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Agenda 08-03-04 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA" AUGUST 3, 2004 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I / Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. " · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · 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 BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA August 3, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Mike Ferguson 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: None B. Community and Special Events: None C. Presentations: 1. Proclamations: a. "Florida Water, Wastewater, and Systems Operators Week" - August 16-20, 2004 2. Presentation of $1 million ceremonial check for Wilson Center Improvements by Commissioner Addie Greene IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE 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) 1 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Advisory Bd on Children & Youth Alt " 1 yr term to 4/05 Tabled (2) I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (3) III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (3) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (3) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/05 Tabled (2) II McCray Code Compliance Board Alt 1 yr term to 4/05 Tabled (2) III Ferguson Code Compliance Board Alt 1 yr term to 4/05 III Ferguson Education Advisory Board Alt 1 yr term to 4/05 Tabled (2) IV McKoy Education Advisory Board Reg 2 yr term to 4/06 Tabled (2) Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 Tabled (2) I Ensler Education Advisory Board Alt 1 yr term to 4/05 Tabled (2) II McCray Education Advisory Board Stu 1 yr term to 4/05 Tabled (2) III Ferguson Education Advisory Board Stu 1 yr term to 4/05 Mayor Taylor Planning & Development Alt 1 yr term to 4/05 IV McKoy Senior Advisory Board Alt 1 yr term to 4/05 Tabled (2) VI. 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 - July 2, 2004 2. Special City Commission Budget Meeting - July 13, 2004 3. Special City Commission Budget Meeting - July 14, 2004 4. Agenda Preview Conference - July 16, 2004 5. Regular City Commission Meeting - July 20, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 2 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 1. Award the "ANNUAL PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", BID #66-1412-04/JA to various vendors on a "lot to lot" basis with an estimated annual . expenditure of $26,000 (Contract Period: 8/3/04 thru 8/2/05) 2. Award the bid for "RE-BID FIVE-YEAR CONTRACT FOR SNACK/COLD FOOD VENDING MACHINES", BID #062-1412-04/0D to ALL SEASONS SERVICES, INC. of Miramar, Florida (PROPOSED RESOLUTION NO. R04-125) 3. Award "CO-OP BULK QUICKUME", BID #069-2821-04/JA to CHEMICAL UME COMPANY, INC. with an estimated expenditure of $136,015 for the City of Boynton Beach Utilities Department 4. Approve the 'SURPLUS COMPUTER EQUIPMENT UST" (CPUs and various components) as submitted by the Warehouse and allow for the destruction of same C. Resolutions: 1. Proposed Resolution No. R04-126 Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board action at its meeting on July 15, 2004 as follows: a. Authorization to establish wastewater user rate to cities for fiscal year 2004/2005 as follows: Operations & Maintenance $0.685/1,000 GAL Reserves $0.180/1,000 GAL TOTAL $0.865/1,000 GAL b. Authorization for acceptance of 2004/2005 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund) 2. Proposed Resolution No. R04-127 Re: Authorizing the Provision of Supplemental Police Services for the Heart of Boynton District and the Central Business District 3. Proposed Resolution No. R04-128 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Barbara Edelman for a 6.95-acre tract of land located at the southwest corner of Coconut Lane and Barwick Road 4. Proposed Resolution No. R04-129 Re: Approving the Rate Changes for the Links at Boynton Beach Golf Course for FY 2004- 2005 3 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 5. Intentionally left blank 6. Proposed Resolution No. R04-130 Re: Authorizing the purchase of property owned by Harriett Adderly, located at 116 NW 11 th Avenue, for the appraised price of $61,000 7. Proposed Resolution No. R04-131 . Re: Approving a Task Order proposal with CH2M Hill for the Deep Injection Well at the West Water Treatment Plant as required under the Florida Department of Environmental Protection Operating Permit D. Ratification of Planning & Development Board Action: 1. Non-residential uses in single-family zoning districts (CDRV 04- 008) - Request to amend Chapter 2, Zoning, Section 11, with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non- residential uses proposed within single-family zoning districts (PROPOSED ORDINANCE NO. 04-061) 2. Boynton Commerce Center Lot 3B (USAP 04-004) - Request use approval for air conditioning installation and repair business with associated truck parking on Lot 3B only E. Ratification of CRA Action: None F. Return cash bond of $2,970 to Bliss Construction for the project known as High Ridge Country Club G. Return cash bond of $440 to U-Back, Insulation Contractors, Inc., for the project known as U-Back (offices/warehouse) H. Return cash bond of $550 to Summers/Perini Construction, Inc., for the project known as The Church of Jesus Christ of Latter-Day Saints I. Authorize the use of Community Investment Funds in the following amounts: Vice Mayor Ferguson - $5,000 for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 4 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Florida Collision (POSTPONED UNTIL 8/3/04 A T APPLICANT'S REQUEST) Agent: Carl Casio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3rd Street " Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) Request to rezone from General Commercial District (C-4) to Industrial District (M-1) Proposed Use: Auto Body Repair, Storage and Towing B. Project: Lake Drive North (ABAN 04-003) Agent: Rodney Regan Owner: Avon Investments, Inc. Location: 2625 Lake Drive North Description: Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY 20, 2004) C. Project: Boynton Beach Memorial Chapel (COUS 04-003) Agent: Richard Wensing, Richard Wensing Architects & Planners, P.A. Owner: Stormet Norem Boynton Beach Chapel, Ltd. Location: 800 West Boynton Beach Boulevard Description: Request for conditional use/major site plan modification approval for a 773 square foot building addition to an existing funeral home on a 1.21-acre parcel in a C-2 zoning district D. Project: Renaissance Commons Phase IV (COUS 04-004) Agent: James Comparato & Carl E. Klepper, Jr. Owner: Compson Associates of Boynton II, LLC Location 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Bóynton C-16 Canal Description: Request conditional use/new site plan approval for the construction of a six (6) story, 328-unit condominium building 70 feet in height and 70 townhouse units on an 18.184-acre portion of the 86-acre parcel known as Renaissance Commons 5 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 E. Project: Renaissance Commons Phase V (COUS 04-005) Agent: James Comparato & Carl E. Klepper, Jr. Owner: Compson Associates of Boynton II, LLC Location 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 Canal Description: Request conditional use/new site plan approval for the construction of two six (6} story condominium buildings 75 feet in height for a total of 447 dwelling units on an 8.538- acre portion of the 86-acre parcel known as Renaissance Commons F. Project: Boynton Lakes (ABAN 04-006) (Boswell Place) Agent: Kristen Conti/Jeannie Heavilin Owner: Sara L. Valashinas Location: 3 Boswell Place Description: Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No.2 G. Petition to establish the High Ridge/Quantum Community Development District (PROPOSED ORDINANCE NO. 04-062) H. Approval of the final adoption of the City of Boynton Beach Community Development Block Grant One-Year Consolidated Action Plan (PROPOSED RESOLUTION NO. R04-132) IX. CITY MANAGER'S REPORT: None x. FUTURE AGENDA ITEMS: A. City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (August 16, 2004) B. Proposed Lease Agreement with Boynton Woman's Club (TABLED ON 6/15/04) (08/17/04) c. Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30 p.m. on 9/14/04) D. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) 6 Agendå Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 XI. NEW BUSINESS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard XII. LEGAL: " A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 04-053 Re: Amending Chapter 18, Article II of the Code of Ordinances to authorize an annual change in the investment option by DROP participants in the General Employees' Pension Plan by specifically amending Section 18-127 of the City's Code to provide an additional alternative investment option for DROP funds 2. Proposed Ordinance No. 04-054 Re: Amending Chapter 2, Article IV Purchasing and Consultants, Section 2-57 of the Code of Ordinances to expressly authorize the use of Design-Build contracts for City Projects 3. Proposed Ordinance No. 04-055 Re: Annexing 7.29 acres of property in connection with the request to build 113 fee-simple townhomes and related site improvements for the Waterside Project 4. Proposed Ordinance No. 04-056 Re: Amending the Comprehensive Plan Future Land Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential (Waterside Project) 5. Proposed Ordinance No. 04-057 Re: Rezoning from General Commercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple townhomes and related site improvements (Waterside Project) 6. Proposed Ordinance No. 04-060 Re: Rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04-050 Re: Providing for a one- time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 member's pension by purchasing service credits for such military service served by the member (TABLED ON 7/20/04 TO 8/17/04) 2. Proposed Ordinance No. 04-051 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with anoth~r government entity (TABLED ON 7/20/04 TO 8/17/04) 3. Proposed Ordinance No. 04-052 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend the definition of "Earning" to include unused vacation pay in the calculation of the normal retirement benefit for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances (TABLED ON 7/20/04 4. Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (Boynton Seafood) 5. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) 6. Proposed Ordinance No. 04-065 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) for Florida Collision 7. Proposed Ordinance No. 04-066 Re: Rezoning from General Commercial District (C-4) to Industrial District (M-1) for Florida Collision 8. Proposed Ordinance No. 04-067 Re: Amending the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within commercial master plans in the C-3 zoning district 9. Proposed Ordinance No. 04-068 Re: Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., Infill Planned Unit Development, providing additional standards for building design, usable open space and compatibility with surrounding development 8 Agenda Regular City Commission Meeting Boynton Beach, Florida August 3, 2004 10. Proposed Ordinance No. 04-069 Re: Amending Chapter 18, Article II, Division 5 of the Code of Ordinances to amend the investment policy of the General Employees' Pension Plan to afford the pension plan greater flexibility in its investment allocations and enhance its investment opportunities; specifically amending Section 18-145 entitled, "Investment of Funds" " C. Resolutions: 1. Intentionally left blank D. Other: XIII. UNFINISHED BUSINESS: XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER 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 DISABIUTY AN EQUAL OPPORTUNITY TO PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 7/30/200410:52:48 AM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\080304 FINAL DRAFT.DOC 9 EJ 7!l '31 2EJEJ4 11:20 5513544901 ,~LW"lE ...., 3E3Ac.. III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORnI. Reque'ted City ComminiOll Dete f)nal Form Must be Tumed Requestc( Citr Commlssio/l Date Hnal Form MUlt be Turned Mælif\e Dates in to CilV Clerk's O~ ~«tine Dates in to city Cleric's Ofti~c !81 Augun J, 2004 (Noon) Jul)' :9.2004 o October 5, 2004 (Nl)On) September 20, 2004 r=J A.gu,117,2004 (Noon) August 2, 2004 o Oc(ober 19. 2004 (Nl)On) OI:tobcr 4, 2004 c:J September7,2004 (Noon) Au&ust 16,2004 o November 3. 2(}{)4 (Noon) CX:tober 18, 2004 [:] S~ember21,2004 o November 16, 2004 n (Noon) September 7, 20()4 (Noon) Novc:nber 1,2004 C) <J-f . .c- ::¡-< <- -<0 c: C) .." 0 0 r- Admínistrative Development Plans - -OJ ;-"0 NA TUllE OF 0 Consent Agenda 0 New Business \..0 ;2~-< ACENOAITEM 0 Public Hearing 0 Legal .,,: z: ;x:.. 0,-i :x 0 0 Bids 0 U!\fjnished Business - :::.:}z - -" 0 AMouncement IZI Presentation .. '1 co ~ - f"11 C">þ 0 City Manager's Report i'-"':> rr1<J :r RECOMMENDA TION: Permit presentation EXPLANATION: Píllm Beach County, through CommissiOlJer Addie Gn:ene. is contributina $1 mi11íon t()ward capjtllì improvements at the Wil"on Center. The City has invited Commissioner Greene to present a ceremonial "big check" at a Commission meetíng as a way of acknowledgin¡ her contribution to this project. PROGRAM IMPACT; The CO\D1ty's money will help reduce the City's expen!les of this project. FISCAL IMPACT: $1 million (for the project) AL TERNA TIVES: Not permit presentation ü~ U./~~_ ~~~~ /;/k / . City Manager's Signature Depa."tm cad Igna re fiM- Department Name City Attc;)mey / Finance / Human Resourçes S:\BULLETlNlFOR.\tS,^GENDA ITEM REQUEST fORM. DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM B.1. AGENDA ITEM REQUEST FOkJ.u 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 !ZJ August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18, 2004 o September 21,2004 (Noon) September 7,2004 o November 16,2004 (Noon) November I, 20Q<t:. n ~::¡ <- -¡-( 0 Administrative 0 Development Plans 1--"-" ~(C) r --- {j-r'J NATURE OF !ZJ Consent Agenda 0 New Business - :.:: "TJ ~- ~'.;o AGENDA ITEM 0 Public Hearing 0 Legal ~::: '-< ~ .__.r-:.~ 0 Bids 0 Unfinished Business (/j --f ....._-~ _ C> 0 0 r',J =~z Announcement Presentation -,' crJ ~ ;::,:Ï>1 0 City Manager's Report c...o ":> ~'o ;:ç:. RECOMMENDATION: Motion to award the "ANNUAL PURCHASE OF STREET SIGNS, NEW At'D REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #66-1412-04/JA, to various vendors on a "lot to lô:tt basis with an estimate annual expenditure of $26,000.00. Contract Period: AUGUST 03, 2004 THROUGH AUGUST 02, 2005. EXPLANATION: On June 16, 2004, Procurement Services received and opened seven (7) proposals, which were computer tabulated on June 17,2004. After a careful review, we recommend an award be made to various vendors on a "lot by lot" basis. The factors used in determining the bid award were: 1.) Price; 2.) Brand Name; and 3.) Vendor minimum shipping requirements. All recommended vendors, are considered to be the most responsive, responsible bidders who meet all specifications. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached memo). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to establish prices for various Warehouse stocked items. These items include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used throughout the City. Items will be ordered on an "AS NEEDED BASIS" FISCAL IMP ACT: BUDGET ACCOUNT NUMBER ESTIMA TED ANNUAL WAREHOUSE STOCK EXPENDITURE 502-0000-141-01-00 S26'OOO;~~ '~~~ ¿-~ ~ - .. u· ~ Deputy Director of Finan CÍa I Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC RECEIVED ~í1~ JUl 0 6 2004 The City of PROC~{J/ SERVICES I Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager fJjfJ DA TE: July 5, 2004 SUBJECT: Street Signs bid #066-1412-04/ja I have reviewed the tabulation sheets and proposals from your office. I used the following factors in detennining this award. A) Price B) brand name C) vender minimum shipping requirements. I recommend a multi award on a "lot by lot" basis to the lowest most responsive bidder. ALUMUNUM BLANK SIGNS Custom products 1,2,3,4,5,6,7,8,9,10,11 Municipal supply 12 PRE-PRINTED SIGN FACIA Rocal Inc 13,14,15 PRE-MADE METAL Vulcan sign 16,17 ~ 24x50 ROLLED FACIA Newman signs 18,19,20,21,22,24 Rocal 25 3M 23 Street signs page two POST BRACKETS AND BOLTS Vulcan 32,33,34,35 Municipal Supply & signs 26,27,28,29,30,31 NON-REFLECTIVE VINAL 3M Company 36,37 Custom Products 38,39,40,41,42,43 RIBBONS No Bid this section In addition to the over all low prices. The following vender is offering the following discount for items not listed on this bid. Municipal Supply 30% ~ H Q bI) ctI ¡:: ctI ;:E: Q z [) 0 ;:1 0 ~ N ,.c::: 0 CO 0 Q r- .... <0 C'! 00 H o OO~ N ~ ~ .0 0) ..... 1, ctI a.. co co co 0 <0 o:::""Sf~r-O::: N N ~ ..... T'" ~ O~C'>N~~ fh fh ~ fh .. ()~(f.)C'>N~ 0 (J') .~~C')() H e ai ¿ I-X ,...<»- ;:1 :1 E ,0 ()O ·o,..!.1- ctI o ,.. ¡ ::¡1XI6CRgw ;:E: ~-g:g c "(f.)w Q 6 II Õ 00 Z ',0 ç:¡ '" J!! .. O:::Iit50~~ ;;~ - = II .!!! a.. <xu.. 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CITY OF BOYNTON BEACIJ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D November 16,2004 (Noon) November 1,2004 n 0 0-1 f- =--:¡-< (~ --::0 D ..= 0-" D Administrative Development Plans ¡- !~ç¡J D - '-'C:J NATURE OF ~ Consent Agenda New Business r---J ?2 ~-< AGENDA ITEM D D ~-...--.- Public Hearing Legal -'" ~- CJ D Bids D Unfinished Business ---..~ ., - ~-~. ..L~ - D D .. - ~-'":J Announcement Presentation U1 --''1 o"~ D City Manager's Report U1 fTI;:; :I: RECOMMENDATION: A motion to award the bid for "RE-BID FIVE YEAR CONTRACT FOR SNACK/COLD FOOD VENDING MACHINES"" BID#062-1412-04/CJD to ALL SEASONS SERVICES, INC. of Miramar, Florida. EXPLANATION: On May 26, 2004, Procurement Services received and opened (2) proposals for the referenced bid. After review and evaluation it has been determined to recommend award of this bid to All Season's Service, Inc. of Miramar, Florida whose bid was overall responsive and responsible. All Season's will be providing snacks/cold food at various locations within the City for the employees. All Season's will provide the City a 15% commission on gross sales net of sales tax. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid was to seek a sole vendor to provide snack/cold food vending machine services at various locations within the City. The commission proceeds from these vending machines have been used for the annual employees party. FISCAL IMPACT: The City will receive a 15% commission on gross sales (net of sales tax) from all machines at all locations to generate funds for the annual employee party. ýl ~ ~:/:k ~. ./(4 .' ' fl~ / Deputy Director of Financial Servic 'ft~ity Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: WillTed Hawkins - Assistant City Manager File 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #062-1 41 2-04/CJA TO ALL SEASONS 7 SERVICES, INC., AUTHORIZING THE CITY 8 MANAGER TO EXECUTE CONTRACT 9 DOCUMENTS; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 \VHEREAS, two competitive bids were received and opened by Procurement 13 ervices on May 26, 2004, for snack and cold food vending machines at various 14 ocations within the City for it's employees; and 15 WHEREAS, after review and evaluation, it has been detennined to 16 ecommend award of this bid to All Season's Service, Inc. whose bid was overall 17 esponsive and responsible. I 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 19 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The City Commission of the City of Boynton Beach, Florida, 21 ereby approves the award of Bid #062-14l2-04/CJD to All Seasons Services, Inc. 22 d does hereby authorize the City Manager to execute a contract of which is attached 23 ereto and made a part hereof 24 Section 2. That this Resolution shall become effective immediately. 25 :\CA\RESO\Agreements\Bid Awards\Award of Bid - All Season -Vending Machines.doc _~O" ~. . -- - ----."~._'"""--~--_.~......-,-----~- -~-~~'------ > --~-' -.~-- - - -___-f-_ --<'-""- .,,- ~ 1 PASSED AND ADOPTED this day of August, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 TTEST: 20 21 22 ity Clerk 23 24 Corporate Seal) 25 26 27 28 :\CA\RESO\Agreements\Bid Awards\Award of Bid - All Season -Vending Machines.doc VENDING SERVICES FOR COLD FOOD/SNACKS AGREEMENT BETWEEN AND THE CITY OF BOYNTON BEACH, FLORIDA BID #062-1412-04/CJD THIS AGREEMENT between All Season's Service (Vendor) and the CITY OF BOYNTON BEACH, FLORIDA (City) is made this 20th day of Julv. 2004. WIT N E SSE T H: WHEREAS, Vendor and the City wish to enter into an agreement to incorporate the tenns and conditions of BID #062-1412-04/CJD regarding the provision of cold food/snacks Vending Machine Service. NOW, THEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2.. The tenn of this Agreement shall commence on or about Julv 21. 2004 and extend until July 20. 2009. This Agreement may be renewed for an additional (1) year as agreed to mutually by the vendor and the City of Boynton Beach. This agreement may be tenninated at any time by either party. A thirty (30) day written notice to the other party will be required. 3. Vendor shall have the full service Cold Food/Snacks vending placements as provided by BID #062-1412-04/CJD, attached hereto and incorporated herein. Vendor Repair services shall be available from 8:00 A.M. to 5:00 P.M. on all City work days. Repair(s) must be satisfactorily completed no later than (1) day after service is requested by telephone, excluding Saturdays and Sundays. C-l .,.~-..............,~~~.-~--~"---",~'-- < ~_'-~~-'~~'--~'--' --~- ~_ __ _ ._____~__~__.~'._...__"'_h·_ _'....... --.~-"'-~-, 4. Vendor shall provide the brand names of the Product as set forth in BID #062- 1412-04/CJD. The Cold Food/Snacks vending machines shall be filled by a full service driver employed by Vendor. 5. Vendor shall reimburse the City the amounts, as provided in BID #062-1412- 04/CJD from the sales it incurs from the Cold Food/Snacks vending machines. 6. Vendor shall provide on an annual basis throughout the 5 year term, and any renewal periods, of this Agreement all of the items that were set forth in BID #062-1412- 04/CJD. 7. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 8. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 As to Vendor: All Season's Services. Inc. 3421 Enterprise Way Miramar. FL 33025 9. Vendor shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Vendor shall not assign any moneys due or to become due without the prior written consent of the City. C-2 10. The City and Vendor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to an covenants, agreements and obligations contained in the contract documents. 11. Vendor, for good and valuable consideration shan indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting rrom the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of Vendor or its subcontractors, agents, servants or employees. Vendor agrees to defend, indemnify and save harmless the City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by Vendor, its subcontractors, agents, servants or employees. Vendor further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees rrom an such claims, fees, and rrom any and an suits and actions of every name and description that may be brought against the City or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and rrom any and an suits and actions that may be brought against the City, its officers, agents, or employees for the inmngement of any and an patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shan obligate Vendor to defend at its own expense or to provide for such defense, at the City's option, any and an claims or liability and an suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result rrom the operations and activities under C-3 -_._-"-. --<-.--~--~=--~~--"~--~'~--~";-"-~--'~-"""-~----> .-",..-_--"""'-~~--,,-..¡~- -,,~-->=-;..---.._--~ >-.,____~<,i1i_~ this contract whether the work be perfonned by Vendor, its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 12. This Agreement shall be considered null and void unless signed by both Vendor and the City. 13. The contract documents constitute the entire agreement between the City and Vendor and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF~ the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Kurt Bressner, City Manager Approved as to legal sufficiency and fonn: By: City Attorney ALL SEASON'S SERVICES, INC: WITNESSES: By: (print or Type Name) (print or Type Name) WITNESSES: (SEAL) (print or Type Name) C-4 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2004, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida C-5 .-...-~~ .. ..............~--- ..-- . ,_ ~~~______,,_,,______ ._~_~___~._'--"'~__'___.__"'__"~J'¿ _'_'__~___"~".__~~.~__' _~I._ __x'___ ------~-......._--""~- ~ ~ f--' tn f--' ~ 0> '" .... 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Co ,~z::::. Qo S::O w;:oS2» ~ !;gõ ~mZ 0 '" ~z ""mG>:I: ¡;¡. eno o~ rn ~ Z õ m .þ. en .. ~ .. _~ _, _, .."".~..~_ ~_<'."_T-" ~^.. __~ _~""~_~"",_-<->",,,,,=,,,,-,,,___ v~....~__._~_" --'~'-""""'--' ____ - --" ~--.- VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 8.3. AGENDA ITEM REQUEST FORl\_ 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 [81 August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7,2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans c:> (J [81 0 .r.- c-,==i NATURE OF Consent Agenda New Business <- =i-< AGENDA ITEM 0 Public Hearing 0 Legal c --<0 r- ,,-" 0 Bids 0 Unfinished Business I'\.) ','-co I'\.) ''10 0 Announcement 0 Presentation '::?-< -U ~.:z: 0 :::;.:: :J)~ City Manager's Report :.::)0 ~ -r-¡z -r-¡ co RECOMMENDATION: Motion to award "CO-OP BULK QUICKLIME", Bid #069-2821-04/JA, to ~E=L LIME COMPANY, INC. with an estimated expenditure of $136.015.00 for the City of Boynton Beach 'es ~~~ ~ Contract Period: AUGUST 3, 2004 TO AUGUST 2, 2005 EXPLANATION: On June 29, 2004 Procurement Services received and opened three (3) sealed proposals for the above-mentioned bid. Chemical Lime Company of Alabama, Inc., Mulberry, Florida was the lowest, most responsive, responsible bidder who meets all specifications. Dependant upon rainfall, water restrictions, and other factors, we anticipate a usage of approximately 1,100 tons per year. Chemical Lime Company has previously supplied lime to the City in a satisfactory manner. Tom Fitzgerald, Deputy Utilities Director, concurs with this recommendation (see attached memo # 04-86). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. The City of Boynton Beach is the lead entity for this Palm Beach County Co-Operative Purchasing bid. The total co- operative bid is $ 1,075,143.68. There are six (6) other entities participating in this bid. PROGRAM IMP ACT: The purpose of this bid is to secure a source, to provide the best quality Bulk Quicklime available at the most economical price, and delivery to various governmental entities that have elected to participate in the Co-Operative Bid. Bulk quicklime is used by the East Water Treatment Plant to precipitate calcium carbonate from the water. FISCAL IMP ACT: BUDGET ACCOUNT ESTIMATED ANNUAL PROCESS CHEMICALS EXPENDITURE #401-2821-536-52-35 $136,015.00 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM /-J /"- ",)' U~ /~/~ /;:7 ~ " / ..:¿;:~ '~- ..- Deputy Director of Financial Services / City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources Cc: Tom Fitzgerald - Chief Operator, Utilities East Water Treatment Plant Co-Operative Distribution List File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ~---,-.- - - ,_..~~-----...... ",_ __'_, _"._<_. _~'_~~_ñ-__}_~___ - --'--~'''---'-~''--~'''';''-'-~~-" ..<. .-.""'~--- MEMORANDUM Utilities #04-86 TO: Bill Atkins Procurement Services -1 FROM: Torn Fitzgerald ~~ ~~~ Chief Operator/East Plant DATE: July 15, 2004 SUBJECT: Annual Co-Op Bulk Quicklime I have reviewed the three bids received for the annual bulk quicklime used at the East Water Treatment Plant. We estimate using approximately 1,100 ton of this process chemical per year. The lowest bid amount was $123.65 per ton for an approximate expenditure of$136,015.00. We recommend awarding Bid #069-2821-04/JA to the lowest priced responsible bidder, Chemical Lime, Co., in the amount $136,015.00. This amount is an estimate as usage depends on rainfall, water restrictions, success of conservation program, and other factors. Funds are available for this necessary process chemical in account #401-2811-536-52-35. If additional information is needed, please contact me at extension 6434. 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I» ~ ~ m 2: 0. - VI I» ::T ~ CD 6 :Þ " -c 0 -c en õ· ~ ~ -I:ÞI:Þ· 0 - Co -Ixo.9e: ê: ""' 8: zoo m 03 CD .._Z DJ-I ::> CD ~ ",::0 I -·VI 0-< oof1:':Þ°m m :ÞO\-- x~ :Een :;O-"':Þ......~ ZZ o<»5:·ooZ mO ,~-w......!:: -< 0-1 ~w~O\ s: m DJ:Þ ,,~<;o~ m en e:s: ~<o<»o en- ..... <0 -Z 0 <0 Zo 0 <0 m:;o 0 ~~ x u ~ CD ~ VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM 8.4. AGENDA ITEM REQUEST FOi_~a Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 1:8] August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 1:8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to approve the "SURPLUS COMPUTER EQUIPMENT LIST" (CPU's and various components) as submitted by the Warehouse and allow for the destruction of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER EQUIPMENT LIST" as submitted by Dominic DeMauro, Warehouse Manager (see attached memo) and it has been determined that since the CPU's have been stripped and various components have been placed in other City computers, the Palm Beach County Thrift store no longer accepts computers unless they are in working condition, Procurement Services recommends destruction of such. PROGRAM IMP ACT: The disposal of surplus computer equipment allows for warehouse space for inventory. ~~~~- ~ /~~~ Deputy Director of Financial Services ¡(" City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager Hoyt Johnson - Finance File .... ø, . , ~ w ~ M'.'''<t ~I¡~ W;WI'~.¡~ ~ W:.~lm W,W ~ ~ 00 ~ 0 8 ~ "<t[~ - ~i- 0 ~ ~ -g "<t "<t "<tl"<t 'O:tIN N ~ WN Z ~IZ ~ N ~ >< I', u:: ¡ ! ! +--~-~- , ' I 1 1 I I ' I ! 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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 C8J August3,2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21,2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NA TURE OF C8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On July 15, 2004, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not ratify their action. ~ F City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWTD - 08-03-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RA TIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 WASTEWATER TREATMENT AND DISPOSAL 8 BOARD ON JULY 15, 2004, AS SET FORTH IN 9 EXHIBIT "A" ATTACHED HERETO; 10 AUTHORIZING AND DIRECTING THE CITY 11 MANAGER AND CITY CLERK TO EXECUTE SAID 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, The South Central Regional Wastewater Treatment & Disposal 17 Board (SCRWTDB) requests ratification ofthe action taken by the Board at the Quarterly 18 Meeting of July 15, 2004, as set forth in the attached Exhibit "A". 19 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission does hereby ratifY the action taken by the 25 South Central Regional Wastewater Treatment & Disposal Board on July 15, 2004, as set 26 forth in the attached Exhibit "A". 27 Section 3. This Resolution shaH take effect immediately upon passage. 28 29 30 31 :\CA\RESO\SCRWTDB Annual Meeting 7-15-04 Ratification.doc ~~-_..-'- ~._~_......L'~_'_'_"'_'>""'" _...._,.~.............._____~. -'~-'--------<~----~--"'-~-,-" -~,~~-..-~-- """""'- -~...-- 1 2 PASSED AND ADOPTED this _ day of August 2004. 3 4 5 CITY OF BOYNTON BEACH, 6 FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 :\CA\RESO\SCRWTDB Annual Meeting 7-15-04 Ratification.doc RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWA TER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 2004, by a vote of 7-0, approve AUTHORIZA TION FOR ACCEPTANCE OF 2004/2005 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund). WHEREAS, ~aid Board action requires ratification by the City of Boynton Beach. NOW, THEREFORE, the City of Boynton hereby ratified said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor or City Manager Attest: City Clerk Approved as to form: C") 0 D=i .;:;- ==1-< c- City Attorney c: -<0 r- ç") ""T1 N '--co - "lo :-Q-< ;Þ. ~.:z: ::c 0)-1 - QO - ,,2: .. -., co .s::- -fTl 0'\ ~:t> C"') ::r: ~ " ........- -..-- --, ----.---.......~-~"--""-~-~-~~-------.- - - __ ,-_-__,.c__,_......,.-o-~~"~~_____._ ~..,__ .- --'>-.,~------.....<.~-->._--..- RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWA TER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 2004, by a vote of 7-0, approve AUTHORIZATION TO ESTABLISH WASTEWA TER USER RA TE TO CITIES FOR FISCAL YEAR 2004/2005 AS FOLLOWS: 2004/2005 OPERATIONS & MAINTENANCE $0.685/1,000 GAL RESERVES $0.180/1,000 GAL TOTAL $0.865/1,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach NOW, THEREFORE, the City of Boynton Beach hereby ratified said Board action independently. The above action ·is herel:)y ratified in open session by the City of Boynton Beach this _ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor .orCity· Manager C') C> ("')~ Attest: .&- =i-< '- -<0 City Clerk c:: r- n""TJ N ,m rrto Approved as to form: - ~-< ::t::z :Þo u)-i :it 0 - O:z: - ." .. ..."m .c- -1"'1 .CJ"\ ("')1> City Attorney m("') ::r AG~\~I'-. : ~::; a.. EXECUTIVE SUMMARY 2004/2005 WASTEWADR 08t M BUDGET . ($370,000 over ef¡enditures) The projected budget for 0 & M for 2004/2005 is $3,999,000I\which is $24 ,000 over last year's Budget. This increase is due primarily to adding (1) new electrician and (1) new mechanic thus increasing our staff from (21) to (23) full-time employees. In 1991 the Board employed (31) full-time employees which has been reduced to our present total of (21). We find, however, at this time due to the additional demands placed on our maintenance staff, additional equipment for reuse, dewatering and odor control, plus the aging of original equipment, that these additional employees are needed to properly maintain our facility. Other major impacts are additional $ 51 ,000 for electricity and $ 74,000 for chemicals. In order to meet our new budget number at minimum flows, we must increase our rate by $0.05/1,000 gal for a total of $0.685/1,000 gal. RECLAIM USER RATES AND ·PROJECTED REVENUE ($47,000 over expenditures) The projected Budget for 0 & M for 2004/2005 is $372,000Ì\which is $57,000 over last years Budget; primarily due to increased maintenance & anticipation of Delray going on line. User rates established by Agreement were set at 0.20/1,000 gal. for reclaimed water, and 0.08/1,000 for storage. Complete audit of Income vs. expenses will be performed at the end of the Fiscal' year to determine if rate increase is required. WASTEWATER RESERVE FOR REPAIR at REPLACEMENT It is estimated as of 09/30/04 we will have $800,000 in the Wastewater Reserve for Repair & Replacement. We have requested expenditures of $90,000 in this year's budget for various projects. The present rate for Repair & Replacement of $0.18/1,000 gal. will generate $1,051,000 at minimum flows. POTENTIAL CAPITAL PROJ~CTS It is anticipated that during the next Fiscal Year work will begin on our r.euse expansion and the Solid Waste Authority's Pelletization Project. These projects along with (3) other odor containment projects plus current meter at outfall will require $5,950,000 to be divided 50/50 between the two Cities for FY 2004/2005. An additional $3,500,000 will be required - 1/2 from each City for FY 2005/2006. 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WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2000-2005 DESCRIPTION 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-2005 ACTUAL ACTUAL ~ BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,143,982 $1,160,016 $1,202,941 $1,296,000 $1,252,700 $1,441,000 OPERATING EXPENSES: 1,696,650 1,887,011 2,291,050 2,371,000 2,269,000 2,413,000 SERVICES 621,327 774,534 643,584 643,000 496,000 550,000 OPERATIONS/MAINTENANCE 760,768 819,636 1,029,186 1,187,000 1,179,000 1,242,000 CHEMICALS/SUPPLIES 314,555 292,841 618,280 541,000 594,000 621,000 -------- -- TOTAL PERSONNEL AND OPERATING EXPENSES 2,840,632 3,047,027 $3,493,991 3,667,000 3,521,700 3,854,000 OPERATING CONTINGENCY 0 50,000 50,000 25,000 0 50,000 ENGINEERING 22,310 50,416 37,231 59,000 80,000 95,000 -------- -...-..-------- -------------- ---------- -------- TOTAL BUDGET $2,862,942 $3,147,443 $3,581,222 $3,751,000 $3,601,700 $3,999,000 ,--".~-~ ~~~-- :.-._....._.~~.....-.,_.._,.______..... ______.........~_«_~_,~_·>__r--· - ---"'--..-.~------~~-~ ~-~~- __»00"""_"_ PAGE )2 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ~"""ONNEL ACCOUNT NO. DESCRIPTION 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 1212 REGULAR WAGES $791,950 $791,354 $840,355 $869,000 $860,000 $996.000 12121 SICK LEAVE REDUCTIONS 3,083 11.534 8,862 11,000 14,000 30,000 1214 OVERTIME 53,160 40.634 41,920 50,000 46,000 47,000 12151 EMPLOYEE ASSIST. PROG. 590 540 560 1,000 700 1,000 12152 PLANT PERFORMANCE 10,000 10,300 0 10,000 0 0 1221 SOCIAL SECURITY 68,009 67,208 70,192 80,000 76,000 87,000 1223 HEALTH INSURANCE 65,690 77,056 81,650 86,000 84,000 95,000 ',2231 DENTAL INSURANCE 6,336 5,956 6,169 7,000 7,000 8,000 2232 DISABILITY INSURANCE 5,584 5,536 5,278 7,000 6,000 7,000 2233 LIFE INSURANCE 1,040 1,158 1,190 2,000 1,000 2,000 224 WORKERS' COMPENSATION 36,171 39,907 36,117 47,000 35,000 41,000 225 UNEMPLOYMENT 142 0 143 1,000 15,000 1,000 236 PENSION 101,495 107,900 109,704 124,000 107,000 125,000 2/ PAYROLL CONTINGENCY 732 933 801 1,000 1,000 1,000 ---- ---- ---- ------- - TOTAL PERSONNEL SERVICES $1,143,982 $1,160,016 $1,202,941 $1,296,000 $1,252,700 $1,441,000 PAGE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SERVICES ACCOUNT 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3100 MEDICAL SERVICES $240 $936 $598 $2,000 $1,000 $2,000 3110 LEGAL (GENERAL & ADMIN) 18,651 29,164 33,On 29,000 20.000 29,000 3112 LEGAL (TOXICITY) 0 0 0 2,000 0 3,000 3120 SERVICES (G & A) 4,602 7,319 5,099 7.000 7,000 10,000 3200 AUDITING 20,414 19,861 22,150 22.000 22,000 22,000 3300 LAB PERMIT TESTING 0 40,656 41,329 46.000 46,000 50,000 ,400 PRETREATMENT 7,444 0 0 0 0 0 402 TOXICITY TESTING 8,899 262 0 0 0 0 ~404 CHEMICAL ANALYSIS 10,578 0 0 0 0 0 ¡406 METER CALIBRATION 8,011 ?,480 7.236 8,000 8,000 8,000 1410 SLUDGE HAULING 425,991 571,264 424,066 400.000 260,000 275,000 1411 GRIT HAULING 74,389 57,569 86.383 79,000 85,000 85,000 1412 TRASH HAULING 452 0 124 2,000 1,000 2,000 1500 SERVICES (0 & M) 41,656 41,023 23,522 46,000 46,000 64,000 -- ---- ---- ------ ---~----- ------- TOTAL SERVICES $621,327 $774,534 $643,584 $643,000 $496.000 $550,000 .",-,~-~ ~__._~--.._.......".__..., =___~~_.~_~__~ - _~ ~__~_____""""''''_'''__~_<'WH _.. ..~____-_.___-..<_/~.__ ''''~ _ _ -<>o~~. ·,.·_",,~-....,c~_~.......... 'AGE C4 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD !.P~~ "'TlONS/MAINTENANCE \CCOUNT 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 1000 VEHICLE EXPENSE $3,017 $7,095 $8,698 $10,000 $11.000 $11.000 ~020 BOARD CONTINGENCY 3,414 2,856 1,805 5,000 2,000 5,000 ~ 1 00 TELEPHONE 11,643 14,706 17.938 24,000 21, 000 24,000 102 POSTAGE 3,154 3,902 3,827 6,000 5.000 5,000 300 ELECTRICITY 519,747 481,965 601,767 689,000 720,000 740,000 302 WATER 11,568 13,000 20,699 13,000 21,000 21,000 303 IRR. REUSE WATER 7,742 7,279 0 8,000 9,000 9,000 400 EQUIPMENT RENTAL 959 1,463 726 2,000 0 2,000 500 INSURANCE 102,719 184,503 253,930 295,000 230,000 240,000 600 M & R EQUIPMENT 27,901 33.381 29,541 40,000 40,000 50,000 620 M & R VEHICLES 6,741 6,452 7,390 12,000 7,000 8,000 630 M & R GROUNDS 4,073 4,336 1,876 5,000 7,000 7,000 640 M & R BUILDINGS 5,672 5,643 6,554 6,000 9,000 10,000 650 M & R UNSPECIFIED 6,830 6,331 21,057 20,000 17,000 20,000 9 ADVERTISING 1,268 1,987 3,912 2,000 4,000 3,000 902 LICENSE & PERMITS 16,523 12,465 14,072 16.000 25.000 17,000 400 MEMBERSHIP DUES & SUBSCR" 6,489 10,522 1 0,878 11,000 11,000 11,000 410 TECHNICAL TRAINING 2,320 7,135 7,261 12,000 7.000 12,000 420 EDUCATIONAL EXPENSES 563 1,963 2,741 3,000 3,000 3,000 00 CAPITAL ASSETS 18,425 12,652 14,514 8,000 30,000 44,000 --- ---- --- TOTAL OPERATIONSIMAINT. $760,768 $819,636 $1,029,186 $1,187,000 $1,179,000 $1,242,000 'AGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD HEMICALS/SUPPLlES CCOUNT 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET ;100 OFFICE SUPPLIES 55,116 $4,483 $4.084 $6,000 $6,000 $6,000 ,201 SAFETY SUPPLIES 2,255 3,228 3,126 4,000 5,000 5,000 202 GENERAL OPERATING 15,936 18,137 22,119 20,000 18,000 20,000 203 JANITORIAL SUPPLIES 2,272 1,644 2,487 2,000 3,000 3,000 204 LABORATORY SUPPLIES 24,286 5,904 4,639 6,000 6.000 6,000 210 CHEMICALS 245,630 242,431 550,566 470,000 530,000 544,000 220 OIL, FUEL. LUBRICANTS 9,640 3,618 15,683 15,000 7,000 15,000 230 CDNSTRUCTION MATERIALS 1,288 2.581 1,648 3,000 3,000 3,000 ~40 UNIFORMS 5,401 7.052 7,460 8,000 9,000 11,000 250 SMALL TOOLS < $500 2,431 3.763 4,291 4,000 4,000 5,000 251 OFFICE EQUIPMENT < $500 300 0 2,177 2,000 2,000 2,000 252 LAB EQUIPMENT < $500 0 0 0 1,000 1,000 1,000 --------- ------- ------- ------- ------- -------.----- TOTAL CHEMICALS/SUPPLIES $314,555 $292,841 $618,280 $541,000 $594.000 $621,000 :>ERATING EXPENSES (SUMMARY) SERVICES $621,327 $774,534 $643,584 $643,000 $496,000 $550,000 OPERA TIONSIMAINTENANCE $760,768 $819,636 $1,029,186 $1,187,000 $1,179,000 $1,242,000 CHEMICALS & SUPPLIES $314,555 $292,841 $618,280 $541,000 $~94,OOO $621,000 ----- ------- ----...- ------ 'OTAL OPERATING EXPENSES $1,696,650 $1,887,011 $2,291,050 $2,371,000 $2,269,000 $2,413,000 -'._- ..0-.... ~_-""_~~~~,~ _,_.~ ___~ ~~__ -_<__~__>_--'" <_.....___..'" ____w._~?__ -..._"-~-...--,""-------.-,--<.---,.__.,<* . ---......~~--""- 'AGE ')6 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ¡PERATING CONTINGENCY !I.\. JNT 2000-2001 2001·2002 2002-2003 2003-2004 2003-2004 2004-20005 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 1990 OPERATING CONTINGENCY $0 $50,000 $50,000 $25,000 $0 $50,000 ----- ----- --------- --- ------ TOTAL OPERATING $0 $50,000 $50,000 $25,000 $0 $50,000 CONTINGENCY AGE 07 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD NGINEERING 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-20005 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 50 GENERAL $20,236 $48,342 $37,231 $51,000 $80,000 $65,000 160 BIOTOXICITY 0 0 0 0 0 0 162 PRETREATMENT 2,074 2,074 0 5,000 0 5,000 63 THERMAL SCREENING 0 0 0 3,000 0 0 FACE 0 0 0 0 0 25,000 ---- ---- --- ---- ------ --- TOTAL ENGINEERING $22,310 $50,416 $37,231 $59,000 $80,000 $95,000 GRAND TOTAL BUDGET: $3,999.000 ;OUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD NNUAL RECLAIMED BUDGETS: ACTUAL. BUDGETED PROJECTED ~CCOUNT NO. DESCRIPTION 2000-2001 2001-2002 2002-2003 2003-2004 2003-2004 2004-2005 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 1212 REGULAR WAGES $85,218 $95,000 $79,050 $95,000 $98.000 $130,000 31101 LEGAL 2,149 5,000 2,389 5.000 4,000 5,000 31502 ENGINEERING 2,635 3,000 23,690 4,000 6,000 6,000 32001 AUDIT 2,259 4,000 4,000 2,000 2,000 4,000 3402 TESTING 13,800 15,000 16,628 15,000 15,000 20,000 3406 METER CALIBRATION 0 1,000 0 1,000 0 1.000 35004 SERVICES (LAWN MAINT) 11,170 15,000 9,550 9,000 9,000 9,000 43000 FUEL FOR VEHICLES 0 0 0 0 0 1,000 4300 ELECTRICITY 95,534 96,000 97,544 104,000 115.000 117,000 45001 INSURANCE 17 ,539 20.000 26.861 30.000 22,000 25,000 46014 M & R EQUIPMENT 6,949 8,000 11,128 8,000 13,000 10,000 4640 M & R BUILDING 76 1,000 107 1,000 1,000 1,000 4902 LICENSES & PERMITS 0 0 0 0 0 0 5204 SUPPLIES LAB 628 1,000 0 1,000 0 1,000 52103 CHEMICALS CHLORINE 37,358 40,000 40,999 40,000 40,000 42,000 ---- ------ ~--------- --------- ------- ------- )TAL BUDGET: $275,315 $304.000 $311,946 $315.000 $325.0QO $372.000 :ELIREUSE DETAIL 0405 7/16/20049:48 -- --<~---,.;"'-~--~-'..,....,.......----------.---~_.~- - - -"'-_....,~-'<__,__-"'"_-.___c__~"4.; -_-~~~-~._~__ ~~-,--<.<,-~-<;~-....... AGENDA # J (2) d. REPAIR 8[ REPLACEMENT FUND 2004/2005 HYDRAULIC POWER PACK - DEWATERING CONVEYOR $5,000 GRIT CLASSIFIER SCREW & WEIR BAR 5,000 GRATING CLARIFIER BRIDGES 20,000 V ANTON PUMPS - H2 SCRUBBER 35,000 UPGRADE & CONVERT SCADA SYSTEM 25,000 $90,000 EXCEL\BUDGET\R&ROO4 -~.......~_.~-~ - . - - -" POTENTIAL CAPITAL PROJECTS SO/50 FROM EACH CITY 2004/2005 BOYNTON DELRAY CURRENT METER OUTFALL $ 50,000 $ 50,000 RECLAIM EXPANSION (WITHOUT GRANTS) $1,250,000 $1,250,000 * ($750,000 FROM EACH City FY 2005/2006) SOLID WASTE PELLETIZATION PROJECT $1,500,000 $1,500,000 (WITHOUT GRANTS) * ($1,000,000 from each City FY 2005/2006) SLUDGE STORAGE BUILDING EXPANSION $ 150,000 $ 150,000 (3) SCRUBBER CONTROL PANELS $ 10,000 $ 10,000 ADDITIONAL ODOR STUDY $ 15,000 $ 15,000 TOTAL: $2.975.000 $2.975.000 W ord\budget\cap proj0404 ..~.----. .... .-- -- . _.' ~__<b_""..'~"""""._"'''''' ~_~_.. ._~_--,-,--~__~_, ....____.-.- <_ ___ __"..,~_~__. --.~.....--_.."...".=~.,,-.~.- ->=---,...þ --~--'-=--,-~~--- VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.2 AGENDA ITEM REQUEST FÓKln 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 o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2,2004 c=J October 19,2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 c=J September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF 0 Consent Agenda c=J New Business AGENDA ITEM 0 Public Hearing c=J Legal c=J Bids c=J Unfmished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Approval ofa contract between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the provision of additional police services within the area known as the "Heart of Boynton" and the Central Business District. EXPLANATION: The Community Redevelopment Agency is requesting that the police department provide four sworn officers along with two marked patrol vehicles and four patrol bicycles. The personnel and equipment will be utilized to provide additional police services to the downtown and marina districts along with the "Heart of Boynton" area. The personnel and equipment will supplement the current level of police patrol in these areas and add personnel to the police department's authorized strength and inventory of equipment. The CRA will provide the funding for the personnel and equipment in accordance with paragraph 8.1 and Exhibit "B" of the contract. PROGRAM IMPACT: Provide additional police personnel and services for the Heart of Boynton and the downtown and marina districts. FISCAL IMPACT: No fiscal impact. /,,/ onoone with eurrent level nf police ""rvioo' m the ~ / ~--- /' Department Head's Signature 1fb,<z~ity Manager's Signature Ma"ball ~ Ch;ef of Police 6l-, c~ ~a!(Þ Department Name City Atto / Fmance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC r r . I' , ' 1 2 RESOLUTION NO. R04- 3 4 I 5 A RESOLUTION OF THE CITY COMMISSION OF I I, I 6 BOYNTON BEACH, FLORIDA, APPROVING THE I i! I j ¡ I AGREEMENT BETWEEN THE CITY OF BOYNTON 7 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY FOR ADDITIONAL 10 POLICE SERVICES WITHIN THE AREA KNOWN AS 11 HEART OF BOYNTON BEACH; AND PROVIDING AN 12 EFFECTNE DATE. 13 14 ; , 15 f WHEREAS, the City Commission of the City of Boynton Beach, upon i I 16 tecommendation of staff, deems it to be in the best interests of the residents and citizens 17 f the City of Boynton Beach to approve the Agreement between the City of Boynton 18 each and Boynton Beach Community Redevelopment Agency; and I 19 WHEREAS, Boynton Beach Community Redevelopment Agency will provide I 20 e funding for the personnel and equipment needed for the additional police services to 21 e downtown and marina districts along with the Heart of Boynton area. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 corporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 ereby approve the Agreement between the City of Boynton Beach and the Boynton 28 each Community Redevelopment Agency, a copy of said Agreement is attached hereto 29 Exhibit "A". 30 __~.o_,,"_,,___·_~_______ ... ~ 9( -~'-"--'-' ,-,"-,~._........-,------".- -< ~-_.~.----...~--- ~-.'~' ~ _' _~"___,",____,,,~~~____, _n__._ __t. .>.0.._-._.-",_ I 1 2 Section 3. That this Resolution shall become effective immediately upon 3 assage. 4 PASSED AND ADOPTED this _ day of August, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 TTEST: 23 24 25 ity Clerk 26 27 28 Corporate Seal) 29 30 31 CAlreso/agreements/ CRA Police Service Agreement AGREEMENT FOR THE PROVISION OF SUPPLEl\-IENT AL POLICE SERVICES Heart of Boynton District and Central Business District THIS AGREEMENT, made and entered into this _ day of , 2004, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for the provision of specific police services associated with the special conditions within the Heart of Boynton District and the Central Business District, both areas being located within the City's Community Redevelopment Area; WHEREAS, the CRA desires to contract with the City for additional policeilaw enforcement services within the areas of the City known as the Heart of Boynton District and the Central Business District for the safety and protection of the residents of and visitors to these areas of the City of Boynton Beach; and WHEREAS, the City, by and through its Police Department, desires to assist in the effort by providing supplemental police services within the Heart of Boynton and Central Business Districts in the Community Redevelopment Area. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the City agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.0 Services provided by the City. 2.1 The City agrees to provide supplemental police services within the areas of the City of Boynton Beach known as the Heart of Boynton District and the Central Business District ("Districts"), said areas being more particularly depicted in Composite Exhibit "A" attached hereto and incorporated herein. 2.2 The City agrees the services to be provided by assigned personnel (police and civilian) under the C<?ntract are supplemental and in addition to baseline police services. The City agrees that it will not reduce its current level of police services within the Heart of Boynt0!1 and Central Business Districts, particularly in the areas of community policing, patrol, criminal investigations, records dispatch, and special operations. The manner and method of perfonnance of services is specified in this Agreement and in the Index Codes and Plan of Operations specifically referred to in Section 6.0 ofthis Agreement. 2.3 The duties and extent of services of the assigned personnel shan include, but shan not be limited to: Page 1 H:\ I 990\9001 82.BB\AGMT\Police Supplemental Services to CRA.doc Rev. 07-08-04 . ~-----~_........... ~~H_~__ -. -~-.~.,<,-~.---~-~- .---' -~- ~"~~~...---~---.-~ ,...~-~-.- <-'-'-~"""4'~--- -, -..,..._-.....-~ ,- (a) The City, by and through its police department, wiJ] provide a minimum of four (4) sworn officers, as assigned by City, with two (2) marked squad cars and four (4) patrol bikes to perform specialized patrols to enforce all state and local laws with the Districts. (b) Sworn Officers shaU at all times remain part of, subject to and in direct relationship with the police department's chain of connnand and under police department rules, regulations, and standard operating procedures. (c) All officers and equipment will be outfitted with distinguishable uniforms and the logo of the CRA to visuaUy identifY the enforcement teams as CRA Special Units. Uniforms, logos and other identifYing materials, equipment, or features shaH be subject to the final approval of the Chief of Police of City. (d) While the CRA Special Units are within the CRA boundaries performing under the terms of this Agreement, said units shan be separate from general rotation and non-emergency calls in other parts of the City. (f) The City agrees to eoUect and provide workload data in the Districts. (g) It is further agreed that, to the extent necessary, the assigned personnel will appear as witness in civil dispositions, or other civí1 or court proceedings where the issue includes criminal or quasi-criminal conduct within the Districts. (h) Without limiting any of the foregoing, the City agrees that, with respect to services to be performed by any police personnel in accordance with this Agreement, the appropriate City police department supervisor will meet with CRA leadership and management representatives on a routine basis to review enforcement and prevention efforts. (i) The City acknowledges that a Book of Index Codes ("Maimal") exists to regulate police officers'conduct and activities; all police officers have been provided a copy of the Manual; the department has a signed receipt ftom each officer that he/she has received and understands the contents of the Manual; and personnel have been trained on the regulations and orders within the Manual. (j) The City agrees it will provide the assigned personnel with such basic equipment, at CRA's cost and expense, as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Agreement. Any bicycles or other equipment requested by the CRA, if approved by the Chief of Police of City, or determined to be necessary by the Chief of Police of City shall be furnished at the expense of the CRA, as reflected in and in accordance with section 3.1 (c) of this Agreement. Page 2 H:\1990\900182.BB\AGMT\Police Supplemental Services to CRA.doc Rev _ 01-0&·04 (k) The City police department shaH designate a command officer as the Administration Liaison Officer, who will work in concert with the CRA Executive Director or designate. The Administrative Liaison Officer wiH perform the foHowing duties: (I) Coordinate the dissemination and processing of police and security reports, provide supervisory assistance, coordinate problem resolution and in carrying out the provisions ofthis Agreement. (2) Establish and maintain an ongoing line of communication with City police personnel. (3) Prepare monthly reports in accordance with section 5.2 of this Agreement for review by the CRA Executive Director, City Police Chief, appropriate police department staff, community representatives, and political leadership, e.g. mayor, city commission members, members of the CRA Board. (4) Initiate and monitor an ongoing line of communication with resident leaders to effectively employ the community policing concept and to address concerns raised by community leaders in a timely manner. (5) Assist or advise the planning and implementation of other grant-funded security programs within the CRA. (6) Establish a clearly defined process for reporting non-emergency criminal activities. 2.4 The City wiU, at all times, provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood the police department shaH be responsible for the compensation of the officers and all employee benefits, as weIl as any injury to officer, their property, or the City's property while on the CRA's property and acting within the course and scope of their employment. 3.0 Services provided by the CRA. 3.1 The CRA wiIl provide the foIlowing in-kind accommodations, services, and equipment: (a) Accommodations. When suitable space becomes available or the structure housing CRA offices is built, CRA· shan provide a sateIlite office to be used by the City officers assigned to the CRA. (b) Services. Utilities, routine and extraordinary maintenance by CRA personnel. Page 3 H:\1990\900182.BB\AGMT\Police Supplemental Services to CRA.doc Rev. 07 -08-D4 ,--~~....--~-- ~~.._---~,,---~-. ,~_ ___>--_~T___~_ -- -~~- .-.-,..~-- ---="~--,-- ..-", .--j. ~-------=",,--.~ (c) Equipment. Equipment shan be mutualIy agreed upon equipment in connection with the performance of this Agreement, as reflected in the attached Exhibit "B" and supplemented from time to time upon the agreement of the Chief of Police of City and the CRA. An such Equipment, unless specifically provided herein, shalI be purchased by the CRA for and on behalf of the City. An Equipment set forth in Exhibit "B" and as provided for in this Agreement, other than the bicycles and patrol vehicles, shaH be purchased by and be owned by the City, and the City shaH be reimbursed for the cost of such Equipment. The CRA shaH purchase the bicycles and patrol vehicles using technical specifications provided by City, and agrees to the lease the bicycles and patrol vehicles to the City for the annual sum of $1.00 per year, to be paid at the beginning of each lease term. Equipment shall be operated and maintained by the City, at the cost and expense of the CRA, in accordance with Police Department procedures and policies. (d) ModificationlDamage. The CRA win make reasonable modifications to the Equipment provided in order to meet the City's operational needs. Any damages to the unit or equipment which are in excess of normal wear for the particular item or Equipment, and which damage is caused by the City or its employees shan be repaired or replaced by the City. (e) Equipment Budget. Starting in July 2004, on an annual basis in July, the parties, through the Chief of Police or his designee and the CRA Executive Director, agree to discuss a proposed Equipment budget for the upcoming budget year. This Equipment budget shan include new Equipment, replacement Equipment, maintenance costs for Equipment, and operation costs for Equipment (including gasoline). The projected Equipment costs, including maintenance and operation may be reflected in a mutually agreed upon extension to this Agreement. The parties acknowledge and understand that throughout the term of this Agreement and any extension thereof, Equipment may be in need of replacement. In addition to the projected Equipment costs for the Equipment set forth in Exhibit "B", subject to the prior approval of the CRA Executive Director, City may purchase up to $20,000 in necessary new or replacement Equipment. 3.2 The CITY shall provide a semi-annual assessment of the results achieved as measured against the performance objectives specified in the Plan of Operations as provided in the Index Codes referenced in Section 6.0 of this Agreement. 4.0 Enforcement of Rules and Regulations. The authorization of the City's police officers to enforce the laws of the United States, the State of Florida, Palm Beach County, and the City of Boynton Beach are unaffected by the terms of this Agreement. Nothing contained herein shan be construed as permitting or authorizing City police officers to use any method or to act in any manner in violation oflaw or of their sworn obligation as police officers. 5.0 Communications, Reporting and Evaluation. Page 4 H:\1990\900182.BB\AGMT\Police Supplemental Services to CRA.doc Rev. 07-08-04 5.1 Communications. The City agrees that the CRA wiIl have access to all public infonnatÍon not exempt from disclosure under Chapter 119, Florida Statutes, which in any way deals with criminal activity in any of the CRA's communities covered by this Agreement. It is further agreed that, upon request and at the statutory rate, the City police department win provide to the CRA copies of such incident reports, arrest reports, or other pubJic documents which document or substantiate actual or potentia] crimina] activity in or connected with the Districts. 5.2 Reporting. The City poJice department win require an assigned police officers complete a monthly log at the conclusion of each shift and forward the original report to the CRA with the monthly report to the CRA's designee. This report wiII include, but not be limited to, the fo]]owing data: (a) Hours worked (b) Ca]]s/requests for service (c) Referrals to City/CRA/other agencies (d) Suspicious persons/name/description/vehicle 1icense number (e) Vehicles abandoned/towed/stolen (f) Drug paraphernalia confiscated/found (g) Arrests/citations (h) Property stolen/recovered (i) Assistance to residents and visitors (j) Broken lights/sidewalks/Graffiti (k) Conflict resolution of apparent or actual conflict between two or more persons (1) Weapons violations/seized The City police department wiII be responsible for media coordination. The City police department win relay to the CRA Executive Director or designate, infonnation related to any major crime or incident that occurs within the Districts, preferable before the media is infonned, or as soon as possible. 5.3 Evaluation. The City and CRA agree that evaluations shall include: (a) hours worked as reported on monthly report (b) response time to emergency and non-emergency calIs targeted to communities by City-paid officers (c) comparison of crime and workload in the targeted communities for the past years (d) arrests including drug violations (e) vehicles towed (f) positive contacts (g) referrals (h) trespassers removed (i) cans for service (j) weapons seized (k) property stolen/recovered (1) community feedback. Page 5 H:\1990\900182.BB\AGMT\PoJice Supplemental Services to CRA.doc Rev. 07-08-04 - '" _..,-,-- ~o~___·_~~__ .__,~,_~__ ,- -. ;~"'__h_<~___<_~~__'"' .____~...,..=......_"";_O<____.. --·-õ;-. "-- It is further agreed, to facilitate the evaluation, the City wiH provide comparable crime infonnation for the City as a whole to facilitate the evaluation to incJude what proportion of activities City-wide occur on or near CRA property. 6.0 Plan of Operation. The Plan of Operation for supplemental police services within the District shaH be as set forth in the Index Codes for the City Police Department which are incorporated herein and in the document entitled, "Plan of Operations for CRA Special District Officers", is attached hereto and incorporated herein as Exhibit "C". If, during the tenn of the Agreement, either party desires to amend the scope of the Plan of Operation, either party may request, for consideration by the other party, an amendment in writing. 7.0 Term of Contract. The tenn of this Contract shaH begin on July _,2004, and end September 30, 2004, subject to annual renewal upon the mutual agreement of the parties. The parties understand that on an annual basis the contract amount under this Agreement may vary based on the negotiation and agreement of the costs to the City to provide services under this Agreement and the costs of new and replacement Equipment. 8.0 Compensation to the City. For services provided, CRA shaH compensate the City as follows: 8.1 CRA shaH pay City on a monthly basis for services provided at the rate equal to the costs to the City for four (4) officers plus an additional ten (10%) percent for administrative costs. Any overtime costs shaH also be billed a the rate cost plus ten (10%) percent. Costs as referenced in this section include aH wages, salary, overtime, FICA, Life Insurance, Disability Insurance, Health Insurance, Dental Insurance, Pension, Workers Compensation, and any other benefit paid or provided by City. For the balance ofthe 2003/2004 Fiscal Year (October 1, 2003-September 30,2004), the CRA shaH pay the City an amount not- to-exceed $65,000.00. For the 2004/2005 Fiscal Year, (October 1, 2004-September 30,2005), if this Agreement is renewed by the CRA and City, the CRA shan pay the City an amount not-to- exceed $325,000.00. The not-to-exceed amounts shan be negotiated between the parties for any renewal of extension of this Agreement. Not-to-exceedamounts, as referred to in this Agreement, do not include overtime costs arising out of special events and activities within the Community Redevelopment Areas, and such costs for services requested by the CRA shall be reimbursed to the City by the CRA. 8.2 On a monthly basis throughout the tenn of this Agreement, City shan provide CRA with an invoice displaying the City's cost to provide officer services as referenced in Section 8.1 and any Equipment reimbursement costs incurred by the City in accordance with this Agreement. CRA shaH pay each invoice and any balance due City within fifteen (15) days of receipt thereof 8.3 Upon request of the CRA, the City shaH provide copies of certified payron time reports documenting name, employee identification, hours worked under this Agreement, supervisory approval and verification of necessity for any overtime worked for the officers assigned to this detail. Page 6 H:\1990\900182.BB\AGMT\Police Supplemental Services to CRA.doc Rev. 07-08-04 9.0 Termination. 9.1 The CRA may tenninate this Agreement upon ninety (90) days written notice to the City. Such notice shaH be delivered by Certified Mail, Return Receipt Requested, to the address specified in section 10.0 9.2 The City may tenninate this Agreement upon ninety (90) days written notice to the CRA. Such notice shaH be delivered Certified Mail, Return Receipt Requested to the address specified in section 10.0. 10.0 Notices. Any notices required pursuant to the tenns of this Agreement shaH be sent by Certified Mail, Return Receipt Requested, to the principal place of business of each of the parties hereto, as specified beIow: CRA: CRA Executive Director Boynton Beach Community Redevelopment Agency 639 East Ocean A venue, Suite 207 Boynton Beach, Florida 33435 CITY: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 And to: Police Chief City of Boynton Beach Police Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 11.0 Construction of Laws. The Agreement shan consist this Agreement and any subsequent written addenda agreed upon by both parties. 12.0 Severability. If any provision of this Agreement or application thereof to any person or situation shaH to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shaH have been held invalid or unenforceable shall not be affected thereby, and shall continue in fun force and effect, and be enforced to the ful1est extent pennitted by law. 13.0 Modification of Agr~ement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has fun legal power to execute this Agreement on Page 7 H:\1990\900182.BB\AGMT\Políce Supplemental Services to CRA.doc Rev. 07 -O8..()4 ~<_'''""",,O" _~'-_____o__^~'~_~._,_ ___ ___._.~__________>-,,-__.__>__ ___"",,__,_-,..~.__~__~__o_ ,,----- -~- .--~--- behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to an provisions contained in this Agreement. 15.0 Governing Law. This Agreement shaH be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. IN \VITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. 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'<t ° --Q)V)o~. 0 wwa...::>(/)c>:2 co W Q.~ ~ E _OD.D m L. .......Ü........ 0 a. a.- t:: t:: N II) a> X .~ 0 0 <{ E: L-. wtr to) ~ >- Q) IX ~ >-~ >. eu .E ï:: 1: u U - co ...JQ) {ij (ij ::;, (ij - .s Q) ~5 ca :a> t- t:: ...... Q) ...... '"tJ ...... ::;, o >- c{ 0 .2 >. 0 Q) .2 c> z -.. .... "'0 W W :J >- co ~ ~ Q) a. w .2 ::> J: Õ 0 t- a. w- 0 ...J c{ t- O t- .......,~;y.:>i>,>::,.:.:j~ ;:::Ù~¥~""-~&¥- . ............................ _ __...._, . ~ r '<r .----=-'---- ---_.." .~.-~> .---- - Plan of Operations for CRA Special District Officer Exhibit C fhe Special District Officer will fuJfi]] duties consistent with that of a crime prevention officer. high profiJe community poJicing officer. directed patroJ officer and the traditionaJ neighborhood patrolofficer. The SpeciaJ District Officer may waJk a beat. ride a bike or operate a marked vehicJe; however. they are charged with forming a partnership with our community therefore. extensive biking and foot patroJ are highly recommended. Frequent and direct interaction with chi1dren. aduJts. business owners. community Jeaders. etc. is a necessity. Officers are responsibJe for deveJopingstrategic pJans to fuJfiH their objectives and fo]]ow through. using a significant amount of operationaJ latitude. ProbJem soJvingfor a]] issues. not just "poJice reJated" issues is a requirement. Hours of operation wiH be 11.5 hours a day with flexibJest~ and end times based on community's input for need. crime statistics. and officer evaJuation of the situationaJcircumsttmces. Officers wi]] wear the designated CRA uniforms. utilize the CRA funded equipment. and operate within the set CRA boundaries as set forth in the contract. Officers wiH compJy with the CRA reporting procedures and forward the information to their supervisor who wiJ) then forward the information through the chain of command. to the Chief of PoJice. and then to the CRA. EYH¡ß\T (lL l VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date final form Must be Turned Requested City Commission Date final form Must be Turned Meeting Dates in to City Clerk's Office Meeting. Dates in to City Clerk's Office ~ August3.2004 (Noon.)July 19,2004 o October 5, 2004 (Noon) September 20. 2004 o October] 9,2004 '> o August] 7, 2004 (Noon) August 2, 2004 (Noon) October 4.2004(2 c-;; -f .o!_ ~-< o September 7, 2004 o November 3, 2004 <- -<0 (Noon) August 16, 2004 (Noon) October] 8, 20~ ê)"Tt - 'rn o September 21. 2004 (Noon) September 7, 2004 o November 16.2004 (Noon) November 1, 20g¡¡- r~C) ;i:¿ " (J) -f 3: 0 0 <:) Z 0 Administrative Development Plans G.) ::;:ro ø 0 w -FT! NATURE OF Consent Agenda New Business c.n (» FT!n AGENDA ITEM 0 Public Hearing 0 Legal ~ ..... 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Barbara Edelman as Customer, for a 6.95-acre tract of land located at the southwest corner of Coconut Lane and Barwick Road. EXPLANATION: The parcels covered by this agreement currently contain one single-family home, but are proposed to contain a total of 18 single- family homes. PROGRAM IMP ACT: At the City's adopted level ofservice, the proposed homes are expected to require 7,740 gallons per day of potable water capacity, and 3,483 gallons per day of wastewater capacity. A water main exists in the adjacent Coconut Lane and Barwick Road rights-of-way. Gravity sewer may be extended, at developer expense from the west, subject to engineering analysis. FISCAL IMP ACT: None ALTERNATIVES: None This parcel is within the Utilities service ar~ O)j '/4. 0- J' City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/copy of attachments) File Peter Mazzella " Michael Rumpf, Planning & Zoning (w/copy of attachments and site plan) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 8 BEACH AND BARBARA EDELMAN; AND PROVIDING i ! 9 AN EFFECTIVE DATE. ! 10 11 WHEREAS, the subject property is a 6.95 acre parcel located outside of the City 12 . mits, but within our water and sewer service area, located at the southwest comer of 13 oconut Lane and Barwick Road; and 14 WHEREAS, the parcels covered by this agreement currently contain one single- 15 amily home, but are proposed to contain a total of 18 single-family homes; and 16 WHEREAS, at the City's adopted level of service, the proposed homes are expected 17 require 7,740 gallons per day of potable water capacity, and 3,483 gallons per day of 18 astewater capacity; and 19 WHEREAS, currently a water main exists in the adjacent Coconut Lane and Barwick 20 oad rights-of-way and gravity sewer may be extended, at developer expense from the west, 21 ubject to engineering analysis. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section l. The foregoing "Whereas" clauses are hereby ratified and confinned as 25 eing true and correct and are hereby made a specific part of this Resolution upon adoption 26 ereof. 27 Section 2. The City Manager is hereby authorized and directed to execute a Water 28 ervice Agreement between the City of Boynton Beach, Florida Barbara Edelman, which 29 greement is attached hereto as Exhibit "A". :\CA\RESO\Agreements\Water Service\Edelman Water Service Agr.doc ___ .__~o~~~~~_~_.o.-_~....;-_ ....-.......~...""_.............._-...----~-- --'.-- n <_.....~_ ._" _______.~_~_<_k____·__,_O>-_.._ ..,_._~--=-~_."~-~_. '-"p - r 1 Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this _ day of August, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 ity Clerk 24 25 :\CA\RESO\Agreements\Water Service\Edelrnan Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherat, 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 "3".ø-r. day of ~u.tf , 20~, by and between Barbara Edelman hereinafter called the "Cus omer", 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 herrs, 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 It 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 .- ;ç. ,- ___""__-"_o__~' . -~,-.,,"-""--',,"'~_.'.~------'-- ~-......._--~.........~.~-, ______~.~__.___~ ._. __-·v_,_.__._ ---,._._-......-...~- 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. I n 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 faciiities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. ti'..L' u r, LUt.J£. .L J.....L. .JV.1.....'u~V.LL. , . .-- - - 10. tt 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, tire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. II. 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 (80th 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. -1- WITNE~:EOF. the parties he~to have set their hands and seals this day of , 200_ z:I::..L(S) AS OWNER(S): fM , Barbara Edelman 01\...-. FOR INDIVIDUAL(S) NOTARIZATION: STAlE OF FLORIDA ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an 0 . r duly authorized in the State aforesaid and in the County afores . ake acknow e ents, personally appeared Barbara Edelman to m nown to be the person( described in and who executed the foregoing instrumen eâged before me that he/she executed the same; that the indiVid~erSOna"y known to me or provided the following proof of identification: ~ESS my and and official seal in t~ County and State last aforesaid this day of , 200_ (Notary Seal) Notary Public ,,\n.1l/ h ~ ~~.o\A/ ,:o,,~~y ¡z~~ S eree Katzman t~~~~co~sion # DD251J887 ~;;\ /~ Expires &p. ]7,2007 "";:iiijf\.~~,,~ BO/lded. Thru ""'111'\' Atlantic BOnding Co.. Inc. --_._-_.-,~. -----~,--,,---~----~-....--- -~'-<>'<-....-,~ -..--<-_.-~--~ . -_,_·~·_o__--.~..,..,..~ _.< ___'~'"____ ---_.-~ --~ WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk ~ STATE OF FLORIDA ) 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/lms 900182 12/12/95.rev WATERSRV.l THIS INSTRUMENT PREPARED BY: James A. Cherot, 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 7~ ~ I/We, Barbara Edelman, 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 3M day of lilA.' tAt I- , 20tJ ~ and the powers and authority shall be irrevocable by Grantee. .... ..........-.-, ¿- >--~----..-._--~_.....-- - ....-"-><--._~...~._-,~---'-'--"".-..~....->~~. _->'.$.-....__..__"._-"-_ - ._____,__".< u"._' _~~ -- - ~- - -,<- ........,... ---- .->-"-- ....,..... ....,. -............ ........ -,..... ..........~.....,........,.LL.. f Hvr_ ,,"- IN WITNESS WHEREOF, we have hereunto set our hands and seals the 1- day of ~ in the year two thousand and ~. Sealed and d I vered in the presence of ~ fJdJ ~n~ Barbara Edelman widss . J , . STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) day ,,\\\\1111, Sh .:-"~tJ'IY Pú';",:- eree Katzman = ~f;¡;~:Commission # DD2S0887 ~5~ j~: Expires Sep ':-~~ .>:.':: . 17, 2007 "'; OFt\.\)~,'" Bonded Ibru " "" \ \ \ Atlantic Banding eo.. Inc. My Commission Expires: POA.I NO . . '. ',' . COCONUT LANE ........ ~ C1> 0 a> œ: 0 (/) « ......- 0 ..J a::: <t ~ a::: u I- ~ >- a::: <t a::: m 0 « I- ..J ~ RIDGEWOOD ROAD L. W .0.0. LATERAL CANAL NO. 30 LO·CA TION MAP . . NOT TO SCALE -, -~- . _<_"'"-~""""'''''-_<' c_____._ _o___~""___'_f' y--~-'-'-''''--- -.-- - --,---- ~....-- --,~,-~.,-~:_<.- _ _ ,<.-o-~______ . -- ----- -- ~-- - ----- --~-~-----'--_. ------.-- .---~.._-----""'""--'-_.__.- --- - ~- -- ----- - LEGAL DESCRIPTION PARCEL I THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION I. TOWNSHIP 45 SOUTH. RANGE 42 EAST. $AID LAND SITUATE. LYING AND BEING IN PALM BEACH COUNTY. FLORIDA. PARCEL 2 THE NORTH 3/5 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION I. TOWNSHIP 45 SOUTH. RANGE 42 EAST. LESS THE RIGHT-OF-WAY OF COUNTY ROAD. AND LESS THE NORTH 25.00 FEET RESERVED FOR ROAD RIGHT-ÖF-WAY OF COCONUT LANE. AND LESS A PORTION OF THE SUBJECT. PROPERTY IN THE SOUTHEAST CORNER 200.0Ó FEET SQUARE. SAID LAND SITU A TE. LYING AND BEING IN PALM BEACH COUNTY. FLORIDA. CONT AINING 6.95 ACRES. MORE OR LESS. . txh,b,-f ìr ~ent By: ~ICHELE J HODKIN, PA; 5617~?9441; Jul-7-04 2:02PM; Page 2/4 r .. ........ ... .'... . . . ¡". . '-. ":." ..: .....: .:. -'.:':' .' .~:' . . '. ,"' -' ¡ . . FüWtfOvVNË.:R'S FORM . . . . L ,. . . . . ¡ . SchedÏfle A ~ . . . ... .. ..... ~oncy. No;;.· . ........ .E~þtivå.Date: A~lèht'sFile R.efêrè~çe: OPM-2536104 . . . ·June.9;2004åt 2:33 P.M. 04~94805. ;. ", ~ . t . ..··Am·Óuntdlóáuràðce: $ 2.525,000.00 . f. t Name of l~;";d:ElAí'ÜíÀAAE~ElkN. a married WOman r. ...... ... ... -. ... . . .. ï. The estätØ\::·Oih1iëfø$fif\..:lhS·land;·.'Òe$cribed herein. and· which· ;s·cóvered:by:thi8~ ¡ ponCY.ls:à;f.éErsbnpté.·(Jf:·:~t;:·~peCifY same) and. is äfth~·.·effeCUvti'·d·a1e::hêreof ~. vestØdi" Jb.Q·.·:·named::.i¡,:~tïrê(fäs·:sh~ by lostturneht: recOtdØ.dln' QffiCiàt· Reëøtdg· ,t äook 11~,: :Pägø:·47:1:;:·óf.1heP\Jblic· ~ecórds Of- ·Pattn· ':B~ch' cóüntY ~. r=Iórida::: . .. ~. The1änïi~~toíri~poIi~~ døsçrlbed as folloWS: » .".".. ...... ... .: . : .:." '... ,"." ...? ":. ..' ..' .. '. ~: PARCEL: tf Thê·.Wêšf:Q.ij~häJf fW.%}of the. NortheastonEK¡Üartei' (NS··.114);pHh$ [. Southe~pÅ8"tWtJrt~~1$E::1/4¥~·.th~ -Southwest one.<¡µåjtêt:(SW 1J4)'óf Sèclroõ . ¡. 1.. Township 46· Soiith~:Jt8ôgë.42~Ea$t,palm Beach COlJlït:y; F~orida. ~ . . . .. ",.. .' . .., . . . . .: : : . . . . . . ." .~ ~. . . .:~. ..... :. '., .. ." .: .... . .:.~' ....: . . + ......... .~. ::: ': . ,". ," .. "," . .. . . ... .' r SUBJEct~:tO.hé.;~jgftf.:Of~Way.: tbr,:CþConut Lane'as curré"tiY1àid· oufåricfrlowln ¡.- use.· : . . .' ..... :: ¡ .' .. .. .:::.':'.:".:' ".<:>.:::.;..::':: .'. ...... ...<.. . ... .... .... . ... . . . ..... . :.:.. .:.. .... ~. PARC·EL .ø:.:.:;;' ·Tne:.::.t4Qrth:..t1ïre&'f~fths·;!(N... 3/5) . of·. fhErf;~$.torte·Ni¡tJe·.·~}: of'..thë ¡.: Nofthéäsi.·;:9ne~~~~t.::.tNË:::1/4V"of Jhe Souiheli1störie~uarter·:(Se-·:114l"~:·th' f. ....... . ," .." ... ... . -. ... . . .. . ¡. Southwe.St:o~~ii~f($v.v: ·114l:þtS~tion·1 ; TQwn~h¡p.:4ß·SQutt1:)·.Rangë.~2·.·S~... I ........ .'. ..... . .' . ........ '. . ..' . ....., '. .. t .Pälrr" 8eatl)·.Courity.~·:Ftörid814;:E$S·th.è dght~way .of Coijnty':RQad'~~'lESs:th~ ¡: Norttr25~ÓÒ"føe;·t~:f.o"~oå4ri9Qt-of.way·of Coconut:Lane··and.lE$S:a:þQttiQì.t t of·the..su~.pr~pertY.:~n.::tÏïê':SO:Jø.n!~t:comer 200 feet-$Ciuare. Said'lands··sifUate., r Jying and·~ii1g iri'Pèlmlikmèh:CbOnw, Florida. . - r . .:. .' .:.. ~ -. . ). . '. . 1. I ' . .. ~ ;. . . ." ;" r . .- .:;.~..::. . .",. '.' ." ..... i· :. :~: .:.' :.. ,"' ..:....:..:..:......:....": .... ..... :... . . . . ~'. tSSUÊD·B:y.::·:·~..···:···· ":. .. ..... ...../0-... .' f .' / ¡:.,,~:2;~ ...~ . '. ..'. .'. .'. ...'.<: ¡. ...CH~LE.J~."'Ouru:. .~JA.... .~. .: ....... . .' . r' .. . NAMEJQFAGENr:':'< :.. . '. ::'2057.1 ... ..: ¡. . .......... . AéÆNníIUM~R ,.. .:" .... . . :.~ r ·2295·êotooräte:ij.~dL.··N~~:~~fté;~·1\7.. t .·~ieoca· Raton~ :FL··.·..· :::..:.. .... ~3431····· ..' f: (MaIHng~).(:.... ..::..::'.. (CIty)(ZfP). t: FUND Fonn oPM . sc¡:.b·..·ll\~~:~:n·..·· . . . ~ . _."_".".._..___ _ ____.~"~,_____~,-.-.._,...~__~__~~_._ __< _.,< ._~____ _ ,,__~___ ._.... ~-~r-_......~k.~-~ O' . .-~.'._--- -I< ~- ~-------.~--.- =- ~ent By: MICHELE J HODKIN, PA; 5617509441; Jul-7-04 2:02PM' Pa e 3/4 , ¡ 'm ." " . '''..' g, I .. . FuND OWNÈR'SFORM . ' , ! .. SChìí¡fule B ~ .' . .. .. . .. ." ~ . -... . . '. . " . policy No~: öPM~2536104" ~ ,"... ~iS pOlicy doesriÓt'in~rø··ägå¡ri$tlösst)rd~rnage.bY reason of:the:;f()ìI~ng' ~~pti.ons: [.>:': . ':"'.::'.. . '. ..: ) . .: ::'.'. .' .... ...: ;. ra)(esförtfi~·year2Ò04~:.ridšüb~qu.nt years, Which åre'not:'yetdi,JÐ:ån(f~bIe; w .' ,'. ." . ¡" .... ~. :: .~:.~. . .. .., .: . . . . , . '. ~. RighfsorCJß,rns·o·r¡.1årt'éà:¡·n:pOS$e$S1on not shown·by·th~fptlblic·recordS·;. . . \. ,'.... '. . c' ..'.. ..., '. . : . ',' ..:..:.: '. ,'..._,.......:....... ," .;. '," . . '-. .' . '.. ,'.. ", . p. tncrOach~nt$~j~)~tJãpS.·.··böun~~ny~ine disputes, ·~rid·any.:Qthør nïättéts·Which l wouldbe:~isëlOseërbY:'an· ðCCUràte· $utvey and inspection' of·the premises. .'. . ~- . . :: '. . ..' . ...... . ~. . . " .. . '. -' ~. Easemert$iÖr èI~otéàse~rits· n9tshown by the pUbilé':tèCòfds~ . . .' t .... '.' ;'. . . ,. '. . ....: .... .,.' . , ' ~. Anytiènf:~i:.rig~t.tóji.-iféï(fotsE¥VrcÊts, labor, ()f .m.atêJjør)1~retofore. or hereafter t fumished~:~~iri~se.d·.~Y:~~ .~.nòt' snown by the pubtiC ~dS. . . ..:.... :. t ., .' .' .. " ..... . . 0 ¡S. An'iadvetSé:::oWl)e~.~ip:¢la.m.bytheState of Florida t)ý: rignföf söver~gnt~n()"any ¡.þOrtion.· of þje· ·tsiJd..: inSµted·her:èµnø~.r; including . submerged,' fUled and. artffië~.IIY ¡~ expoSéd·l8.fids, ë¡in<i.Jäò.l1$"acèret~ t<i. such lands.' . :~ ~ . .:.'.;.: ..' . - . .' . . , 0 :::. ,.' . 17. Ripariä·n·antfUttoratrlgnts:·Btè netthériguaranteed nor Ins'Í.lrëd. r ,.'~.;.- ......:................:....... i· ....;, .. :.. .... . ....... :. ¡a. Ease~e~;tþ~ Ftórldå:·.pôwer &·.t'gþt Cþmpany. 'OV&f ·thð~Norttf1'OJe8t·of~:·SÙbjéct ¡: property ~·:ci)niätöed.·ÎtÌ:the:JnstíufnëritrÐcotded in'Offtëiàl-RéCord: Book 356a~:Pagé i: 1:351. .;'. .. .. . .' t. ." ·....x..:;·.::.··.·.....:·.:..·..··.....·.......··.·......;!:. .<~ . :- .,'.:..- ". '. ......:............:..:...:: ¡g. Mattërsc$·.$bØW~l.ø.":~.:~.µrv~Y :þr~red ·by·AttanUc Còäst.$~i'Ÿèy;ngJJ.téd:MaY r . 8.,. 2ð02 uJjder 1nv~#ftt18 'WJîjCh'$howsthe 'fence'eXtends 'beyondltie propertY r· iine.... ..(:.:-: .. ..:'. /~:'<::..::'::< : ·...:..-.....::.1 .A : . .:.:..". ......:::. ." ..:. ..::::..:....... .: L10. ·M0t!Qå9(dmm:S~.EDE:lMAN and DONALD' EóEL:MAN . hoSbantt8rid.·Wif8 ¡: ìn..fàvP~:Q(;RßCjj~º~jJ~!<. ·.dâ,ted June· 7;' 2004....~èd Jone:9~.··20041n ¡: Officlal·R~1~ôriKl7.09.6·;Pag"·473.·óf thePubHc Re·oordsòf.Patrn se~ch County. ~. . . Florida.. ìnithe ongi~åfprmclPá1"aìnoûnt of $2.000.000:00. . .... :: f~":"': ,::':":...:. :..... :··.i· :;, .' ...... ".. ....... ; !:'NOTe; '.' unle$&])ùi~~:::~ttÝ ~Ote9, all recording rèfer~nces 'are"to 'the: ÞObl(<: f:.Recordsof pal~:~adï COU~ty.. FIO~~" ::: :. '. ) ._ 0 t" . ..' .. ..:.:':. . '0' 0 ..0:, '.. : ~. . rNOTE:....Stålidéti:f:ExœpttöíïS'2~ '3·, .4..5 ønd.J> are hereby deléted~·· F .' :;..:, :.. :: 0.. ' ... .. ¡.:FUNDForinOPM~.sCH~Ø(ReY:.Qt91):~.·" '" . .: :.: !: '. ......... : . ~ . . . .. , . .. . r . 0' ..', . .. .::: ., ,0 . ~. . ::':. . 0 '. . .... '. 0 .: ,'. .' 0 .'0 ' ri·· . .. . . . ... . ~: . .. . .'. 0 .~.. .._. . ~ . , ._ .' .. . . >?nt By: MICHELE J HODKIN, PA; 5617509441; Jul-7-04 2:03PM; Page 4/4 ,. .. t ~ _ . . . '. .'. _.' '.. .. n". .. . _ .. . . .' . .' . . . . ~LORlDA ENii()RiEMENTF.QkM:9,2 (1 oli 7l98) (iŒSTR1CTlONSj EASËMENTS; MlNE1u.LSI ¡,' . . . . (OWNER ·spòiiCY.~ "IMPROVED LAND) .. .... . . '. . t . ... AttorneY$' TitIè.fIDS~ance Fund;lnc~' ¡ . .. . '.. OrltJi,dè1. Florida ¡. : .. . . ....... .." . . Endorsem~t No.1 to Owner ponq:No;: OPM~·2SJ6104. . r .. .':: ..,' . : .' ..' ."..". ". . . ~ . : .. .. . . ..' . .' Attomersp1de Insur~~ Fun~ JriI:: insures..di¢:~¡¡þinst· }~or tÎamagC sustained by reasœ ~l: L ~cxistcm:e.atDateQi·P9ïaq.. of-üÝ·~~:tøïIÖWmgtln~·e~Jy eXCepcedin&:hcdüte·n: :'. ~. , ._ .,' :. .. h '. '. . . . . . " . ..:' .: I .. . '. (~) P~tviof8iiöriš.òritbC·bod:many·· :~nrórceablcÚiVëDin.t.. ~tiör tricir" ..': . an' ;o;.;i..t:"·¡¡'¡;"';~orïthe land , '. . . .. . ." ... '.... ons ~ .~. or Y. ""'''_ ....".vn....w..ca ¡ wl)jçh violate 8~.iJUìJdm&·f!etback·. ShOwIio~1i pr¡t)i)f subdivision recorded or rtled iD thcrpúblic reeonts." . ;. . :........', .. ' ... ... .... ", '. ..... '". . . . . .~. ",: .... .., . - .: (~). Mý·ill5UUlneDt~tði~::~·.·~.·~()O\fonanl8, Co,JditiOBl Or~ ~thé1tmd~·~·áddition (i) ¡ establi~an ~lO'flh~.~;:(4'JPriWideSfòr·8f1qmonto puicbase~ 11 right orfim.1~fusarorthe priOr aPPiovaJ ota ru~ ¡ purthaser or04:C:~ or.(üiJ~·i·ri8btoC~,P.oS&ibility ofrevertcr orriJht·ÒffQrte.~beca* ofviol!L~ otjthe land I: OfanYenf~i~:wv~~~.~~str.¡¢~ns.·:; . ':. ". ... .... : to) Any erJÇroldu1iciltßlwstingiiDPro.V~!ocàtêd 00 tltc land onto adjoining 1aJ1d~or'byëooroachnientOnfÖ:ibe'j¡,¡d'otexisting t· improvementB ~ed on adj~.hind..: :~ . . .' . . . ..... cd) Any~atb~:of eiliiing:~~u lòca~ OD'~ land onto that ponioR~ftk I~ sub.J~n1i aby·~e~enf~cepted in ¡ Schedule: B.' . ~. ... , (c+ Any notkes of ~i~iâïíOn ófcOv~_·co.id.itìOns. ~ TcStðctions relating to enviJ"OtlJÜcntäl protediÖD recoided or :fiJ~ in ~e public ¡ record,. ,: . ¡. 2. ~age to existing bÌñldmiis: . .. t: :..' ' . ....:........ .' -=. :.: . .. . . '.. . '. (a) Wbicb are locar~~!x~ ~':tbat~ qfthci â.'ms subject to any' easemeni~inSc.hedUJ~B~whic4·Øama8erosuJts r from Ute exen:i!le;o(thç righno:i9aj$in tbe'e~ fot the p~' for wbjch.it W88:¡nUtted Of. mIéirted; .... .. . .: . .' t ....~._".~....: ..:...:...... ." .. ".'f' ':~ . .......:........:~ (b) Resu1rmg fiUm..~.;futu;e.~iïe:9f~.anY.. righr._tlitS1.r Dare of Policy to use:dfe'::hlface oCtM·laft~t"iöt ~·eXbKtioa or t dev~opmentorm~Jgex~~the·~riP.tionøf.thelandotexcepœdinScbeàule.B. . . .:.: t:· .' .~.<... ...........~....:. .... :~·:i . . ::, '. ..... .,.::.......:-.. .~: 3. ^+y final çoWi:otdCroil~~~.ttmoVaÙ.,om ~y)~ adjoÍJÜns tbolaDdofBD)' ~·odIèt·lhImf~·~ins or¡drivewàYs.excepted'ÎiI.~è·S>... ....... .:: .. . . . . .. -... , ~. .:.. .' '. .' ....... .:.... . .. . . . . . 4. AriY ßnal 1:01#1" «der or ji~·~·:~~ri&ht,~··~i_i1:~Y existing ·building OR ~ 1irid :beeauïØ':of py:&lâiìôn' òr ~enaot8. coþditioos or'~ ø(bùUdiriå'~ 1_ &Wii on·_ piat Of sUbdiVision iêçofded or'fi1èd iB die publie: m:ords.. .: :. . . .::. ... '., . .-.:: '.. '~"'... .. . ~ ... ':., :.: . .' '.:- '. : '. .... . . '. . . . WÞerindiis·~~~wOtdÎ~iio~~CöAcr_or.~"· .th _llnOrbe"d~t~~ïb·orøi\ide.tenns. ctenants,~íti~oil~·~~:.'.~:åtd~t'+'al9S~ ey :. .. ....... .' ::":" . .;'. A~:üscd in ~ Ifa)~ ~;:~:~~~Ýëôi8ts.·COitditions·.~ restrictions" sbaU not be detméê to refer to or inclUdC~ 'cov.maans. eopmùODS or rcstricrions n:~cmg to Ciw~·~ion;. . '. . .... ~. .. .....,.: '.' .......... .' " . ., ." . . ... .. .. n'¡$ 61~ i, mtIÛ04IpIHt óit~:·~wy ~.~:~\ilijeëiÚo~:ot~:~;anð prOvi.ions.·thcrcofaDði)-r.~pôOr:~sc;~~"~ to ,h~ extent exþrcssly atated, it neither:~~'m)!:or~it#ms"ind'pròv!!iona:~ftbe policy and any prior ·eÐdòrøemems. nordoes.:jf·~ Jbc.Çffeœive tale &)f 1I1e": pþ1icy BfI\hny prior ~ta; ñ~r"èJ~)~š:itïncr~ me t:ace u,ounnhereof. . . .' H' '. 1 '. . '" , 1: ., ~CHEL~.J.:.øö¡)~,·:p~~<. .... . :¡ JuJy 7, ·2904 . 2OS7i".:.-:.;·....:-. L Name of Agent ": : '. Date ASeøt No. :.:' 1···...:.·.···.. ['? ... Atto"'t~~~=.::üA;tlÌc'; (' Aaents s18na&Ute.:.:.. - ...:...... . . PresitÏffrI, Micticle J. Hodkiri~ AttoióOy·atLaw.:.·.·;·.:.:· '. ¡. : :.:;. ..:.... . . c. .. '1oridø E~menl F~ 9;2lIÖli7:i98}~;;s;' ~ts. MineiøIiJ (FF9.2) . . "Elf. }l2/101) Owner', PØlkv_' lmDÞYived.úJIldJ .:.". '."'.. : :.' -- '._"""""~---'"' , -"-' ---,--~---- ". -~--- . '-___0_. ,_,~",""_"",,,,~~ ",,_ ___ DVs}~~ 11'101 """""" "'" -. "'.. 100 DrÞ [1ŒuuŒW @C5 Lf~~~Duu&[1 SOUTH WEST PALM BEACH, FL 33409 (561) 478-8501 JOB NO. Cf4 7. 3/4 &;(~1I;;;~~ ATTENTIO elt tL- -¡Ã¿, /!xL WE ARE SENDING YOU o Attached X Under separate cover via the following items: > o Shop drawings o Prints o Plans o Specifications o Copy of letter o Change order 0 COPIES DATE NO. THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resubmit copies for approval o For your use o Approved as noted o Submit copies for distribution o As requested o Returned for corrections o Return corrected prints . o For review and comment 0 ~ JUL 1 2 200't _s COPY TO . «enclosures are not as noted, kindly noti VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested CilY Commission Dale Finm Form Must be Turned Meetin~ Dales in to City Clerk's Office Meeline: Dates in to Citv Clerk's Office [8J August 3. 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon)~ber4.2004 o September 7, 2004 (Noon) August 16,2004 o I'\ovember 3. 2004 (l'\oon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o I'\ovember 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 181 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 0 Unfinished Business (") Bids (")~ 0 0 --< D Announcement Presentation ..t:- -4 c.- "'<'0 0 City Manager's Report c;: :J-t'\ \" ,-- 0) rv ;-q c:> (..;) :'0...<. RECOMMENDA nON: Approve resolution establishing rates for The Links at Boynton Beach for Fiscal Year ~-=.::;z: _;..-t '04/'05 as proposed in the FY '04/'05 budget. .;¿ '..." 0 ~~ - -<10) rv EXPLANATION: The winter and shoulder month rates have been adjusted to meet budgetary goals. ., -:::;["0 C) c->~ - "1î("") PROGRAM IMPACT: N/A ::x: FISCAL IMPACT: N/A ALTERNATIVES, N/A L. e - ',.¡ t2./ City Manager's Signature Department Name City Attorney I Finance I Human Resources S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM.DOC '[ . d 001.1-996 ['[9S) 4:)l!iiJa uo~uF;oa ~I! s,>\uJ"l 1!90:,[,[ toO E~ In[" RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING RATES FOR THE LINKS AT BOYNTON BEACH FOR FISCAL YEAR 04-05; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach, Florida deems it appropriate to establish rates for The Links a t Boynton Beach for Fiscal Year 2004-05, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission does hereby approve the rates for The Links at Boynton Beach for fiscal year 2004-05, as set forth on the attached Exhibit "A" . Section 2. This Resolution shan take effect immediately upon passage. PASSED AND ADOPTED this _ day of August, 2004. CITY OF BOYNTON BEACH, , FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk :\CA\RESO\Golf Course Fees - 04-05.doc .--<-_~__.i____""'.-- ---_ --~_...~- -~-..~_....__...---_.- ~. ~ __~,~"""_.__._>_,.u_,....._ ~~~> .__._, - -._~__c""",___,___,___, >~.....~.>__ _ + ' ---- FY 04/05 SUMMER RATES FOR THE LINKS AT BOYNTON BEACH May 1 - October 31 All Prices Listed INCLUDE Sales Tax Prices are Per Person 9 HOLES 18 HOLES Championship Course w/tax wlo tax w/tax wlo tax Cart Fee $6.00 $5.66 $11.00 $10.38 Daily Greens Fee $8. 00 $7.55 $14.00 $13.21 Links Club Card Green Fee $6.00 $5.66 $10.00 $9.43 APH Surcharge $1.00 $0.94 $2.00 $1.89 Family Course Cart Fee $5.00 $4.72 $9.00 $8.49 Daily Greens Fee $6.00 $5.66 $11.00 $10.38 Links Club Card Green Fee $5.00 $4.72 $8. 00 $7.55 APH Surcharge $1.00 $0.94 $2.00 $1.89 Combo Round C9-Champ & 9-Family) Cart Fee ------- $10.00 $9.43 Daily Greens Fee ------- $12.00 $11.32 Links Club Card Green Fee ------- $9.00 $8.49 APH Surcharge ------- $2.00 $1.89 WalkinQ 9 on Family & RidinQ 9 on Champ Cart Fee ------- $6.00 $5.66 Daily Greens Fee ------ $12.00 $11.32 Links Club Card Green Fee ------- $9.00 $8.49 APH Surcharge ------- $2.00 $1.89 In addition to the above fees a $1.00 per round Capital Improvement Fee will be paid by every golfer (Daily Fee, Links Club Card and Annual Permit Player) whether walking or riding. FY 04/05 SHOULDER RATES FOR THE LINKS AT BOYNTON BEACH November 1 thru December 31 and April 1 thru April 30 All Prices Listed INCLUDE Sales Tax Prices are Per Person 9 HOLES 18 HOLES Championship Course w/tax wlo tax wltax wlo tax Cart Fee $8. 00 $7.55 $14.00 $13.21 Daily Greens Fee $14.00 $13.21 $24.00 $22.64 Links Club Card Green Fee $10.00 $9.43 $17.00 $16.04 APH Surcharge $2.00 ~1.89 $4.00 $3.77 Family Course Cart Fee $7.00 $6.60 $12.00 $11.32 Daily Greens Fee $12.00 $11.32 $21.00 $19.81 Links Club Card Green Fee $9.00 $8.49 $14.00 $13.21 APH Surcharge $1.00 $0.94 $2.00 $1.89 Combo Round (9-Champ & 9-Family) Cart Fee ------- $13.00 $12.26 Daily Greens Fee ------- $24.00 $22.64 Links Club Card Green Fee ------- $17.00 $16.04 APH Surcharge ------- $3.00 $2.83 WalkinQ 9 on Family & RidinQ 9 on Champ Cart Fee ------- $8. 00 $7.55 Daily Greens Fee ------ $24.00 $22.64 Links Club Card Green Fee ------ $17.00 $16.04 APH Surcharge ------ $3.00 $2.83 In addition to the above fees a $1.00 per round Capital Improvement Fee will be paid by every golfer (Daily Fee, Links Club Card and Annual Permit Player) whether walking or riding. .~=--~"""--~ .......~-_.---~~<--..-- '-~~----">----...... ..,.-_..........~----_. .-.~-..,'" _"."__f>. -~,."","---~~-' -.c.-- ~ ----,-"",,~;~->~-'...... FY 04/05 WINTER RATES FOR THE LINKS AT BOYNTON BEACH January 1 thru March 31 All Prices Listed INCLUDE Sales Tax Prices are Per Person 9 HOLES 18 HOLES Championship Course w/tax wlo tax w/tax wlo tax Cart Fee $8.00 $7.55 $14.00 $13.21 Daily Greens Fee $18.00 $16.98 $34.00 $32.08 Links Club Card Green Fee $14.00 $13.21 $24.00 $22.64 APH Surcharge $2.00 . $1.89 $4.00 $3.77 Familv Course Cart Fee $7.00 $6.60 $12.00 $11.32 Daily Greens Fee $15.00 $14.15 $25.00 $23.58 Links Club Card Green Fee $12.00 $11.32 $18.00 $16.98 APH Surcharge $1.00 $0.94 $2.00 $1.89 Combo Round (9-Champ & 9-Familv) Cart Fee ------- $13.00 $12.26 Daily Greens Fee ------- $31.00 $29.25 Links Club Card Green Fee ------ $24.00 $22.64 APH Surcharge ------- $3.00 $2.83 Walkinq 9 on Familv & Ridinq 9 on Champ Cart Fee ------- $8.00 $7.55 Daily Greens Fee ----- $31.00 $29.25 Links Club Card Green Fee ------- $24.00 $22.64 APH Surcharge ------ $3.00 $2.83 In addition to the above fees a $1.00 per round Capital Improvement Fee will be paid by every golfer (Daily Fee, Links Club Card and Annual Permit Player) whether walking or riding. --'--~--'-~~--~ - '.-~ -~--""~""-'~' .-~.y~-"---~.....-....---,~"-",,.........-- ____~~...,....._.,;.---~~ ---~_._Y.-""~- VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FCJKM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetina Tumed in to City Clerk's Commission Meetina Dates Turned in to City Clerk's Office Dates Office ~ August3,2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon)August2,2004 D October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1, 2004 C") D Administrative D Development Plans C> eJ-t .¡:- -1-< NATURE OF ~ Consent Agenda D New Business L- -<0 AGENDA ITEM c:: n" D Public Hearing D Legal r- ,-co - :ï1C) D Bids D Unfinished Business (j\ :;a-< D Announcement D Presentation ~z ." c.n-l :x 0 D City Manager's Report :::>z: w -.., .. "ro N -1"Tl C")J> co íI1C") RECOMMENDATION: Staff recommends Commission approval of the purchase of property owned by HarrWtt Adderley, located at 116 N.W. 11 th Avenue for the appraised price of $61,000.00. EXPLANATION: The acquisition of this property is the second of acquisitions that are essential to the implementation of the Heart of Boynton project. PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition. FISCAL IMPACT: Purchasing this particular property at this time is very cost effective as it is not occupied, and there would be no relocation costs. Funding is available through the Community Development Block Grant program FY 2003/2004. ALTERNATIVES: Purchase at a later date may be more expensive due to rising property values and pO~ble relocation c s s should ij become purchased and occupied ~ , City Manager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources ~~~~~doc , i I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE ACQUISITION OF PROPERTY FOR THE HEART OF 6 BOYNTON BEACH PROJECT FROM HARRIETT 7 ADDERLEY AND AUTHORIZES THE CITY MANAGER TO 8 EXECUTE ALL NECESSARY DOCUMENTS; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 \VHEREAS, the City Commission, upon recommendation of staff, has deemed it to be 12 n the best interests of the citizens and residents of the City to acquire property located at 116 13 11 th A venue, Boynton Beach, owned by Harriett Adderley, for the amount of $61,000.00, 14 s part ofthe implementation ofthe Heart of Boynton Beach Project. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 eing true and correct and are hereby made a specific part of this Resolution upon adoption 19 ereof. 20 Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby 21 uthorize the acquisition of property ttom Harriet Adderley, for the implementation of Heart of 22 oynton Beach Project and authorizes the City Manager to execute an necessary documents. 23 Section 2. This Resolution shan become effective immediately upon passage. 24 25 26 27 \CA\RESO\RcaJ Estate\Purc.hase ofHoßoway Property - Heart ofBoynton Project.doc -_._----_.--._---._-------~. . ----_.<._~-~--- ---=------'-'"----...--~- --- _.._~---~-------_....._-- -,~-_:'"'-~-~-~""'-,---- >.. . .-- -.-...,-;¡...~......... -... 1 PASSED AND ADOPTED this _ day of August 2004. 2 3 4 5 6 7 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 ity Clerk 28 29 Corporate Seal) 30 31 32 33 34 \CAIRESO\Real Estate\Purchase of Holloway Property - Heart OfBoyntOD Project.doc AGRF,RMRNTFOR PURCHASR AND SAT,F, OFRRAT, PROPRRTV This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the _ day of , 2004, by and between the City of Boynton Beach, a Florida municipal corporation (the "Buyer") and Harriett L. Adderley, an individual (the "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definltiom:. The following terms when used in this Agreement shall have the following meanings: 1.1 Bn¥cr. City of Boynton Beach, a Florida municipal corporation with a mailing address of 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. 1.2 rlosing. The delivery of the Warranty Deed to Buyer concurrently with the delivery ofthe Purchase Price to Seller. 1.3 rlosing D::¡te. The date of the Closing as determined in accordance with Paragraph 10 below. 1.4 Deed. One (1) Warranty Deed which shall convey the Property rrom SeHer to Buyer. 1.5 Effective D::¡te. The date that this Agreement is executed by the last party to sign it. 1.6 Government::¡l Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.7 Government::¡l Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.8 Property. That certain real property located at 116 NW 11 th Avenue, Boynton Beach, Pahn Beach County, Florida, and more particularly described on Exhibit "A" attached hereto and made a part hereof, together with aH improvements, property rights, easements, privileges and appurtenances thereto. 1.9 Purch::¡se Price. The price the Buyer shaH pay the Seller for the Property as more fully set forth in Paragraph 3 below. Page 1 of 12 , __ ____, _ _0 __ _ «_>____'"~_,___....u__._~......_h~~_=_··_ , ..__.-.......".-.:---..,.------1-'--,. ""_;0-_<-"'_,___ 1.10 s.cller. For purposes of this Agreement, the legal entity that has fee simple title to the Property and the requisite authority to convey title to the Buyer. 1.11 Title rommitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and/or recording of other closing documents. 1.12 Title rompany. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.13 Title Policy. An ALTA Fonn B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Pennitted Exceptions. 2.0 Grant of Option for Pnrcha~e. 2.1 Buyer hereby agrees to purchase and acquire the Property from Seller on the tenns and conditions hereinafter set forth such that the payment ofthe Purchase Price shall be as set forth in Section 3.0. Buyer shall place a refundable deposit of Six Hundred and 00/100 ($600.00) Dollars with the law finn of GOREN, CHEROF, DOODY AND EZROL, P.A. The deposit shall be tendered by Buyer within five (5) days of the effective date of this Agreement. 2.2 Buyer shall be obligated to give Seller notice within sixty (60) days of the Effective Date, that Buyer has elected to acquire the property and close in accordance with this Agreement. 3.0 Pnrcha~e Price and rontingencie~. 3.1 Pmchase Price The total Purchase Price for the Property to be purchased by the Buyer, from the Seller, is the sum of Sixty-One Thousand and 00/100 Dollars ($61,000.00). 3.2 ront1ngencie~ Buyer's obligations to close shall be contingent on the satisfaction of the following conditions: 3.2.1 Approval of the Agreement by the City Commission of the City of Boynton Beach shall be within sixty (60) days of the Effective Date. The approval shall be accomplished through the adoption of an ordinance after two (2) separate readings whichever occurs later. 3.2.2 The environmental audit is satisfactory and acceptable to the Buyer. 3.2.3 As required by Section 166.045, Florida Statutes, one (1) appraisal is obtained and approved by Buyer. This requirement may be waived by the City Commission. Page 2 of 12 3.2.4 Buyer's obligation to consummate the transaction referenced herein is contingent on the Buyer's conveying the real property free and clear of all liens, leases, claims and interest of third parties. 4.0 Inspections Buyer shall have the right to make any inspections it deems necessary within the sixty (60) day inspection period (the "Inspection Period"). During the Inspection Period, Buyer may determine that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, at its discretion, a Phase II Environmental Audit for which it will be granted an additional sixty (60) days for inspections. In the event that any inspections and any review of documents conducted by the Buyer relative to the Property during the period prior to the expiration of the Inspection Period prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to terminate this Agreement by providing written notice to Seller and receive an immediate refund of all deposits plus interest paid hereto or proceed to closing as set forth herein. 5.0 Evidence of Title 5.1 Delivery of Title rommitment. Within twenty (20) calendar days of the Effective Date, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney, if any, within ten (10) days of receipt of the title commitment. 5.2 Marketahle Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine the commitment. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of the specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $10,000.00 or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in removing such defects within said time, Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller within ten (10) days after being notified by Seller that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement, neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use good faith efforts to correct all defects in title, within the time provided therefore, and subject to the limitations stated above. Page 3 of 12 "- ~-~~-~-- -,,~~,--~ " _._ _~_~~___~_........~_.....~c.__.", .--~._.-,.~~.~~->--,-,-------- . ~ --..'-"~ -~-< ~-_., -. ". c ._-.-..,-,----~ 6.0 Survey, Within twenty (20) days of the Effective Date, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney within the thirty (30) days of the Effective Date. 7.0 Seller'~ Rf',pre~ent:ltion. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1 Seller'~ Authority. Seller has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 No Lee:l1 R:lr. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 7.3 No Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 7.4 Ii.tle. Seller is the owner of marketable title to the Property, ftee and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and monetary encumbrances of records which will be paid at Closing. 7.5 T .itieation. There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7.6 Partie~ in Po~~e~~ion. There are no parties other than Seller in possession of any portion of the Property as a lessee with the exception of: 1) ; and 2) , tenant at sufferance, or trespasser, hereinabove set forth in connection with the current use of the Property. Seller may allow use by others during the term of the Agreement, but Property shall be vacant at time of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement shall be terminated by providing lawful notice to the tenants and obtaining the possession of the Property defined in Section 1.8 herein. Page 4 of 12 7.7 Seller warrants that she will not, between the date of this Agreement and the closing, without Buyer's prior written consent, create by her consent any encumbrances on the Property. For purposes of this provision the tenn "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases (excluding, however, nonnal mini-warehouse leases made in the ordinary course of business), easements, covenants, conditions or restrictions. Additionally, the Seller warrants that she will not, between the date of this agreement and the closing, take any action to tenninate, amend or anyway alter any existing leases presently in existence except in the ordinary course of business. 7.8 Between the date of this Agreement and the date of closing, Seller will not file any application for a change of the present zoning classification ofthe Property. 7.9 Seller shall not list or offer the property for sale or solicit or negotiate offers to purchase the property while thís Agreement is in effect. 7.10 Buyer's Remedies for SeHer's Misrepresent~tions. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) tenninate thís Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 8.0 Buyer's Rf'.present~tions. The Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date that Buyer has full and complete authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton Beach Charter and Code of Ordinances, to purchase the Property and to comply with the tenns of this Agreement, and the execution and delivery of thís Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its tenns. 9.0 Conditions Precedent to Closinp;. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close thís transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said ten (10) day period, Buyer shall have the right to either (a) tenninate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition and close. 9.1 R epresent~tions, The material representations and warranties made by Seller in this Agreement shall be true and correct in all material respects on the Closing Date subject to the ten (10) day extension provided in Paragraph 9 above. Page 5 of 12 -.. ~---'._~ .·~__~___~c",~_·_"__ ~~___. _~_~__.___""" _.""...._._"-~._...,_.. - ~--_-.<.--....~-------<~,"-,-- ,- -~. ,. _'_;_"._ ~ n-..-.o 9.2 Sel1er'~ Oh1ie(ltions. Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 9.3 The Property shall be ftee and clear of any persons, tenants, improvements of any kind or related appurtenances on the Closing Date. In the event Seller is unable to satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days to insure that the Property is vacant. 9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents which Seller may have in her possession pertaining to the Property including, but not limited to, building plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 9.5 Seller has no actual knowledge nor has she received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies"). Buyer must rely on its Environmental reports and assessments as Seller has not performed an environmental assessment of the Property and is not aware of Property's environmental condition. 10.0 Clo~ine· The Closing shall occur at a mutually agreed time on or before L-> days ftom the Effective Date and shall take place at the office of the lawyer representing the Buyer. 11.0 Sel1er's Closine Docnments. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 11.1 Gener~ J W ~rmnty Deed. The General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property ftee and clear of all liens, encumbrances and other conditions of title, other than the Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mech~nic's T jell A ffid~vit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Page 6 of 12 Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 G;:¡p A ffid;:¡vlt > An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. 11.4 FTRPT A. A FIRPT A Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 T>R-?19;:¡~ req111red for recordlng. 12.0 Rl1yer'~ r1o~lnE T>ocl1ment~. At closing, Buyer shall deliver to Seller a certified copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City Commission showing that Buyer has been authorized to enter into and execute this Agreement and consummate the transaction herein contemplated. 13.0 rlo~lnE Procednre. The Closing shall proceed in the following manner: 13.1 Tr;:¡n~fer ofFlInd~. Buyer shall pay the Purchase Price to the Seller by wire transfer to the account of Seller. 13.2 T>el1very of T>ocl1ment~. Seller shall deliver Seller's Closing Documents to the Buyer consisting of a General Warranty Deed, Bill of Sale, No-Lien Affidavit, FIRPTA Affidavit and any documents required to insure Seller conveys marketable title. 14.0 rlo~lne ro~t~, T;:¡xe~) Pror;:¡tlon~ ;:¡nd Tmp;:¡d Fee~. 14.1 Ad V;:¡ lorem T;:¡xe~. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 14.2 Sel1er'~ rlo~lnE ro~t~. Seller shall pay for the following items prior to or at the time of Closing: None. 14.3 RlIyer'~ r1o~lne ro~t~. Buyer shall pay for the following items prior to or at the time of Closing: Recording of Deeds; title insurance premium; survey costs, appraisal costs, Phase I or Phase n Environmental Assessment Report costs and related expenses. Cost of providing marketable title as provided herein; documentary stamps on the General Warranty Deed. Page 7 of 12 --.--~ _"'r_~~ _~_~~~_~~_~_ ___.4__>._.__.__,__."'...............,__......-._..-.,.-__· .^-,.""--._~~~._'"""----~--_. -.,,- ..."'" "'-" 15.0 Pm:!'ie!'i!'iion. Buyer shall be granted full possession of the Property at Closing. Buyer's obligation to close is contingent upon the tenant(s) presently occupying the Property to vacate the Property prior to the date of Closing. Tenant(s) shall execute in recordable form a document which shall expressly release, discharge and waive any right of first refusal the tenant may have or claim to have relative to the Property. Buyer shall not be obligated to close the subject transaction until such time that the amendment to the lease and the termination of the right of first refusal are executed and copies provided to the Buyer and the tenant(s) have vacated the Property. 16.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice ITom Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of her right, title and interest in all awards in connection with such taking to Buyer. 16.1 The parties to this Agreement acknowledge that the terms and provisions set forth herein represent a proposed transaction that is in Lieu of an Eminent Domain proceeding being initiated by the Buyer and that Buyer shall not under any circumstances be responsible for any costs, fees, or expenses incurred in the event of litigation. In the event this transaction is not consummated through the fault of either Buyer or Seller, Buyer shall not be precluded from pursuing any legal remedies available to it, including eminent domain. 17.0 Addition::!1 Condition!'i Precedent Each of the following events or occurrences shall be conditions precedent to Buyer's obligation to close this transaction. In the event that any or all of the following conditions precedent are not satisfied prior to for any reason whatsoever, and Buyer is unwilling to waive such conditions precedent, then, Seller may terminate this Agreement upon providing written notice of such termination to Buyer; upon such termination of this Agreement, the deposit shall be returned to Buyer and the parties shall be released of all further obligations under this Agreement. a) Buyer's obligation to close in accordance with the terms set forth herein are contingent on Buyer obtaining an appraisal indicating that the appraised value of the real property subject to this Agreement is equal to or no less than ninety percent (90%) of the purchase price set forth in Section 3.0 ofthe Agreement. b) Buyer's obligation to close this transaction is contingent on Buyer obtaining and approving a Phase I and a Phase IT environmental audit, if necessary, indicating that the real property subject to this agreement is ftee of contaminants allowing for the development of the real property for its intended use. Page 8 of 12 c) Buyer's obligation to close is contingent upon the approval and authorization of the Boynton Beach City Commission. 18.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. BUYER: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attention: With a copy to: Goren, Cherof, Doody and Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Attention: Donald J. Doody SELLER: Harriett L. Adderley With a copy to: 19.0 Def:m It. If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, the deposit and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In addition to the other remedies which Buyer may have specifically set forth in this Agreement in the event of Seller's default, Buyer shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. Page 9 of 12 - -----~_.~-~.__.._~~---~--_.- ... _ _ _~_P___._~..~~~_~__~._~______.......-.,..,,~·...o-o_>-,···,··.~·_~~__,__ <-' ~.~_~-",-;""""__.,_.,,,,~-__.~,_~ I; _._-"_..-~~~-""-- -.-.. 20.0 Mi~celhmeon~. 20.1 ronnterpart~. This Agreement may be executed in any number of counterparts, anyone and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 20.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 20.3 A ttomey~' F ee~. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment. 20.4 Govemine I .aw. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial. 20.5 Entire Agreement. This Agreement sets forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 20.6 rompntati0n of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non-banking day. 20.7 No Recording. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 20.8 No Rrokers. Seller and Buyer each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting :trom the actions of the party making such representations. Seller and Buyer each indemnify and hold each other harmless :trom and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting :trom a breach by the indemnifying party of the foregoing representation. 20.9 Accf'{Itance of Deed. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 20.10 Interpretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. Page 10 of 12 20.11 C~ptionsJ He~ñinesJ Ftc Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 20.12 W~iver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 20.13 No Third Party Renefici~ry. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 20.14 R~ñon G~s Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained trom your county health unit. (THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK) Page 11 of 12 - .--."-- --->._,-~.,~<,,-~......,--............"~,- ~ -. -<~ -. - -...-.~--~->--- ~~_'__~"~""'~_~__~-5,"'_ =Ic'-"' - -~~-, ~-~- IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. WITNESSES: SET .T ,ER· HARRIETT L. ADDERLEY (Print Name) Date Executed: ,2004 (Print Name) RTNER' CITY OF BOYNTON BEACH, a Florida Municipal Corporation BY: PRINT NAME: TITLE: Date Executed: ,2004 H:\2004\040 142\Agreement for Purchase.doc Page 12 of 12 EXHIBIT "A" ~ -~---'-'-'------_.--~._- ~_-""",,,"_.........,__~_e.._<_.___.~~· -.... _~_""__~__~___,,,._ /,_ ~"~",-____~~___.o-~__~ +_<. ,__r_.<,,-c__ EXHIBIT "A" T ,FGAT, DFSrRTPTTON E 50 FT OF W 556.03 FT OF LT 7, LANEHARTS SUB. OF S Yí OF NE 'l4 PB 1 P 35 CHAPIN APPRAISAL & REAL ESTATE 513 US HWY I, #/111 NOR1HPAlMBEACH. FL 33408 City ofBoyulœ Bead1 100 B. BOYNfON BEAm BL, PO BOX 310, BOYNTON BEACH. FL 33425 In accordance with rom request, I have personally inspected and appraised the property lociúed at: 116NWll1HAVE BOYNl'ONBEAm FL 33435 The P':f3: of the appraisal was to estimate the market valuC ° the P!OPCfÍY, as improved, in unencumbered fee simple title of ownership. The subject property consists of: 7 Rooms 4 Bedrooms 1.0 Bath(s ) The BuDpIow style residence contains 1,176 square feet of Gross Living Area. It is my opinion that the estimated market value of the property as of 01J1712OO4 is $ 61,000 The above information has been automatically extracted ftom the appraisal and inserted in this cover page. Respectfully submitted, I I:HAPIN APPRAISAL & REAL ESTATE - - "-' --.= ""-----....;~--......----~--'"""",-,,-....--~--~~ - - _....~..,._~""-__,,___,_~__ ·--1· __'>.-n> __~< ~_u_,__.__~_.~._~_ _.~-'>.~'-' 14(;04 APPRAISAL OF A SINGLE FAMILY RESIDENCE LOCATION :1l6NWllmAVE BOYNJ'ONBBACH FL 33435 CLIENT : City ofBoyutœ Bead1 lOOK BOYNTONBEACHBL. PO BOX :no. BOYNrON BEAœ, FL33Ø AS OF DATE : 02Il7J2004 APPRAISER :DAVIDS.œAPIN,SRA l CHAPIN APPRAISAL & REAL ESTATE A SUMMARY REPORT UNIFORM RESIDENTIAL APPRAISAL REPORT oøMv DMcription File No. 14604 ProIIeItY Address 116 NW limA VE CIty BOYNfON BEACH SIaIa FL Zip Code 3343S I _AI DeeaiDIIon .....SEE ADDENDUM CountY PALM BEACH I., .'Pan:el No. 08434S21190000150 Tax Year 2003 R.E. T..""" S I 433SrlAdal Assessments S I Bon.-.- NlA Current Owner ADDBRL Y I IOwner I ITenant I X \Vac:ant raised I xl fee SImne1 ILeasehoId PmiRctT_1 IPUD I ICondomInIlm IHUDNA onfv) HriAs /Mo. NeIahboIhood or proJect Name BOYNfON BEACH. MLS 4330 Map RefeJenceR 43 T 4S S 21 Census Tract 6100.00-9 Sale Price $ Date of Sale DesCI1JIIon and S 8IOOIIIt d. køI c:IøIIesftoIIœslS to be D8Id by &eIIer LenderICIIent Cäv ofBovmœ Beach Add!-. 100 It BOYNfONBBACHBL. POBOX 310. BOYNfONBEACH. FL 3342S OAVJDS.CRAPIN SRA A"_ S13JNHWYI #111.NOR1HPALMRRArR FL33408 loc:aIIon - Urban K SuIubIIn - Rural PredomInant _'-'Y~ "'-d land IDe % land... cbaG BuIt up K Over 75% - 25-75% - Under 25% ~ One family -----ªº ~~ likely LiœIy Growth rate - Rapid X- Stable - Slow .x Owner 85 --11. Low --º 2-4 family ----1 In process Property value X- lnaeasing - Stable - Declining - Tenant IS 175 Hioh 45 MuIti-famiIy ----.1!! To; DemøndIsuIJIy - Shortage X- In baIanœ 0I'er SUJIIy .x Vac:ant «().ó%) Predominant Commen:iaI Ume Under 3 mos. X 3-6 mos. 0I'er6 mos. vacant lover 5% 110 30+ VAC S NotIÞ: Race and 1M racial coinposltlon ofIM neighborhood are not appraisal factors. NeighboItIood boundaries and chaJac:ferI&tic; MlNHRlID MIL NORm. DIXIB HWY MIL EAST. BOYNTON BEACH BL MIL SOUTH AND I-9S MIL WEST. SUBJECT WB.L COMPE'lE WDH SOME HOMES JUST OUl"S1DE 11ŒSE BORDBRS. FICblIhaI aired the nøkeIabIIly Ii lie pIOpIIIties In lie neIghboJhood (proånIIy *' employment !lid ameniIIes, eqJIøyment sIabMy, appeal *' IIIlIket, eC.): SUBJEC1' MARIŒT CONSISTS MOS11.Y OF DETACHED SINGLE FAMD..YHOMI!S. 11m MAJORITYWBIU! BUlLTFROM1HBMID 19SO'S TO 1HE EARLY 1970'S. BUT nœRE ARE A FEW HOMES HERE BUILT MORE RECENILY. HOUSING STOCK IS GENERAlLY MODEST IN SJZE. 1HE AREA IS CONVEN1l!NT TO SHOPPING AND 011IER SUPPORTING FACIUfIES. EMPLOYMENT IS WI1HJN A SHORT COMMUTB IN A MOSn. Y SERVICE BASED ECONOMY. I-9S ACCESS IS WI1HIN I MILE. 1HERE ARE NO APPARENT ADVERSE CONDI11ONS. MaIW ccndiIioos In tie ~ neIghboIhood (Indudng sup)ÐI\" tie abcHe c:cncbIons 1eI8IBd~ lllelnl1d 01 PJOIØIIJ vab!s, ~, and madI8Ing Im8 --1IUCh 85 daIa on competiIMJ properIIes for sale In lie neighboIhood, ~ Ii the ¡wMIenœ Ii saIe8!11d InancIng concessions. *): SEARCH OFMLS AND O1HBRDATA SERVICES SHOWS ALOWRESALB INVENrORY OF RElÁ11VPLY AFFORDABLE HOMF3 SOOIAS THOSE IN TIm SUBJECrMARIŒT. BUTNOI' TO 'IHB POINT OF SHORTAGE. MARm11NO TIMES ARE NORMAL. PINANCINO IS READ.IL Y AVAILABLB FROM A V ARJBTY OF SOURCES. SELLER CONCESSIONS OCCURHEIŒ. BUTNOI' SO FRBOUBN1L Y TO BE CONSIDERED TYPICAL OF MOST TRANSACßONS. THERE IS B01H OWNER OCaJPANf AND INVESTOR SALES AcnvrrYlIERE. MOST ARBLEOITJMATIO. , ..,. ~IN PIojec:t InfonnatIon for PUDs (If appIcabIe) - -Is lite deveIoper.tluider in conIn:II oftI'M Home 0Wner'8 Association (HOA)? UVes UNo ApproxImate total number of units In the 8UbeGt proecI AppJoxImatø total number oftnlts for sale In the subject project ~- ~ nd I facilHk...: NtA. NOT APUD. DImensIon850XlSO Topography ABV. OR. SlPS. FRT. Slu.ea 7.500 Comer lot UVes lxINo SiZe TYPICAL Specifiç zoning dassification and d8scription R :L RFSJDENTIAL.DUPLEX Shape RECTANGULAR Zonk1g compIIanœ IKI~r&!.¡" rø~1 (Gr.IIdfaIheI8d use)OItlegal UNo zoning Drainage APPI!ARED ADEQ. IIah88t & best use as irnDnMd X Present use Other use 'emaln \ v_ OTIIERRES. a--.. ~ Other otf..eh~.. Type ~~ Landscaping TYPICAL EIedrIcity X Street ASPHALT ~ - Drlveway sulfaœ CONCRETE Gas CUlblgutler NONE - ApanIIt 8aS8IIIIIIIIs TYP. UI1LITY Wallar ~ UV8$ WNo X SIdeYIaIk NONE ~ - FEMA SpecIal Flood HazIIId MIa SanIIaJy sewer X Street Ughls SOMB UT POLES ~ - FEMAZone C Map Date 0913011982 SIorm _ X AIIAv NONE FEMA Man No. 120196 0004 C CoImw1Is (8fJJInI1tad\'else --. eI~œ.1Is, special assessments. siIe arøas, legal or legal OOIICOhforøing zoriI use. 8Ic.): NO ADVERSE CONDmoNS APPARENT. TYPICAL LANDSCAPING AND SITE 1MPROVEMENI'S N01ED. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units I Foundation CNC. S1EM Slab NO Area Sq. Fl NlA - -~ No. of Stories I ExIerior WaDs FRlAL SD Crawl Space YES % Anished Ceiling NONE ~ (DetJAIt.) DBT Roof Slllface COMPo SH Basement NO Ceiling E NONE DesIgn (Style) BonmIIøw GuIIIn & DwnspIs. NO Sump Pw11p NO Walls edatIng/PrqIo&e EXST Window "Type AWN. ~NO Floor Aoe (Y...) B 1942 StonnISaMns NOIYES SeUIIIment NO 0uIsIde Enty Unknown _ EIøctIM Ñ1A IV...\ 30 MaIúacIInd House NO Infestation ENIRY ROOMS F..-- L.ivinlI Ðlnlnn KiIdIen Den FamIv Am. RfJc. Rm. #I BaIh8 Other ARIa Rn. Fl i'l/A [...,¡ 1 I AREA I 4 I I 1176 1.rMt12 I"" 7~""" . 4 10 BAIh/'. . INTERIOR ~ HEATING KITCHEN EQUIP,..:.... AT11C - AMENITIES _ CAR STORAGE: FIoora CPT. VNL.-A Type NONE RefrIgerator eX. None - Flreplac8(s)'NONE _ HoneD Wale WD PNL-A Fuel RangeIOven ~ S1aIr8 Pallo NONE Garage #I of cars rawIIInn - TñnIFInish WDMLDO.-A DIsposal - DJOp Stair - Deck NONE Attached Bath Floor VNL-A COOLING DIs'-her - ScuIIIe X. PoR:h NONE - DeIad1ed Bath WaIn8cot œ:a. n..-A Central NONE FanlHood - Floor - Fence CHLK X Built-In Doors WD HC.-WD.-A OIlIer WALL U t.Iaowave - Heated - Pool NONE - CBIpOIt I r.m.IIinn AVO 1'1.....'-'1 nn.;...",v AddItIonal feaIure8 (special energy efIIcIent IIem8, etc.): NONE SPECIAL. CondItIon of the ImpJovemenIs, depreciation (p/Jy8IcaI, fundIonaI and exIamaI). repaiIs needed. quaIily of construcIIon, 1'III1IOdeIing1, etc.: StJBJBCT IS FRAME CONSmUCIION. ONCE WOOD SIDED. NOW COVERBD wrIH ALUMINUM SIDING. OVERALL CONDI'l1ONIS A VERAOB. rrHAS BEEN ADBOUATELYMAINTAINBD. BUT HAS NOI'BEENRBNOVATED IN ANYFASHION. I BA'DITO SERVE 4 BEDROOMS IS CONSJDERI!D A FUNCI'IONAL 1NADBOUACY. NO EX1BRNAL INADBOUAC1BS APPARENT. Adv8rse environmental condItIon8 (such as. but not lmil8d to, hazardous wastes, tœcIc substances. etc.) pI8SØIIt in the impIovørnenIs, on the .. or In the ÌldUed.... vlclnily of the 8Ubect property: NO ADVERSE CONDmONS APPARENT . PLBASI! SEB J.JMI11NO CONDrnoNS. .. ........, ","4 CHAPIiI APPRAISAL & REAL ESTATE l~..d_~ .---,-,-.........,.'"'~,..._...~--. ..-;~- ,-~ .><' '" -,----,.---~-----~- , vabaÌon SectIon File No. 14604 ES'I'lMATED SITE VALUE...... . .. ... .. . . . .. . ., '.. .. $ W)()( Comments on Cost Approach (such as. source of cost8llîmata. ESTIMATED REPROOUCTlON COST~EW-oF IMPROVEMENTS: aile Y8Iu8, equare foot C8IcuIatIon and for HUD. VA and FmHA. Dwelling 1.176 Sq. R. @ 65.00 .. $ 16.440 the estimaI8d remaining economic life of the property): NIA Sq. R. @ .. ktPM Be.LIFE: ~ YRS REPRODUCI1ONCOSTFROM .. AND SWJFT COST LOCAL GamgeICatporI _Sq. A. @ = . PHYSlCALDEPRECJA11ONBY11lBAGEI Total Estimated Cost New .. . . . . . . . . . . . . = $ 76.440 r1mMBTHOD. ...SEBADDENDUMPORLOTSAlEDATA. Physical Functional External - -3 0001 DeprecIation 38.2201 0=$ 3S-22í DepreàatlldValueof~.... ............. =$ o$U2( .h-Ie. Value of SIIIIImproWm8I1ta . . . . . . . . . . . . . . . . . . '" $ 5000 V ",s Ml200 ITEM I SUBJECT COMPARABlE NO. 1 COMPARABlE NO. 2 COMPARABlE NO.3 Addr-. 116 NW 11111 A VB 2]6NB UTIlAVB 535 NW ]211f A VB 4:}] NW I21HA VB ÐOYNfONBBAOI BOYNIONBEAOf ÐOYNTON BBAOf ÐOYNTONBBAOI to Subled 2 BLOCKS B 4 BLOCXS NW 3 BLOCJCS NW 1- PrIce Is "3.~ 3. 603~ 'ilt~LmB~! ìii f'rfce,Qœs Uv. Ante I~ ¡- Data ttOOIor þm..D OBS. ONLINB PUB. REC. ON LINB PUB. ROC. VerIIIcaIIon Source MLSIJ"AX APP. REC. TAX APP. RBC.JBUYER MLSfI'AX APP. REC. VAlUEADJlISTMENTS DESCRIPTION DESCRIPTION .. N'SCRIPTJON .. De;CRlPTION .. Sales or Flll8nClng CASH $44,000 $15,525 Conces8IonA CNV MOO FHA MOO Date rI SaIefT1rne 1213112003 05/1612003 09(1SflOO3 LocatIon VO AVO AVO AVO læsøhoId.f'ee - I>RR SJMPLE FEE SIMPLE FEE SIMPLE FEB 81MPL1! Site 500 7~ 5 ISO 1~150 VIew rrmRR RES. O1HERRES. O1HERRES. OTHER RES. n-inn and AnnAAI UNG'AVO BUNOfAVO RANCH/AVO BUNOfAVG QuaIIv ti ConmIdIen ~U/A va FRfST/A va C8S1AVO C8S1A VO ADA ~ .1942 B 1947 BI960 B 19S' ConditIon VGmO FR-PR/B40 10.000 A VOIFAJR/SJM E RMDI.DÆI0 -20 000 Above Grade ToIaI !Mm.1 BaIhs ToIaIlBœnsl Baths ToIaIlMm.1 Baths TotaIlRdm..l BaIhs Room Count ,1 41 1.00 41 21 1.0 51 31 1.0 41 31 l.I .. a 1 ]76Sa. Ft. 804Sa. Ft. 9.300 912~.R 6600 825!'1nR &800 e-nent & A NIA NfA NfA Rooms Below Grade FuncIionaI Utili'" VO AVO AVO AVO IwAlL UNITS NONS WAll. UNITS F. AJRICI!Nf -3 ~OO EIIIdent ........ NoNE SPBCIAL NONS SPECIAL NONS SPECIAL NONE SPECIAL I CARPORT NONS 1000 NONS 1-001 NONE ] 000 ;h, PatIo. Deck. ~ONE ENIRY NO ADJ NO~ LOSCPORœ: -l,5OO . ..-Iaœlal. ètc. NoNH .J'lONE NONE NONE 1"'-- Pool ell:. ro. SlTB IMP. 1 YP. srœ IMP. TYP. SITB IMP. 1YP. SITB IMP. 0Dœ& _TWO ABU 1YP. APPLS. 1YP. APPLS. NetAA........... Ixl+ I 1- Is ')\'I! IXI+ r T..li 7.600 I 1+ IXI. I~ -IS-1M AdjustIIIcI Sales Pñœ ~ sa "4 Net I ~ 14 % Net -t: -19 "4 Net I~ 58 'I/. n... ~~W 14 'I/. C'_ 62.600 44 "" n... I;I.~ CommenIa on SaIe8 CornpørIson ílndudlng the subed property'a competibIIity to the neighborhood, eII:.): SAIB 1 IS SUŒn. Y SMALLER 1HAN TIIB SUBJECT. Jlur IS SIMilAR IN STYLE. CONSTRUCI1ON AND AClUAL AGE!. rr WAS MARIŒ1ED A "HANDy MAN" PROPERTY. SAIB 2 IS AN OIDBRI1L\NSACI1ON. crœD BECAUSE 11' IS NBAIl SUB.JEcr AND WAS SIMILA]UN I!fFI!C1tVEA<E. SALE 3 WAS REMODI!I.PD AND HAD Œ.NIRAL AIR. BUT IS SIMILAR TO SUBJEC1'S LOCAtION. SUBJECI'S FUNCIIONAL ACY IS CONSIDERED JNCLUDBD IN IJVINO AREAADJUS'DÆNTPACI'OR. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO. 2 COMPARABlE NO. 3 Dett, PrIce, and [)IlIa ~A. NO SAlE N"\. NO RECl!NTJ"JUOR NIA. NORBCENl"PRIOR NIA. NO RECENfPRIOR SoIIte, b prior sales ÞN LAsn Si\:P. SALE. SALE. IvR.6.R~. ~ fA 8I1Y curIWJt aar-nent d... option. ,)I" J/dng of the aubect property and ønaIyaIa of 8I1Y prior..... d eubject and ~ wII1In OM ye.- of hi date of appraisal: SUBJEC1' IS NOTPRESENIL YLISTBD. HAS NOT BEeN LISTED IN LAST 12 MONTHS AND IS NOT UNDEIlCONTRACf FOR SALE. rr HAS NOT ~.}LD INTIIB LAST 3 YEARS. INDICATED VALUE BY SALES ~ARISOIi APPROACH.. ............................................... $ 61.000 t € ~ _ S NtA 11III1IIpI3IsaI1s made lK/"asIs' Usœec;t to ropI/Is, ........1nSPeC:IOnS or concIIians IBI8d below U..toCClqiøllanJll"....IIIII~ CondItIona of AppraIsal; SUBJECI" IS APPRAISQJ IN rrs ·AS IS· CONDmON. wrm NO REPAIRs OR OTIŒR CONSIDERATIONS. finIII ~ 11lB SALBS COMPAlUSON APPROAOfIS GIVEN MOST CONSIDERA11ON. rrsuows TIlBRECENT ACTION OF BUYERS AND SI!I.l.ERS 1N11lB IMMBDIATE AkEA. MOIŒ RELIANCB WAS PLAŒD ON SALBS I AND 2 AS nmY ARE MORE SIMILAR TO SUBJBCT IN ACTIJAL OR~ A<E. .....8EB ADDBNDUM 1111 JUPÒI8 of litlllplisal II to 8IIknaIe lie IIBketVIÙ ti.. ... JIIOI*I¥ lilt." tItJect tilit JIPOIt. based on lie.. CXIIIIIIons II1IIl1li criIaJIIon. c:onIngeIt IllllIØIq condIIIanI, and marIœt VIIIue dI6iIIon II1II in IIIIt8d In" aIIIIched FnIddIe t.tac Fonn43!llFlnnle U. Fonn 10048 RÑI8d &'93. 3NJ ). . (WE) EmIIATE DE IlARKErVAUIE, ~ ~ OF nt: REAL PROPERrYTMT _DE -.ECT OF 1118 REPORr. AS OF 0211112004 (WHÇH 18 THE DAlE OFi.:::: EFFECTIVE DAte OF1HIS~TO BE $ 61.000 APPRAISER: ~ /.A' . 8UPSMSORY APPIWSER(ONLYF~ I...... ~ DAVID- .. 1 SIanaIuIe Did DDid Not Name Inepect Property [)Me ~ SIaned ST..cI!RT. RBS. REA. ff1.29 -FL StaI8 CertifIcaIIon #I StaI8 - ........ ....- ... TEXT ADDENDUM File No. 14604 Borrower: NIA Property Address: 116 NW 11TH AVE County: PAlM BEACH City: BOYNTON BEACH State:FL Zip Code: 33435 Lender: C' ofBo on Beach PURPOSE OF THE REPORT: THr8 REPOB.TmlNTl!NDl!D FOR USE BY THE CIJENTNAMED IN APUJtCHASE FOR PIJBLIC PURPOSE. THIS REPOIIT 18 Nor JNTßNDEI) FOR ANY 0TfIJ!R USE. SCOPE OF TIlE REPORT: nnS APPRAl8ALIS BASED ON INFORMATDN GA1JIERED fROM PUBUC RECORDS, PIlOPRJETARY DATA SERVICES, MLS AND 0THEIl SOUltCES AS STATED. UNu:88 OIBERWISE INDJCA~ SOUllCJ!S ARE CONSJDl!IŒD JtELJABLE. THE DATA WAS GATHERED AND ANALyzED IN ORDER TO ARJIlVE AT A CURRENT VALUE ESTIMATE OI'THE SUBJECT PROPER1Y. ADDITIONAL CERTIFICATIONS: I CER11FYTIIAT. TO THE BESTOF MY KNOWLl!DOE AND BEUEP. THE lU!I'OIlTED ANALYSES. OPINIONS AND CONCLUSIONS WERE DEVELOPED. AND 1HIS APPIt.AJSAL BAS BEEN PREPARED IN CONFOIt1ØTY' wnB THE RI'.QUIREMENTII 01' THE CODE OF PROFESSIONAL E11IIC8 AND THE STANDARDS OI'PIlOFESSIONALAPPRAJSALPRACI1CE OI'THE APPRAJSALINS1111JTE. I CER.11FY THAT 'l1IJS IIEPORT IS SUBJECI" TO THEREQUJREMENrS OF THE APPRAlXALINS'ITfUTE REù\TINOTO ITS USE BY ITS DULY AUI1IOIUZED 1oOWBERS. AS OI'THE DATEOI' TBIIItEfORT. I HAVE COMPIEfEDTHE REQUIRJ!MENfS OF THE CONl1NUINO EDUCATION PROGRAM OF THE APPIIAJSALINS1TIUŒ. LEGAL DESCRIPTION: E SO FrOl'WSS&.03FrOF LT7. LANEHARTS SUB. OF SlnOFNE 1/4.PBl P35 LOT SALE DATA: 1BERE HAS BEEN A GREAT DEAL 01' LOT SALE ACI1VDY OF SCAT'ŒRED VACANT PARCELS IN THE SUBJECTNElOBBORHOOD IN THE LAST YEAR PUltCIIASJID l'Oll SINGLE FAMlLYHOME cæsTltUC11ON. SOME USED TO ESTIMATE SUBJECTSlI"E VALUE: LOT 2. BLX6. t.ŒEK8 A ANDREws, SOX ISO. $14.500. 1112003. LT 4. BLX 4. WEEK8 ADD ANDREws, so , >iI. $l2.000. 8/2003. SUB OF LOT 3 LANEllARTS SUB. LT 2/. .': 16$. ON CANAL, $15.000. 812003. FINAL RECONCILIATION. CN' d.: THE COST APPJI.OACH 18 S\ 'PORTlVE. BUTIS LESS RELIABLE DUE TO AGE OF SUBJECT. 1HERE WAS RECENT AND ABUNDANT LOT SAUJ DATA TOES"111,M .¡ SJl1! VALUE. THE INCOME APPROACH WA.~orUSED AS MOST HOMES HERE ARE PURCHASED BY OWNER. OCCUPANTS. 1HERE 18 Nor ENOUOH RENTALDATAAVAl. ABLE TODI!VELOP A ItELIAJILE GROSS RENT MULTIPLIER. ________~........._....'_...-__'_<~~..>,,__._<__ ,,' -t· ,_"_4~ .~~ _ ,_ ._..,¿~~.-.... _ ._J _ ..~"--"'-~____~_."..-~- Statement of Limiting Conditions Fße #: 14604 DEFIN1'J1ON OF MARKET VALUE: The most probable price which a property should bring in a ~ and open mmket under all cooditioaa I'CIqUisite 10 aJàir sale, the buyer and seller. eød1 actin& prudcotly. knowledgeably IIIId 8S8IIIIIÎIIg the price is DOt a6ix:tcd by UIIdo sdmuIus. Implicit in Ibis defiDition is the c:oosumaIion of a sale as of a specified daœ and the JIIISSIoB of title ftom. seller 10 buyerundar ooødIdons whereby: (1) buyer and selIer are1;ypically motiwIecI: (2) boIb pIII'I:ics are wdIløfurmed or well edviaed,. 8Dd each 8CIÚIg In wbat be coasiders his own best interat; (3) aJellSOllllble time Is allowed fiJr exposure In the opal marIœt; (4) pIIYDIaJt is JIIIIdo in terms of œsh in U.s. dollars or in tams of fiœnciallIIJ'IIIIØCiIII CCJIIIpIII'8bIo 1bc:reIo; IIIId (5) the price ~ 1110 JIIJI'IIIII1 CCIIIIidcratiœ for the property 80ld uœffcc:tcd by special or 0RIIIive tiDImcinc or sales COIICCØ~ gl'llllledby lIII)'OIIII associatød with the sale. . A4jusImcoIs 10 the COIIIpIII8bIcs must be made fur special 01' m:ative tiDImcinc 01' sales coaceøsiœB. No III!justmaJIs are IJCC:CIS8I')' fiJr 1hosc cosIa wbidlarellOllll8lIy paid by sellers as a result of1raditloo 01' Jaw in tbe JIIIIIbt area: tbcøe COSIs are readily úbØifiablc sinœ Ibt sdler pays these œstB in vimJaIIy all sales ~ SpecIal or c::mIIÍW tiDImcinc acfustmmb can be JIIIIdo to the COIDpInbIc property by compIIÕ8ODS 10 tiDImcinc tcrms offered by a tbinI pøty instiIutiooøI Jcodc:I- tbat is DOt already imoIved in 1bc property or 1IaœaCIioo. Any ~ should DOt be calculIIted œ a ~ dollar 00IIt of the fiuaoI:Ing 01' CIJIIœIIaIœ but 1bc dollar IIIDOIIDt of any ~ sbouId approximate 1bc marbt'a mICtion 10 1be fiaaocing 01' ~ bøscd oo1bc øppraisa'sjudgemeoL STATEMENT OF LIMITING CONDmONS AND APPRAISER'S CERTmCATlON CONTINGENT .tND LIMITING CONDmONS: The appraisa"s certification that appears in the appraisal report is subjeetlO 1bc iIBowIDg eooditioas: 1. The IIppIIisc:r will DOt be R:SpOPSlõle fiJr IJIIItters of1egal Dature 1bat affect eitbct 1bc property being appaised œ-Ibt title 10 it. The IIpp8ÌIc:r _Ibat the title Is good IIIId madtetaNo and. tbc:rcfore. will DOt nuder any opiDiœs about 1bc 1itIe. The propaty is IIppIIIised 011 the basis of it being under responsible 0WIØSbip. 2. The øppaiser bas IWYidcd a skdch in the appraisal report 10 show approximate dimaIsiOIIs of the improYCIIICII13 and the skdch is iDc1udcd only 10 assist the æadcr of tbe report in visualizing tbe property and uncfersIanding the appraiscr's dect:nDinatioo of its siæ. 3. The 8JpI'IIÏ8« bas cxamiocd the available flood maps Ibat are provided by the Federal F.ma-gaJcy ~_gp.rnent Agœr.;y (or oIbcr daIa soun:es) aød bas noted in the øppraisaI report whdber the subject site Is Jocated in 8D idcutIfkd ~ Flood Hazard AJea. Bcc8use 1bc IIpp'IIÍSet is DOt a 1IUFVe)'œ'. be or she maIœs DO guarantee. expmra or implied. regarding the ~¡n~ 4. The IIß'I1IÍSCI will DOt give II:sIùøoøy or appear in oourt because be or aile made 8D appraisal of the property in questIoa. un1cas apccIfic amngemcotS 10 do so have been made befordumd. S. The IIppIIIIscr bas cstimaIed 1bc value oftbe land in tbe cœt IIpJIOIId1I1t its bigbcst and best use and tbe improvemads lit their çœtn"bulory value. These acpøndc vaIuatioos of the land and improvancnIs must DOt be used in CCJIIÎIIIIÇIÍœ wiIh any oIbcr øppaisaJ IDd are iøvaJid iftbcy are so used.. 6. The appniscr bas noted In the appraisal report any adverse c:ooditioaa (suçb III, DCCdcd rcpIIÌn, dcpreciatioo. the prcseocc of bamrdous wastes, toxic SlIbsIaDces, ctI:.) obscmd during the iuspecdoo of the subject property ordlat be or aile bcœmc aware of duriug tbe DOIIII8I rescan:h involved ia pcrfurmiDg the appraisaL UuIess ocbcrwisc s&IIIed ia 1bc appraisaJ æport. the appnûacr baa DO IœøwIcdgc of any bidden or IJIIIIPPIIRDi oooditioos of the property or adva1Ic CIIVÍroIIIDaIII coodiIioœ ("mcIudiDg tbe prcscœo ofhazladooa waste, tmiç subsIaoI::es. ctI:.) dIat would maIœ 1bc property more or Iesa 'I8IuabIe, IIIId baa awmcd dIat 1bcr1: IR DO sudi CDDditioøa and makes DO guaranteeS orwarranliès. expraI 01" impIicd.lqIIIIdinc 1bc cœdiIiOII of 1bc JIIVPCrtY. The appraiser will DOt be respoosIblc fiJr any such coaditioøa Ibat do c:døt or fiJr any CII8ÌJICCIÙI8 or tIC8IIba 1b8t mJabt be required to dIsøova- whctba' saå14X1Od1doos cxIst. Became tbe IIpIII'IIbcr Is DOt 8D c:xpcrt In the ficfd of CII\'ÙœDIaIIIII hBzanIs, 1bc appraisal report must DOt be 00IIIidcRd as 8D aMroøuIaJIaI_~ of the properly. 7. The aprnis« obIaIDcd the ÎIIiIrDIaIiOa, cstimaIa.lDI opiøioaa that were exprascd ia tbe appraisaJRpOIt trom __ tbat be or aile coœidc:ra to be tåIabIo and beIievœ than 10 be true aod oorrcct. ~ IIpIII'IIbcr docs not __ rcøpoœibiIity fiJr the acaJIW;)' of sud1 itana tbat _ fumiabcd by oilier pørtiea. 8. ~ apJnÌscrwi1l DOt disclose the coøtaJIs of the IIpp'IIisaJ report c:xccpt as provided for in the Uøifona SIaødards of Pzofe8sioaaI AppnIsaJ Practice. 9. The øppaiscr has bøscd his or II« appaisaJ report and wIuIIIIon coocIusiœ fiJr 8D øppnùsaJ tbøt is IUbjcct 10 saIisfiIc;Iory compIccioo.lqIIIÍn, or alteratIooa em the auumpIion 1bat comp1etIon of the improvaneata will be pc:rbmcd in a \WIIawmIiIœ 1DIIDDCr. 10. The appraiser must proride his 01" II« prior written coaseIá before the 1coderIclicot apecificd in the 8JIP1IÍI8l rcport am dIsIn"bule the appaisaJ report (incJudiDg ...,...,In.inn.o about tbe property wluc, the appaiser'. idcmity aDd pofcasIooaI ~ IIDd rdcaaaœø to any protèIsionaI øppnùsaJ orgaoizatioøs or tbe finn wI1h wbid1 the"""" Is asaoc:IJIcd) 10 8II,}'ODC odJao 1II1II the bonvwu; the IIIOItppc 01" ita _D auipJ; Ibt DIOIIpge ÜIIIInr; -~ I'"~ appnisa1 "9'"~; any IIItc œ- fedenUy approved fiøaaci8l ÌDIdÎtuIÍoII; or 8IQ' ~ qeocy. or ÌDsInIIIIIIIIIt althe 11DIœd SbIœa or any .. or the DlscrictofCoinmbltl; c:xccpt tbat tbe lalda(oIicot may dIaIributo 1bD properly daIcdptiœ 8cctiœ altbe npœt œIy to daIa coIIcctIœ or ftiIOIIiDg 1etVlc:e(1} widIout baYinø 10 œtaIn 1bD IIpIII8IIa'I prior wrIIIm CI1IIIICIIt. The II)IIInIiaa'J WJÌUCII. __ and IIppIOYIII ØIIIIIt also be obIaincd bcforc 1bc appraisal CJD be COI1VeYI'd by lIII)'OIIII10 1bc public bough acha1iJIJI& public rdatioJas. -. saJes. or DIher media. -....--- Pop I.n ___I_- I HAPlNAPPRAISAL & REAL ESTATE 14604 APPRAISER'S CEKTIFICATlON: The Appraiser c:atifics BOd agrees tbat: I. I have rescan:bed tbI: suI!Ject JIIIIIIœt IR'Ca BOd bave sdected 8 minimum of tbrce rœœt sales ofpopcrtics most similar IIIId pI'OJIÙDIIIC 10 tbI: subject popcrty fiJr QOIIIidcndoo in tbI: aaIa ~ mmlyIia BOd have JP8do 8 dollar IIIfiustmaJt wba1 IIpIII'CJIIriaœ 10 reflect tbI: JII8Iket reacdon 10 tIIOIc JtaIIS of sipI&8Dt wriadoo. If 8 significant iIan in 8 COØIIIIIIIbIc property is LIIJIICIriŒ to, or _ fimnbIc......1bc III1!Ject ¡npaty. I bavc JP8do a ~ lllijllll&mcá to redIIœ tbI: IId.Justt4 saIcs price oftbl: ~ amd, if 8 sIpific8Dt item in 8 wuJPIII'IIbIc property is iDferior to, 01' Icsa favorable...... tbI: IUbjcct property, I have made 8 posiIIvc 8I!ustmaIt to inInage 1be ad,justed l8Ies price of 1be COJIIJ8I1IbIe. 2. I have 1akm into ooøsideraûœ 1be faç¡g 1bat have l1li impect em VBIue in my devdopmc:ot of the estimate ofDllllbt VBIue in tbI: appraisal repòrt. I have DOt kDøwIDgIy wiIbhcld any sipific:IIßt io1Orm8Iiœ fiom Ibc IIpIJI'8i8aI report BOd I be1ìevc, 10 tbI: best of my IœøwIedgc, 1hat all sIIIII:IJIcIID BOd IDIbnDaIion In the appraIaal report arc true BOd coøcct. 3. I stated In 1bD IIIpnisaI report œIy my own pcnoIIIII. UDbiased, BOd pmfessiooaI aœJyses. oplnioos, BOd c:œclusiœs, which _1Ubjeçt œIy 10 1be cCIDIiDpat IIIIIi limiting cœdi1iœ& specified in ibis fi!rm. I cc:rtify 1baI, 10 1be best of lIlY kDowIcd&e BOd bdid: The sIIItaJIaà of filet c:œI8Ined in this report 8R! true BOd coøcct. The reported IIII8I;yses, opiDiœs, BOd oooeIlIIiOIIs are Iimiœd œIy by tile reported 8S8IIIIIptkm and IhnIted cooditiœs, BDd are lIlY persooaJ. impørtiaI, IIOd unbiased professioaal aœJyses. op/Dious, and CODclusiom. 4. I have DO presaIt 01' prospective intc:n:st in tile property tbat is tile subject of tbis report. and 110 pcnoaal intc:n:st wì1h rœpect 10 tile ¡wdes involved. I did DOt bae, ei1ber pIIItiaIIy 01' ccmpJeteIy. my ~ liliiii01' tbI: estimate ofllllllkd vaIue in 1hc IIppIIisaI report em tile raœ, color. reIf&ioa, -. hImdicap, fiaDIallUllus. 01' IIIIIœaI ori¡in of ei1berthe pmIICCIivc OWDL'.IS (]I' occupIIIts of tile subject property or of tile paeat OMICI'S 01' occupIIIIIS of tile popertieI in tile vicinity of tile IUbjcct property. S. I have DO presaIt (]I' ~1IIed tiIIuIe InIcmIt in tile subject property, BOd Dei1bcr my eum:ot (]I' tiIIuIe cmpIoymaJt nor my compeoøBtioa for pcrfiJImiDg this apIfIIÍS8I is CIIIIIIøga1t on tile apJIIBIIod VBIue of tile property. 6. My n>pgImlCÐt in tbis ~ was DOt COIItÎIIgœt upon dcvdopingOl'~pn:detcmIined results. My ~ fiJr compIcIiDg this ~ is DOl ~ upon tile deveIopmcat (]I' reporting of a ¡ndctamined VBIue 01' cIim:Iion in value 1bat fimn tile _ of 1hc ç)iaIt, tile 8IJIOIIId of1bc value opinion, tile attainmcm of a stipulated result, (]I' 1hc 0CÇID1'alCC of 8 subIequaJt CYaIt dim:dy maœd to 1be ÍDIr:IIdeCIuse oftbis appraisal 7. My ~ opioioas, amd coocIusicms wac developed, IIIIIi 1bis report has been prepared, in oon1brmity wì1h 1hc Unifurm ...... ofProfessioa8l AppnåøaI PnIc:tice in piece u of tile c:ð"øcIiw d8te of tis IIpp'8ÏI8I, wiIh 1be crœpdoo oftbe dc:pIIrturc provisiœ of1hose SIaDd8rda, whida docs DOl apply. I acknowledge dIIIt l1li esIimaIc of 8 reasonable time fur c:xposure in 1be opaIlII8dœt is a coodidœ in.1be dcfiuiIian of III8dœt VBIue BDd 1be estimaIe I developed is coosistent with the madœtIng time DDfed in 1be JOCigbbubood section oftbis report. uoJøu I have oIhrnrbe 2IIIœd fa 1hc RICODCiHadon section. I. I have ØIIIdo a peøooaI inspecdœ of tile property 1bat is 1be subject of 1bis report. I tùrth« cc:rtify dIIIt I have DDfed any I(JIJIRIIt or IœowD adYeøe coødiaIœs in tile IUt!icct ÙDpIOVCIIIaJIS, em 1be subject site. 01' em any sifo within tile immccIiate viciaity of!be subject property ofwblda I lID _ BDd haw JP8do ~ for tbcsc advax eœditioas in my 8IIIi)'sIs of !be property vaIue 10 !be c:xIaIt dIIIt I had marbt IIYidcoœ 10 support 1han. I have also commcmcd 1Ibout!be cffcc:t of!be adwne ooadItIœs œ 1be IIIIddabiHty of!be IUbjeçt property. 9. No one provided siguifiœot professioDal assfsIIIIICe 10 !be penon siping 1bis report. IfI !died en ai¡nifiamt pofœsiœal assistaDI:e 1iÐm any iDdmduaI (]I' iDdividuaJa In !be pc:rfånDaDœ of tile øppraisal 01' 1hc Jl"9aíìdlœ of1be IIppIIisaI report. I bave DIIIIIed audllDdhktuaI(s) BOd c1isc1œec11be øpocüic 18Ib perfiJmIed by tbem in 1be ~ secdonoftbis II{IIIIIIiaI report. I ~ tbat any iadividullllO IIIØICd is qualified 10 pcrfbnD tbI: 1IIIb. I have DOt 8IJIboriæII1m)'IJIIC to IDIIb a c::bøø8e 10 any item in 1be report; ibeIefiJre. if 8D 1I!IIIIIIbodæcI dIaDge is made 10 1be øppraisal report. I will ållœDO ~ for It. SUPERVISORY AP.I'IUISER'S CERTD'ICATION: If alllpClYÜoly appnúscr a1pcc11be øppraisal report. be (]I' she oca1ifIea 8Dd aareeS ibid: I cIircctly øupcniIc 1be IIIJII1IÎSCr wbo pI'CJJIRd!be &ppnisaI report. have rmcwcd the appraisal report. apec with 1be ataIemcIIÞ IIIIIi ......~,,;nn. of!be øpprais«. apec 10 be bound by 1be apprøIsa's certiticaIiœs DIIDIbered 41brough 7 8boYe, and _1aking tbI1 respoœibiIity mr 1bc appraisaIlIId the øppraIsøl report. ADDRESSOFPROPEllTY APPRAISED: 116NWUmAVB BOYNI'ONBBAŒI FL 33435 ~ ~_ =VBOIv.-m NllDc:Q SRA Name: DID . I)III;c Signod: SáIIe #I: ST.-CBRT.RE8.RBA.1229 FL S1*Ccrdt1œdoD': CJl'SIIde U_ #I: or SlIde LiecDse t#: &piraIiœ Døte ofCatifiœliœ 01' IJccose: llßOflOO4 &piraIiœ DIde ofCcrlificaliœ 01' Liccøsc: ... ,.n CHAPIN APPRAISAL & REAL ESTATE __~____---':_~__""" n__' _.__._,_,,-~ ~ . .......-...-.-.......__¿--- ","'- "_-0_. - .J- -,_.'Y~ .-- SKETCH ADDENDUM File No: 1-4604 IIcJIrvMr I C1iCIIt NIA Property Addreø 116NW ll1HAVB City BOYNrONB1!ACH Cøumy PALM BEACH StIdD ~ZlpCodc 3343S Leoda- City of~Bead1 r------, I I I I I I I I I ~: Carport : N N I I I I I 10.5' I 24.0' I I L______..I Bedroom Bedroom Bath Kit;hen' ~ b a$ Bedroom Q) .... .... Bedroom UloÍng Ene Room Porch 24.0' --~- ....-- ~ ,C!iÞ .....;..~.~:.~ *-- LMf!tS..wA ~ .... . ....... - -- 31'71.111 D'JC.III -- - CIIrpo:t D1._ ___ :/LOx ..0 U7UIO 1CTAL LNPaE (1OIIded) 1178 1 Catdstion TQ toII*f) 1178 CHAPIN APPRAISAL & REAL ESTATE SUBJECT PHOTOGRAPH ADDENDUM 14604 Boøowu NlA Property Address 116NW ll1HAVE City BOYNTONBBACH County PAUdBBACH Staœ .!'.L-Zip Code 3343S LeIIder City or&........ Beach FRONT OF SUBJECT PROPERIT REAR OF SUBJECI' PROPERIT STREET SCENE :HAPIN APPRAISAL & REAL ESTATE _ ~_~___~_a__"-~__ . <-<-. ---». .".... ~-~~----.. ,- -'-~-~&,,",,"""""_.>-~--""-~-'--" . - , . 'd BcIøoMr NIA Property ~ 116NWll'lHAVB City BOYNTONBEACH County PAI.MBBACH Stale 1'1--Zip Code 33435 LcDder Be8eh :;"-~~';: '. ~;...\-f'.;' >~- ~" ~ ':.~'" .:.,t~~~~ji!i:'~.·..'__...~.:",,~_·~~~~~!~5!: I ,. .' 'T.'Æ' '- ¡-~,' , .'.' <.- :,'.J \", ',' '''': y.. ....... ~/- ',. -, --·:1 ··~">~~';;¡'.s : - '.~'. ...- ;a - -. :, / p \ . -.....--.- , ;i . '" I~ ¡¡ø - , ,..-' . .. . . . : . . ,01 ~ NIA Pæpedy AddIœI 116NW llTIIAVE City BOYNTON BEACH CoooIy PALM BEACH Stale ~ZipCocle 3343S Leader . '_.I... ..: . '" " , " , k; " .$ t~~~ PLAT MAP 14604 . ~ NJA PIœatv Address 116NWllmAVB PALM BEACH Stale FL liD Code 33435 City BOYNl'ONBEACH CouoIv LaIdcF City ofBoyotoa BaldI ~ ' ".,......,~. ... .T. j.I.J......~ 11i· " 'JÆ. ". . . _ ' 11m . ~, ~ ]ji - ,..,. ~r' . ~ ~. :'. ... ~,. :. '. ~ :~", . L; . . ': f~ i~' :.' <¡'~ ____ }'D f. 11 12:.. " . fa ..... '." I Il¥ . . '..'~¡ T .:~'''''·.~~··IJ::.: ~~~:.·~.'·'~t;·' ,:~ I~; M.. . :.~ .iJN:ÄÈN · .. , ". '.' . ,.,< ..... - . ., '. ·U-t·II..· -"""""'"""""""""':':~''',IF'¡'H' .' 'AVJ ~ "'"; ,~ .:, . .... - ';",. ~~., ·w·:..';.j..,;,;· ',"''' ·w.... -, y ~ '- . ~ 1_ ,.,. , '-1,-30) . '-::, ,: ''"IV I~ 101 ~ )IIO¡; < -:;..> ~·C ;~:,', ," , .,. . . 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"'........ .. . ..._.--..ft.·..· '. "^'"'.......,..." .'. ~.-2Ð01 01HEREXPEAJeŒ: SPECIAL MAStER... VAWI! AOJQ$'TMENJ Ø(WU) - PALM BeACH COUN1Y - 1998-.2003 A1SSOCIAi1oM~PS: ~_Mnrure REA1.- '. '. ~" .-....... TH!' IEAtM: INC. 'j;" ...... .-.. . ~~..PAJ,M 8, PAST . '-Iry&· .1IEiR'ftCI;. ~.... .' '. .. '. ....--~ÕOINT115E. RÁP8 'lJiEvsR:. . . '.' ~'Mih' . . - ..... -' øbMDOFRE'ALtoRs.... ~APPIWSAL& REAL ESTATE .. : ADDITIONAL ATTACHMENT 14604 BcIrmwa' NIA Property Addn!8I 116 NW 11m A VB City BOYNfONBBAœ Couaty PALMBEACH State ~ZipCode 33435 LaIdeI- City ofBoyntœ. BCIIcb :Þ (") .... (:) ô1 ..þ:¡. . ......... a). N " ·to ., ,,- >; '., '" I··~ '> ¡ .~ ." - - ...... w~--~ ~. '.'.. "_.' '. 0';- . '~"._ .~. . ....., :'-" -' .,~ ";íft' \< ~~~,_ .~.'.'.'.." "'11' .........;t.... ."(. . ,..~ ~: '., -~ .y,' - -. -m . .... . . ....~. .iI.,.' ."~."'; ·.n· ..' . " . . , . :. ;'" .:. .., .;!J"""'<' .£... ' .', ··'·C.' . . 1:,~,...'·~j~':1 . ÓJ Jil!ø~ ã' ~ '.- )i> ;- .c ~;- ,td ':~.'. 'J!I . '.. I H G·', * '. .,:.=~ . .~ -'I!f t·l, .... := "I, '. .. ..' ~ t'-',- ~ '".- '. ~'!-. :HAPIN APPfW8AL.. REAL ESTATE ___._~~ ~ ___ ~."''''-'-''._~_'"'-__'u_~_....~_.~~_~''''_~~»___·___ ><-"...........-..-"'---....... VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.7. AGENDA ITEM REQUEST FO~___ Requested city Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meetinl!: Dates in to City Clerk' s Office Meetin2 Dates to City Clerk's Office ~ August 3. 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20. 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4. 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3,2004 (Noon) October 18, 2004 o September 21,2004 (Noon) September 7, 2004 o November 16. 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorization to execute by Resolution, Task Order No. U04-5-11B in the amount of $ 73,870.00 to CH2M Hill, Inc. for Testing and Reporting Services for Interim Mechanical Integrity Testing ofIW-l, the City's deep injection welL EXPLANATION: The City owns and operates a Class I municipal deep injection well (IW-I) and one (I) dual-zone monitor well that is located at the West Water Treatment Plant (WWTP). The injection well was constructed to dispose of the membrane softening concentrate from the WWTP. In 2002, the City discovered that the steel liner in IW -1 was severely corroded and would need to be rehabilitated. To rehabilitate the well, a fiberglass reinforced plastic (FRP) liner was proposed and ultimately installed inside the 16-inch diameter rmal casing. It was determined that the liner would be cemented from the base of the liner to land suñace in lieu of using a tubing and packer assembly. The Florida Department of Environmental Protection (FDEP) considered this an altemative design. As a result, the FDEP required an interim mechanical integrity test (MI'I) be conducted at the midpoint of the rIVe-year operating permit. The last MIT was completed on March 15, 2002; therefore, the interim MIT must be completed by September 13, 2004 to meet permit requirements. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM On July 2, 2004, a mini task order for $ 3,500.00 was authorized by the Interim Utilities Director to begin development of a draft test plan. When the draft test plan was delivered to the Utilities Department, Task Order No. U04-5-11 was defined to meet permit deadlines as weD as provide engineering services for bidding, construction observation and preparation of a summary report. In order meet the September 13th deadline, the initial task order was divided into two parts, U04- 5-11A and U04-5-11B. Task Order No. U04-5-11A (Part 1) was executed on July 23, 2004 for $ 5,130.00. Tbe purpose of this task is to obtain FDEP's approval of the proposed MIT methodologies. CH2M Hill will coordinate, attend, and provide d~umentation to FDEP to finalize and approve the testing plan. Task Order No. U04-5-11A allows CH2M Hill to proceed prior to the execution of Task Order No. U04-5-11B to saving valuable time. A copy of this task order a copy of the MIT Plan is attached. PROGRAM IMPACT: Task Order No. U04-5-11B (Part 2) consists of four sub-tasks: · Task 1 - Permitting and FDEP Coordination (authorized through Task Order U04-5-11A) · Task 2 - Contracting - Preparation of specifications and contract d~uments · Task 3 - Services During Construction - Resident observation for testing activities · Task 4 - Preparation of Summary Report - Report documenting MIT activities The cost for Task 1 is not included in Task Order No. U-04-5-11B for $73,870.00. FISCAL IMPACT: DESCRIPTION AUTHORIZATION ACCOUNT NUMBER AMOUNT Mini Task Order July 2. 2004 401-5000-590-96.02 WTR095 $ 3, 500.00 Task Order U04-5-11A July 23, 2004 401..5000-590-96.02 WTR095 $ 5,130.00 Task Order U04-5-11B A2enda 8-3-04 401-5000-590-96.02 WTR095 $ 73,870.00 TOTAL EXPENDITURES FOR MIT $ 82,500.00 This task order will be peñormed under the terms and conditions described within the General Engineering Agreement (RFQ #065-2821-03/CJD), approved by City Commission in November 2003. S:\BUll..ETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC .. ~ -_..:.&~~- ...._~ .-.~--~~._.>---._-~..-_~-_.....--->...,..........._""..._--,."..----- . .-----~-,-.........-~>---"'--~~~-_. ---.. -----." -- .<-""',. ...- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNA TIVES: There is no alternative. FDEP has specific guidelines that must be met in order to prevent permitting violations related to the IW-l. - ~ Kurt Btessner Interim L- City Manager Utilities Department Department Name City Attorney I Finance I Human Resources Attachments: Task Order No. U04-5-11B (three originals) Copy of Task Order No. U04-5-11A Copy of MIT Testing Plan bc Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Procurement Utilities File S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM-DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-5-llB, FOR THE TESTING AND 6 REPORTING SERVICES OF INTERIM MECHANICAL 7 INTEGRITY TESTING OF THE CITY'S DEEP INJECTION 8 WELL, IN THE AMOUNT OF $73,870.00, TO CH2M HILL; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 \VHEREAS, Task Order No. U04-5-llA (Part 1) was executed on July 23, 2004 for 13 5,130.00; and 14 \VHEREAS, This Task Order is to obtain FDEP's approval of the proposed 15 echanical integrity test (MIT) methodologies; and 16 WHEREAS, Task Order No. U04-5-llB (Part 2) consists of four sub-tasks; Task 1, 17 ermitting and FDEP Coordination (authorized through Task Order U04-5-11A); Task 2, 18 ontracting - Preparation of specifications and contract documents; Task 3, Services During 19 onstruction, Residential observation for testing activities; Task 4, Preparation of Summary 20 eport, report documenting MIT activities. 21 WHEREAS, The cost for Task 1 is not included in Task Order No. U-04-S-l1B for 22 73,870.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption 27 ereo f. 28 :ICA\RESOlAgreements\Task - Change OrderslCH2M Hill U040511B.doc _._.._---~-_.__._--~-- _~ .,...____"'........"""_<-~......~,__-<_ e;' c~,____>___..,,_........"_>-~~,__~ ._.,...,~--~ ,-.- 1 2 Section 2. The City Commission of the City of Boynton Beach, Florida does 3 ereby authorize and direct the approval and execution of Task Order No. U04-5-lJB with 4 H2MHILL for the testing and reporting services for Interim Mechanical Integrity Testing of 5 -1, the City's Deep Injection Wen, in the amount of $73,870.00. 6 Section 3. This Resolution shan become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of August, 2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 28 29 ity Clerk 30 :ICAIRESOlAgreementslTask - Change OrderslCH2M Hill U040511 B.doc CH2M HILL One Harvard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 . CH2MHILL Fax 561.515.6502 ~ July 21, 2004 Dale Sugerman Assistant City Manager City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Consultant Authorization U04-5-11A - Task 1 for DIW Mechanical Integrity Testing Dear Mr. Sugerman: CH2M HILL has submitted Task Order U04-5-11B to the City of Boynton Beach to perform mechanical integrity (MI) testing on the City's Concentrate Disposal Well at the West Water Treatment Plant (WTP). Per conditions of the City's operating pemút issued by the Florida Department of Environmental Protection (FDEP), an interim (mid-period) MI test is to be completed by September IS, 2004. To meet thÍ$ deadline, CH2M HILL is requesting the City to authorize Task 1 of this task order through Consultant Authorization Form U04-5-11A. In this manner, we complete administrative and coordination activities prior to Commission authorization. Task 1 consist of the following services: Task 1 - Permitting and FDEP Coordination The purpose of this task is to obtain FDEP's approval of the proposed MI test method- ologies. CH2M HILL shall coordinate, attend, and provide documentation of an FDEP meeting or other communication, if required, to finalize and approve the testing plan. Based on CH2M HILL's experience on similar projects for other clients, it is assumed that no permits or permit modifications will be required to complete this work. CH2M HILL shqll provide services to prepare a testing plan for MI demonstration of IW-l at the West WTP. The draft testing plan shall be submitted to the City for review prior to subIIÚttal to FDEP. Preparation and submission of a MI Test plan was prepared and subIIÚtted to the City on July 6, 2004. Authorization for a portion of this element was made under the General Engineering Task Order and was provided by the City on July 2, 2004. Fees for the preparation of the MIT Plan are not included as part of this task order. The City shall be provided with two (2) draft and three (3) final copies of the MI testing and all other correspondence with FDEP. CH2M HILL shall subIIÚt the testing plan to FDEP and other regulatory agencies as appropriate upon receipt of the City's comments on the draft . . GNV310038511155.DOCI042030032 . ---- '-~------_.. -<.<.~-"'- -~"""''''~''' -........_...~<- --- -<. ~-~----,~--...............,-~--.." .. -.'-_ "-c_ ><_'. _.________~->~-_.~_ >-~------~-¡.o .__"'_~-.>_'4_'<'__ Dale Sugerman Page 2 July 21, 2004 testing plan. The balance of Task 1 activities will be authorized by the Utilities Department through a Consultant Authorization Form U04-5-11A. The fee associated with Task 1 activities include the following: Labor (42 hours)=$4,930 Expenses=$200 Total=$5,130 All activities associated with Task 1 will be invoiced on a time-and-materials basis in conformance with the conditions of the General Engineering Agreement between CH2M HILL and the City of Boynton Beach dated November 2003. Task 1 activities will be completed during the week of August 1,2004, and will lead into the balance of Task Order U04-5-11B activities. Please provide authorization so that we can continue work on this project and meet the FDEP testing schedule. Sincerely, CH2M HILL ~éO£ Rick Olson, P.E. Client Services Manager Approved by: ~ d. Dated this 23 day of July, 2004 Assistant City Manager c: Paul Fleming/City of Boynton Beach David Smith/CH2M HILL . . GNV310038511155.DOCI04203OO32 ATIACHMENT A Mechanical Integrity Testing Plan For the City of Boynton Beach Reverse Osmosis Water Treatment Plant Injection Well The City of Boynton Beach (CITY) owns and operates a Class I municipal deep injection well system that consists of one deep injection well (IW-l), and one dual-zone monitor well (MW-1). The final casing string of injection well IW-1 is 16-inches in diameter and is set to a depth of 2,780 feet below land surface (bls). The 11.78-inch outside diameter fiberglass reinforced (FRP) tubing is installed inside the 16-inch diameter casing at a depth of 2694 feet bls with an external casing packer (ECP) installed from 2,694 to 2,712 feet bls. The well has a total depth of approximately 3,312 feet bls and was constructed to dispose of the membrane softening concentrate from the membrane softening water treatment plant (WTP). MW-l, constructed on the same pad as IW-1, monitors two intervals at 970 to 1,084 ft bls and 1,800 to 1,855 ft bls. As specified in Permit No. 178213-001-UC, Specific condition 6.d the injection well must demonstrate an interim pressure mechanical integrity every 2.5 years. Mechanical integrity (MI) for injection well IW-l was last completed on March 15, 2002. The next interim MI demonstration, therefore, must be completed by September 15,2004. The MIT will include performance of the following tests on the injection well: 1. Casing Pressure Test 2. Internal RTS Internal mechanical integrity will be demonstrated by conducting a pressure test on the final liner of the injection well. As part of this MIT plan CH2M HILL is proposing that testing include an internal RTS. This test will be performed in addition to the standard casing pressure test so that baseline testing can be completed to enable the future use of the internal RTS in place of a casing pressure test for demonstrating internal mechanical integrity (MI). The internal RTS method is a US Environmental Protection Agency (USEP A) approved method for demonstrating internal MI and is less costly (about $20,000 to $30,000 less per well per event) than packer testing, is less invasive to the well, and can be performed more quickly with less downtime than conventional packer testing. The internal RTS methodology is currently approved by the FDEP for use on ten domestic effluent Class I injection wells located in Pinellas County following satisfactory baseline testing performed on those wells using both packer testing and RTS methodology. The proposed initial interim testing program includes the use of packer testing and internal RTS testing in order to gather baseline information to evaluate internal RTS results at a time when internal MI has been successfully demonstrated with packer testing. . . MITpLAN070604-BOYNTON1 1 ~.- - .-. -'~~----~~--'-~-~~.~----- . _ >.~~.~.___ _.__- -'<_ _<^" _'f.n_'_ ..__-__....,~..,...~._,.._ ...___,_ ~____''''>_-__''_.'C___.'_ _ ~ -- Please note that the MIT plan prepared for the CITY will follow a list of FDEP standards and requirements for the scheduling and completion of the MIT and the MIT final report. That list is as follows: · The FDEP will receive a 72-hour notice prior to performance of the casing pressure test and the RTS (internal). · While the injection well is removed from service, discharge flow from the WTP will be routed to the City's sanitary collection system and pumped to the South Central Regional Wastewater Treatment Plant for treatment, per the previously subllÙtted and approved operation and maintenance manual. · A check valve will be provided for all potable water connections during the MIT for backflow prevention. · The pressure gauge used for the casing pressure test will be calibrated within 6 months prior to conducting the pressure test. A copy of the calibration certificate of-the pressure .. gauge used for the pressure test will be provided as an appendix to the final MIT report. Prior to beginning the pressure test, a copy of the pressure gauge calibration certificate will be given to the FDEP personnel on site to witness the test. · A preliminary casing pressure test will be conducted prior to confirming with FDEP the date and time of the casing pressure test. · The RTS (internal) will be conducted after completion of the casing pressure test. · Monitor well water quality data (2.5 years) will be evaluated and subllÙtted in tabular and graphical form as part of the final MIT report. · A final MIT report, including a description of tests performed, results, and interpreta- tion will be subllÙtted to the FDEP and Technical Advisory Committee for review and approval following completion of testing. · All geophysical logs and casing pressure test data will be provided as an appendix to the final report. · A copy of the Geiger counter survey conducted prior to and after performing the RTS (internal) will be provided as an appendix to the final MIT report. Injection Well MIT Plan , , Casing Pressure Test 1. The well will be killed using brine for density control prior to removal of the injection wellhead and installation of the inflatable packer. 2. An inflatable packer will be set to a depth that is no more than 25 feet above the base of the final casing of the well. 3. A calibrated pressure gauge with a minimum range of 0.0 to 200.0 pounds per square inch (psi) .wpl be installed on the injection well wellhead. MITplAN070604-B0VNTON1 2 4. The well and all equipment lines will be completely filled with water before pressuriz- ing the casing to a minimum of 150 psi. Any air that may have been introduced into the system while filling with water will be bled off to ensure that the casing is completely filled with water. 5. The casing test will begin 15 minutes after pressurizing the casing to a minimum of 150 psi. 6. The casing pressure will be monitored for 1 hour. 7. Water from the casing will be released until the casing pressure has declined to static background levels. While releasing water from casing, the volume of water will be measured and recorded as part of the pressure test. 8. The well will be killed using brine for density control prior to removal of the inflatable packer and reinstallation of the wellhead. 9. The test will be considered acceptable if a pressure change of plus or minus 5 percent or less occurs during the one hour pressure test. Internal RTS Mechanical Integrity Test Demonstrations 1. Notify FDEP at least 72 hours prior to initiating the internal RTS MIT. 2. The internal RTS will be conducted following successful packer testing. 3. Prior to conducting the RTS, perform a background Geiger counter survey of the site 4. Run a gamma radiation (GR) background log and casing collar locator (CCL) log of the well prior to loading the tool with Iodine-131, for use during the internal MI demonstration. 5. Load the RTS tool with Iodine-131 tracer that has an activity of 40 mG. 5.1. Place ejector port of the RTS probe at approximately 100 feet below land surface (bls) and release up to 4 mCi of tracer slug (Iodine-131) under dynamic conditions at an injection velocity of six (6) to seven (7) feet per minute (28-33 gpm); note time and concentration of tracer release. Confirm tracer ejection and downhole velocity by monitoring when the slug has passed the middle and lower gamma detectors. Reposition tool upwards 30 , ,to 50 feet. 5.2. Continue injecting into well until sufficient travel time has elapsed to displace the tracer slug approximately 300 to 350 feet. Record volume pumped for displacement and time of pumping. 5.3. While continuing to inject into the well, begin logging downward until the upper GR detector (GRT) reaches a value of 100 API units. Compare observed depth to top of tracer slug with calculated depth based upon displacement volume pumped. . . MITPlAN070604-BoYNTON1 3 -- -"...__",,~_.o-_'__"__4____ -·-___."_L~__.__....=~.....~_.Æ~__~___~_ - --~~~-...~---'~~--.~,...~-""-. -.-.- -_.-~ ..". - ----.---_. ---- . 5.4. Log out of position upward, keeping the GRT detector below the potentially stained injection point, until good correlation is achieved with the background gamma radiation log. 5.5. Repeat steps 5.2 through 5.4 until the tracer slug has been displaced approximately 750 to 800 feet. 5.6. Flush the remaining tracer material out of the casing and complete a GR log from the base of the casing to a point 50 feet above the previous depth where correlation with background existed. 6. Repeat steps 5.1 through 5.6 until the bottom of the casing is encountered. There must be at least 50 feet of overlap between the next ejection depth and the previous tag depth of 100 API units. 7. When the bottom of casing is reached do the following: 7.1. Log out of position upward to a point 50 feet above the previous background correlation. 7.2. Lower logging tool to the total depth (TD) of the well, and while flushing, release the remaining tracer. 7.3. Complete a background GR survey from TD to land surface. Additional surveys may be necessary if a potential leak is identified for verification. Once testing has been completed, the well will be reìumed to operation. , , . . MITplAN07060~YNTON1 4 Task Order No. U04-5-11 B Testing and Reporting Services for Interim Mechanical Integrity Testing of IW-1 at the West Water Treatment Plant for the City of Boynton Beach A. Background In 2002, the City of Boynton Beach (City) discovered that the steel liner in injection well IW-l was severely corroded and would need to be rehabilitated. To rehabilitate the well, a fiberglass reinforced plastic (FRP) liner was proposed and ultimately installed inside the 16- inch diameter final casing. It was determined that the liner would be cemented from the base of the liner to land surface in lieu of using a tubing and packer assembly. The Florida Department of Environmental Protection (FDEP) considered this to be an alternative design and as a result, required an interim mechanical integrity test (MIT) be conducted at the midpoint of the 5 year operating permit. With the last MIT completed on March 15, 2002, the interim MIT is to be completed by September 15, 2004. The City has requested that CH2M HILL conduct the interim MIT in a "turn-key" manner, inclusive of contractor testing services. CH2M HILL will provide engineering services that include: preparation of a testing plan and specifications, conducting bid phase services, subcontracting testing services, providing onsite resident observation during testing and preparation of an engineering report. Task Order U04-5-11B will consist of four tasks that are defined in Section B. B. Scope of Services Task 1- Permitting and FDEP Coordination The purpose of this task is to obtain FDEP's approval of the proposed Mechanical Integrity (MI) test methodologies. CH2M HILL shall coordinate, attend, and provide documentation of an FDEP meeting or other communication, if required, to finalize and approve the testing plan. Based on CH2M HILL's experience on similar projects for other clients, it is assumed that no permits or permit modifications will be required to complete this work. CH2M Hill shall provide services to prepare a testing plan for MI demonstration of IW -1 at the West WTP. The draft testing plan shall be submitted to the CITY for review prior to submittal to the FDEP. Preparation and submission of a MI Test plan was prepared and submitted to the City on July 6, 2004. Authorization for a portion of this element was made under the General Engineering Task Order and was provided by the City on July 2, 2004. Fees for the preparation of the MIT Plan are not included as part of this task order. DFB\TSK ORD_04-05-11_072104.00c 1 ,,--~.~---~.,,----------- ...... ....-----------._~--. _ _ "' _____,_.c_~~O"".~·_."'__#,__,~__'~_____~,_"".~.¿......__..___-·· >-~.----."",--.;-~_.~_.~,-- ..~--... _____c_,~___">·__ The CITY shall be provided with two (2) draft and three (3) final copies of the MI testing and all other correspondence with FDEP. CH2M HILL shall submit the testing plan to FDEP and other regulátory agencies as appropriate upon receipt of the CITY's comments on the draft testing plan. The balance of Task 1 activities were authorized by the Utilities Department through Consultant Authorization U04-5-11A on July 21,2004. Task 2 - Contracting CH2M HILL will prepare specifications and contract documents for the mechanical packer pressure test and internal radioactive tracer survey (RTS) testing procedures to demonstrate MI for the injection well The CITY shall be provided with two (2) draft copies for review, and three (3) final copies of the bid package for distribution to CITY staff. CH2M HILL shall provide any copies of the contract documents required for submittal to the FDEP. CH2M Hill shall submit the final bid package to up to three (3) qualified bidders and evaluate the proposals of the respondents. Upon evaluation, Œ2M HILL will award the contract to most qualified bidder. The award will also consider price and the Contractor's ability to meet the project schedule. The selected Contractor shall contract directly with CH2M HILL to conduct both the mechanical packer pressure test and the internal RTS survey and any other related services deemed necessary to complete the MI demonstration. It is assumed that these servíceswill be let under one contract. Task 3 - Services During Construction During field activities, CH2M HILL will provide resident observation on a full-time basis to observe all testing activities. The resident observer will be supported by a senior engineer for the duration of field activities. The resident observer shall prepare daily reports for each day of resident observation provided. The CITY shall receive copies of the daily reports documenting the testing activities in the final report for the MIT activities. For the purpose of this proposal, it is assumed that the field engineer will be dedicated to this project and will be working on a full time basis during the entire task for up to 5 days. Task 4 - Preparation of Summary Report Upon completion of the testing activities, Œ2M HILL will prepare an engineering report documenting the MI testing activities. The report shall include an analysis of the data and results, and will provide applicable recommendations for follow-up work (if necessary). The CITY shall receive one (1) draft report and three (3) final signed and sealed copies of the engineering report and associated geophysícallogs. Œ2M HILL will also submit the engineering report and associated geophysícallogs to the FDEP Technical Advisory Committee (TAC). DFB\TSK ORD_04-DS-11_072104.DOC 2 C. Assumptions · CITY representatives will attend the pre-construction conference. · CH2M HILL will coordinate with the CITY and the testing subcontractor to allow access to the injection well (IW-1). · The basis of testing for this task order is the MIT plan submitted to FDEP, additional testing or field evaluations are not included as part of this task order. · No permits are anticipated - permitting services are not included in this task order. · The City will complete their review of the draft final report within one week of submittal. · The fee associated with the testing Contractor has been estimated by CH2M HILL using informal methods. Should the fee exceed the estimate, additional funding will be required. Contrarily, if the fee for the testing is below the estimate, the balance of the estimate will be lffiused and returned to the City. The fee estimate for testing services includes a 10% mark-up to cover administrative costs, risk, and the time-value of money. D. Contract Reference This Task Order shall be performed lffider the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 2003, between the City of Boynton Beach and CH2M HILL, Ine. E. Compensation Compensation by the CITY to the CONSULTANT for Phase I will be on a time and materials basis in accordance with the above mentioned Agreement. The estimated compensation for the services descn"bed in this Task Order is $73,870 as shown in Table 1 while a break-down of labor classifications are provided in Attachment A. DFB\TSK ORD_04-05-11_072104.DOC 3 < -~--'-~'-'~ ....-...---- - < __._ <~o____~.._c___~~, ....___~ __>,,_.-._~_"'____" _~-....-,-_.- ~._",>-~. ___.--'---'......._..0-->._-_._ _._, .-----,--- - .~~- ..--..--», ~..,- TABLE 1 West WTP IW-1 Interim MIT Labor Labor Cost Expense Subcontractor Total Hours Cost Cost Task 1 - Permitting & FDEP Coordination (a) Task 2 - Contracting 44 $5,150 $250 $0 $5,400 Task 3 - Services during 82 $8,400 $550 $54,450 $63,400 Construction Task 4 - Preparation of 46 $4,670 $400 $0 $5,070 Summary Report TOTAL 172 $18,220 $1,200 $54,450 $73,870 Note: (a) - Partial funding of $3,500 for this task was approved under the General Services Task on July 2, 2004 to meet the time demands for this project. The balance of Task 1 was funded through Consultant Authorization U04-5-11A, approved on July 21, 2004. Fees associated with these services are not repeated in this task order. F. Schedule The CONSULTANT will commence the services described above upon receipt of written authorization and will complete the work according to the table below. Permitting, Project Design, and Bidding Notice to Proceed - August 3, 2004 and Subcontracting of Testing Services Complete Task 1 - August 1, 2004 Complete Task 2 - August 20, 2004 Services During Construction / Begin Testing Activities/Task 3- September 1, Resident Observation / Engineering 2004 Support Compete Testing/Task 3 - September 8, 2004 Submit Summary Report/Task 4 - October 29, 2004 DFB\TSK ORD_04-05-1 C072104.DOC 4 G. Authorization DATED this ~I day of Iifdo ,2004 CITY OF BOYNTON BEACH CH2M HILL, wc /7 #" /7 j /// I /Z 0 /:44 , ~ Kurt Bressner :~Oth·.5 ,P.G. City Manager Office Manager Attest / Authenticated: City Clerk .........." WENDy STACV :~r~ MY COMMISSION' DO 316277 ª*; : : EXPIRES: June 16.2008 ~¡¡¡;~/l BoncIod Thru NcI8IY P1t>IIc UndefWr\IeIS Approved as to Form: ~ Authenticated, Office of the City Attorney ~~S-kV (JI/;}IYJIII cL DFB\TSK ORD _04-05-1 C072104.DOC 5 ~--- -----.~£_-~~._..~_.-..,~~ ~-~---"'-'.-.--"-'--~-~-~' ~-----------;-'-""""'-----""~-"'~~"'--'---------~' -. ----~~~~-_.......-"'- - -"_0"","_ .,.a... ATTACHMENT A Boynton Beach MIT e CH2MHILL level of Effort .... Chargeable Tasks without Period Subtotals Functional Name Category Hours Rate Amount Notes Task MI.02 - Contracting SCHILLING, MARK A Engineer F 16.0 $85.00 $1,360.00 Hydrologist FRITCH, MOllY E Senior Admin 8.0 $75.00 $600.00 Support SKEHAN, SEAN T Senior Project 4.0 $160.00 $640.00 Manager SMITH, DAVID K Senior Project 16.0 $160.00 $2,560.00 Manager Subtotal for Task MI.02 - Contracting 44.0 $5,160.00 Task MI.03 - Testing OLIVER, WILLIAM Admin Support 2.0 $54.00 $108.00 SCHIlliNG. MARK A Engineer F 60.0 $85.00 $5,100.00 Hydrologist SKEHAN. SEAN T Senior Project 4.0 $160.00 $640.00 Manager SMITH, DAVID K Senior Project 16.0 $160.00 $2,560.00 Manager Subtotal for Task MI.03 - Testing 82.0 $8,408.00 Task MI.04 - Reporting OLIVER, WILLIAM Admin Support 2.0 $54.00 $108.00 SCHILLING, MARK A Engineer F 24.0 $85.00 $2,040.00 Hydrologist WILLOUGHBY, YVONNE A Senior Admin 8.0 $75.00 $600.00 Support SKEHÀN, SEAN T Senior Project 4.0 $160.00 $640.00 Manager SMITH. DAVID K Senior Project 8.0 $160.00 $1,280.00 Manager 46.0 $4,668.00 VI.-CONSENT AGENDA . ITEM D.l. CITY OF BOYNTON BEACF AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office [8] August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Adnùnistrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board on July 27,2004 with a 7-0 vote recommended that the subject be APPROVED with a recommendation that the uses be treated as conditional uses when fronting on both arterial and collector roadways. The Community Redevelopment Agency Board recommended approval on July 13, 2004, and that special provisions not be included for non-conforming uses, thereby allowing them to become legal, non-conforming. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-167. EXPLA1"lATION: PROJECT: Non-residential uses in single-faßÙly zoning districts (CDRV 04-008) OWNER: City-initiated DESCRIPTION: Request to amend Chapter 2, Zoning, Section II with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature lanning an oning rrec r City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 04-008 Non-residential uses in single-family\Agenda Item Request Non-residt. uses in single-family consent CDRV 04-008 8-3-04.doc S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-167 TO: Chair and Members Community Redevelopment Agency Board FROM: Michael W. Rumpf \'\Je-- Director of Planning and Zoning DATE: July 8, 2004 SUBJECT: CODE REVIEW I CDRV 04-008 Non-residential uses within residential (single-family) zoning districts NATURE OF REQUEST AND SUMMARY Staff is proposing amendments to the Land Development Regulations intended to reduce potential negative impacts upon single-family neighborhoods from non-residential uses. The proposed amendments would add locational requirements, minimum lot size and frontage standards, landscaping and buffering requirements, and the conditional use process for selected non-residential uses proposed within any zoning district limited to single-family homes. Staff concludes that churches, schools, and day care uses should continue to be allowed within residential zoning districts. However, since they often perform inconsistent with residential environments, particularly in terms of traffic characteristics, additional regulations are warranted. Staff recommends that churches and schools (similar to day care uses) should be restricted to 1 acre or greater parcels located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to adequately screen them from adjacent residential properties. Staff also recommends that churches and schools within single-family zoning districts be allowed by right when fronting arterial roadways and be treated as conditional uses when fronting collectors. The intent is to allow for the appropriate case-by-case review and application of additional requirements to address potential incompatibilities such as outdoor play areas, project size, etc., and to facilitate public notification and involvement. To provide direction and support for the subject analysis that is facilitated by the conditional use process, staff further recommends that specific text be included that describes the necessity to maintain uses that function compatibly with residential neighborhoods. BACKGROUND Following the site plan approval of a church within an R-1-AA, Single-family zoning district, in 2003, and the realization of the potential impacts upon single-family neighborhoods from non-residential uses, staff proposed to the Commission the use of the Zoning in Progress process to postpone processing of any similar requests while the city zoning regulations were evaluated. A corresponding Notice of Intent (NOI) was approved by the Commission on February 17, 2004. The NOI was approved for a period of 6-months, during which time staff would complete a study and if necessary, propose code amendments to ensure the continued preservation of single-family neighborhoods. The analysis of the code is completed and recommendations formulated for Board and Commission consideration. ANALYSIS Existing regulations The city's single-family zoning districts include R-1-AAA, R-1-AAB, R-1-AA, R-1-A and R-1. The list of those uses currently allowed within these districts is as follows: -- --~ - "'I!'-,--~,,~.....----.,,,,-,- - .___"",__~ Page 2 CDRV 04-008 a. Single-family homes; b. Churches/places of worship on a minimum of one (1) acre with a minimum frontage of 150 feet (and accessory uses), daycare and pre-school requiring conditional use approval; c. City-owned and operated facilities; d. Private golf courses and associated clubhouse and recreational facilities; e. Primary and secondary schools, seminaries, colleges and universities as conditional uses; f. Home occupations conforming with respective supplemental regulations; g. Community residential homes with 6 or fewer residents subject to state laws and distance separation; and h. Nursery schools, day care centers and other preschool facilities as conditional uses and conforming with respective supplemental regulations. The newest item to this list is item "h", nursery schools, which was added following a private petition in 1999, which was justified, in part, by the general and geographic needs for such uses, and the close relationship between single-family neighborhoods and nursery schoollday care uses. City staff supported this addition to the zoning regulations, contingent upon the inclusion of location and site standards necessary to minimize impacts upon single-family neighborhoods. These requirements were placed in Section 11. Supplemental Regulations of the City's zoning code. The use "nursery schools", and the corresponding supplemental regulations were used, in part, as a basis for conducting this review and formulating appropriate code amendments. Historically, such non-residential uses, mainly churches and schools, have been permitted uses within single-family zoning districts, as such uses typically served residents within the adjacent neighborhoods. Since such uses were primarily attended by local residents, the size of such uses would be proportional to the subject neighborhood, and vehicular traffic impacts would be minimal. In essence, such uses were compatible with the residential environments within which they were located. However, significant changes in population growth, mobility, and social characteristics have significantly changed the basic "neighborhood" and what are cohesive non-residential uses. Non-residential uses that do not primarily serve adjacent neighbors, have higher traffic characteristics, which may exceed those which are normal to a single-family neighborhood. Since such uses could always potentially serve a portion of local residents, and warrant maximum zoning district options, non- residential uses should not be removed entirely from single-family zoning districts. Proposed amendments Staff used the analysis and conclusions from the previous code review regarding day care uses, and conclude that the principal impacts of such non-residential uses related to traffic, and can be avoided by limiting them to properties at the periphery of single-family zoning districts. Traffic and other incompatible factors would be addressed by a few recommended code amendments, as described below. Location: Non-residential uses could be limited to the periphery of single-family zoning districts by restricting them to specified types of roads. This method was used in accommodating day care uses within residential districts, which limits them to only properties that have frontage along state and county arterials, and county collectors. This allows them in close proximity to residential environments yet prevents or minimizes traffic impacts upon local streets. Lot size and frontaae: By establishing a minimum parcel size and frontage, only those parcels that can accommodate proper site design, including parking areas, building location, and the aforementioned landscaping and buffering requirements, are used for such non-residential uses. Staff recommends that the minimum Page 3 CORY 04-008 acreage standard of 1 acre currently applicable to churches, continue for all churches, and also apply to schools, leaving the one-half (0.5) acre standard in place for day care uses. Staff also recommends the addition of a minimum frontage requirement to prevent narrow and deep properties from being used for churches and schools. This requirement is appropriate as the potential for impacts will increase as design options are reduced, including the reduction in distance between parking areas and homes. Staff recommends that a minimum standard of 150 feet be required for churches and schools. Staff does not recommend an increase in the minimum land area for day care uses, nor the addition of a frontage requirement for day care uses, as such uses typically have minimal impacts on residential neighborhoods being attributed to operational characteristics, minimal parking needs, and project sizes. Bufferina and landscapinQ: The peak operations of many churches occur during the quieter periods of residential neighborhoods. Further, the characteristics of churches and schools that are most incompatible with residential environments are primarily vehicles and parking areas, and secondarily, outdoor recreational areas. Therefore staff recommends that additional buffering and landscaping requirements apply along parking or vehicle use areas. Staff recommends a minimum buffer width of 5 feet, along vehicle use areas, and that the "barrier" landscaping requirement apply. A landscaping barrier is currently required in specified situations where a solid screen is warranted to adequately buffer certain uses immediately upon planting. The minimum width of 5 feet would double the buffer width currently required, would increase the physical distance between uses, and provide the needed space for the improvements required to comprise a landscape "barrier". Additional width and plantings may be required depending on the distance separation between parking and other active areas and adjacent homes. The conditional use requirement, as recommended below, would facilitate the requirement for appropriate and greater buffering as just described. Staff also recommends that existing regulations be amended to also add this buffer/barrier standard to day care uses. Conditional use: In order to allow for the case-by-case review and application of appropriate site or other requirements, as necessary to address site or operational impacts, staff recommends that churches and schools fronüng collector roadways also be conditional uses. This will also ensure that unique site characteristics are properly reviewed, such as outdoor play areas, and that appropriate notification of, and involvement by, affected residents. Existing uses The potential always exists to create non-conforming uses through more restrictive code amendments. With respect to public schools, only one elementary school is zoned a single-family district (R-1), but located consistent with the proposed locational criteria. As for future locations, location and property criteria of the school district will likely exceed any standards proposed herein. However, in the unlikely event that a school site is identified that does not meet the roadway standards recommended by staff, and if the community supports such a location, than a code amendment would be warranted. With respect to churches, after a cursory review of church locations, staff identified seven (7) churches possibly operating within a single-family zoning district and not located on an state or county arterial, or county collector. These existing churches would therefore become "non-conforming" under the proposed amendments, unless provisions were included, similar to that which is applicable to day care uses, exempting pre-existing uses from the new restrictions to allow minimal site improvements and expansions. However, the conditional use requirement should still apply to such uses to facilitate the appropriate review against changes that would further impact adjacent residential properties. As for the locations of existing, potential non-conforming churches, three (3) of the seven (7) churches described above are located within the Heart of Boynton Redevelopment Area; however, the majority of churches within this redevelopment area are not zoned a single-family district, and would therefore - ~-__.A-Y'_'7'"_--""..."...-o..._~_",',~,~_-,,,,~,_",->~-,___ ~'.'" Page 4 CDRV 04-008 not be affected by the proposed regulations. Comparison analysis The comparable regulations of only two adjacent jurisdictions were considered in this analysis, the Cities of Lake Worth and Delray Beach. Both jurisdictions currently have corresponding regulations that are more restrictive than currently in place in Boynton Beach. Both Lake Worth and Delray Beach simply subject both churches and schools, proposed within single-family zoning districts, to the special exception or conditional use process, and Lake Worth only allows day care uses as ancillarv to a permitted use in a single-family zoning district. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations be approved. Staff further recommends the extension of the Notice of Intent by a minimum of one (1) month to allow time to adopt the corresponding ordinances prior to its expiration. MR S:\PtanningISHAREDlWPlPROJECTSICODE REVIEW\Non-Residential Uses (Chuches. schools..)\SIaff Report-non residential uses in sf districts rev.doc VI.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEACE 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' 5 Office [g August 3, 2004 (Noon.)July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon)August2,2oo4 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004 D September 21,2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF [g Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-174. EXPLANATION: PROJECT: Boynton Commerce Center Lot 3B (USAP 04-004) AGENT: JoDi Brinkman, AlCP / Winston lee & Associates, Incorporated OWNER: Levitt Commercial LOCATION: South of Woolbright Road on Corporate Drive DESCRIPTION: Request Use Approval for air-conditioning installation and repair business with associated truck parking on Lot 3B only. PROGRAM IMPACT: N/A ~ FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature lamring a Zonmg Director City Attorney / Finance / Hwnan Resources S:\Planning\SHARED\WP\P OJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\Agenda Item Request Boynton Conunerce Ctr Lot 3B USAP 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-174 STAFF REPORT TO Chairman and Members Planning and Development Board and City Commission I ¡:·.'U Michael Rumpf Director of Planning & Zoning ~- ;~()YI: Eric Lee Johnson, AICP ?f Planner f·,"-E: July 22, 2004 P,JUECT NAME/NO: Boynton Commerce Center PID / (USAP 04-004) P [-QlÆST: Use Approval for air-conditioning installation & repair business with associated truck parking on Lot 3B only ---<.--- .....- PROJECT DESCRIPTION k O¡)\.::lty Owner: Levitt Commercial ó,<,.;ent. Joni Brinkman, AICP / Winston Lee & Associates, Incorporated '._e~aUon: Lot 3B, Boynton Commerce Center PID e",¡s\;:¡g Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) Pruposed Land Use/Zoning: N/A Proposed Use: Air-conditioning installation & repair business with associated truck parking on Lot 3B only (see Exhibit "B" - Proposed Revisions to the Approved List of Permitted Uses) '.Ttdqe: + / -3.8 acres (Lot 3B) AdJacent Uses: North: Developed Boynton Commerce Center lot 3-A (Lowe's) with a local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Developed office / industrial Boynton Commerce Center Lot 3-C with a Industrial (I) land use designation, zoned Planned Industrial Development (PID); ..._,_~'"'- ~ ___~... =,_'"""'...."".,~_. ~_, ___~ ,__ _,_u __.+_._______-,><c'J_ <>___ Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 2 East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way for Interstate 95; and West: Vacant industrial property, Boynton Commerce Center Lot 3-H, classified Industrial (I) and zoned, Planned Industrial Development (PID); still farther west is developed residential property with a Moderate Density Residential (MoDR), zoned Single Family Residential (R-1-M). BACKGROUND Ms. Joni Brinkman, agent for the owner has submitted an application for use approval in the Boynton Commerce Center Planned Industrial Development (PID) (see attached location map - Exhibit "A"). Each Planned Industrial Development (PI D) has a list of permitted uses. In short, the use approval list includes a wide variety of uses and intensities, which range from very industrial to commercialized industrial-type uses (see Exhibit "B" - Proposed Revision to the Permitted Use List). The City has witnessed much activity on the subject property subsequent to its change in ownership. In the summer of 2003, Ms. Brinkman, on behalf of Nayrot Realty, Incorporated, made a use approval request (USAP 03-002) to allow "retail" and "commercial" uses within the building proposed on Lot 3B of the Boynton Commerce Center PID. Staff had concerns over the incremental loss and conversion of industrially-zoned lands to commercial properties by allowing retail type uses on them. However, staff also recognized that Lot 3B would be a very attractive location for retail users because of its close proximity and high visibility to the Lowe's Superstore. After careful evaluation, staff recommended approval of Ms. Brinkman's request of allowing 100% retail on Lot 3B, however, contingent upon the following conditions: · That retail operations would occur only in the western 49% portion of the proposed building on Lot 3B only, which would be regulated by the site plan of record and that the uses covered under Section B.A.1.c. (2), (3), and 'furniture' be limited to a maximum square footage of 10,000 square feet; · That uses covered under Section B.A.1.c (14) would not be allowed the retail option; and · That as agreed to by the applicant, there would be no retail sales allowed in the remainder of the building. Ms. Brinkman's use approval request (USAP 03-002) was subsequently approved by the Planning & Development Board and the City Commission. In December of 2003, Southern Dance Studio made a separate application to modify the Land Development Regulations (CDRV 03-005) to allow dance instruction operations in the M-1 zoning district. Although the application was made primarily for a separate property elsewhere in the City, its subsequent approval has an impact on all properties with industrial zoning. In opposition to that request, staff argued that dance instruction operations would be an inappropriate use in the M-1 zoning district. The applicant's justification for the request was that "dance schools require high Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 3 ceilings (minimum 16 feet) for lift work and hanging of fans, and relatively large open rooms". The City Commission approved the request to allow dance studios as conditional uses in the M-1 zoning district pursuant to Ordinance 04-002. In April of 2004, Ms. Joni Brinkman, on behalf of Southern Dance Studios, submitted a request for use approval (USAP 04-003) to allow dance studios as a permitted use on Lot 3B of the Boynton Commerce Center. The City Commission approved that request on July 6, 2004. Now, Ms. Brinkman is requesting use approval to aI/ow an air-conditioning and repair business with truck parking to occupy a 3,162 square foot bay of the building currently under construction on Lot 3B (see Exhibit "D" - Letter from Joni Brinkman to Michael Rumpf). PERFORMANCE STANDARDS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: A. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The use as proposed shall not produce sound in violation of Section 15-8. B. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The use as proposed should not create ground vibrations that would be perceptible beyond the property lines of the subject lot. C. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed use does not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. D. Odors and fumes: No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non-districts, the standards contained in this paragraph shall apply where district abuts a residential district. Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 4 The proposed use does not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID. E. Toxic or noxious matter: No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to the property or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. The proposed use does not produce any toxic or noxious matter in any concentrations that would cause discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any groundwater. F. Fire and Explosion: No use shall be carried out in any zoning districts so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed use does not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9 of the Land Development Regulations. G. Heat, Humidity or Glare: No use shall be carried out in any zoning district so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed use does not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential uses. H. Liquid Waste: No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. I. Solid Waste: No use shall be carried out in any zoning districts so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. The proposed use shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. J. Electromagnetic Interference: No use shall be carried out in any zoning districts so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 5 standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use shall not create electromagnetic radiation. K. Hazardous materials, hazardous waste, and toxic substances: If any business locates within the PID which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d. as outlined in the City's performance standards. In addition, Section 11.3, of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved list has been proposed as part of this request. The above-referenced testimony by the applicant certifies that the proposed use would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. ANALYSIS The underlined text indicates the proposed modification to the Boynton Commerce Center PID permitted use list (see Exhibit "B" - Proposed Revision to Permitted Use List). For clarity in the staff report, the analysis and recommendations are italicized below the corresponding revision. The proposed changes are as follows (underlined): I. c.1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.1.c (2), (3), (4), (6), (7), (9), (14), and (16) of the M-l INDUSTRIAL DISTRICT, Zoning Regulations But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturing and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/ plants wholesale and distribution Paper Plastic Metals (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices, and components Furniture Precision instruments "--~..-,-~-,.----- < Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 6 Engraving, printing, and publishing. Air-conditioning, Heating and Cooling, Warehouse, Distribution and Installation. The following paragraph summarizes the zoning framework ofthe subject use and how it is allowed within the City of Boynton Beach. The proposed use is currently allowed as a permitted use in the Light Industrial (M-l) zoning district under the heading, "heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales" pursuant to Chapter 2, Section A.1.C(7) of the Land Development Regulations. The use is also allowed in the M-l zoning district under an alternate heading "Contractors, operative builders, and trade contractor shops and storage areas" - Chapter 2, Section A.2.b.(6) of the Land Development Regulations. However, an air-conditioning contractor who wants to locate in the M-l zoning district is required at least a 300 foot separation distance between the business and residentially zoned property. If located closer than 300 feet, the business would be require conditional use approva~ which is evaluated under a different set of development standards. Until recently, a contractor would have had to secure a environmental review permit However, in April of 2004, the City Commission amended the code, abolishing the Environmental Review Committee in favor of a City staff-level review of the various disciplines and approved the concepts provided in Ordinance 04-027. This ordinance requires the contractor to submit a Are Department Hazardous Material Disclosure Form, which is subject to the Are Marshals review and approval. The Disclosure Form is also required for contractors who want to operate in the Planned Industrial Development (PID) as well. As previously mentioned, approval of this request would be to allow air-conditioning contractors with their associated truck parking within the Boynton Commerce Center PID. Offices for contractors were one of the original uses permitted within the PID (see item '1.D.7" below and also on Exhibit "B" - Proposed Revision to Permitted Use List). As previously mentioned, Ms. Brinkman requested several revisions to the permitted use list in the summer of 2003 via USAP 03-002. At the time, workshops, outdoor storage, and truck parking were specifically prohibited within the PID. Ms. Brinkmans request was to allow workshops and outside storage areas for contractors offices. No change to truck parking was requested. During its evaluation, staff was mainly concerned with the repercussions of relaxing the restrictions related to contractors offices. The staff report is summarized as follows: "Staffs concerns arise when greater emphasis is placed on the contractor's workshop rather than the office space. It is staffs opinion that there is a positive correlation between the size (intensity) of a contractor's workshop area and the need for outdoor storage areas. In theory, the greater the size of the workshop space, the greater the need for outdoor storage area. Staff has no objection to allowing workshop area or outdoor storage areas. However, since the need for outdoor storage space is somewhat proportional to the intensity of the workshop spaces, staff recommends limiting the areas of the outside storage space in order to mitigate the negative, if any, consequences of outdoor storage. Therefore, staff recommends limiting the size of the outdoor storage area consistent with Chapter 2, Section 7.£1. which states that "Outdoor stomge of materials may be permitted based on a finding of the Planning & Development Board that such stomge does not exceed 15% of the total square footage of the building site and that such stomge is screened and fenced to preclude exposure to the public". Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 7 At the time, there was a wave of pressure to not only relax the development standards for "industriar uses within the PIO but also to allow and permit more types of "commerciar uses within the PIO as well. Generally, without certain restrictions, retail and other high-traffic uses are inappropriate uses for any industrial zoning district. As a policy, staff has concerns with converting industrial property for commercial users. On any given day, staff rebuffs requests to allow these types of uses within the City's industrial zoning districts. However, given the fact that intent and purpose of the PIO is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial uses in conjunction with encouraging development that will reflect changes in technology, staff endorsed Mr. Brinkman's summer of 2003 request (USAP 03-002) to relax the restrictions on workshops and outdoor storage. Staff evaluated the transitional nature of the PIO as influenced by the Lowe's Center and the minor nature of the limited amount of retail that was being requested on Lot 3B in relation to the overall square footage of the entire PIO. Staff took into consideration the fact that the required parking for any retail user in the building (on Lot 3B) would be based on the retail calculation method rather than industrial standards. Staff endorsed Ms. Brinkman's requests because of the self-imposed limitations on the maximum allowable building area set aside for retail uses. 7ñis was further advanced with the applicant's willingness to prohibit retail sales that would normally be allowed in the remaining portion of the building (on Lot 3B). Staff was opposed to changing the truck parking prohibition. 7ñe applicant heeded staff's overtures at the time and did not request to change its prohibition. However, as summarized by Ms. Brinkman's letter (see Exhibit ''0'' - Letter from Joni Brinkman to Michael Rumpf), the subject request is to now eliminate the prohibition and allow air-conditioning truck parking. According to the letter, the justification to allow truck parking for the air-conditioning installation and repair business lies in the occupational overlap between "contractors" and "tradesmen" and the expertise that they both share. tñe letter states ''a contractor is defined as a person or firm that contracts to building things, while a trade involves the performance of skilled work'~ While it is true indeed that a contractor and tradesmen share similar skills and works performed, it should be principally noted that a contractor can act as a tradesmen but a tradesmen couldn't act as a contractor. For example, for all contracted work, someone or some people are held accountable for the quality and completeness of work, service, and craftsmanship of each job performed. 7ñe 2003 Florida Statutes, Title XXXII, Chapter 489.105 states contractors as the following: ':.4 person who is qualified for and shall only be responsible for, the project contraded for and means, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself, or by others construct, repair, alter, remode~ add to, demolish, subtrad from, or improve any building or strudure, including related improvements to real estate, for others or for resale to others': In summary, a contractor can have many tradesmen working under them but it is the licensed contractor who is ultimately held responsible for the job, not the tradesmen. 7ñe City's Occupational License section issues licenses only to the contractors, not to the tradesmen (journeymen) and appropriately so, because it is the contractor who is accountable. tñe City's Land Development Regulations do not distinguish between contractors and tradesmen (journeymen). However, the State regulates contractors and offers definitions for three (3) types of air-conditioning contractors (see Exhibit ''E'' - Oefinitions). Staff opinion is that a worker would start their career as a tradesman and then assume the role of contractor only after a higher degree of training and responsibility. 7ñe applicant's letter also suggests that perhaps the proposed use should be --'".' ~-~-~~-">-~'-- Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 8 considered as a "warehouse / distribution" business, in which case, their truck parking would be permitted. Staff has no problem with allowing the requested change to the permitted use list of the 80ynton Commerce Center PID (under LC1), provided that the occupants do not employ contradors who park their trucks. Staff has no comment other than to suggest that no individual, business, or corporation should try to circumvent the PID's strict prohibition of truck parking by debating the minutia of occupational licensing categories. J.D. Operations Center - Requiring a mix of moderate warehouse and increased office use. 1. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radio / TV studio 5. Nursing Registries 6. Non-profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). However, truck parking for contractors is specifically prohibited. The bold text referenced above indicates that truck parking for contractors is specifically prohibited. The staff report (NWSP 03-009) for the building currently under construction on the subjed lot summarizes the site as follows: ''Since the project proposes a 71,547 square foot building, a total of 192 parking spaces would be required. The site plan shows that 192 parking spaces would be provided, including six (6) designated for handicap use. The site plan tabular data also shows that 128 excess parking spaces would be available from the developed portions of the PID. However, at this time, staff cannot confirm the exact number of excess parking spaces stíl! available to the PID. The Lot 38 site plan tabular data indicates that 128 spaces were available from the developed portion of the PID. One reason why the PID currently prohibits contractor truck parking is because convenience parking is limited Currently, there are 28 occupational licenses issued to businesses located throughout the PID. This figure does not include the number of licenses that will be issued after the completion of the building on Lot 38. Also, commercial uses, which require more parking than industrial users, will be allowed to occupy a significant portion of the building currently under construction on Lot 38. As per that approval, the site plan for Lot 38 required 192 parking spaces but only provided 166 spaces. To comply, the extra 26 spaces were taken from the ''unallocated common parking" of the PID. It should be noted that in Odober of 2003, a minor site plan modification (MMSP 03-099) was approved to indicate that 185 parking spaces (a reduction in seven spaces) are required for Lot 38. Still, these seven (7) spaces means that a total of 19 parking spaces are used from the PID's lIunallocated common parking'~ Contractor truck parking for one (1) business alone is not a problem. It only becomes an issue when every business in the PID wants to have their trucks parked on-site. The size of these trucks can range from as small as a pick-up truck to a full sized trador-trailer. Allowing contractor truck parking may be perceived as a loosening of the restrictions, which opens the door to allowing not only trucks but also their associated equipment The PID currently allows businesses engaged in furniture wholesale and distribution, artificial flowers/plants wholesale and distribution, paper, plastic, metals (i.e. machine shop), Boynton Commerce Center (USAP 04-004) Staff Report Memorandum No PZ 04-174 Page 9 rubber, and electrical appliances, instruments, devices, and components. These existing businesses in conjunction with the new establishments earmarked for Lot 38 could potentially have their oversized, service vehicles and accessory equipment parked in customer parking spaces. As previously mentioned, much of the common area parking is not convenient to a large percentage of the developments tenants. Staff wants to discourage situations where work trucks are parked in the convenience spaces (in front of the building) and frustrated customers are forced to double-park or park in loading zones. It can be argued that the only time these trucks are parked on-site is first thing in the morning or at the end of the day and thus would not conflict with peak-hour parking, since they are off-site on service calls or different jobsites throughout the day. Furthermore, no problems or issues have been brought to staffs attention regarding the truck parking for those businesses currently licensed as warehouse and distribution businesses within the PID. Therefore, staff does not necessarily oppose the idea of lifting the prohibition of truck parking for contractor offices provided that certain safeguards are put in place to ensure that oversjzed vehicles and construction equipment are not placed within the confines of the PIDs standard parking spaces (see Exhibit "C' - Conditions of Approval). RECOMMENDATION In summary, the applicant is proposing new language to the Boynton Commerce Center PID that would allow a business engaged in "air-conditioning, heating, and cooling, warehouse, distribution and installation (with associated truck parking)" under the 1.C.1 heading. However, staff determined that the subject request would already be permitted inside the PID as "Office for Contractors" under the 1.0.7 heading. The only problem here is that the truck parking associated with this proposed business would not be allowed due to the aforementioned prohibition of contactor truck parking within the PID. As previously mentioned, staff expressed some concerns with the aesthetics, performance, and potential impacts of lifting the prohibition of contractor truck parking. However, a continuous monitoring and communication between individual owners, tenants, and the property owners association should effectively ensure that parking spaces would be available for the PID's customers and that violators would be reprimanded. Therefore, staff offers the following revisions to the applicant's request: . Eliminating the applicant's proposed language under the LC.1. heading: "Air-Conditioning, Heating and Cooling Warehouse, Distribution and Installation" . Propose the following language under the LD.7. heading: Offices for contractors (work shops. outside storaÇle. and truck parkina). However. oversized vehicles and I or associated eauipment for contractors are specifically prohibited from parkina within the confines of the standard parkina stalls. An over-sized vehicle is a vehicle that cannot fit or park inside the confines of a standard parking stall. As a safeguard, staff would determine (on a case- by-case basis) what constitutes an "oversized" vehicle. This would occur when an applicant applies for an occupational license and subsequent inspections. These changes are also noted in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\BoynIon Commerce CU, Lot 3B\USAP 0<HJ04 Trades-Trucks\Staff Report.doc ~ ~- ,~... . I Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "An LOT 3 B ! I i , I, ; l , ! ' - I , l i I ; , ' PCD ~ ! I I ~ i , I I ì ¡ I , i i I , , , I i \ I I I I I i ¡ i i I i ¡ I on ¡ 0) , I /:!J ¡ I ~ ! I I I ¡ I I I I I I I I I I i I I I ! i i ¡ I \ i I L- ! I , , I ! \ ¡ \ \1\\ , "N/!: ! '-{ , " / ! rh"t' y~ 1/, .~ 'III ,':. . , I' I ,.11 '~. "I \' \ \ \ I ~. I II' ~,,\,. , i rn'~ I ~:;1~J~)( i ! ¡ I'; ill~ ~ ,'W r-7ïI, ' 'I ! ", \. I I I fIn i I ¡ I ! !----f"I i e N . -- ~ i VI E I s I ! , EXHIBIT "B" Proposed Revision to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID May 17,2004 I. Permitted Uses, Not Requiring Environmental Review Approval. A Personal Services 1. Carpet and Upholstery Cleaning B. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise ftom the following previously prepared materials: 1. Cellophane 2. Canvas 3. Fiber (i.e., wood, except that furniture manufacturing requires environmental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles 8. Yarn 9. Uses listed under Section 8.A1.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.Al.b.(I), (3), & (9) of the Boynton Beach Zoning Code. C. Warehouse, Distribution, Wholesale 1. Any manufacturing category listed above, or any use listed in Sections 8.Al.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-l INDUSTRIAL DISTRICT" Zoning ReguJations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distnDution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distribution Paper pJastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment ---'~-'.""--..--------~-.- ~ . . EXHIBIT "B" Furniture Precision instruments Engraving, printing and publishing ~:1-\i[_Ç=Q1I~Ü_ti~~)11.inlL-~___l-1 ca t iLL~_ ~!JIçL_CÇS2~jxL~ _.~~V ú fC' ~ lC l ~ S~~º_f_~~:~Ö b ~r~_i.~2!__~-__~t~~~. 2. Retail sales are allowed for goods listed under the sections specified in I.C.l. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 38 as industrial, which shall be allowed no retail sales. 3. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.e.l. above on Lot 38 only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A 1.c.(l4). The specific uses within the code sections 8.A.l.c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. a. Dance Instruction is allowed only in the portion of the building on Lot 3B designated as retail. D. Operations Center - Requiring a mix of moderate warehouse and increased office use. 1. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radioffelevision Studio 5. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices 1. PID Leasing Office 2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-l Industrial District" Zoning Regulations Boynton Commerce Center PID Use List Page 2 EXHIBIT liB" 3. Professional Engineering Offices II Uses requiring Environmental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise 1Ì"om the following previously prepared materiaJs: 1. Cosmetics 2. Drugs 3. Pharmaceutical 4. Paper 5. Plastics 6. Metal (i.e., machine shop) 7. Wire 8. Rubber 9. Electrical appliances, instruments, devices, and components 10. Auto parts and equipment 11. Boat parts and equipment 12. Airplane parts and equipment 13. Medical equipment, instruments, devices and components 14. Furniture 15. Precision instruments 16. Engraving, printing and publishing B. Warehouse, Distribution, Wholesale 1. Seafood (excluding Processing) 2. Principal uses for any of the manufacturing categories listed under II.A. above. 3. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion ofthe building on Lot 3B designated as industrial, which shall not be allowed retail sales. C. Other uses as follows: 1. Building cleaning and janitorial services III All uses not specifically listed above are prolnòited. Furthennore, the following uses are expressly prolnòited: 1. Fertilizer manufucturing, sale or distnòution 2. Millwork 3. Metal casting Boynton Commerce Center PID Use List Page 3 .. - -~-._,'>."".....=-",,-....~-<- ~ -~-'-- - -. -".- ~=. EXHIBIT "B" 4. WelL _g shops 5. Contractor's shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% ofthe total value of goods sold 1Ì'om the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. ofthe "M-I INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse. distribution. wholesale: One (I) parking space pereight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). ManufacturingIBuilding cleaning and ianitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. 3. Office floor area which exceeds 30% ofthe total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet ofthe entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: 1. Retail: The potential retail square footage (up to 49% ofthe gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. 2. Blended Rate: Warehouse, distnòution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. 3. Mezzanine square footage shall be linúted to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermix~ parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center Pill File number: USAP 04-004 Reference: See Exhibit "B" - Bovnton Commerce Center Use List Revision Request I DEP ARTMENTS I INCLUDE I REJECT I 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall submit an updated Boynton Commerce Center Pill master X plan showing current parking configuration, requirements, and excess parking Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I spaces. Staff will verify for completeness and accuracy prior to the issuance of the first occupational license on Lot 3B. 2. Propose the following language under the LD.? heading: X Offices for contractors (work shoDs outside stora(!e and truck DarkinÙ However. oversized vehicles and / or associated eouiDment for contractors are sDecificallv Drohibited from Darkin(! within the confines of the standard Darkin(! stalls. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\COA.doc I ~inston EXHIBIT "0" ee . SSOclates, InC. - Landscape Architecture Land Planning FSL #LC C] 16 May 17, 2004 ~ Œ ~ Œ ~ ;:7 r,: " r -, I D . r----.--. - .... . Mr. Michael Rumpf, Director of Planning & Zoning i 11~) ¡ MAY I 7 20U4 Planning & Zoning Division ¡ City of Boynton Beach L._. ; 100 E. Boynton Beach Blvd. . , i - .~-~.~._-.. .J Boynton Beach, FL 33425-0310 - ~--- RE: Boynton Commerce Center Planned Industrial Development Use List Revisions Request to Allow an Air Conditioning Installation & Repair Business, with Associated Truck Parking Our File No. 02-030.06 Dear Mr. Rumpf: At your direction, and subsequent to verbal and written communications, this letter shall serve as a request for use approval to allow an air conditioning installation and repair business, with truck parking, to locate within the building currently under construction on Lot 3B within the Boynton Commerce Center. The use being proposed is an air conditioning and heating business which does new installations, replacements and repair of residential and commercial alc units. The use is proposed to occupy a bay totaling 3,162 square feet, being comprised of an office consisting of 600 square feet and warehouse/shop area consisting of the remainder. The business has four standard size commercial vans and one small size box truck. One of the vans is the owner's and is taken home each night, as typically are at least two (2) additional vans. However, the business owner would like the ability to park any number of the vehicles on the site overnight unrestricted, as is allowed for similar uses in other Planned Industrial Parks within the City. The current use list allows contractor shops and storage under the Operations Center, which requires an increase office component. However, it specifically prohibits truck parking. I would like to offer that the use being proposed in not a 'contractor', but a trade. A contractor is defined as a person or firm that contracts to build things, while a trade involves the performance of skilled work. I have attached a print out ftom the Skilled Trades web site (www. skiledtrades. com) which lists construction and industrial trade categories. The list includes various trades, such as electrician, floor covering installer, glazier and metal mechanic, painter, plumber, remgeration and air-conditioning mechanic, sprinkler and fire protection installer, etc. A review of the approved use list will reveal that many of these uses are allowed under Section I.C.I. 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FL 33409-5270 Tel: 561-689-4670 . Fax: 561-689-5559 . E-mail: winstonwla@aol.com ....~, EXHIBIT "0" Mr. Michael Rumpf May 17, 2004 Page 2 The use requested is allowed in the M-I zoning district/industrial land use category throughout the City and fits very well into a 'flex type' building such as the one being constructed on Lot 3. Actually, the current attached use list under Section I.e.l. already allows the uses as listed in Section 8.A.I.c.(7). of the Boynton Beach Zoning Code. Section 8.A I.c. heading describes storage, distn"bution and wholesale uses allowed and item (7) specifically allows: (7) Heating. co01imr. ventilating, reftigeration, soJar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. It is important to note that many of the approved uses under Section I.C. ~. have an 'installation' component involved in the operation, as that is the nature of the businesses. For example, under Section 8.A I.c.( 4), many of the building materials listed, such as shades, shutters, blinds, awnings, carpeting, tile, etc., would offer installation as part of their business. Conversations with the potential user also support the presumption that the proposed use is a warehouseldistn"bution use allowed under the current use list. The majority of the square footage is being proposed for a warehouse area where supplies will be stored prior to being taken to job sites. Thus, both the warehouse and distn"bution aspects are being performed by the business. Warehouse and distnöution uses are allowed in the PID with no restrictions related to truck parking associated with those uses. Based upon the above justification, I would like to respectfully request that you reconsider the requirement that a use list revision would be required in order to allow this business to locate within the PID. It seems to follow that. if the use is considered allowed under the warehouse/distribution list and is considered a trade rather than a contractor it would. therefore. have no restrictions on truck parJåne. Again, other warehouse/distribution uses allowed in the PID do not have restrictions on truck parking. If it is determined that a use list revision is requir~ I would be proposing to simply add the use of "Air Conditioning, Heating and Cooling Warehouse, Distribution and Installation" under Section I.C.t. (see attached list). This would be in addition to the use being listed under the aforementioned item (7). I believe the addition at this section ofthe use list will make any concerns regarding truck parking for contractors null and void. Please be aware that the attached list takes into account the current request to allow a dance studio on Lot 3B. That request will be heard prior to this application and I can revise the list if necessary after action has been taking on that item. EXHIBIT "0" Mr. Michael Rumpf May 17,2004 Page 3 Please feel ftee to call with any questions you may have or if you need any additional information. Sincerely, ~'~ Jom Brinkman, AICP Project Planner cc: Seth Wise, Levitt Commercial Colleen Mohr, Levitt Commercial EXHIBIT "E" - DEFINITION The 2003 Florida Statutes, Title XXXII, Chapter 489.105 "Class A air-conditioning contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. "Class B air-conditioning contractor" means a contractor whose services are limited to 25 tons of cooling and 500,000 Btu of heating in anyone system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system being installed under this classification, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. Class C air-conditioning contractor" means a contractor whose business is limited to the servicing of air-conditioning, heating, or refrigeration systems, including any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system, and whose certification or registration, issued pursuant to this part, was valid on October 1, 1988. No person not previously registered or certified as a Class C air-conditioning contractor as of October 1, 1988, shall be so registered or certified after October 1, 1988. However, the board shall continue to license and regulate those Class C air-conditioning contractors who held Class C licenses prior to October 1, 1988. S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades- Trucks\Contractor Definition.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 TYPE OF RELIEF SOUGHT: Request use approval to allow air-conditioning installation & repair business with associated truck parking on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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\Boynton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\USAP 04-004 Trades-Trucks\DO.doc VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOklvl 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 [g August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September21,2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF [g Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation ("") c.:> n-i D City Manager's Report .1:- :::::;-< <- -<0 c= .::J --., I - c- c::J me RECOMMENDATION: U1 :::0-< ~:z: " (/)-1 Return cash bond of $2,970.00 to Bliss Construction for the project known as High Ridge Country Club. ::g; e O::z: U1 .." --.,CD EXPLANATION: + - f"T1 <.IJ> -.J jT("") On October 29, 2002, the Building Division sent to the Finance Department a cash bond of $2,970.00 for the completion o:¡: the permitted work for the project known as the High Ridge Country Club located at 2400 Hypoluxo Road. The work has been completed and the Certificate of Occupancy was issued on November 26,2002. PROGRAM IMP ACT: None FISCAL IMP ACT: None City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 - 02-1644 C E R T I FIe ATE o F COM P LET ION PER MAN E N T Issue Date · · · 11/26/02 Parcel Number . · · 08-43-45-08-02-000-0010 Property Address · · · 2400 HYPOLUXO RD BOYNTON BEACH FL 33426 subdivision Name · Legal Description . · HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) Property Zoning . RECREATION Owner . . . · · · HIGH RIDGE COUNTRY CLUB INC Contractor · · BLISS CONSTRUCTIONS INC 561 391-0212 Application number . 02-00001644 000 000 Description of Work . · BLDG-MISC Construction type · TYPE VI/UNPROTECTED Occupancy type · · · · RESIDENTIAL Flood Zone . · · · · Special conditions · HIGH RIDGE & CHILLER Approved . . · · · VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" ~----- ~ . t...... _.~ ""~"...~_~...___ ._._,..~_a_"""'--_,~__-"-"=-,,,,~_,,,"~~__,,_, -_.....~......_...~--.,..~~~- -____t_ , DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-248 TO: Diane Reese, Finance Director FROM: Don Johnson, Bnilding Official ~ DATE: October 29, 2002 SUBJECT: CASH BOND - HIGH RIDGE COUNTRY CLUB - 2400 HYPOLUXO ROAD Attached is a check for $2,970.00 from Bliss Construction. This is a cash surety for High Ridge Country Club and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from J. Craig Stone, NCARB, AIA and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-1644 S:\Development\BUILDING\Building Div\Documents\Memos in Word\Cash Bonds - 2002\Cash Bond - High Ridge Country Club.doc EXHIBIT "B" -- ~--- - - _ -. -~ '- -..-. -"-- "'- - ---, - - ~~ u __ :-__--I~£'" ~~__~~: ~~...;.~___~.._.~....i..._""'....i.;..:......_..........._""_...:__~ :..."-_ _ ~------------------------------------ ------------------------------~ i 052723 ¡ I ~ REMITTER: BLISS CONSTRUCTION 10/28/02 D DATE ë ~ ~ 0 PAYTOTHE ***CITY OF BOYNTON BEACH*** ~ OROER OF EXACTLY **2970 AND 00/100 DOLLARS $ $2,970.00 -g ~ " '" AOMIRALTY BANK " >- CASHIER'S CHECK u " {,fl THE PURCHASE OF AN INOEMNITY BOND WILL BE REQUIRED BEFORE ANY CASHIER'S CHECK OF THIS BANK WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED DR STOLEN. II- 0 5 2 7 2 ~ u- 1:0 ¡; 70 ~ 288 21: 500 ~ 2 ~ 8 t. 511- ------------ ------------------------ ----------~------ ~ --p-" ___ __..h -~ -- ---, -, ,--,- .-.-....-. ..-...·~...;~'..~~~.....v~~·. .-, , ~------~----------------~---------- r i CITY OF BOYNTON BEACH -------, ! Boynton Beach, Florida 31902 .' I I ¡ ! ¡ I ¡ I I I i I ~Wó qz I $ ! -------------~-------------------------~~-- , . .' .;-. EXHIBIT "C" .< ~---~--...~._- '"'-~~--~,- -x-_._".......~_...,;,..___.-_~ .-~-, ----"..--'=--.----,,_.._-~ ._._-~~-~--'-_.- -- '-I> ____.F- October 28, 2002 Es!:tbL"heJ 196: PEACOCK ~ LEvVIS Mr. Don Johnson . Building Official ArchItects and Planners, Inc. Lie. # AAC 000020 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: High Ridge Country Club P.o. Box 687ï Permit #02-1644 West Palm Beach Peacock + Lewis Project No. 02-014 Florida 33405 T: 561.582.2705 Dear Mr. Johnson, F: 561.533.9135 Please be advised of the following information pertaining to the completion of the above captioned project. To comply with the requirements of the City of Boynton Beach in order to obtain a Temporary Certificate of Occupancy, we have evaluated the status of the project. Although the items remaining are minimal, they are required for compliance. The following itemized list details the outstanding issues and our estimated value for each item. Architecture 1. Miscellaneous roofing metal connections and detailing $ 500.00 2. Installation of permanent access ladders to flat roof areas $1,000.00 Planning 3. Submission of HV AC final test and balance report $ 500.00 4. Reattachment of miscellaneous electrical conduits at roof parapet $ 200.00 5. Completion and submission of final as-built drawings $ 500.00 Interior Design Total Value $2,700.00 Programming We have relayed this information to Bliss Construction, Inc. and understand that they must provide funds in the amount of 110% of the total value or $2,970.00. We further explained that . this work must be completed within thirty (30) calendar days from the date of the Temporary Certificate of Occupancy in order to obtain the Final Certificate of Occupancy. Graphic Design Hopefully this information satisfies your concerns for the project. Please feel free to contact our office with any questions or comments on the matters at hand. Project Dtlivery JCSjkjl cc: Mr. Carlos Perez, High Ridge Country Club Member AlA w ww. pea cock and I e w i s.c 0 m EXHIBIT "D" 02-014.ltr.Johnson.lO-25-02 '_____>rl~___ "" -"---'-"~-""'~ ,---.-.......-" ' <_~_o__,_~....._---""-:~.".~..... --~"'-~_.-------- --.j, VI.-CONSENT AGENDA CITY OF BOYNTON BEACf ITEM G. AGENDA ITEM REQUEST F01~.~ '~''1' ,",UL I:J P/ï 5: 48 Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office ~ August 3, 2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Return cash bond of $440.00 to U-Back, Insulation Contractors, Inc. for the project known as U-Back (offIces/warehouse). EXPLANATION: On April I, 2002, the Building Division sent to the Finance Department a cash bond of $440.00 for the completion of the pemñtted work for the project known as U-Back (offIces/warehouse) located at 2053 High Ridge Road. The work has been completed and the CertifIcate of Occupancy was issued on April 30, 2002. . PROGRAM IMP ACT: None FISCAL IMP ACT: None ~------ Quin / City Manager's Signature Development Department U~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 02..0246 BOYNTON BEACH FL 33425 CERTIFICATE o F COMPLETION PERMANENT Issue Date · · · 4/30102 Parcel Number · · 08-43-45-16-33-000-0701 Property Address · · 2053 HIGH RIDGE RD BOYNTON BEACH FL 33435 Subdivision Name · · Legal Description . · PORTION OF LOTS 70 & 72 FOR ADDRESSING ONLY Property Zoning . · PLANNED INDUSTRIAL DEV. Owner . . · · · · PREMIER GATEWAY CENTER AT Contractor · - · - GLOBAL CONSTRUCTION ASSOCIATES 954 971-9500 Application number . · 02-00000246 000 000 Description of Work . · INTERIOR RENOVATIONS Construction type · · Occupancy type · · · Flood Zone · · · · Special conditions · · U-BACK Approved · · · · · · VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" - ~.------,-,-,-.--,""",,,,,---,,, ~~--- ._ ~__".~_<_>__. .<>-,~____, .__A_.~___~___~___~ >< & _____·~~_-_,__·________1_'__ - '__f___ --... DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMOR;\NDUM NO. 02-064 TO: Diane Reese, Finance Director FROM: Don Johnson, Building OffiCial~O DATE: April 1, 2002 SUBJECT: CASH BOND - V-BACK (New Offices/Warebouse) - 2053 HIGHRIDGE ROAD Attached is a check for $440.00 from U-Back, Insulation Contractors, Inc. This is a cash surety for U-Back (new offices/warehouse) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters from Graham A. Geralds and check XC: Timothy K. Large, Building Code Administrator Pennit File # 02-0246 S:\Development\8uilding Div\Documents\Memos in Word\Cash Bonds - 2002\Cash Bond - U Back 02-0246.doc EXHIBIT "B" ·.-~~·v..,·~·_--·-, ~::'r,i~~~~"'!:;¡_~'.~~-=~....~~~~~~7~-::L~~~1o~~.i';:~=""!-=C~ ~'-",:"D!IB~~!:.~",,-~~~~"""::...~-,=<c-~~~~_~~--~:µ--:,:.f 1 U-BACK, INSULATION ill ,.."-" ~: j II~OO "0. Kent.l..II1 Dr. ; CONTRACTORS, INC. . "iami. FI 3.1176 10264 " ~¡ 12690 NW. SOUTH RIVER DR. DATE_¥~ ~ MIAMI, FL 33178 63-83762670 ~¡ 107 DOLLARS $ Lf LlC) çÆ rl ,'f ,,¡' _lltaL :", ¡'" ~ (~~~~! ~'IT' ,." I ~: .Mi' t'" PAY . I' roo .... f;...M- .' .J \1 J II!'" , "' J " I... ·'oo' .- ~: I ~ l Øf:¡ 11 bx¡n&u ~ ~ TO ~ THE ~ ORDER b~~ ¡ OF ¡: I: w ri: iï 11-0 .0 2 b 1.11- I: 2 b 708 ~ 7 b ~I: 0055 .7 2 b I. 511- _ _. BuiIdin DÞ.rnnj :::t.-:::!t.)¡§1ffPiìK~-~~~~\ri\~~~~··~~~;~ìmlriii~~~~·¡;2-1Ji:~"7)~..~:~,, .....n...~_.~,~~-4: U-BACK, INSULATION DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW CONTRACTORS, INC. IF NOT CORRECT_ PLEASE NOTIFY us PROMPTLY. NO RECEIPT DESIRED MIAMI, FL 33178 DATE DESCRIPTION AMOUNT I I [ {J05.5 iJfJh fàd~ lid Lf v-o "Om /ì . ðe h ð! -?~lft~ <tJxJ¡jJ7'&TU QC u / » 10 " EXHIBIT "C" -,~-~"-~-,,,~~-- ~ . ~----.--,--- ---¿.""~"~""""-----"""-~- -..-<~'.__.~ . ---~<"""",,-~.--- ~-~,~. .~__'r_~~...,.>-"''''''_~ <"._ ....-- ."",,- graham geralds . '. a . architect 2849 ravenswood road, fort lauderdale, florida 33312 (954) 581-6922 D fax (954) 581-6975 March 29,2002 City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Ref: New Offices/Warehouse for U-Back 2053 Highridge Road Boynton Beach, FL Permit #02-2246 Dear Sirs: Please be advised that the that the required drinking fountain at the above referenced project is not completed. Also be advised that the completion cost of this is $400.00. If you have any further questions regarding this matter, please feel free to contact me at my office at (954) 581-6922. Sincerely, Graham A. Geralds Architect, P A i .~ EXHIBIT "D" geralds . . graham a . architect 2849 ravenswood road, fort lauderdale, florida 33312 (954) 581-6927 D fax (954) 581-6975 March 18, 2002 City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Ref: New Offices/Warehouse for V-Back 2053 Highridge Road Boynton Beach, FL Permit #02-~-c'd-4-;k Dear Sirs: Please be advised that the owner and this office have decided to omit the proposed handrails at exterior ramp. If you have any further questions regarding this matter, please feel free to contact me at my office at (954) 581-6922. Sincerely, Graham A. Geralds Architect, P A V( C ~~.ð 11 II "Y7 ~ p EXHIBIT "E" -.-~-~. --_....~--~-..--.....- ~;-- ., - - - . - - -._"~---".._~ ~"",,-.""'-" .-"'_T>-________-··~_ ~~-"'~~"'_"~___.-___ ---~- - .--- -. -to '."- VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM H. AGENDA ITEM REQUEST FOklu-i ,JUL /5 Pl1 5: 48 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 IZ] August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D Novemberl6,2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF IZ] Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Return cash bond of $550.00 to Sununers/Perini Construction, Inc. for the project known as The Church of Jesus Christ of Latter-Day Saints. EXPLANATION: On October 24, 2002, the Building Division sent to the Finance Department a cash bond of$550.00 for the completion of the permitted work for the project known as The Church of Jesus Christ of Latter-Day Saints located at 1480 Knuth Road. The work has been completed and the Certificate of Occupancy was issued on November 18, 2002. PROGRAM IMP ACT: None FISCAL IMP ACT: None / ~ City Manager's Signature Development Department X)fl~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 - OO~5008 CERTIFICATE OF OCCUPANCY PER MAN E N T Issue Date ... 11/18/02 Parcel Number. ., 08-43-45-30-01-121-0010 Property Address .. 1480 KNUTH RD BOYNTON BEACH FL 33426 Subdivision Name . . Legal Description . PALM BEACH FARMS CO PLAT NO 8 S 567 FT OF TR 121 (LESS W 25 FT RD R/W} & S 567 FT OF TR 122 (LESS E 260 FT ) Property Zoning . . PLANNED ZONED DISTRICT Owner.. . CH OF JESUS CHRIST LATTER-DAY Contractor . . . . SUMMERS/PERINI CONSTR. INC. 954 776-3447 Application number 00-00005008 000 000 Description of Work. CHURCH Construction type . TYPE VI/UNPROTECTED Occupancy type . . ASSEMBLY Flood Zone. . . B FLOOD ZONE/MIN FLOODING Special conditions . CHURCH LATTER DAY SAINTS FINISH FLOOR ELEV 16.56' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE .. .~ Approved . . .., K ¡------ Building f icial VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" -, ...............,~"'-_...- -.,..",..-.- .. -~_____,.~___~__~_____~_____ ~c_~,_,.,..".~___..""".......~~... __ow. '__.n_ ._'" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-245 TO: Diane Reese, Finance Director FROM: Don Johnson, Bnilding Official M DATE: October 24, 2002 SUBJECT: CASH BOND - THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS 1480 KNUTH ROAD Attached is a check for $550.00, from Summers/Perini Construction, Inc. This is a cash surety for The Church of Jesus Christ of Latter-day Saints and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter rrom Franz J. Shropa, AIA and check XC: Timothy K. Large, Building Code Administrator Permit File # 00-5008 S:\Development\BUILDING\Building Div\Documents\Memos in Word\Cash Bonds - 2002\Cash Bond-Church of JC Latter-day Saints 0O-5008.doc EXHIBIT "B" - ~ ....-.---,- - ." . .". ~ .~. ._~./"': :.. . ..:. .', '. ......_........,-.... J'·~.........-~w.·~-~··.·.._ .~_o.Jo, _,,~.__ A--:...:~;._·-,~..__ _ _ ," '. .-~;.;~~,~2~,&.. .:~~fh;Jili::~f~~~~i.'i~~·'.~ , ,SUMMERSIP,r;aINU::ONSIaUCTION, ,INC. BANK OF AMERICA c, .~: 'f1~E.~~ÖPEËtÃ11NG-ACCOUNT.'~'-: 02992 FL " ." "'¡~-'*Þ;~fI:ASrPROSPECT ROAD ,.. ,. 63-4-630 · '¡'ÕAKlA"IDPARK,FlORIDA 33334 Five Hundred Fifty Dollars and 00/100. DATE AMOUNT fD City of Boynton Beach OCT 23,2002 ***·****~****$55QOO "' ø -g o.v ~ 0 Q )THE City of Boynton Beach 0 ~ ~DER > - c u <n ~ - J'i£:Jt~ 1110 30 q 2 5 III ':0 ¡; ~ 00 00 ~ 7': 00 ~B '10 . . B ~ ~ï::J. dingDiv ~.-~-.._--~~~_.--~-~----~-~-------<~--,.--~~--- - --. -. . . "- . -. - -- -- ~ -.--. --.- -' - -.....-- - --'.- ,-_.~ ,--. - ~ ---r "'... .........'- '''-~'''''_.c;.''-,,~'''_''::-.-'': .----.:.......-----____"_ -',,--_ --..__~~_~ "-_ ~_ _ __ _ _.-.:.- __ _ ""'""--.:.-.- _ ___ oi--- _ _ _--..:..._~~- ) " I\I~ 31~~3 CITY OF BOYNTON BEACH I Boynton Beach, Florida i I I ! ; ¡ $ I I -____________.___________-:--__________________---=..:..:..._c \.: , . of EXHIBIT "C" . "____3 .----..........__......,................... .... -..... .___."_N-'>V_' r__"_...____"""_>·___._~__. _ __··~_____-4*____,.___....~_._ -_ - ._--"....---...._--~_.--- -~~_·_-~----I· .~ .. FRANZ JOSEPH SHROPA, A.I.A. ARCHITECTS & PLANNERS. INC. UITE 205 PH: (954) 584-7700 300 N.W. 70th Ave. PLANTATION. FLORIDA 33317-2349 FAX (954) 584-7701 UC. it M COOO408 October 22, 2002 Building Official City of Boynton Beach BUILDING DIVISION 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fla. 33425-0310 RE: The Church of Jesus Christ of Latter-day Saints Temporary Certificate of Occupancy Dear Sir: The contractor is seeking a temporary Certificate of Occupancy as per section 106.1.3 of the City Code. The architect supports the contractor's request and lists the incomplete following items: 1. Parking lot light fixture photometrics. Photometric levels are scheduled to be taken at 7:30 PM on October 23, 2002. 2. As built site engineering drawings and certification letter. Sun Tech Engineering will inspect at 2:30 PM October 23, 2002. Boynton Beach Engineering inspector will inspect on October 28, 2002. The cost of the above is : 1. $500.00 2. Already Paid $500.00 Total City required cash Surety: $500.00 110% $550.00 EXHIBIT "D" -- , FRANZ JOSEPH SHROPA, A.LA. Page 2 I have attached the contractor's check for $550.00 made payable to the City of Boynton Beach. cc: Jim Bible .---~._",--",----- ~ v~_~-~_· ~.'---=' _..---=<;-~....~~. -~. .----....~~-_._<--~--~" -......."''"--.., _~"'....._~_~...,.. 0,... -_ ..I', ........... VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOkM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office [g August 3, 2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4; 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November I, 2004 C"') 0 C"')=i .¡;.- =-=i-< L. -<0 D Administrative D Development Plans c ~) -., r- [g D - --ro NATURE OF Consent Agenda New Business -'10 (.J1 -2-< AGENDA ITEM D Public Hearing D Legal /:;2: ::Þo (l) --f D Bids D Unfinished Business ::it 0 02: C) ....., D Announcement D Presentation " -.,m ~ - fT'I D N 0> City Manager's Report fT'IC"') ~ RECOMMENDATION: Authorize the use of Community Investment Funds in the following amounts: Vice Mayor Ferguson - $5,000 for the YMCA Partners with Youth Program and $4,000 for the Community Caring Center. EXPLANATION: Commission approval for allocation of community investment funds to the YMCA Partners with Youth Program and to the Community Caring Center to assist with these programs. PROGRAM IMPACT: Allocation of funds will assist these programs and organizations. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. ~ ~ my Mer's šiQnature DR.ø AlL- City Clerk's Office City Attorney / Finance / Human Resources Prepared 7/13/04 s:\cC\WP\COMMUNnY INVESTMENT FUNDS\Agenda Item Request Memos\Agenda Item Request - YMCA Partners with Youth & Comm. Caring Center - 8-3-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND rnSBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 3, 2004 Requested by Vice Mayor Mike Ferguson Amount Requested: $5,000 Recipient/Payee: YMCA Partners with Youth Program Description of project, program, or activity to be funded: Partners with Youth Program at the YMCA Dated: 07/14/04 'tn. ~~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $5,000. Accordingly: 9'" There are funds available as requested 0 There are insufficient funds available as requested. Dated: 7-14-ðY By: Jl~ tR~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 0 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager s:\CC\WP\COMMUNITY INVESTMENT FUNDS\Vice Mayor Ferguson\yMCA Partners with Youth Program - 8-3-04.doc .,--.~-- ,.-- -- --~--~~~"--............'-...-- _"~_.w___ ._. ___,____-".___~'.~.h____. . ~_~.".__..>ø__-_~ _._ EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: August 3, 2004 Requested by Vice Mayor Mike Ferguson Amount Requested: $4,000 Recipient/Payee: Community Caring Center Description of project, program, or activity to be funded: Community Caring Center Dated: 07/14/04 Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $7,000 has been used to date by the requesting Member, leaving a balance of available funds of $5,000. This request would bring the available amount down to $1,000. Accordingly: ~ There are funds available as requested 0 There are insufficient funds available as requested. Dated: 1-/4-61./ By: ~Á~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 0 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager . S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Vice Mayor Ferguson\Community Caring Center - 8-3-04.doc Community Investment Funds 2003/2004 $12,000 per Commissioner Total Amt Expended Function Approved Mayor 500 Heritage Fest 01-20-04 500 Heritage Fest - Caribbean Celebration 01-20-04 795 Sister City Co for Young Artists Competition 02-17-04 500 Florida Trust - Co sponsor for tour of BB 04-7 -04 500 Nurses Week Scholarship Fund 04-20-04 500 3,295 American Legion Post 164 06-01-04 2,000 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Ferguson 500 Heritage Fest 01-20-04 500 Nurses Week Scholarship Fund 04-20-04 500 Gulf Stream Council, Inc. - Boy Scouts of America 05-04-04 500 2,000 American Legion Post 164 06-01-04 5,000 YMCA Partners with Youth Program 08-03-04 4,000 Community Caring Center 08-03-04 McCray 400 American Legion Auxiliary Unit 288/Girls State 12-02-03 500 HeadStart Scholarship Program 12-02-03 2,000 Heritage Fest 01-20-04 2,000 Committed Citizens Concerned about Children 04-20-04 500 Nurses Week Scholarship Fund 04- 20-04 500 5,900 Gulf Stream Council - Boy Scouts of America 05-04-04 2,000 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 McKoy 1,000 $1,000 Heritage fest/Scholarship 01-20-04 1,000 $1,000 Heritage fest/Book Signing 01-20-04 500 2,500 American Legion Post 164 06-01-04 2,000 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Ensler 1,000 Heritage Fest 01-20-04 1,000 Gulfstream Council, Inc. - Boy Scouts of America 05-04-04 2,000 American Legion Post 164 06-01-04 878 4,878 Tomodachi Judo 06-15-04 1,000 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Revised 07-13-04 S:\CC\WP\CCAGENDA\Community Investment Funds\COMMUNITY INVESTMENT SUMMARY 07-01-04.doc ~.~ --- , .__.c.___ .~_, ~~._ ,,_ _ __'_J~"'_~' .___ .~--.~ __.-.4o" __~~ . _ - -._ , --I Prainito, Janet To: Costello, Joyce Jbject: RE: Community Investment Funds I'll take care of it. Thanks. -----Original Message----- From: Costello, Joyce Sent: Tuesday, July 13, 2004 1:27 PM To: Prainito, Janet Subject: Community Investment Funds Janet Vice Mayor Ferguson would like to donate $5,000 to the YMCA Partner with Youth Program and $4,000 to the Community Caring Center. Please prepare paperwork for the August 3rd Commission Meeting. Are you going to do the cover memo or do you want me to? jc 1 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FOI, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Oerk's Office Meeting Dates in 10 City Clerk's Office [8] August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20. 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7. 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21 , 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November J. 2004 ~ 0 Administrative 0 Development Plans <"3 0 C"'>.....,. 0 ..... =i-< NATURE OF 0 Consent Agenda New Business '- c: -<0 AGENDA ITEM [8J Pub1ic Hearing [8J Legal r- 0"'1 N :-c.o 0 Bids 0 Unfinished Business - 070 :::0-:< 0 0 Ã-- Announcement Presentation <.:J .2: ~4 0 3: 00 City Manager's Report .r:- ,.,2: .. -r¡W ~ -f"T' C) 0> fTl RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Publi~ Hearing and Legal, Ordinance - First Reading. The Connnuníty Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. The City Commission postponed this item at the June 15, 2004 meeting at the request of the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROmCf: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map Horn General Commercial (GC) to Industrial (1). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo City Manager's Signature k£... ~ Planning and g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PR TS\FIorida Collision Ctr\LUAR\Agenda Item Request - Florida Collision Ctr LUAR 04-005 amend 1st reading 8-3- 04.doc S:\BUliE11N\FORMS\AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM A. AGENDA ITEM REQUEST FO~~u.. Requested City Conunission 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 ~ August3,2oo4 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7,2004 (Noon) August 16,2004 o November3,2oo4 (Noon) October 18,2004 . o September 2 I, 2004 (Noon) September 7, 2004 o November J 6,2004 (Noon) November J, 2004 n 0 0::; ~ --.-< 0 Administrative 0 Development Plans L --<0 c= r- n~ NATURE OF 0 Consent Agenda 0 New Business f'0 (-CD mC) AGENDA ITEM ~ ø - :7;; -< Public Hearing Legal ~z 0 Bids 0 Unfinisbed Business -0 tl) --t ::r C) 0 0 r- 0::z Announcement Presentation ""'"1 .. ~ro 0 ..ç- -tr1 City Manager's Report C> (J:t;> fTlo ::I: RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Connnunity Redevelopment Agency Board with a unanimous vote, reconnnended that the subject request be approved. The City Commission postponed this item at the June 15,2004 meeting at the request of the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECf: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to rezone ftom General Commercial District (C-4) to Industrial District(M-l). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: N/A ~v~to, City Manager's Signature Planning and g Director City Attorney / Finance / Human Resources S:\PlanningISHARED\WP\PRO \Florida Collision Ctr\LUAR\Agenda Item Request - Florida Collision Ctr LUAR 04-005 rezone 1st reading 8-3- O4.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . DEVELOPMENT DEPARTMENl' PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-021 "j TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director ofPlamùng and Zoning . DATE: ¡we 2, 2004 PROJECT DESCRIPTION Project! Applicant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P .A. Owner: Boynton Beach RB Enterprises, Inc. Location: 902 NE 3M Street We No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC)' and zoned C-4, General CommerçiaJ District Proposed ehangeluse: To reclassify· from General Commercial (GC) to IndUstrial (I) and to rezone ftom C-4 General Commercial District to M-l Industrial District. Adjacent Land Uses and Zoning: Nortl1: Right-of-way for NE 9· A venue, then vacant parcel designated Local R.etaiJ Commercial (LRCland zoned C-2, Neighborhood Commercial Dis1rict ... South: Right-of-way for NES· Avenue, then developed property (flex space) ·designated General Commercial (GC) and zoned C-4,·Oeneral Commercial District. East: Developed property '(auto repair and towing - Florida Conision Center) desigôated Industri8J(I) and zoned M-l, Industrial DistrÎét. West: Right-of-Way for NE 3M Street, then developed property (palm Beach County Head Start daycare and the city's Public Works' facility) designated PubHc and Private' . GovermneJltaJlInstitutionaJ (pPGI) and zoned PU, PubHc Usage. .) '. , .-,.---- Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staffreconnnends approval of the proposed land use amendment/rezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · WiU bring the applicant's entire property under the same land use designation and zoning category; and · WiJl increase the supply of land with M-Ilight industrial zoning suitable for smaJ) busin~~s. . BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property. is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels.· One of the parcels was developed with a single family home. a non-conforming use Wlder the cmrent zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicl~, but not wrecked motor vehicles, is a permitted use under current C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly from the Head Start daycare center located·to the west of the property, across &om NB 3111 Street. . . PROJECf ANALYSIS The subject parcel totaIs±o.52 acre. Because of the size of the property under consideration,.the Florida Department of· Co~unity Affairs classifies this amendment as a "small scale" amendment. A "sma11-scale" . amendment is adopted prior to forwarding· to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendments; Rezonings. These criteria are required to be part of a staff analysis when the.proposed change Ïlicludes . an. 8Dl¢ndment to the Comprehensive Plan Future Land Use Map. As per this requirement, the·fol1owing criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 . Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive ) plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning - department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consisteDt with all applicable comprehensive plan policies. .In particular, it is consistent with policies Wlder Objective 1.9 of the Land Use Element: Objective 1. 9 The City shall eliminate blighted residentiat neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Bòulevard and Ocean Avenue corridors, within the - commercial and residential Community Redevelopment Areas, and within the vicinity ofU.S. 1 and Martin Luther King Boulevard. The property is located in the Arden Perk neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment PIan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3id Street on the west, NB 3111 Avenue on the south and NE 9th Avenue on the north. The proposed rezoning does not affect density, neither is the property located witbin the hurricane evacuation zone. b. Whether the proposed reZoning would be contrary to the established land rue paUern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with ~he protection of the public welfare. The proposed rezoning would be consistent withthe·esbtbJished industria] and commercia] use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is ~ and within the industrially zoned area along the N. Industrial A venue, are deve10ped with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given-the presence of the Head Start child care facility west of the subject property. - c. Whether chángedor changing conditions maIce the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirabJe. The reoommendation is to reclassify all properties ftonting NB 3111 Street on the east side ftom 0enera1 Commercial District to M-l Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial ) designation in recent years may create future location problems for industrial and marginal Page 4 Fite Nmnber: LUAR 04-005 .- .--- --- Florida Collision Center commercial uses, which are important. to the economic fabric of the city by providing valuable services and employment opportunities. This applies to aIt land classified industrial. The shortage of industriaJ sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-l and may ultimately be recJassifiedlrezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utüity systems, roadways, and other public facilities. . The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of at(facent or nearby properties. As stated above, the proposed use of the property will be compauòle with the cmrent and future use of adjacent and nearby properties. It will not affect the property values of ~acent or nearby properties. However, the appropriate screening of the properties fronting NB 9 Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9th Avenue, across nom the subject property, wm Local Retail Connnercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion òf the industrial zoning district, beyond what is recommended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3M Street and NB 9th· Avenue, which represent a permanent sepamtion of the industrial ftom the surrounding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however~ the existing auto repair shop requires vehicle. storage and parking as an auxi1iary use which the property conveniently aooommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligtòle impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industria11and suitable for sma1l businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neigbbmbood needs assessment. h. Whether there are adequåte sites elsewhere in the city for the proposed use. in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as docwnented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. . Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSlONSlRECOMMENDATIONS ) As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. It is consisterit with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATfACHMENTS O:WAb\FIorida CoIIioIooo CaIer'&oØ'1lepon 1'1 CoDioIoo CeaI«.cIoc . <~) -- -- ~ ------ 902 NE 3rd STREET L ~ ~ Q I a c "'" ... : PPGI z GC I .. -+ ~2!50 100 160 Lt VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORt". Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8] August 3, 2004 (Noon.) Ju]y ]9,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 C") 0 September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 20~ ("") -t ::¡-< '- -':0 c: (J" I 0 Administrative 0 Development Plans N ~çO 'lQ - ~~~ -< NATURE OF 0 Consent Agenda 0 New Business '-:z -0 :"'~J --c AGENDA ITEM [8] Public Hearing 0 Legal :3: Q 'JZ 0 0 .r:- ::;¡co Bids UnfInished Business .. .¡::- .-rT1 0 Announcement 0 Presentation - nþ rT1n 0 :x: City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Public Hearing. The City Commission postponed this request rrom the July 20, 2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-l5l. EXPLANATION: PROJECT: Lake Drive North (ABAN 04-003) AGENT: Rodney Regan OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ //~~ Dev City Manager's Signature IVL Planning and Zoning ctor City Attorney / Finance / Human Resources S :\Planning\SHARED\ WP\PROJECTS Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 1st reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-151 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf t'--~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 30, 2004 SUBJECT: lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between lot 30 to the north and lot 31 to the south and provides access to the Intracoastal Waterway from lake Drive North. This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of Said subdMslon recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit -A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject . easement. North - A single-family house zoned R-l-AA, single-family residential district; South - A single-family house zoned R-l-AA, single-family residential district; and East - Intracoastal Waterway right-of-way; and West - Lake Drive North right-of-way and farther west a single-family house zoned R-l-AA, single-family residential district BACKGROUND In January of 1922, the Plat of Lakeside Gardens was approved (Exhibit "B-1"). This subdivision included two (2) avenues (Dimick Avenue and Potter Avenue), one (1) drive (lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause is in favor of the original Interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. Also _n__________ ,_ _..___,_,_._......__A~..'-__·_________'"'·...__~___<-__""__....__ . -"---~~--=~~--- , . Page 2 Memorandum No. PZ 04-151 . ABAN 04-003 indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. " fhe plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained in the Plat of Lakeside Gardens are dedicated to the public, however the plat does not provide any specific reference to the intent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal Waterway from lake Drive North. It should be noted that these walk easements are not being used as intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroaching from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal Waterway, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate it with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located immediately east of Lake Drive North, and as described above, be approved. This recommendation is based on staff's findings that the unimproved walk easement serves no public purpose, and could potentially create hazardous situations and be detrimental to the public welfare. Any conditions required by the Community Redevelopment Agency Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:lPlannlng\SHARED\WPlPROJECTS\lake DrIve NorthIABAN\Staff Reportdoc ... 1 in. = 100.0 feet R-3 -3 R 1- A --. LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" -.-- -~-_._--- - --~~-""'~------'--~'~~~"--'''-''~'~'>-'--"-'~- . - ----~-~.,,-,-- . . , -E~"WBo1 L.Atœ W«TH WATeIt\fAY ....10· -.'-.- --.. - ~ 00''''' 'OO'f ~ITe PIMIGK KI); - . .\i-,II . I "III; .. .' ,\~'" " .t$~~ 3 ~ ~~~~~. I \ . I i . >J'~.1A . . ~ \ . i: .. I ,. KI). . . . .~ L.OCíÄ T I QII MAP .T.<:I . -, . ~ " " ~ ~ - ~ - - .... OItAltMæ NI7Te:. .. . '" "-DOl) ZIN!: /1;1 1& 'II Ø'I/!()/M. . ~ § ~;r~-r»B. Nt). I "' '" CJCIØ4 G IIJ IJ WI' ~: ~JØ.I~.. . å å LD1' AK1!A . 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OriiIC;e (If" 1H! ~(If" 1H! ~IT c;ourr IN AN) I"« rALN GCUnY. "-«IPA. IN ruT e AT ~ ". 4-01-04 I · -20' r.~:': I t..¡;.. tMM:r M1I!. "KoMoI: i ,~ L.NI~AL. ~ fN6 C;~Tð.Ð, IN(;. 04-04-041 a:niplGATe (If' AlJ'lJ«IZATla-I tt.t.IIS ¡.& 'V4 fur ~Øll:lve ...-nt CO'tNIi . "-«lOA '54" ' 0PI"1a!: HI -7U-ð4'¡ flAX: HI -m-ð4Oe .. LAKES!.2~bdh~RDENS . Eë~1" the nOJ1h 683_" ft. of the south 983.4 ft. ~, bo,th Oovt. Lot ~ In LJ Sec.. '5 and that.part of the S.\v.~ of the N.W~ of SëctJon 15 lying east of the Dixie Highway, all In Twp.45 South R. 43 B., Palm Beach County, Fla. t9S!2 Seabonrd Engr. Assn., Scale I 60 ft. to the Inch. P. R. Bovve~., Chief Engr., Kelsey D. Purdy Þ'a. Cert. 137. , Lak ." Stiles C. Hall - . e Owners & D~elopeTs Worth ,,,. - - r'IT- , -'"'T- " '. , -----.., - , ,- - , ~ -,- --'" - - ._. I I '-_. t- , t M.ò' ~ . ~ . ~ø ~ ~ ZS .è6 .è7 Æ..'8 Z3.30 JI J¿ .3.3 :H .::JS 36 37 ~ S!3 ~ 35.96 97 98 Sg 100 101 I . _ _ _ _ _ _ _ tt!t&I NL _ _ _ _ _ _ _ _,u ....... 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" Î.. 1'" _ .111:"'-'- .9 ~ ct .~ % ~ I -.-.r/ ~-,--b.-.þ--- ,. . ;__,_." - ,",_.~__,,__"""""_"'_". - 0>-_<'---->-- EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ARAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be detennined. I I I S:\Planning\SHAREO\WP\PROJECTS\Lake Drive North\ABAN\COA.doc --". . "_'~--"'--"<- . - -._n _ ~_,.._ ._,~_,,- _~._~_ VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting. Dates in to City Clerk's Office [8J August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a 7 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-172. EXPLANATION: PROJECT Boynton Beach Memorial Chapel (COUS 04-003) AGENT Richard Wensing, Richard Wensing Architects & Planners P .A. OWNER: Stormet Norem Boynton Beach Chapel, Ltd. LOCATION: 800 West Boynton Beach Boulevard DESCRIPTION: Request conditional use/major site plan modification approval for a 773 square foot building addition to an existing funeral home on a l.2l-acre parcel in a C-2 zoning district. PROGRAM IMP ACT: FISCAL IMPACT: ~~ ALTERNATI City Manager's Signature lanning and Z g Drrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Memorial Chapel\Agenda Item Request Boynton Beach Memorial Chapel COUS 04-003 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-172 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric lee Johnson, AICP f{ Planner DATE: July 21, 2004 PROJECT: Boynton Memorial Chapel / COUS 04-003 REQUEST: Conditional Use / Major Site Plan Modification approval for an addition to an existing funeral home PROJECT DESCRIPTION Property Owner: Boynton Memorial Chapel, LTD. Applicant: Mr. Stormet Norem Agent: Mr. Richard Wensing, AIA / Richard Wensing Architects & Planners, P.A. location: 800 West Boynton Beach Boulevard (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Land Use/Zoning: No change proposed Proposed Use: 773 square foot addition to an existing funeral home Acreage: 52,805 square feet / 1.21-acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard, then farther north is an existing apartment complex (Savannah Lakes) classified High Density Residential (HDR) land use, zoned Multi-family Residential (R-3); South: Right-of-way for Northwest 1st Avenue, then farther south exist single-family homes classified low-density Residential (LOR), zoned Single-family Residential (R-1AA); East: Right-of-way for Northwest 8th Street, then farther east is developed Boynton Memorial Chapel - COUS 04-003 Page 2 Memorandum No. PZ 04-172 commercial classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2); and West: Partially developed single-family residential classified Moderate Density Residential (MDR) zoned Single-family Residential (R-1AA). BACKGROUND Mr. Richard Wensing, agent, is seeking conditional use / major site plan modification approval for a 773- square foot addition to an existing, one-story 8,187 square foot funeral home. If the addition is approved, the building would be a total of 8,960 square feet. According to the traffic impact analysis, the project would generate an additional 4 new daily trips and meet the Traffic Performance Standards of Palm Beach County. However, no building permits may be issued after the build-out date (2005). A funeral home is a conditional use in the C-2 zoning district (see Exhibit "0" - Matthews Cremation Division). The new addition would occur on the southeast corner of the building. The applicant wants to install a crematory within this area of the new addition. According to the applicant, the deceased are currently transported to a funeral home in Delray Beach for cremation. However, the applicant wants to be able to store and cremate the deceased on-site without the need to go to an off-site facility. If approved, the construction of the building addition as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The existing traffic flow would not change as a result of the proposed building addition. The survey shows that there are two (2) existing curb cuts located along Boynton Beach Boulevard. The point of ingress on Boynton Beach Boulevard occurs via a one-way opening located just west of the existing building. The point of egress on Boynton Beach Boulevard is positioned just the east of the building. Neither of these opening are dimensioned but when scaled, they appear to meet code requirements. Another main point of ingress / egress to the site occurs along Northwest EI" Street. Boynton Memorial Chapel - COUS 04-003 Page 3 Memorandum No. PZ 04-172 Likewise, this opening would not be altered as a result of this development. It is important to note that a secondary means of ingress / egress occurs at the rear of the site on Northwest 1st A venue. Vehicular traffic currently flows in a counter clockwise moäon around the building. Drive aisles surround the entire building, ensuring that on-site access for emergency and service vehicles is maintained on a continual basis and would not be interrupted as a result of the proposed building addition. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Funeral homes require one (1) parking space per 200 square feet of gross floor area. Based on a 8,187 square foot building, the site currently requires 41 parking spaces. With the 773 square foot addiäon, the project would require an addiäonal four (4) spaces for a total of 4S parking spaces. The proposed site plan (sheet Pl) shows the eliminaäon of two (2) existing parking spaces, but an increase to 50 parking spaces (an excess of five (5) proposed spaces). Two (2) of the spaces are designated for handicap use. These existing handicap spaces are located in the most appropriate on-site location, closest to the building's front entrance.. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The survey does not show the current dumpster locaäon. However, staff learned during a field inspecäon that a dumpster is located at the southeast corner of the property. It is not screened with any enclosure walls. To comply with code, the site plan (sheet P-l) now shows that the dumpster would be screened with enclosure walls in accordance with Chapter .9, Section 10. C3 of the Land Development Regulaäons. City trucks enter the site at any of the existing entrances entrance and proceed to the southeast corner of the property. The dumpster location is posiäoned in such a way as to facilitate the efficient removal of trash. According to the applicant, all deliveries are made at the rear of the existing building through an overhead door. When cremaäon is requested, the deceased must be transported from the site because the facility currently lacks a crematory. Tñis addiäonal trip would be eliminated if this request for condiäonal use is approved. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulaäons, all uäliäes, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed building addiäon would not have a negaäve impact on pervious or ''green'' area. Tñe site plan (sheet P-l) shows that the pervious area is 12,512 square feet or 23.69% of the total site. This excludes the vacant Lot 2S of Lake Boynton Estates. The landscape plan shows that a row of Acalpha hispida shrubs would be planted within a planter strip just around the new building addition. Also, the landscape plan tabular data indicates that two (2) Sabal palm trees, 210 Redtip Cocoplum hedges, one (1) Psidium Cattlianum, 50 Arbicola trinette, and other various plant material would be added to the site. Boynton Memorial Chapel- COUS 04-003 Page 4 Memorandum No. PZ 04-172 The site as it exists today, with exception to the southern landscape buffer, complies with the Land Development Regulations in terms of the landscape buffer widths. Current code requires landscape buffers adjacent to rights-ot-way be at least seven (7) feet in width (Chapter 7.5, Article II, Section S.D.). The southern landscape buffer, which is adjacent to Northwest 1st Avenue, is only five (5) feet in width and does not comply with the above-referenced code. However, pursuant to Chapter 7.5, Article II, Section B.A. of the Land Development Regulations, this buffer may remain at five (5) feet in width because increasing it by two (2) feet in width to comply current code would then cause the parking lot to become non-conforming because it would not be able to meet the City's parking lot standards (in terms of parking lot width). The tree spacing, however, must be brought up to current standards. Trees may not be spaced more than 30 feet apart from each other. Therefore, the landscape plan proposes to install four (4) new shade trees to the southern landscape buffer. However, contrary to the proposed landscape plan, it is staffs intent to preserve the existing Live Oak trees already located within this buffer because they are mature and currently provide a substantial upper-level canopy and screening. Rather than substituting the existing trees with saplings, staff recommends adding an additional tree or two (2) into the buffer so that the 30-foot maximum tree spacing requirement would be met (see Exhibit "Cn - Conditions of Approvalj. The applicant concurs with staffs recommendation and, if approved, the applicant would then submit revised drawings at the time of permitting while simultaneously coordinating efforts with the City Forester / Environmentalist, who would oversee the tree preservation. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. A monument sign currently exists within the north landscape buffer adjacent to Boynton Beach Boulevard. This project would not alter or add any more signs (for advertising). The only other signs present on-site are directional parking area / handicap signs. According to the applicant, all parking area lighting levels exist and have been in place for nearly 23 years. The lighting levels are adequate and do not create a disturbance to the neighboring residential properties. 7. Required setbacks and other open spaces. The proposed building addition would meet all setback requirements of the C-2 zoning district. No open spaces are being diminished as a result of the building addition. 8. General compatibility with adjacent property and other property in the zoning district. In general, the existing use is compatible with the commercial uses along Boynton Beach Boulevard and the C-2 zoning district. There would be minimal on-site impact and no adverse effects would occur from the building addition. The applicant states that "on a daily basis, traffic is light and the building design is a residential style of architecture. The grounds are spacious and well landscaped. It is therefore, very compatible with the surrounding residential areas and other properties in the zoning district'~ Staff concurs. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the C-2 zoning district is 25 feet The existing building was designed as a one (1) story structure, 23 feet in height The building addition would not exceed Boynton Memorial Chapel - COUS 04-003 Page 5 Memorandum No. PZ 04-172 the district's maximum height limitations and would compatible in comparison with the neighboring commercial and residential properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, the building addition would not appreciably change the operation of the existing business. The business will continue to operate as it has for years, without having a negative economic impact on surrounding properties'~ 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of al/ conditions and staff recommendations contained herein, the proposed building addition for the crematory would operate in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach (see Exhibit ''Dn - Mathews Cremation Division). The maker of the Mathews cremator certifies that when their equipment is in use, it would "create minimal off-site noise with decibel levels comparable to that of a vacuum or hair dryer inside the room'~ Also, they mention that the vibrations of the cremator are hardly noticeable from the opposite end of the machine and practically zero from anywhere else in the room in where it is housed. finally, the applicant certifies that their equipment would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properoes and would thus be in conformance with the City's performance standards. RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S: \Planning\SHARED\ Wp\PROJECTS\Boynton Beach Memorial Chapel\Staff Report.doc ~ '" ... r1 , " f-- - -~ ~ 1 in. = 200.0 feet I / ~ ,~ ~ ~ - H f- R3 f-- C2 - " ~ Rt= A('. RI vn ~ .- - ~ C2 ~ ; ~ i-- ~ / ~ I I.. _ .- / "'w -- A "I: .-J: I I I ;:¡ ; It" ..-1 I - ~4 I I ~ . ... ~ ... ~ - i-- . ... . AU'" A''''' ; - ~ ~ ~ ~ ~ ; r I I ; I I )IJ LOCATION MAP BOYNTON MEMORIAL CHAPEl EXHIBIT "A" /: '/0. n::"ii' u ,~r_.! 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II~ ¡¡¡a ~ ~ ~ i J a& ~~ ~~~ JI ~ ; ¡ iill n j dls II~ tiJ ~r- l BOYNTON MEMORIAL CHAPEL RICHARD WENSING Å I A.. 1 I~-~- I~ ._.lOnfafeuoekIIÐ AllClll'nCTa a ~ PA ..... -- ~ w.eT "ALM BBACH. A.OImA ~ ""-- '..._'_oI_....H."".._'''... I,,_UU'''''''' "'" EXI-IIBIT "B" ~ M·.~ f 'n ..·r ¡ ~~ ..____ ____n_, , : : I , "'L i ¡ I ¡ ! 'k' . I t. i -_ I --<Þ-I : "'" ! I ____'u_'nm___ , , ~. ~' i~ ~ ______.____~~:~ : 0 : _ I I 0 ~~ //1 : : z 2 / : I G> i / ;!! ../ ----------- .----_. - : o o ~ ! ~ 5: 0 z 0 0' . ---------- ~ ! ~ I it ~ , I I I I I I I : ~ I : : ! I ! ; ~ ,f<>~________=______ O;~~ , .. _ _ ~~_ J <. ___ <~ .._ _. ¡ ',! > f., Ê! I I' ~: , 'vtlv ,'" __n_______._n_n 0 I mmn~~\ : ,/ ~' " ill ' i " . _. _!' un_u'____'h ! ' - --<Þ-! ' ~ ~ -r ------ ---------- li-i : ~ .~ : __ I ~ ~ ~ 1· - 0" · I ' ~ f6 J § i t ~ I I r t · > I · Z t t · t I , I I , I , , I t I , I I , , t I I ; I :~ ~ ~: ~--------------~--------------~ ~I ~1~=-·:-1::- I B~~~~ON MEMORIAL CHAPEL ~.~~OAIà. J ~,.- _..mnmnn_n·unn_____ ___.____n~ ~..:~~~ \l.I.__·__1_~¡;_V4l)1..'I"_1IIo¡ r~...... I~ II )~_;>9~ ~JLJ. EXHIBIT "B" ; to to , ~ ~!ê-- I , ! ¿, -;:-1R; aMÐßS .-I~ gJ BOYNTON MEMORIAL CHAPEL R~.~~G ÅI~ ::.:...':::' ~ .... ~.>-« -- w.8T P'ALN .ADH. PI-OM)A ...........__ AA~ ~~.,-.,..I"\2IIIMJtr<.... fr,_UU;ft.-.1IIØ EXHIBIT "B" ríT'~~ "--4" :s: !,---4" l' " ~ --- i ~ ! i' ! .. ~---~-_._- ~ .~-----._-- ') ~ '. ~ . .. I. 'ª ~ ~. ~g ~ i!i i ! " 0 c: ,t -.0-.....,,"""5 ~~"~ " ~- ,---- EE . §" .1 I §. il f L_ ~~ :i .=-g - U ~~ 10 !~ ß: !! ~ . "j I~ ~ i ,(, ! - I~: ____~LJJ r __!G \ ~i o ' " I ¡ ~ i L ~ IiII ¡ 0 ¡ I ~ III ! ~I i 0 !s; i 5- :E 5-Z I' '" 1,0 -(I) '~ .:a ~ '" :J: ,.. '" '" < ;¡ >- < I~ >- ¡õ 'Z ill~ I BOYNTON MEMORIAL CHAPEL N -0 ~Il1Q_ R~.~~.~G AlA. ! ~ IT",,~~....... I~ _ w. .,........-..o...vo --- ..- w.eT ~ALM ....CH. n.oAÐ4 ........-... AA--oooJI'Ief . -------- -- EXHIBIT "B" - ---- J fr~ . Ißf~ ., ;! f I [.. ,rlk,JJ1 , if I" I I I Ii: I I I! , .!" ' 'I'" , , ¡:: i I t ¡ . ¡ kI ¡ i , . I -r-~ !J!' j; I " I ¡ ~1~ ! I i I ~'!,¡ I I ~ , ~ 1 z. p , <: c . J, ! ~ " i .. ~ ~ 'C ... , "'----- --- I ~ t~ .-, ". ~ ; i , ~, ~ J, ~. ¡ I . í i r ,(UI:" , U' -- -., BOYNTON MEMORIAL CHAPEL 1/1/14 ..... _"t~tI>'-I.I·oI. ",....,.."...'...1... .".r,.,l.'" EXHIBIT "C" Conditions of Approval Project name: Boynton Memorial Chapel File number: caus 04-003 Reference: 2nd review plans identified as a Conditional Use with a June 15.2004 Planning & Zoning date stamn markinQ. 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: 1. 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. 2. 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 200 1 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. 3. At time of permit review, submit signed and sealed working drawings of the X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I proposed construction. 4. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 5. Landscaping at project entrances shall contain a signature tree at both sides of X the point of ingress / egress (Chapter 7.5, Article II, Section 5.N.). 6. Staff recommends preserving the existing Live Oak tree, located along the X south property line (adjacent to Northwest 1st Avenue) and adding another shade tree within this buffer in order to comply with the tree requirements pursuant to Chapter 7.5, Article II, Section S.D. PLANNING AND ZONING Comments: 7. The proposed expansion requires conditional use approval rrom the Planning X & Development Board and City Commission. 8. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit X is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 9. When added together, the impervious and pervious areas should equal 100% X of the total site area. Indicate this information in the site plan tabular data (sheet P-l). 10. The removal/relocation of trees is subject to review and approval of the City X Forester / Environmentalist. 11. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section S.P). On the landscape plan, please categorize and quantify the plant material and quantify as follows: Shade trees, Palm trees, Shrubs & Groundcover. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS . . DEPARTMENTS INCLUDE REJECT Comments: 12. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 13. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Memorial Chapel\COA.doc . ~ BOYNTCJ.I /"EI'æ I A.. C~ FAX t-I). : 5617345604 '¡y. 102æ4 œ:SWV1 "'¿)"-t,;/ y Pi .. \... EXHIBIT "D" The $ùnd.rd DfBxCf/llence in C"rømDtion SuludtJlu ....... :r_ May 6, 2004 Mr. Stormet Norem Boyton Memorial Chapel 800 West Boyton ~h Boulevard Boyton Beach, FL 33426 Dear Mr. Norem, Several performance standards (item N) set forth by the City ofBoytcm Deach witJ be addressed in this letter as they pertain to our crematof5. The following addresses each issue as a line item: · Noise - Our trelIUlEOl' noise level is tolcrab]e to anyone within me same room. Dccibellevels .roWld 70-80; dB whicb is comparable to a bair dryer or a vac;uum. · Vibrations - ~ vibrations created by our cremator are scrictly created by a S-hp blower. Vibrations arþ hardly notÏcçabl~ fTom the opposite end of the CIOmator. aDd practically zero ttom U\ywhere el~ in the room. · Smoke - Out; cremator is equipped with a pro-active opacity monitor which when triggered by opacity greatt,r than 15% discontinues the cremation until opacity levels reach normal levels. This is acco,.plished internally prior to discharge. · Odors. fwnes and toxic matter - All of these issues aTe addressed by our operating temperature in the secondarj chamber (1 (j00-1800 F) and our design mention time (> 1 sec.). Maintainin¡ this ,. teq)erature in the after chainbet' and Tetenhon time we ensure that odors and pollutan~ aTe dealt with within the machine befol'e entering the atmosphere. Emission levels are VR'JI below al10wable ~ levels (Source Tut Summary attached). · FirelExplosiÓn Hazard - OUr .crem&tors are Underwriters Laboratories. UL Listed. File number MB14647, J..¡isting Number 87Et. · Heat, humidiht. or glare - Heat release by our maclúne is minimal due to 11-1/2 inches of combined iDlu1aåon used to fabricate the machine. · Liquid waste:- Not applicable. · Solid waste ..,. The cremated human remäins are returned to the families for final disposition. · EJeçtromaanCtic Inrerference - None is produced by our çrcmatof. · Huardous Vfaste - Not applicable to our cremators. · . AAy questions or ~ please feel ñee to contact me. Sincerely, : //.ßl~ Marco A. Salgado &gineer Matthews Cremation Division 2045 8pfIrit BauIeYaIG . ~:~ _70S · 8OCI-327.zN1 . 401"Il8;ol533 e.l"-.: ..,.....lotO DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE . CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Memorial Chapel APPLICANT'S AGENT: Mr. Richard Wensing, AlA I Richard Wensing Architects & Planners, P.A. AGENT'S ADDRESS: 901 Northpoint Parkway, Suite #109 West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use I major site plan modification approval for the construction of a 773 square foot addition to an existing funeral home on a 1.21-acre parcel in the C-2 zoning district, located at 800 West Boynton Beach Boulevard. LOCATION OF PROPERTY: 800 West Boynton Beach Boulevard 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 & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PlanningISHAREDiWP\PROJECTSiBoynton Beach Memorial ChapellDO.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC: ITEM D. AGENDA ITEM REQUEST FOKlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office I:8J August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 D Novemberl6,2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM I:8J Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Public Hearing. The Planning and Development Board with a 7 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-182. EXPLANATION: PROJECT: Renaissance Commons Phase IV (COUS 04-004) AGENT: James Comparato & Carl E. Klepper, Jr., Compson & Associates, Inc. OWNER: Compson Associates of Boynton II, LLC LOCATION: 1500 Gateway Boulevard (southeast comer of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 canal. DESCRIPTION: Request conditional use / new site plan approval for the construction of a six (6)-story 328-unit condominium building (70 feet in height) and 70 townhouse units and on an l8.l84-acre portion of the 86-acre parcel known as Renaissance Commons. PROGRAM IMPACT: N/A ~;~~~ ~;1 ~s DrortmentD;ìecto, Ity anager sIgnature A~. ~ A1///L Planning and æ'ning Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase IV COUS 04-004\Agenda Item Request Renaissance Commons Phase IV COUS 04-004 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-182 TO: Chair and Members Planning & Development Board THRU: Ed Breese Principal Planner FROM: Eric Lee Johnson, AICP ?f Planner DATE: July 22, 2004 PROJECT: Renaissance Commons Phase N (COUS 04-004) REQUEST: Request for conditional use / new site plan approval for a six (6)-story building with 328 condominium units and 14 townhouse buildings on an 18.184-acre portion of Renaissance Commons (f.k.a. Motorola DRI). PROJECT DESCRIPTION Property Owner: Compson Associates of Boynton II, LLC Applicants: Compson Associates of Boynton II, LLC and Town & Country Builders, Inc. Agent: Mr. James Comparato and Mr. Carl E. Klepper / Compson Associates, Inc. Location: Southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 canal (see Location Map - Exhibit "AfT) Existing Land Use: Development of Regional Impact (DR!) Existing Zoning: Suburban Mixed Use (SMU) Proposed Use: 328 condominium units and 70 townhouses Acreage: 18.184 acres (792,095 square feet) portion of the 85.552 acre-parcel Adjacent Uses: North: Undeveloped land with a Development of Regional Impact (DR!) land use dassification, uzonedSubul"ban . Mixed Use-{SMU)t .. then-farther north is right-of-way for Gat~way Boulevard, stitt farther north is developed commercial property (Shoppes of Boynton) with a Local Renaissance Commons Phase IV COUS 04-004 Page 2 Memorandum No. PZ 04-182 Retail Commercial (LRC) land use classification, zoned Community Commercial (C·3); South: Undeveloped land (Phase Three of Renaissance Commons) with a Development of Regional Impact (DRI) land use classification, zoned Suburban Mixed Use (SMU), then farther south is right-of-way for the Boynton C-16 canal. East: Right-of-way for the Lake Worth Drainage District E-4 Canal, then farther east is developed property (Boynton Beach High School) with an Industrial (I) land use classification, zoned Planned Industrial Development (PID); West: Undeveloped land (Phases Three and Rve of Renaissance Commons) with a Development of Regional Impact (DRI) land use classification, zoned Suburban Mixed Use (SMU), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Catalina Center) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject site is the location of the now-defunct Motorola Development of Regional Impact (DRI). The original Motorola DRI as approved in 1979 was, upon buildout, to contain 825,000 square feet (sq. ft.) of industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left undeveloped. In 2002, both the DRI development approval and the future land use designations were amended to allow the development of 63,500 square feet of commercial uses and 500 multi-family residential units in place of the un built 200,000 sq. ft. of office use. On July 20, 2004, the City Commission approved the applicant's request to rezone (LUAR 03-009) the property from Planned Industrial Development (PID) to Suburban Mixed-Use (SMU). Compson Assodates, Inc. is seeking conditional use / new site plan approval for the fourth phase of their project known as Renaissance Commons. The fourth phase is an 18.184-acre portion of the 85.552-acre parcel of land previously occupied by Motorola (DRI). This phase is primarily residential in nature, consisting of 70 townhouse-style dwelling units and a six (6)-story condominium building (328 dwelling units). All proposed uses in Phase Four are allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval for buildings proposed over 55 feet in height. Therefore, this phase of Renaissance Commons requires conditional use approval because the six (6)- --~.~-- _·_·-story-condominium-troftdlng-s-propo~ctat70~eetmñei9hftseeE<ffifjj{~=CorW:iifiónsOfÄpprovë:iI}. Renaissance Commons Phase IV COUS 04-004 Page 3 Memorandum No. PZ 04-182 The overall site plan (sheet SP-1) shows that the project would be separated into three (3) distinct areas. The first distinct area, noted as "Q-1" would be occupied by the "Villa Lago" condominium. The second distinct area, indicated as "Q-2" would be occupied by the "Vista Bella" townhouses. Lastly, the third area, indicated as "Q-3" would primarily consist of a segment of Renaissance Commons' major "spine road". This staff report will itemize each area as "Q-1 Villa Lago", "Q-2 Vista Bella", and "Q-3 spine road" or simply "spine road". CONCURRENCY The project has been approved by the Utilities Department for potable water and sanitary sewer. The Palm Beach County School District approved the entire Renaissance Commons site for 1,001 multi-family dwelling units. However, at the time of permit review, the applicant is required to submit updated information so that staff can easily confirm the cumulative number of residential units approved through Phases One through Four (see Exhibit "C" - Conditions of Approval). This information is required by staff in order to monitor the entire Renaissance Commons project for school concurrency purposes. Generally, a project's anticipated traffic is generated by two factors, namely the proposed use, which in this case is residential and its intensity, which is measured by the number of units. The Palm Beach County Traffic Division reviewed the project for traffic concurrency purposes and determined that it meets the Traffic Performance Standards (TPS) of Palm Beach County. This fourth phase is covered under the original approval for the Development of Regional Impact (DRI). The DRI's current is approval is for 1,551 multi-family dwelling units, 247,800 square feet of general office, 198,000 square feet of general retail, and 15,000 square feet of daycare. The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit "C" - Conditions of Approval). Police: The Police Department reviewed the subject request as to how it would impact their level of service. The Department reports that "based upon estimates for calls for service in the new developments (Phase Four and Rve), we would need at minimum to increase our staffing by one (1) officer to handle the additional workload. Please note that this is a conservative estimate". Fire: The Fire Department reviewed the subject request and reports the following: "The impact to the Fire Department is satisfied with a water flow capacity of 3,000 g.p.m. for a four (4)-hour duration, to address an emergency situation for high-rise buildings". STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 1l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication ·~·of·· propertyforstree~,-~atteys,.--re-creatkm-spaœam:tsideWðtks~n-ãSn-sñattnõëoetermÎneô necessary for the protection of the surrounding - area and the - Citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an Renaissance Commons Phase IV COUS 04-004 Page 4 Memorandum No. PZ 04-182 application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The area, indicated as "Villa Lago'; would be the locaöon of the six (6)-story condominium building. This portion of Phase Four would have two (2) points of ingress / egress. The site plan (sheet SP-2) shows that its main entrance / exit is proposed along the ''spine road'~ This opening would allow for safe vehicular and pedestrian access into the condominium building. Upon entering the "Villa Lago" area, its entrance drive would terminate into the ground floor (north elevaöon) of the parking garage. Likewise, the second point of ingress / egress to Villa Lago is proposed at the opposite end (south elevation) of the condominiums parking garage. It should be noted that security gates are proposed at both entrance / exits of the parking garage (the security gate detail is provided on sheet A-15). The area, noted as "Vista Bella" would be the portion of Phase Four primarily consisöng of the townhouses. Three (3) points of ingress / egress are also proposed along the ''spine road". The drive aisles would circulate throughout the townhouse portion of the project. Staff determined that fire, police, and service vehicles could easily maneuver through all above-referenced driveway openings, drive aisles, and curb-cuts. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. One-bedroom apartment units require one and one-half (1 ¥2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The Villa Lago portion of Phase Four proposes a condominium building consi5äng of 64 one {l)-bedroom units, 224 two (2)-bedroom units, 40 three (3)-bedroom units, and a recreaöon area. Therefore, in Villa Lago, a total of 629 parking spaces would be required. The cover sheet tabular data indicates that 639 or an excess of eight (8) spaces would be provided. Actually, if only 629 parking spaces are required, then the site plan provides an excess of 10 spaces because 639 are proposed. The cover sheet should be revised and noted as such on the tabular data (see Exhibit tiC" - Condiöons of Approvalj. The vast majority of the provided parking spaces would occur inside the parking garage (629 spaces), while six (6) spaces and four (4) spaces would occur as one-street and off-street parking, respectively. The site plan (sheet SP-2), shows that 70 townhomes are proposed in the Vista Bella portion of the project. The townhouses, all proposed as three (3)-bedroom units, in conjunction with the recreaöon area, would require a total of 145 parking spaces. The cover sheet needs to be updated to indicate that Vista Bella portion would provide a total of 165 parking spaces, which is a net surplus of 20 parking spaces (see Exhibit ''C'' - Condiöons of Approvalj. - --------- -~~----- --- -- -----.-.- - -- ------.-- ---~-_._---- --~-_.- In conclusion, the Villa Lago portion of the phase requires 629 spaces whilé the Vista Bellà portion requires 145 spaces for a combined total of 774 parking spaces required. The enöre project provides Renaissance Commons Phase IV COUS 04-004 Page 5 Memorandum No. PZ 04-182 804 spaces, or an excess of 30 spaces. It should be noted that Phase Four is just a small poroon of the Renaissance Commons development and staff reviews each phase (cumulatively) to ensure compliance with code. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. City trucks enter the Villa Lago site at either of the two (2) points of access but do not have to go directly into the parking garage because the trash containers are proposed outside the garage area. Four (4) trash rooms would be provided for Villa Lago condominium. Staff reviewed the plans and determined that the number, location, and orientation of the enclosures are adequate for trash removal and would be adequately screened from public view. The Vista Bella portion would have individual rollout container service for the development. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. However, at the time of permitting, the applicant would be required to submit a timeline that clearly illustrates when water and sewer services will be needed. The commencement date should start at the date of City Commission approval Also, the applicant would be required to provide milestone dates regarding permit application, the start of construction, and the setting of the first water meter. Utilities staff would use this timeline in order to determine the adequacy of water and wastewater treatment capacity upon the project's completion (see Exhibit "c" - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The "Total Parcel Data Phase Four" on the cover sheet shows that the pervious area for Phase Four would be 7.347 acres or 40.4% of the site. However, this figure may be slightly inaccurate because when added together, the impervious surface (48.94%) and the pervious surface (40.4%) do not equal 100% of the site (see Exhibit "c" - Conditions of Approval). The Villa Lago poroon of the development would have a pervious surface of 1.3 acres or 22.7% of the site. The landscape material would consist of a large quantity of shade trees, palm trees, and shrubs / groundcover. The landscape plan for Villa Lago (sheet L2 of 6) shows that the shade trees would consist of the following species: Brazilian Beutyleaf, East Palatka Holly, High Rise Live Oak, Yellow Tabebuia, and Bald Cypress. The palm trees would be comprised of the following species: Christmas, Queen, Alexander, Senegal Date, Medjool Date, Wild Date, Rorida Roya¿ Cabbage, Montgomery, and Washingtonia palm trees. A note on the landscape plan indicates that at least 50% of the landscape material would be native. At the time of permitting, the landscape plan would have to be updated to indicate the 50% native requirement categorized for the following: shade trees, palm trees, and shrubs / groundcover (see Exhibit ''C'' - Conditions of Approval). The Vista Bella poroon of the development would also be well landscaped and contain the same if not similar species proposed in Villa Lago. Likewise, at the time of permitting, the native requirement would have to be categorized for shade trees, palm trees, and shrubs / groundcover (see Exhibit "c" - Conditions of Approval). The Typical Unit Landscape Plan (sheet L5 of 6) shows -. the-proposed/andscape-materialiJrotJ/1deðdt1:ownhouse-tJf7it-lhis-plaŒ matedafwouldœ-s;milar to the otherpottions·of the landscape plan. The þlans ineetthë afiove-rerefeilcedstandéJfd for evaluating the screening, buffering, and landscaping. Renaissance Commons Phase IV CO US 04-004 Page 6 Memorandum No. PZ 04-182 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed signage would be consistent with the previous three (3) phases of Renaissance Commons. Two (2) sign walls are proposed for the Villa Lago development One (1) sign is proposed at the intersection of the spine road and main access road while the other would be located at the north entrance of the Villa Lago development The site plan (sheet SP-2) shows that each sign wall would be located 10 feet away from the ''property Jines" (measured from the outside of the curb along the spine road and access road). The ''Project Sign Wall" detail (sheet A-15) shows that the wall would be six (6) feet in height and have pilaster caps on top of each Type C column. The actual face of the sign would have six (6) to eight (B)-inch brass letters that reads "Villa Lago/~ The "Vista Bella" development would have three (3) sign walls. One sign wall would be placed at the southernmost entrance while the second and third sign walls would be placed on each side of the northernmost entrance that leads into the Vista Bella development These sign walls would have to be placed 10 feet away from the ''property line" (outside of the curb) (see Exhibit "c" - Conditions of Approval). The exterior lighting levels proposed on the photometric plans for Phase Four have been reviewed and approved by staff. The proposed lighting levels would not produce glare and cause unsafe driving conditions in or around the development The levels would be compatible and in harmony with the other three (3) phases already approved for the Renaissance Commons development (see Exhibit "c' - Conditions of Approval). 7 . Required setbacks and other open spaces. The zoning for Phase Four has recently changed from Planned Industrial Development (PID) to Suburban Mixed Use (SMU). The SMU zoning district requires usable open space for single-family detached, single-family attached, and all other uses. The Villa Lago condominium, normally considered multi-family residentia~ is considered "all other uses" in the SMU zoning district as it relates to usable open space. The useable open space requirement for multi-family dwellings is 20% with the condition that up to 50% of the usable open space may be hardscaped plazas and public gathering places. The site plan for Villa Lago (sheet SP-2) shows a poo~ clubhouse, and recreation area are proposed at the northeast comer of the development Also, the first Level Floor Plan (sheet A-1) shows that two (2) recreation areas are proposed within the confines of the condominium building. The cover sheet indicates that the Villa Lago portion would have a building footprint of approximately 49% of the site. The SMU zoning district also requires 30% of usable open space for single-family (attached) homes with the condition that at least 50% of the required usable space for said uses shall be contained within one or more common pooled areas and that a rectangle inscribed within each common pooled area shall have no dimension less than 75 feet The site plan for Vista Bella (sheet SP-1) shows that the pool is measured 20 feet by 30 feet. Although not dimensioned, when scaled, the recreation area would be BO feet in length and therefore meets the intent of the code. The ground floor 'buitcltrrgarea of the-tow!1hOOS1!!s1ny¡sta. BeHauls approXlma.~eJy25%~ofJf1£rsïte:-~f1'/a7r publIC gazebo ~ =.~- - __. - _._ __p_ __u _ _ _____ ---- areas are also proposed throughout the Vista Bella development. Collectively, the lot coverage for both the Villa Lago development and Vista Bella development equals 23.36% of the Phase Four site. Renaissance Commons Phase IV COUS 04-004 Page 7 Memorandum No. PZ 04-182 The SMU zoning district also has a provision whereby buildings heights can be greater than 45 feet in height. However, those buildings must adhere to the ''height setback envelope" limitation. The ''height setback envelope" is applicable when the SMU development is directly adjacent to a developed single-family residential zoning district. However, the height setback enveloped is not applicable for these projects because neither of them is adjacent to any single-family homes. Likewise, both developments would meet the required setbacks of the SMU zoning district. 8. General compatibility with adjacent property and other property in the zoning district. The current approval to give the entire Renaissance Commons parcel a single land use designation and single zoning district would allow for a greater integration of uses and a more innovative design for the entire property. The SMU zoning district would be compatible with the Quantum PID uses to the east of the property, and with the Community Commercial (C-3) uses to the north and west The Land Development Regulations for the Suburban Mixed Use district are designed to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. The Villa Lago condominium building is an appropriate use for the subject site. It resembles in performance, function, and appearance that of the four (4)-story condominium building approved in Phase One. Although the dimension was omitted from the site plan and elevations, it appears that each townhouse unit proposed in the Vista Bella development would be at least 20 feet wide. This dimension would comply lot front requirement for single-family attached developments in the SMU zoning district. The proposed townhouses are compatible with the townhouses approved in Phase One. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The SMU zoning district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows for a maximum building height of 55 feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and 75 feet measured to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use) but only as a conditional use. The Villa Lago condominium building is proposed six (6) stories tal¿ at 70 feet in height. It's placement within the Renaissance Commons property qualifies for conditional use review (see Exhibit "c" - Conditions of Approval). The Vista Bella development proposes three (3)-story townhouses. As previously mentioned, the maximum allowable building height for townhouses proposed in the SMU zoning district is 55 feet The elevations (sheet A-B) clearly indicate that the mid-point of the roof is proposed at 36 feet - three and one-half (3-V2) inches in height The peak of the roof would be 42 feet - four (4) inches . in I1eighti 7ñetØwnheuses-C<JIl1ply-witltthepermitted-ÓtJUding-heightof-theSMlJ-zoning-distriet.- Renaissance Commons Phase IV COUS 04-004 Page 8 Memorandum No. PZ 04-182 In conclusion, the proposed building heights of both the Villa Lago and Vista Bella developments would not exceed the SMU zoning distJiæs maximum height limitations and would therefore, be compatible in comparison with the neighboring commercial and residential properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed residential developments are expected to substantially increase the City's tax-base. The proposed development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that it will provide both commercial and residential development, is expected to generate approximately 1,090 jobs, and provide goods and services, as well as add to the range of housing opportunities in the City. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed residential developments would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for residential developments to violate the City's performance standards. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S: \Planning\SHARED\ WP\PROJECTS\Renaissance Commons\Site Plans\Phase IV cous 04-004\Staff Report.doc EXHIBIT "A" RENAISSANCE COMMONS LOCATION MAP N LEGEND W+E Eutw'aJ.and-Usas: LDR - Low Density Resldentlat MODR - Moderate Density Residential S LRC - Local Retail Commercial o 200_ 800 1.200 1 m.. EXHIBIT "8" - ·n.............. ~ ÚN1"dfnJU(l l\'lIIIIsrJJIif ~ v ruIo01OI'I} .- -- -- =~~ ...- -.... .oo"tOt M.Jt,tt.ØIS - I 8 Ii I, Ii ~. II ~ ! ~ ! I -'- j - -~-::.--- _____---1 . ! - " -3- D -- - - , .; I t:ö a I ~ i ~ ~ I ~ '"'" . . - ( ( ft!liiD!~mgf ~ ì CI) J I ,'fi; ¡nU,', 1 c:: - J '¡ßrrr!òJhfif! fì f ~ i · J J H'i'!~;fI J! . ~ ' . 0 > ï ¡ i~!·tlf.!!lil II ~ t--- J i ~ t i 1!!:!!ii9n!r.ì h . .. IS '.'. ! - 0 : . i I f IrCilt"rlrt(&. i 'I If J J ,... m g e 8 · ! 0 ¡ " tIiì,·~~¡ . .. .. i ! Jii U~, JJ·d i , ·.1 iuHt . o 0, !1II,jiIG I I ~:lffJH' J 11 ¡'I1' r Id.·,ir.' 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'~+- J ',' L r-, \~þ ~' :- : 1 ¡ r . ~. l I l (~. ~ ~ ~ : æ .... .: 1 . r III ' .~ I f I ~ :. L.....--J':' -' I . .' II 00 '!;;' .~ ="~~ 0 ~',J- ~ !!l Ii .. ~ "~ I ;: ~:j ~ ~,' . ~ ~~ \ '~ q '~~ \ ~ 5f ~ :: & ~~ -~_._~~ II I Renaíssance Commons R~f 11'1 ~~ ~ . r It I~ Ii II r II!g 01 ; Boynton Beach, Florida . n § EXHIBIT "8" .' .' ..~.' .-' "... "... .... -.. .... .' '.~" ,"',. "..., ..., ''',..,' . .......... ." .' ,,' , .,. , , , --- -- r - ~- ",/"';7-< o/f' /,r .' Q : ~~ !f . š: 0-; ~Qì II w , ~~ ~ , ~~ Ii ~~ ~.~(I¡ _~ . .____::s_~ .:--- I~ It I Renaíssance Commons H~fPII~~ Ii il í Jig Dlo> Boynton Beach, Florida IJ § EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase IV File number: CODS 04-004 Reference: 2nd review plans identified as a New Site Plan with a May 4, 2004 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: 1. A pre-application meeting with the Engineering Division to discuss plat X process is required subsequent to site plan approval. 2. Provide clarification on the Live Oaks shown as "TBD" on Sheets L-3 and L- X 4. These do not show up in the plant lists. 3. 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. 4. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 5. 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 pennitting. UTILITIES Comments: 6. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for pennit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as possible. COA 07/23/04 2 DEPARTMENTS INCLUDE REJECT 7. An intensification of this magnitude warrants a re-evaluation of our utilities X master plan in order to evaluate the adequacy of the service main network in the area. Any off-site improvements required to support this development will be the responsibility of the applicant. The developer has funded a study of this issue, however, and our final approval will be delayed until the completion of that study. 8. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 9. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure 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)). 10. 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. II. 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 12. A building permit for this project shall not be issued until this Department 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. 13. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities 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: 14. Buildings and structures more than three (3) stories or thirty-six (36) feet in X height or all buildings more than two (2) stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class I standpipes. City Ordinance Section 9-6, Section 6-2.2. 15. Please see attached FD Design Guide. It contains criteria currently being X · COA 07/23í04 3 DEPARTMENTS INCLUDE REJECT considered by the City Commission for a new ordinance. (Copy emailed to Mr. Carl Klepper 3/30/04). POLICE Comments: None X BUILDING DIVISION Comments: 16. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 17. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. 18. General area modifications to buildings shall be in accordance with 2001 X FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 19. 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. 20. 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 (pst) on the plans for the building design. 21. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. COA 07/23/04 4 DEPARTMENTS INCLUDE REJECT 24. On the drawing titled site plan, identify and label the symbol that represents X the property line. 25. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 26. To properly determine the impact fees that win be assessed for the one-story X pool/clubhouse, provide the following: > Will the pool/clubhouse building be restricted to the residents of the entire project only? > Win the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse? > Will there be any additional deliveries to the site? > Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse. 27. 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. 28. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a wen or body of water as its source. A copy of the permit shan be submitted at the time of permit application, F.S. 373.216. 29. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the fonowing information shan be provided at the time of building permit application: > The fun 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. > 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) 30. Pursuant to approval by the City Commission and an other outside agencies, X the plans for this project must be submitted to the Building Division for · COA 07/23/04 5 DEPARTMENTS INCLUDE REJECT review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 31. 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: y A legal description of the land. y The full name of the project as it appears on the Development Order and the Commission-approved site plan. y If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. y The number of dwelling units in each building. y The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 32. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 33. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specify the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. 34. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: y Common area covered walkways; y Covered stairways; y Common area balconies; y Entrance area outside of a unit; y Storage areas (not part of a unit); >- Garages (not part ofa unit); >- Elevator room; >- Electrical room; >- Mechanical room; >- Trash room; >- Mailbox pickup and delivery area; and >- Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3). COA 07/23/04 6 DEPARTMENTS INCLUDE REJECT Villa Laeo 35. Title Sheet "Data". A 13R system cannot be used in these structures. A 13 X system shaH be installed per NFP A 13. 36. Provide match lines on Sheets E-l through E-3. BBA to the 2001 FBC, X Section 104.2.1. 37. Sheets A-I through A-7. Define on the plans if parking spaces numbered 200, X 309,418,527,638, and 639 are handicapped accessible spaces. 38. Sheet A-I0. Show all clear floor spaces per the Federal Fair Housing Act. X Show method of compliance for the kitchens and the bathrooms, and which design option (A or B) is being used. Vista Bella 39. Subnút drawings for the Gazebo. BBA to the 2001 FBC, Section 104.2.1. X PARKS AND RECREATION Comments: 40. The Recreational Facilities Impact fee will be $269,138 based on the X following: 328 multi-fanúly units @ $656 ea. =$215,168 70 single fanúly attached units @ $771 ea. =$ 53,970 FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 41. This project requires conditional use approval from the Planning & X Development Board and City Commission. If approved, staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 42. This project is the fourth phase of the Renaissance Commons (f.k.a. X Motorola) development. The School District of Palm Beach County approved the Renaissance Commons project for 1,001 residential units for school concurrency purposes. At the time of permitting, please confirm the cumulative number of residential units approved through phases One through Four. COA 07/23/04 7 DEPARTMENTS INCLUDE REJECT 43. The SMU zoning district allows up to 20 units per acre. This phase is the X fourth phase of the Renaissance Commons project. At the time of pennitting, provide staff with the project density. This density would take into consideration the entire Renaissance Commons land area (+/- 86 acres) and the approved number of units from phases One through Four. 44. At the time of permitting, on Villa Lago's site plan (sheet SP-2), eliminate the X reference to "property line" because the arrow merely points to the phase line of the project and not its true property line. 45. The "Q-I Villa Lago" portion of the phase requires 629 spaces while the "Q- X 2 Vista Bella" portion requires 145 spaces for a grand total of 774 parking spaces. The project provides 804 spaces, or an excess of 30 spaces. This should be noted as such on the "Total Parcel Data Phase IV" on the cover sheet at the time of permitting. 46. At the time of permitting, all parking spaces, including handicap spaces, X should be labeled on Villa Lago's 1st level (sheet A-I) through the 6th level (sheet A-6) of the parking garage. Ensure that the configuration of the parking area is consistent between all plans. The total number of proposed parking spaces should match between the graphic and the tabular data on the cover sheet and on sheet SP-2. On the site plan ensure that the labels regarding the number of parking spaces for each row (including on-street parking) is correct and directly corresponds to the actual number proposed within each row. 47. The cover sheet's tabular data for "Villa Lago" regarding the required parking X is incorrect because five (5) spaces are required for the recreation area. At the time of permitting, please revise the tabular data to indicate that five (5) more spaces are required for recreation area, resulting in a total of 629 required parking spaces. Also, this information should correspond with the "Parking Distribution Table" on the corresponding site plan (sheet SP-2). 48. The "Total Parcel Data - Phase IV" on the cover sheet, the impervious X surface and the pervious surface should equal 100% of the Phase IV site. Update cover page at time of pennitting. Also, on the cover sheet, ensure that the information indicated in the "Total Parcel data Phase IV" directly corresponds and agrees with the information derived from both the "Vista Lago" and "Vista Bella" portions of the project. These three (3) tables (on the cover sheet) will be reviewed for accuracy at the time of permitting. 49. The area of the brass letters proposed within the subdivision development X sign of "Villa Lago" (as shown on sheet A-15) cannot exceed 32 square feet in area (Chapter 21, Article IV, Section 1.D.). This is the same for the "Vista Bella" development as well (as shown on sheet SP-1.1). Also, the sign walls should be setback 10 feet from the outside of the curb. 50. On the cover sheet tabular data regarding "Vista Bella", based upon the X COA 07/23/04 8 DEPARTMENTS INCLUDE REJECT proposed uses and their intensities, this portion of the project requires a total of 145 parking spaces, not 150 spaces as currently indicated. At the time of pennitting, correct the tabular data to accurately reflect the true number of the required and provided parking spaces. This table (on the cover sheet) should directly correspond with the "Parking Distribution Table" provided on sheet SP-3. Also, indicate on both tables, the correct number of spaces provided as on-street, off-street (driveway), one-car, and two-car garage parking. 51. The site plan page for "Vista Bella" (sheet SP-3), prepared by Mouriz Salzar, X incorrectly identifies the sheet as "Vista Lago". Correct the names of the plans at the time of permitting. 52. The photometric plans indicate the lighting levels but do not show the X outdoor lighting fixtures that would be used throughout the project. At the time of pennitting, provide a detail of the typical freestanding outdoor lighting fixture. The detail should include the dimensions, materials, and colors. Staff recommends that its design and style be compatible with the building design (height) and poles that were used throughout Phases One through Three (Chapter 9, Section 10.F.1.). 53. Place a note on the site plan for "Vista Bella" (sheet SP-3) that no screened or X solid roof enclosures are pennitted for those units proposed along the 40-foot wide landscape buffer (along the east property line). 54. Include large sized color renderings of an elevations for both "Villa Lago" X and "Vista Bella" by Planning & Development Board meeting (Chapter 4, Section 7.D.). 55. At the time of permitting, the elevation pages for "Vista Bella", including its X clubhouse (sheet A-I) shall indicate the exterior finish, paint manufacturer's name, and color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 56. Landscaping at project entrances shall contain a signature tree at both sides of X the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees. Signature trees must have 6 feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). 57. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). This native requirement should be shown At the time of permitting, please categorize as follows: . Shade trees, COA 07/23/04 9 DEPARTMENTS INCLUDE REJECT . Palm trees, and . Shrubs / Groundcover. On the Phase N landscape plan (sheet L6 of 6), provide the total quantities and percentage of native species for both residential developments (Villa Lago and Vista Bella). PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 58. None X CITY COMMISSION COMMENTS: Comments: 59. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase IV COUS 04-004\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase IV APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl E. Klepper / Compson Associates Incorporated AGENT'S ADDRESS: 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of six (6) story building (328 condominium units) and 70 townhouse units on an 18.184-acre portion of the 85.522-acre parcel in the SMU zoning district. LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue, just north of the C-16 canal. 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 & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SlL<\RED\WP\PROJECTS\Renaissance Corrunons\Site P1ans\Phase IV COUS 04-004\OO.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM E. AGENDA ITEM REQUEST Fe. 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 [8J August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City COnmllssion Agenda under Public Hearing. The Planning and Development Board with a 7 to 0 vote, recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-184. EXPLANATION: PROJECT: Renaissance Commons Phase V (COUS 04-005) AGENT: Stephen Liller, Town & Country Builders, Inc. OWNER: Compson Associates of Boynton II, LLC LOCATION: 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 canal. DESCRIPTION: Request conditional use / new site plan approval for the construction of two six (6)-story condominium buildings (75 feet in height) for a total of 447 dwelling units on an 8.538- acre portion of the 86-acre parcel known as Renaissance Commons. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A City Manager's Sìgnature a g and Zoning Dire tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase V COUS 04-005\Agenda Item Request Renaissance Connnons Phase V COUS 04-005 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-184 TO: Chair and Members Planning & Development Board THRU: Ed Breese Principal Planner FROM: Eric Lee Johnson, AICP rt Planner DATE: July 22, 2004 PROJECT: Renaissance Commons Phase V (a.k.a. Montevardi at Renaissance Commons) COUS 04-005 REQUEST: Request for conditional use / new site plan approval for two six (6)-story buildings with 447 condominium units on an 8.538-acre portion of Renaissance Commons (f.k.a. Motorola DRI). PROJECT DESCRIPTION Property Owner: Compson Associates of Boynton II, LLC Applicant: Town & Country Builders, Incorporated Agent: Mr. Stephen B. Liller / Town & Country Builders, Incorporated Location: Southeast corner of Gateway Boulevard and Congress Avenue, just north of the L.W.D.D. C-16 canal (see Location Map - Exhibit "A'') Existing Land Use: Development of Regional Impact (DR!) Existing Zoning: Suburban Mixed Use (SMU) Proposed Use: 447 condominium units Acreage: 8.538 acres (371,937 square feet) portion of the 85.552 acre-parcel Adjacent Uses: North: Undeveloped land with a Development of Regional Impact (DR!) land use classification, zoned Suburban Mixed Use (SMU), then farther north is right-of-way for Gateway Boulevard, still farther north is developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use classification, zoned Community Renaissance Commons Phase V CO US 04-005 Page 2 Memorandum No. PZ 04-184 Commercial (C-3); South: Undeveloped land (Phase III of Renaissance Commons) with a Development of Regional Impact (DRI) land use classification, zoned Suburban Mixed Use (SMU), then farther south is right-of-way for the Boynton C-16 canal; East: Right-of-way for the Lake Worth Drainage District E-4 Canal, then farther east is developed property (Boynton Beach High School) with an Industrial (I) land use classification, zoned Planned Industrial Development (PID); and West: Undeveloped land (Phase Three of Renaissance Commons) with a Development of Regional Impact (DRI) land use classification, zoned Suburban Mixed Use (SMU), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Catalina Center) with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject site is the location of the now-defunct Motorola Development of Regional Impact (DRI). The original Motorola DR! as approved in 1979 was, upon buildout, to contain 825,000 square feet (sq. ft.) of industrial, research and development, and office uses. Following approval, 625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft. of approved office use left undeveloped. In 2002, both the DRI development approval and the future land use designations were amended to allow the development of 63,500 square feet of commercial uses and 500 multi-family residential units in place of the unbuilt 200,000 sq. ft. of office use. On July 20, 2004, the City Commission approved the applicant's request to rezone (LUAR 03-009) the property from Planned Industrial Development (PID) to Suburban Mixed-Use (SMU). Compson Associates, Inc. is seeking conditional use / new site plan approval for the fifth phase of their project known as Renaissance Commons. The fifth phase is an 8.538-acre portion of the 85.552-acre parcel of land previously occupied by Motorola (DRI). Similar to Phase Four, this fifth phase is also primarily residential in nature, consisting of two six (6)-story condominium buildings (447 dwelling units). Condominium units are allowed in the SMU zoning district. However, the SMU zoning district requires conditional use approval for buildings proposed over 55 feet in height. Therefore, this phase of Renaissance Commons requires conditional use approval because these six (6)-story condominium buildings are proposed at 75 feet in height (see Exhibit "c" - Conditions of Approval). Renaissance Commons Phase V COUS 04-005 Page 3 Memorandum No. PZ 04-184 The master plan (sheet MP-1) shows that the project would consist of two (2) separate buildings proposed within two (2) separate phases. The first floor plan (A-2.00) shows that the southern building would be constructed first and then the northern building would be built. CONCURRENCY The project has been approved by the Utilities Department for potable water and sanitary sewer. The Palm Beach County School District approved the entire Renaissance Commons site for 1,001 multi-family dwelling units. However, at the time of permit review, the applicant is required to submit updated information so that staff can easily confirm the cumulative number of residential units approved through Phases One through Five (see Exhibit "C" - Conditions of Approval). This information is required by staff in order to monitor the entire Renaissance Commons project for school concurrency purposes. Generally, a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity . Accordingly, staff reviewed for the anticipated traffic impacts by analyzing the proposed number (447 units) and type (condominium) of dwelling units. The Palm Beach County Traffic Division reviewed the project for traffic concurrency purposes and determined that it meets the Traffic Performance Standards (TPS) of Palm Beach County. This fifth phase is covered under the original approval for the Development of Regional Impact (DRI). The DRI's current approval was for 1,551 multi-family dwelling units, 247,800 square feet of general office, 198,000 square feet of general retail, and 15,000 square feet of daycare. The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the time of permitting (see Exhibit "C" - Conditions of Approval). Police: The Police Department reviewed the subject request as to how it would impact their level of service. The Department reports that "based upon estimates for calls for service in the new developments (Phase Four and Five), we would need at minimum to increase our staffing by one (1) officer to handle the additional workload. Please note that this is a conservative estimate". Fire: The Fire Department reviewed the subject request and reports the following: "The impact to the Fire Department is satisfied with a water flow capacity of 3,000 g.p.m. for a four (4)-hour duration, to address an emergency situation for high-rise buildings". STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 1l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses 'vVhen not in harmonÿ with the intent and pUïpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings Renaissance Commons Phase V COUS 04-005 Page 4 Memorandum No. PZ 04-184 certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject phase, as illustrated on the master plan, would be nestled in between Phase Three (to the west), Phase One (to the south), and Phase Four (to the east). At this time, nothing has been formally submitted regarding the portion of Renaissance Commons directly to the north of Phase Five. In any case, vehicles would enter Phase Five from four (4) different points of ingress / egress. One point, the southernmost entrance, is proposed along what the master plan refers to as ''Renaissance Commons Boulevard'~ The site plan (sheet SP1.0) does not indicate the width of the entrance but it would be large enough to accommodate two (2)-way traffic movements. Upon entering from ''Renaissance Commons Boulevard'; vehicles could turn left (west), straight (north), or right (east) into Phase Five. The second point of ingress / egress is proposed at the opposite (north) end of the building; on one of the developmenrs drive aisles. This drive aisle is not as large as ''Renaissance Commons Boulevard" but it does connect to Phase Three, which has direct access onto Congress Avenue. This northernmost entrance would also allow for two (2)-way traffic movements. The third and fOUlth points of ingress / egress are proposed along the "spine road" of the Renaissance Commons development. One opening would be a major entrance, the other, a subordinate entrance. The major entrance would allow vehicles to directly access the interior portion of the phase. However, since these condominium buildings resemble the condominium buildings in the other phases, it is highly conceivable that the future homeowners would want security gates at each entrance / exit to the parking garage. If security gates are desired in the future, staff recommends that they resemble the one-arm security gate proposed in the Phase Four condominium building (see Exhibit "c" - Conditions of Approval). Nonetheless, as proposed, all entrances would allow for safe vehicular and pedestrian access into the condominium building. The applicant states that "ingress and egress for the project has been carefully planned to provide exemplary pedestrian access throughout the site in a safe and convenient manner. The applicant has worked with the Rre Department to develop the fire department design guidelines in case of fire or catastrophe'~ Staff concurs and agrees that fire, police, and service vehicles could easily maneuver through all above- referenced driveway openings, drive aisles, and curb-cuts. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. One-bedroom apartment units require one and one-half (1 V2) parking spaces. Two and three bedroom apartment units require two (2) parking spaces each. The project proposes two (2) condominium buildings consisting of a total of 84 one (1)-bedroom units, 282 two (2)-bedroom units, 81 three (3)-bedroom units, and a recreation area. Therefore, a total of 857 parking spaces would be required. The master plan (sheet MP-O.l) tabular data indicates that 901 spaces or an excess of 44 spaces would be provided. The vast majority of the provided parking spaces would occur inside the parking garages (844 spaces), while 31 spaces and 26 spaces would occur as on-street and off- street parking, respectively. It should be noted that Phase Rve is just a small portion of the Renaissance Commons development and staff reviews each phase (cumulatively) to ensure compliance with code. Renaissance Commons Phase V COUS 04-005 Page 5 Memorandum No. PZ 04-184 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Each of the two (2) buildings would have four (4) trash rooms proposed on the ground floor. The refuse would be contained within a room unseen from public view. Howeve~ on trash pick-up da~ each dumpster would be transported to a single designated area, which is proposed at the north side of northern building. This designated area, indicated as "common trash pick-up area" is shown on the first floor plan (sheet A-ZOO). The plan shows that the trash trucks would have enough space to maneuver around to pick up the containers because of a proposed 67-foot back up area. No trash trucks would have to enter the parking garage. Staff reviewed the plans and determined that the numbe~ location, and orientation of the enclosures and the pick-up area are adequate for efficient trash removal. Howeve~ the onus is on the property owner(s) in making sure that on trash pick-up days, the dumpsters are transferred from their room to the "common trash pick-up area I'~ 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. Howeve~ at the time of permitting, the applicant would be required to submit a timeline that clearly illustrates when water and sewer services will be needed. The commencement date should start at the date of City Commission approval. Also, the applicant would be required to provide milestone dates regarding permit application, the start of construction, and the setting of the first water meter. Utilities staff would use this timeline in order to determine the adequacy of water and wastewater treatment capacity upon the projects completion (see Exhibit ''CI'I' - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The master plan (sheet MP-O.l) tabular data shows that the pervious area for Phase Five equals 1.962 acres or 22.98% of the site. The landscape material would consist of a large quantity of shade trees, palm trees, and shrubs / groundcover. The landscape plan (sheet L3 of 3) shows that the shade trees would consist of the following species: BrazHian Beautyleaf, East Palatka Holly, High Rise Live Oak, Live Oak, and Yellow Tabebuia. The palm trees would be comprised of the following species: Ribbon, Alexande~ Senegal Date, Medjool Date, Florida Royal, Cabbage, Teddy Bea~ Montgomery, and Washingtonia palm trees. A note on the landscape plan indicates that 68% of the shade trees, 72% of the palm trees, and 50% of the shrubs would be native. An area of special concern is along the south façade of the southern parking garage and along the north façade of the northern parking garage. In order to lessen the impact, the landscape material proposed on these facades would include 25 to 35 foot tall Washingtonia palm trees, 12-foot tall Coconut palm trees, eight (8) foot tall Pitch Apple plants, and Green Island ivy that would climb up the facade. In general, the plans meet the above-referenced standard for screening, buffering, and landscaping. The applicant states that the proposed ''screening buffering, and landscaping are far in excess of the minimum required and was designed to augment the architecture of the building with colo~ height, and variation of plant and tree materialsl'~ Staff concurs. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibilitý and harmony with adjacent and nearby properties. Renaissance Commons Phase V COUS 04-005 Page 6 Memorandum No. PZ 04-184 The proposed signage would be consistent with the previous four (4) phases of the Renaissance Commons development One (1) monument sign is proposed for the proposed phase. The site plan (sheet SP-LO) shows that the sign would be located within the center of the landscaped median at the main entrance. The sign structure is required to be located 10 feet away from the phase line measured from the outside of the curb along the spine road and access road (see Exhibit "C"- Conditions of Approval). The "Front & Back Elevation" detail of the monument sign (sheet SP-1.1) shows that the wall would be six (6) feet in height and have pilaster caps on top of each Type C column. These caps and the top of the sign would reach as high as seven (7) feet in height. The actual face of the sign would have three (3) to 10-inch brass letters that reads "Monteverde Condominiums'~ The exterior lighting levels proposed on the photometric plans for Phase Five have been reviewed and approved by staff. The proposed lighting levels would not produce glare and cause unsafe driving conditions in or around the development. The levels would be in compatibility and harmony with the other four (4) phases already approved for the Renaissance Commons development (see Exhibit "e' - Conditions of Approval). The applicant states that the "signs and all exterior lighting have been designed to direct their lighting pattern in a manner to achieve maximum coverage while being compatible and harmonious with adjacent properties'~ Staff concurs. 7. Required setbacks and other open spaces. The zoning for Phase five has been changed from Planned Industrial Development (PID) to Suburban Mixed Use (SMU). The SMU zoning district requires usable open space for single-family detached, single-family attached, and all other uses. The "Monteverde" condominium~ normally considered multi-family residential, is considered ''all other uses" in the SMU zoning district as it relates to usable open space. The useable open space requirement for multi-family dwellings is 20% with the condition that up to 50% of the usable open space may be hardscaped plazas and public gathering places. The first floor plan (sheet A-2.00) shows a pool, gazebo, and open courtyard areas, all proposed within the envelope of the building. However, an open interior plaza is also proposed in the center of the two (2) buildings. The master plan (sheet MP-0.1) tabular data indicates that the condominium buildings would have a footprint of 56.34% of the site. These amenities and their dimensions clearly meet the open space requirements. The SMU zoning district has a provision whereby buildings heights can be greater than 45 feet in height. However, those buildings must adhere to the "height setback envelope" limitation. The ''height setback envelope" is applicable when the SMU development is directly adjacent to a developed single-family residential zoning district. Basically, the setback would be the building height multiplied by three. As proposed, the buildings are 75 feet in height and therefore, a 225-foot setback would be required. The plan shows the building would be setback over 228 feet from Congress A venue. However, the height setback envelope relative to single-family residential zoning is not applicable in this instance because the development is not adjacent to any single-family homes. 8. General compatibility with adjacent property and other property in the zoning district. The current approval to give the entire Renaissance Commons parcel a single land use designation and single zoning district would allow for a greater integration of uses and a more innovative design for the entire property. The SMU zoning district would be compatible with the Quantum PID uses to Renaissance Commons Phase V COUS 04-005 Page 7 Memorandum No. PZ 04-184 the east of the prope~ and with the Community Commercial (C-3) uses to the north and west. The Land Development Regulations for the Suburban Mixed Use district are designed to lessen the impacts on surrounding existing development by keeping the taller and more intense structures away from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. The proposed condominium buildings are an appropriate use for the subject site. They resemble in terms of performance, function, and appearance that of the six (6)-story condominium building proposed in Phase Four. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The SMU zoning district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows for a maximum building height of 55 feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and 75 feet measured to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use) but only as a conditional use. The Monteverde condominium buildings are proposed six (6) stories tall, at 75 feet in height. It's placement within the Renaissance Commons property qualifies for conditional use review (see Exhibit "c" - Conditions of Approval). The proposed building heights would not exceed the SMU zoning district's maximum height limitations and would compatible in comparison with the neighboring commercial and residential properties. The applicant states "the height of the structure (75 feet) is located toward the center of the Renaissance Commons project to create a wedding cake approach to height This allows lower structures on the perimeter of the SMU zoning district to shield the higher structures, which would conform to the conditions and intent of the SMU zoning district. Staff agrees. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed development is expected to substantially increase the City's tax-base. The proposed development for the site is consistent with Policy 1.19.2 of the Comprehensive Plan in that the project (as a whole) would provide both commercial and residential development and is expected to generate approximately 1,090 jobs, and prov/äe goods and services, as well as add to the range of housing opportunities in the City. According to the applicant, "economically, the project will have a positive effect on the tax receipts of the City and provide substantially more in tax revenue than expense to the City. With the average cost of homes in excess of $200,000 each, the benefit to the City is economically advantageous. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Oråinance. With incorporation of all conditions and staff recommendations contained herein, the proposed Renaissance Commons Phase V COUS 04-005 Page 8 Memorandum No. PZ 04-184 buildings would exists in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for residential developments to violate the Citys performance standards. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. 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'Ì.. ¡p ~Z:i ( :.. ,,"111 o -.:t ], i'! i!! .1. :llh¡ i3 ¡;; " .-. . J." "'~ ~ '"J 11 ¡ lj!~ t'q Men ~ ~ ", ,.. :1,.. :¡. iè" ~. ., . . "~'.I !í"'~ "-..{ hI); ~ ~Ii .. b-' ..... . ~~t !! L:-1i ¡~ rr· I :::: -~-.-.....__...... ---,,"--"--"--J--"'~...-r J f?> ~ ~ I n.'~.".~¡¡¡ §~~ ðnn §HI Monteverde Condos S U/lII_ ~." ~....~.... ~ 8J1i t¿! .... ~ ~ og z =ò3:g. D___:__ C I J ~~ 'ï:::I t"" ~~~~i;! ~ç ~ ",3. ~i e .¡¡~ at lU<IIUUJtVlce omtIIOII.f f Iii!:! I >""" ::::¡f~'-- ~~UI ZQ""œ .'1 BoyrtttRIlJeødc.FIoritJG óëi! o z:Þ1; ~~...... VI "'~ 3"'" ~ I ~i ~~~i . <: ~~~~¡ ~ · ~I :¡ Town & CmmtryHomes !~nJ ~ ~f~~ ! i · ~ ~ g ; i /loyfrtofc BeacIa. FlorlJa 0 © 2004 Dune)' Johnson A$:KICio!es Atdlilects. Inc. Ail Riqhls R~d. Ho pori of these ideas. Dlnns. Of" designs may be r~PfDduced oc cop~d in any iJrn lllhatsoever without th~ nprns ....1Ier¡ CDn!>eJ>t {oj Ouincy Johnson Assoc:ia1~ Ard\il~ta. ". -""'-..--.."---....----.. EXHIBIT "8" I NalJ::.~':''lE>lUE I 'I ...M&.·'NS~ . 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Is Ii! ! i"1 P II B ¡ I ·1' II i ~!I I ¡il' ¡lül!Uld !æ i ; I I I i UiiG. .; II I I I ,I.lfl., 21 i '. 1i!'~':hJI!f I. "mJ Ð).:. II IJ mil RENAISSANCE COIAIAONS ~HASE V ~~II~~ ~.' III ~ Pii PORlION OF "MOTOROLA PLA T -J!:...~~""&ã :.., ¡¡¡ .. & BOUNDARY SURVEY _~...,. ...._ .. E:XHltill -1:) - - - ~rJj ~õ ~z "'" t""' :> z '~' ~ .' .y '. ~ I /, I , ; , 'I ' 'I ' , ., :: I ¡ 1!.µ3--o !~ : i¡ : ~~ I 1 H i ~i ! ~ -I .. [rc:l: E ~:~! ~ w N o ~ ~ ~ ~ 0 :> z ~ C- ~ ~ ~ Z . _ :> ~ I I ~( I <~ -~.. (l -< : '~: iIT ~ I. i <: 1, , :> . .....¡ . './' .' .... \\; 0 z I·, ~ o 0 , I I I I i6 T~· !:ò> rn totIli ~~.~~I·. §~~ ð~;rni ml' Monteverde Condos IU811, .... ....Z[ ~.~-'!' ª~'" -~~~ zl =.0 R· ,,______ JS!e ',"" O.....¡' ~,;;~~: ~~~ ;:'~m~ol .~~ at etUlWatICe'-<lmlrWlloY lifS:~ .... z~; ¡¡=~~ r' ~~ ~ z m ~ œ " BørJUM -. FIDrldiJ ....g6 ;.... ><'1 "', ~! .~ ~" ~ ~I ; U,,¡¡ R~~8 ~'" ,:, Town & Country Homes i *tu J ~m ~ ~ ~~ ~ ~-'FIørid4: II ;'£):1)()4 Qui"c)' ./QIII'I$OfI Associo:ltes Al"chiteds, Inc.. All Pjghls Reserved. ~ part of th~ ideas. plCW\~ t$ Mosiqns mcJy be n~ørO(uce-d IX cODiec:! 'n an)' form whatsoever .ilhout the e_pre-ss _itterl CorISellt .;>f 0uitIc,. ~'ohIISQtI Ass.ociates oIwcr-iteds, ~Ç. --."-...-:-................------ EXHIBIT "B" , I ì - ! .':> " fí--- ¡;:> r~" .. ;j~" I . "''';~ ~: ~ ~i . ~ ~ ~~ ! hiP ~ I ~ ~ ~...: ~ t:I >- I 1.......- I:D : ~ ~ ~ ~I >t=1 ~¡r:=I>-i ðo --~;nIQI ¡-r ~o !:i! ~i ¡¡;~ "'I I ,OJ ~~ U, L - J ~ ~ ~/ -~ ~ ~ i , . i . [?> > I is_ :.'.~.~.:~: ~!~I: ð~H~ m.. Monteverde Condos 11:11511 Þ 8.... 0·0 -, O~'" ~r', Z -- R· '" i 2S!6! 2: [~;~:;i i!i;<;! "'~wi!. 0 .~::, at enau.sance<--ommon.s !i~~'!i t ........ ~ - :::::~o~.....1 2!:; II) z œ -:<; (D ¡:; ¡ 80yntøfI Beødt. FloriJa dõj ~ ;...... "'Ø~ ~~: <'1 ;;;~ r~ -.; ~: I ~'f!li ~> :~~~I ~ e.~ :1 Tuwn&CountryHomes l!ii'~J ~~;~ ! ~ 1 i ~ Ç! g Bay,tlOII1kacA. F'loriJD . 0 IS ©2004 OuÎtlCy ..otw>SO<'I Assxõo!'*- .....d'o¡l~ds. Inc. All Riqhts R~..ed_ 1\10 par-I (., tt-.I!SI! ioec:Js. plar,s, or designs r.\Oy be r~roO"':ed or Ç(¡;lied ... 0"" term <oItJ.otso,¡,over ';lh')Ut the e"Pr~s ...,Heo (OI"sent of ùuincy JoiInson Associote$ Architects. Inc. '-'-_'~IY___""_"."""'__A~""___ t:XHII:JIT "B" ~ ,/"'-~, II~I ~! i I I ~ i ì I <il~ I ' I' /~, \ I i // i í,' , , I I / i ,. I .//' / I I J I i I II l '--- 11I11 I " I I - 'I .""~I C', I I ~~ .umnmœ ! ;:.::. ___:::.;..'~' ( 1 ([ , : '- ,~ i"""" 1m; .....'u N ,--- Ii ........11 n.'~.'..~~1 §~~I ~.nnl §~?I Monteverde Condos ~1"1~11 Þ ......- -_o;~1 n.~ ^.~ _8- ~'2~~ I '-...,~ ~~:,,¡:: ~;¡¡¡ ~l;~ t ;,,¡~: atRenaissanceCommons tl"!~1 t ... '"8 -"-s > ~,,- ~ "~, " j '''''' t"" ""'<~~ ""~ zœ"œ õ.¡ Ø--B~-'- F/orlJ4 ,... 5 . > "F-~ (J ",:::;I Q'!'; ':'> !! &ØVJ"_ ~ \8¡, i o Z",>-i ~è ¡ ~ ~.~ ! TC1W1I&CountryHomes !;iil j o ~~.;; I :: , ;, ~I' g i ~_ FIorid4 0 g ©2004 WtIC)' Johnson .Associotes ;,.:n7t:Cts. Inc__ All Ri~b Reseroed_ ... No par-t at these idlhJS, pIons_ <Y dttsiq~' may be 'eproduced or coøied in aft)' form .hot_ver ....thoul·lh, ~>qIrftS written consent ;)1 l).¡in9 Johr\$on ....nociates ATctlitec'ts, IDe. ~,-,_."'--_....-....,..--------- 1 EXHIBIT "8" "-- ~r".-...r-~.r-~~· ,,_ r , -. f ~. _ _ ' rr~:., ( ~ '~.' r-: .,¡; ) ~ ~. .] ~ 9 ~"'" ~ ( ~ . ' )" "ë' T 'fÎ T' \ t 3::'" - ¡~' II .~l ~ ~ _~II~~ ~,I~I~! Îf ? /r-~~""~-'-2: )r,,"NYr-~r-~~__f;> ~ . '~ .1.. ". ,n I. ÉÍ ,.... .:1fE __::1..,(; ~ ) " . _... "I ¡ , I ¡ __I --......., '.- ~ '" ( ____'it'f- n~ I) :.., II II.." _..' --31:·' .]., t: . . ~ .. Z... ...'."."." .~ . . .... .. '. . ; :,:,: _}'/.:-. .:~ !;:------! -- ,; .--: : i -_:" -_: .--" , ! - ~~~"" !th$ '-- 1;1: .-;¡ CI 0 ?¡h!h ,', ,,,,,, ',~ ,;,'. ¡tIIIII 11111 ßIIII -. ~ _ ' .'.",,", , . . T' ~ fu Utl,~ 'ilia D ßmI: !III II.', 1 I I. ,~t.1 ¡ <--::--.JJJ/ut IfI IUIIIII. ~ -'II1II !!III '" :1;1 I I. Ë r=i-ni'-Æ i) ( II' .'/WI! G[jêfHiFI:':I; ~ 'n E:J :-]I-'rt--j,] r'l ~y .fot('~!.1 I j ( P.'~ I'. .,.. .... f~~ :II----ij... II-Ií. - .-lG' ~I';'illI~Î·1. :11'1...111 1/ II !lllIlIII.. ~ .::' .;: " . 'i' ¡ G ~. .~. · · -'¡-'IIIfJIIIIIHIßI ' ~ n"]H]EI~:ln '. ¡ I". ".1.1. ~> - Ii=: ../111 JÍ ;1: E8)[.:EHI~;ljl] ~ C' ::~1. ::1 ::: :ê ::: ::' , n ,t ','" """";¡¡-" l· : III iI!I! . '<--' .., .n': n.' ." " n II III If 1111 .t. :f~ :ww ; - ~ m". ", '" 1 II 1111:.11 111 ·f ,'" ~ 'ii, ,," .r.... . ..' '" [I)£'J:: I:I:-,Jt, -il::l~' . -. 1& On ~m,r.;¡ -""m'm[ì¡" m.n¡¡'_n, . '.'. ' III!It;: IiIII _ _..J '-"" , , , , i1. ...~ JØ"'I!!!I_.~ ¡ '111-..''''''.1 n"n' '"~ ,. n "1 .. ::~ Fi Eil::: 13.' ::,; I ¡; 0 1111 Ilg ~'.. -;:-, ~. nlll_lrlll _..11 ;'II :::U:::I!I::).:::I.:: ß.~ ,nm m' ..' n ,--, ,n'. '... 0 ~~ ì, Jmi",." " _ ~ ~ n.' n m ' , JI!I_~.__i..; Wl'n 8. :::::l ':,19:::1-::.::;: .:: ~i\I· i. II .' .'. r' ~i "': ,,~ ': .;,:!..: ,.1.. .; 1iIiiI..., I!IIII !III _. ' I .mo' ..¡n:~::i.:.;.:., n_ f:i¥ . !' :1;> D g mil IIiiI IIBIII I IIlnlll.,~t: 0,1111 ¡ )¡r--è ~ IEJ¡I_IIUII:~I ¢iI IÞÐI./I): ~L 'M ~ @ifH - . , ,~'\ II III! lioii """. l ""'.' . --.' . .-- .,. .,.) .' > S .-:--.;" iM f:! ::~ d~LPl~ \ '") i ~I z.". . ~ ~I u:m "_. )~~: . =;t" ::",:: -.: ::,. ~ ,~~, II I,... !Z.o to-' r.: ~ H.¡iil..l.,:'...: I' n '. ...' '. ÏI!,' :: r: (; .~ ~ [~f~ &-I·tt II ) ,0' ~r \ C '""'"' "::,J[mtm~! ,~'. ,I Ü'·. , ~:p (D= en '\ ....' 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'I.;n""--".~· I¡""a~ r;¡ ~..; ~JII" .;. ¡ r;¡*'1W.'","¡' '.n. fr-ll';; I'. ~ Ë ~ .f'HH]f~il:jiF;. }i~n > II'" ·~·:II' ~ RI.;~;.; _.1 0 ;;; Ui!!L I!!!!II U!iI\.- I9iII n¡ ;;;mM im :~ .% IIi S"' J ::i II 1II]IIUIIIU'''1': :j lIB: ~ PJ If"¡ :j IiIf 0 11111 I :j 11.111 .., III . ¡ Õ -i"EJ.--;:;j=;h ~ ii!!I -M-11 --., ." -. --, --, __I Off Rill l1li11 ¿ 1/1 I!§ IØMiIiIIIII 9"=' I OÉ----: -".-~ --: --:, --, '," n .. --, --,'--, --:¡ --: . l z II1II I ",. --, --, m,. --,.4~,; Z ~ ---- :HU::il::L ~~I z é ~3 iJl:ŒHIPI.:iiF..:. ) r· r: ,!: ì: -:]:':::III:".::¡.:" '. II ·JljLJ¡I:j t;~ ., II I!I{JIIIIIJI BI ' -' ,-- --' ... -- . É :::J t ·ALn.::1.::J.~:' n --'.', --,' -':" '«.mF,., "'. ~ I.~.. ~. 1111111'11 iii 1111 .'J .-FJf::;,13E .r" /1~~",IIIf~ : .T...II!iI,.;~II· II ..111. . Ii III"IJIIIIJ! ~J Èm, JI.:::[[:)II:_:;.:::,.:., ¡'~¡rn . __ . ,- ,m.., r f =- :LIi:L!fiI::¡¡(:¡.~ !If r ...., " ., . . ,. 1 IIII!II !I!III DI III!! II-Ii .'---<....11 --il1--1"--i.--;I--,1. Fo . --. ..!. ,. .. I '" --,-"~ .. 1-;;,,---- I ßi!!I ... I9iII UII'i ..11 . --' .. , :=J ±±t 1--5' i .,' '~r II .".. '[I III A'êJ .~ ~:I II] (I . , [1;;:11 H lUll 811 ., IIIUII¡llll. I . ~ lè '!" , TTTT-r: -----. --'I - --, -- --. "-- -- -- -, -- ' . b .. (.:; ,-- ., 1 --.... 1::11:'.:::1':~ I:::---! '31::,·jl'·; --. . !':J (-,~ ~ ! -..::: ... -: -.' ". .~. ÞI -.-.-.-.-: ,-":-. '-:--I·~: .~~ ..__~. ~~ "-- - I ~ ~ !, ÉÍ ::~:! 138:3I::JI::1 ::! ~ B ::--: -;IE'I'I::i!.I::' t I .,: !. ,~ H II 'If. illIt lit. II 111"11111 11'''1l1li1/ ' V UU_ I -1-----"" r- .".-.",...-..---.. "'I 'J éJ éJ ~ J '3 ' IE 8 8) H ~ ~ 1111111 )tTj ~I~ i ; J I)r; ;!¡ U II I jJ ) <: Iii j I i II U ~ h ·fUU õ ~i i ! II í Z j fl'5'~ . . S >< j 1 - Z I 0 " ....¡ - tT1 en P> > .1. "'~ I: :~.jil ~!~ I ¡¡ ! m Monte.:erde Condos i. 'I, '1S'~ Øt W I ~><. ~"ê~~:::1 <1£0 m"? ,.0 DtRenal3.JllflCeCommo1f3 i Gõ"'~~1 ' -I::... » poal % Q. "'.- ~"'." ::ì I "';1 r '" ~ ~ m "'1 /WyIII<HJ /kGdt, F'IuriJa "ðO! ·0 I ~o ", ~ ø~ ~ ~ : U~¡¡ ,~ m~ ! ~ . ~ :! Town &: CormtryHomes Ii HU J I ! ~~~~ ~ ' . 9 9 g I BO)/IdOIr JJeøciJ, Florida (9:.'004 Quine, Johnson A,sso<::jctes Architects. Ir.c. A. I!i¡;ttts Reser\oed. No ~rt :If t~e~ ideas. pI\jn$. or I]esign~ moy t~ rt'J'(Oduce.:! :}( ç~ied in O'Iy fr.¡rm "",otsoe-.I!r w'thout the e¡rpr-ess ....itter> conSI!11! 01 winey ¥.ottnson Ä5-SOC¡:Jles o\rd'ut~ts_ Inc. _..__..'ItI<:_"",--""~.,,,_______ EXHIBIT "B" ;> ;> ~~l ~~r~ r ~~~~) . .,-G;J[ i.Ä [:0, (lf1Qrrlf..)(~ r!, v r~~~ .1111II1IIII1II1111111111 )~ ~.lIIIIrlllllflll) .~~ (' f.. . .. ... ". ... . .... ..... m .. ". Ë ..m..' fI::.:31:':31:.: "IJ~ ~ . ........' ....j..'. ·iI.'. ..". .," l if' "" 1 ..:: :: =. .= :::: ... . ::: ::i:: :::1:: ':;1" ¡..) 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I 10 13 EJ ¢! .... , ,;¡L4 I ~~ ~ ~ ~ ~~~t·4 "n:':':'; ~~:~~: .:~.~'~ lr" :..i:":"í:"¡Uil-¡ [;>ËÍ'I~ III! . '. r' ':::.' lI::,EI':J, .:.;.::iirl "¡:;""', .. \!!r,:·· \ ~·:¡1 i~ . 8 ~ a 8, B · ¡Ií n 111111 ~ I,i HUBJ < !II Hunl ð ¡I ·1111 0 I. ! I II I Z . eE 1 ~ i 1i~.>< J 1 ) Z II,. . 0 ~trl Çf.l ;> :> ....\!! ~q ~:..~ ~p. ~i3. Monteverde Condos r.· ~1~11_ :c '" c·O .- '" ! > z ..~~ D' Co I' ¡ ~ B ... >~ ~~S" .~'£I m~O "~~ at...errawance mmom :~Jj;~3 t '-" .....¡' ~"b~ .1!!'^, ~m n /Joyr#IDI#Beødo.FWrid4 ;_;¡j~ ;.... I '" õ "~ -~ I ~ ~ I U"i 1:1 ¡;;¡ ~~~~ ~ ~ .:. Tawn & Country Homes 1 HU J I ~¡;~~ ~ :. d g : lk1J"'loIIBØGCIt. F10rid4 © 2OQ( I).¡încy Johnson .a.ssoooles k'd;it:Cts. Inc.. All Ri~ts Reset'l6d. "No port (>f U\eu ideos. pions. or dtiiqns. may b~ feproœ<:ed or c.oøied in ;:r1V form whols~ ..thQUt the e>¡>ress writle-n cOO$e<I! Of Quincy J;)hnson ASSI3!:ioles Architects. Ine. ___IIN...__.....,_...__.~-..--____ U!L ~ f\ Ji 'F '~~_T~__._,_~~y.~_.._.~_~'.·~i EXI-IIBIT "E .-....... . _ ......-_..~--- -....--..---.-- -- -.--.-- --,. ... '.. . ',,'" "','.' '.' , '" . y - ~~dt~;:==:i;~~)-:*--~~~,~~:~"=--~~ ..... ':- ~::~~~'/;;- .JU ~ I I I . .~ , _··__....k..__.__._ ~ ~. .£' Q - ¡¡¡- " :; ~ ~ ~ II ~~~ ~ (' ~ ß1 ~ I:!-, ]: (1;¡(§ ~~~ ....., ... -,",,- 2.~ ... . ~ ~ ~ . '" '-I H!f"~ RI~~lil r' Renaissance Commons iJ~f 'i'l à= g ~ /Ii~ : ! i ,I f! ::: Ii! ,n~~ · ¡ ¡/ Ii d I ~CJ:::t. '11 ú> I! it'" f I ::!. Q) ill U i, d~I¡!~ Boynton Beach, Florida ~IO ¡; 1 ::s t: :: i "00'" ~ "B" i~! :... ih::S Ii·-~ " "'~ ~~ ~~ g;~ø~ r §i ¡¡j~ !;i m~ ji iri~j ~j äj !~ Iili ¡~ i¡~~ ij i~~¡ Ii"i~ I ~ III! ~~ ,I ~ ft¡ I~ ~lill¡¡~ ~ IIIIIIII II ;11lí~i 11111 ! ¡I ¡ II~ r:1'f~ W ~ ~ ~II i ì I ~¡¡II¡¡ !Il~ ~ i ~! I ,~il! ! t· W }.¡ u . i~fil I ¡" I ti1 ! Ii ~ l~1 jd. 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Florida r ~ ~ Ei EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase V File number: COUS 04-005 Reference: 2nd review plans identified as a New Site Plan with a June 22,2004 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: l. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Use a 35 foot.sight triangle at all major driveways. 2. 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. 3. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 4. Please provide a timeline that clearly illustrates when water and sewer services X will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also, provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon its completion. Please be as accurate as possible. 5. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for X this project either upon the request for the Department's signature on the Health Department application forms or within 7 days of site plan approval, whichever COA 07/23/04 2 DEPARTMENTS INCLUDE REJECT occurs first. This fee will be detennined based upon final meter size, or expected demand. 7. This office will not require surety for installation of the water and sewer utilities, X 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. 8. A building permit for this project shall not be issued until this Department 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. 9. Utility construction details will not be reviewed for construction acceptability at X this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction pennit application. FIRE Comments: 10. Where underground water mains and hydrants are to be provided, design X documents 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. 11. City Ordinance 04-005 provides for the following additional safety requirements X for high-rise buildings and/or buildings with 6 or more stories: ~ A system capable of supplying air (to all levels of the structure) for the purpose of filling air bottles shall be provided. It shall be designed to meet fire department needs and demands; be tested annually and maintained at the expense of the owner. It shall be for fire department use only. ~ Equipment rooms or areas, as required by the Chief, designed to store equipment for fire department use shall be provided. They shall be located every four (4) floors, be sized to meet fire department needs, and be locked and labeled for fire department use only. ~ Stairwell doors shall remain unlocked to allow entry to each floor from the stairwell. ~ Administrative controls shall be provided as deemed appropriate by the Fire Marshal. This typically includes evacuation/identification maps, door labels, COA 07/23/04 3 DEPARTMENTS INCLUDE REJECT >- impainnent controls, etc. >- Multiple master keys fitting all common area doors shall be provided. >- Anchor devices meeting fire department requirements shall be placed on the roof and used by the fire department for repelling purposes. >- The location of fire department connections and fire suppression control valves shall be approved by the fire department. >- Communication systems and devices used to provide voice infonnation to building occupants and among emergency personnel shall be approved by the Fire Marshal » Elevators shall be of adequate size and configuration to accommodate the needs of the fire department as describes in the Fire Department Design Guide. >- Stairways and areas important to life safety shall be provided with adequate smoke control features as determined by the Fire Marshal. POLICE Comments: 12. Show direction of travel inside traffic circle. X 13. Post One-Way sign in traffic circle. X 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 detennined 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 pennit application. 15. Every building and structure shall be of sufficient strength to support the loads X and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic sprinkler X system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. COA 07/23/04 4 DEP ARTMENTS INCLUDE REJECT 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 19. Identify within the site data the finish floor elevation (lowest floor elevation) that X 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: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 20. On the drawing titled site plan identify the property line. X 21. To properly determine the impact fees that will be assessed for the one-story X recreation building, provide the following: > Will the recreation building be restricted to the residents of the entire project only? > Will the residents have to cross any major roads or thoroughfares to get to the recreation building? > Will there be any additional deliveries to the site? > Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the recreation building. 22. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, X therefore, be used for landscape irrigation where other sources are readily available. 23. 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. 24. 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. COA 07/23/04 5 DEPARTMENTS INCLUDE REJECT "- If the project is a multi-family project, the building number/s must be r 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. "- The total amount paid and itemized into how much is for water and how r much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 25. 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 infonnation 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(t)) 26. Pursuant to approval by the City Commission and all other outside agencies, the X plans for this project must be submitted to the Building Division for review at the time of pennit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 27. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 28. Show the proposed site lighting on the site and landscape plans. (LDR, Chapter X 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 29. Add to the site data the total area under roof of each residential building. Provide X tabular area data for each floor of each building. The breakdown shall include the follo\ving areas and each area shall be labeled on the applicable floor plan drawing: > Common area covered walkways; > Covered stairways; > Common area balconies; > Entrance area outside of a unit; > Storage areas (not part of a unit); - COA 07/23/04 6 DEPARTMENTS INCLUDE REJECT >- Garages (not part of a unit); >- Elevator room; >- Electrical room; >- Mechanical room; >- Trash room; >- Mailbox pickup and delivery area; and >- Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 30. This structure meets the definition of a threshold building per F.S. 553.71(7) and X shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: >- The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. >- All shoring and re-shoring procedures, plans and details shall be submitted. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 3 1. Show the required clear floor space in the kitchens and for the bathrooms. A X minimum 30" "x 48" clear floor space outside the swing of the door is required in the covered bathrooms. 32. The storage area shall be separated by a fire-rated partition in accordance with X the 2001 FBC, Table 704.1 (Sheet A.2.0). 33. A fire-rated wall is required between the parking garage and the residential X building per the 2001 FBC, Table 704.1. 34. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives. PARKS AND RECREATION Comments: 35. The Recreation and Parks Facilities Impact Fee is calculated as follows. X 447 Multi-family Units @ $ 656 ea. = $293,232 Fee is due at the time of the first applicable building permit for this section. FORESTERlENVIRONMENT ALIST COA 07/23/04 7 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING Comments: 36. This project requires conditional use approval from the Planning & Development X Board and City Commission. If approved, staff recommends that a period of one (1) year be allowed to initiate this project (obtain a building permit). 37. This project is the fifth phase of the Renaissance Commons (f.k.a. Motorola) X development. The School District of Palm Beach County approved the Renaissance Commons project for 1,001 residential units for school concurrency purposes. At the time of permitting, please confirm the cumulative number of residential units approved through phases One through Five. 38. The SMU zoning district allows up to 20 units per acre. This phase is the fifth X phase of the Renaissance Commons project. At the time of permitting, provide staff with the project density. This density would take into consideration the entire Renaissance Commons land area (+/- 86 acres) and the approved number of units from phases One through Five. 39. The "Monteverde" monument sign, proposed at the front entrance, is required to X be at least 10 feet away from the property (phase) line. 40. The photometric plans indicate the lighting levels but do not show the outdoor X lighting fixtures that would be used throughout the project. At the time of permitting, provide a detail of the typical freestanding outdoor lighting fixture. The detail should include the dimensions, materials, and colors. Staff recommends that its design and style be compatible with the building design (height) and poles that were used throughout Phases One through Three (Chapter 9, Section 10.F.!.). 41. The unit tabulation on the master plan (sheet MP-O.l) and sheet A-2.0 indicates X 84 Unit "A" but when counted (on the graphic illustration), it adds up to 89 Unit "A" . This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 42. The unit tabulation on the master plan (sheet MP-O.1) and sheet A-2.0 indicates X 101 Unit "B" but when counted (on the graphic illustration), it adds up to 113 Unit "B". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 43. The unit tabulation on the master plan (sheet MP-O.l) and sheet A-2.0 indicates X 160 Unit "C" but when counted (on the graphic illustration), it adds up to only 143 Unit "C". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. COA 07/23/04 8 DEPARTMENTS INCLUDE REJECT 44. The unit tabulation on the master plan (sheet MP-O.l) and sheet A-2.0 indicates X 21 Unit "D" but when counted (on the graphic illustration), it adds up to 33 Unit "D". This discrepancy between the tables and the graphic must be corrected. The tables supersede the graphic. 45. The unit tabulation on the master plan (sheet MP-O.l) and sheet A-2.0 indicates X 81 Unit "E" but when counted (on the graphic illustration), it adds up to only 69 Unit "E". This discrepancy between the table and the graphic must be corrected. The tables supersede the graphic. 46. Include large sized color rendering of all building elevations by the Planning & X Development Board meeting scheduled for July 27, 2004 (Chapter 4, Section 7.D.). 47. If a security gate is proposed in the future, then show its location on the first X floor plan (sheet A-2.) and provide a detail indicating its dimensions, materials used, exterior finish, and colors (Chapter 4, Section 7.D.). If a security gate is proposed in the future, then it would resemble the other security gates used throughout the Renaissance Commons development. 48. Staff recommends removing the cell tower that is currently located within the X limits of this phase of the Renaissance Commons project. 49. Staff recommends if any major changes occur in the project's color palette, then X the new color palette would require City Commission review and approval. PLANNING & DEVELOPMENT BOARD COMMENTs: Comments: 50. None X CITY COMMISSION COMMENT: Comments: 51. To be determined. MWR/eIj S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase V COUS 04-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase V APPLICANT'S AGENT: Mr. Stephen B. Liller I Town & Country Builders, Inc. AGENT'S ADDRESS: 1275 Gateway Boulevard Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004 TYPE OF RELIEF SOUGHT: Request conditional use I new site plan approval for the construction of two six (6)-story buildings (447 condominium units) on an 8.38-acre portion of the 85.522-acre parcel in the SMU zoning district. LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue, just north of the C-16 canal. 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 & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Site Plans\Phase V COUS 04-005\DO.doc - . VIII.-PUBLIC HEARING . ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office !:8J August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 2 I, 2004 (Noon)September7,2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM !:8J Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 3,2004 City Conunission Agenda under Public Hearing. The Planning and Development Board with a 6-0 vote (Board Member Saberson having recused himself), recommended that the subject be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No.04-l85. PZ 04-185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) AGENT: Kristen Conti/Jeannie Heavilin OWNER: Sara L. Valashinas LOCATION: 3 Boswell Place DESCRIPTION: Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. PROGRAM IMPACT: N/A FISCAL IMP A T: N/A ~ ALTERNA N/A Director tty anager s tgnature City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A. Planner ~ ~ DATE: July 21, 2004 SUBJECT: Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant, Kristen Conti and Jeannie Heavilin, agent for Sara L. Valashinas, is requesting to abandon 2.3 feet of the utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It is described as follows: The west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 26, of the public records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the portion of the utility easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see Exhibit "A" - Location Map) North: Single-family detached zero lot line homes (Boynton Lakes PUD); South: Single-family detached zero lot line homes (Boynton Lakes PUD); East: Right-of-way for Boynton Lakes Boulevard; and farther east Boynton Lakes PUD Plat No.3; West: Right-of-way for Boswell Place; and farther west single-family detached zero lot line homes (Boynton Lakes PUD). BACKGROUND: IY~~- ,-<-.-- When the Plat of Boynton Lakes Plat No.2 was approved it included a twelve (12) foot utility easement located along Tract "F", which abuts Boynton Lakes Boulevard. That entire easement was located at the rear of the subject lot. On July 21, 1987, The City approved the abandonment of the twelve (12) foot easement and subsequently a replacement was provided. The replacement utility easement encompasses Page 2 Memorandum No. PZ 04-185 ABAN 04-006 easterly 6.5 feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built with permits in 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The abandonment of the western 2.3 feet will resolve the porch encroachment and the porch will comply with the 3.S-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property is not being utilized by any utility companies (see Exhibit "B!" - Applicant Justification). ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering - No objection Utilities - No objection Planning and Zoning - No objection PUBUC UTILITY COMPANIES Florida Power and Ught - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as described above be approved. No conditions of approval are recommended. This recommendation is based on staff's finding that the utility easement serves no public purpose. Any conditions recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. xc: Central Rle S:\Plannlng\SHARED\WP\PROJECTS\NAVTICA \ABAN OZ-OOZ\Staff Report.doc - "'J__'-_:~_ ... 1 in. = 100.0 feet . BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "A" -~~ ! EXHIBIT "B" JoS'9h M, Tuckér. PoLS. ' SURVEYORS IO! INOMV IUfIYE' .- MOImIAIIE IUfI'IÐ CONSTRUCTION LArOI 310 SOUTH FEDERAL HIGHWAY - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33425 BOYNTON BEACH Phone (561) 737-6546 · Fax (561) rn-7~ '. - "'_ F.-- BOYNTON LAKES PLAT NO.2 LOT 3~ BLOCK 26 2.3 FOOT EASEMENT TO BE ABANDONED -- .... -" .- EASEMENT TO BE ABANDONED, THE WEST~3 FEET OF TIlE EAST 6.5 FEET OF 1HE UTILITYEASEMENT AS RECORDED IN THB MEMORANDUM OF ABANDONMENT AND i RELOCATION OF UTILITY BASEMENTS, IN OFFICIAL RECORD BOOK 5466, PAGE 641, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING A PORTION OF WT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, AS RECORDED IN PLAT BOOK 46, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA -- 0,' : -- -- - - - --- - .--~----- - ..- - _. . . - ..- -- - - ---- - -'"""'T - -- .- , ,CERTIFICATION , _ ~._ " I HEREBY CERTIFY 1HAT THE DESCRIPTION AND, ATTACHED, SKETCH OF'DESCRIPTION WERE " '<~'~ PREPARFD IN ACCORDANCE WI1H mE SURVEYING STANDARDS, ~ 61G176, FLORIDA , ADMINISTRATION CODE, SET FOURm BY mE FLORIDA BOARD OFPROFESSIONALSURVEYORS AND " """" 0'"':" MÁPP.ERS,PURSUANT TO SECTION 472.027, FLORIDA STA1UfES,AND IS TRtJEAND CORRECT TO TIm ".. .:'>' BEST OF MY KNOWLEDGE AND BELIEF, UNLES~ IT BEARS mE SIGNA1UREAND THE ORIGINAL RAISED , SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER, TInS ~RAWING, SKETCH, PLAT OR MAP IS FOR INFO TIONPURPOSES ONLY AND IS NOT VALID. " - - .' NOTE; THIS IS NOT A SKETCH OF SURVEY.~NLY LB 2102 Joe Tucker A GRAPIDC DEPICTION OF 11ŒDESCRJPTI -, OWN '~-\' HEREON, mERE HAS BEEN NO FIElD WORK VŒWINo 07' -.---.- CONNECTION WlTII 11DlPREPARATION OF ~S.- INFORMATION SHOWN HEREON. NOTE; LANDS SHOWN HEREON WERE NOT ABS~ÇTED ptJone: 218 S.E. 23RD AVENUE Boca (561) 391-4388 FORRIGHTS OF WAYS EASEMENTS oFRESERv.4;noNs P.o. sox 758 Boynton (561) 737-6546 OF RECORD -",I -, BOYH1ON BEACH. flORIDA 33435 FAX . (561) 734-7546 ~- ï .·'.0 .. -- -j.: . . EXHIBIT "B" ~ph M. Tu~ker. P.LS: SURVEYORS BOUNOARY 8UftVEYS " MOtm!IAe£ SUAV!YS CONSTRUCTION LAYOUT 219 S.E. 23rd STREET· P.O. BOX 759· BOYNTON B,EACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 · Fax (561) 734-7546 . J' 1) 7l ."", , ...-, :so ' IS? -I t>.? . . b' ~ ~ Þ.s_ . g ZJ'C? '~ ',",,-. . -.- __ ... __._~ ","';;'(ú"'S-~-?¥//¥r7_.G.;? . ~ ~ ~,." :/,' -L7Þ';:¿z '..' - ..." .',. - -. ", ," '.. ~~. . ~, . . " --, --- -~- --r ~~ '. Ci\' ~ " ,000£ .'3 't69,~~Oo"OS ~ ¡¡;:I , ' N~ - ..~I!~~:7~~ ,.~: ,- ! - . .... .', ~ " :r .(2Pà:;AV7: '. ~ ~ i ,.. .- - -.- '. "":":' - - -, ~.~ 1.....I\f- - .,~ ' ')) ::":.-:~ " ' . .. " " ~~ ~ ~ 9ì .I.'Þ/ ~. ~". .',. ,~ '~ : ..... " ~ t..¡ ,S'f"/ I~"~ ~ ; ~~~ ~~ ,,' \J . It ~. ~ . VI ~ ~ ~ . ~~ ' \ii, ~ . Ìt). ~ ~ ~ ~ ~ â I ~ ,~ ; ~ ~ ~: ~ * (J\ , ->~_.,' G) -<:¡ ~ 0' ;¡, :> I .- .,- "¢: .':9., .... '\fS ro :. '. - . ~ ~ ~ ~ I- .0 ' ".' . ,17'&/ - 0 '1"1 o . . , .'. ~ 0 t'- -' i ~ t. ~ ~ ,':: ( ~ I ~ ~ ~ !;; , ~tO ~ ~,' 0 I b.d~ .~ en ~ ' ~ I >< 8 â . I ~ ' ~~~ ' Z ", . 'f) 0 as ' 'I-...~" -.. I ~ ~ ~ :: ~. I~ ã ß ~ \) W ~ .072:- ~ I ~ ~ ~ ~ . ,.. ~ ~ :"';'; =fl~,::. ..J 't ì -- ~ ~ U;:; · "" ' ,"' .,'.'. . '." ..' I' If) ~ ~ Q f .' ........ O"O;t <: ~ ~ I~ ro < ~ : ~~ I\D §~~ ' "'\ {z ~ 0 0 It"¡ , U : ~, ~ . ,,' ~ ti ~ ~~' " . :::> .0' ¡;: j ~ is' r - - ~. a.. '" t) ~~ " . ~ . en ø::I $ .' ~-:! · .'. ~ u ~- ~!::.. ~ . s " - ~ ~ ~; .~ ~ " ; , ~ <:> ~ 0< ~~¡ ~ ~ ; ~ ØUQ ø.¡ , ". ~~~ ~ <C ~~ ~ ... ~ "~~ ~~ """~ ~ .. ---- (ur ~. - .. - _.. - ---- .. -- -. -"..-.- - - ~.. ...1' -.. . .-' - . r", 0. EXHIBIT "B 1" APPlICANT JUSTIFICATION EXHIBIT A , TO ABANDONMENT PETITION OF SARA L. VALASHINAS The legal description of the subject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof, recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach County, Fl. (a copy of the plat and survey are submitted herewith) The utility easement that is the subject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2. The City adopted Resolution 87-YV on July 23,1987. This Resolution by its terms abandoned the entire 12' easement. Please see Exhibit A to the Resolution 87- YY Page 4 of 4 and you will see that the third legal description from the bottom of this page is "The East 12 feet of Lot 3, Block 26 of said plat: Boynton Lakes Plat No.2 (P.U.D.)" However, the City approximately 3 months after the adoption of Resolution 87- YY required the developer, Lennar Homes, Inc., to recorda Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed screened in porch to the rear of the subject property and issued a final inspection approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the oriSJinal easement width at. 4.2 feet 1 (however, see below, remaining easement area is actually 10.7 feet). It is respectfully requested that the legal description for the abandonment be the following: "The West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2, according to the Plat thereof, recorded in Plat Book 46, Page 148" 1. The actual width of the remaining easement is 10.7 feet because in the Memorandum of Abandonment and Relocation of Utility Easements thsre was an additional 6.5 foot in width (length-200 feet) easement created behind Lots 2-5, inclusive, of Block 26~ The legal description for this additional easement area is on the last page of the forgoing Memorandum and is the last legal description on that page. Please find attached hereto a Special Purpose Survey done by Richard L. Shephard and Associates dated 6/21/04 that shows graphically this -=-~_7-'7 additional ð. ~ foul tstl~ ffCJ"l aI ea tðgether with tAe IegelfleesFipti9R (it is also shown 01' tJ"t~ "-0--_ survey submitted herewith). This additional easement area is not part of the lots referred to, it is behind and abuts the lots. EXHIBIT "C" Conditions of Approval Project name: Boynton Lakes Plat No.2 File number: ABAN 04-006 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIV A TE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S;IPlanningISHAREDlWPlPROJECTSIBoynlon LakeslABAN 04-006\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lakes Plat No.2 Abandonment APPLICANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\ABAN 04-006\DO.doc < VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM G. AGENDA ITEM REQUEST FGA'-I.u Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office IZI August 3, 2004 (Noon.) July 19, 2004 0 October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 0 November 16,2004 (Noon) November 1,2004 o Q o=f o Administrative 0 Development Plans ~ =:¡-< -<0 NATURE OF 0 Consent Agenda D New Business ;;;; ':J" AGENDA ITEM ~ Public Hearing IZI Legal ~ ~~ ~ o Bids D UnfInished Business -.... ~:z ...., 0j--f o Announcement 0 Presentation :J:: 0 ~ .r::- " o City Manager's Report .. .,~ .¡::- 0 ;t> - fTlo ::I: RECOMMENDATION: Please place this request on the August 3,2004 City Conunission Agenda under Public Hearing and Legal/Ordinance-First Reading. Staff recommends that the petition for the passing of an ordinance to establish the High Ridge/Quantum Community Development District be approved. EXPLANATION: The subject petition requests establishment of a Community Development District (CDD) for the "Canterbury Development", a residential project consisting of 155 townhomes in Quantum Park. A CDD is an independent district authorized by Chapter 190, Florida Statutes, for the purpose of planning, constructing, acquiring, operating and maintaining inftastructure in large planned community developments. The proposed District will finance drainage, potable water supply and sanitary sewer systems and operate and maintain drainage system for the development; potable water and sanitary sewer systems will be operated and maintained by the City. The applicant has met all statutory notifIcation requirements. PROJECT: High Ridge/Quantum Community Development District AGENT: Peter L. Pimentel OWNER: Westbrooke Communities, Inc LOCATION: North of intersection of Gateway Boulevard and High Ridge Road in Quantum Park PROGRAM IMPACT: None FISCAL IMP ACT: None ALTERNATIVES: N/A ~ P City Manager's Signature City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, H.ORIDA, EST ABLISillNG THE HIGH 4 RIDGE! QUANTUM COMMUNITY DEVELOPMENT 5 DISTRICT; EST ABLISillNG THE BOUNDARIES OF 6 THAT DISTRICT; APPOINTING THE INITIAL BOARD 7 OF SUPERVISORS; PROVIDING FOR POWERS OF 8 THE BOARD; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICA TION AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on May 17, 1994, Westbrook Homes submitted a petition to the 13 ity for the creation of a community development district for High Ridge/Quantum 14 ommunity Development District ("High Ridge"), in accordance with Section 190.055(2) 15 a), Florida Statutes; and 16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part 17 ereof contains the infonnation required in Section 190.005(1O)(a), Florida Statutes; and 18 WHEREAS, a public hearing on the petition was conducted by the City 19 ommission on August 3, 2004, at City Hall in accordance with the requirements of 20 ections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and 21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in 22 ection 190.005(1)(e) and the record of the public hearing held on August 3, 2004, in 23 aking its detennination as to whether to grant or deny the establishment of the High 24 . dge/Community Development District; and 25 WHEREAS, the City Commission has determined that: 26 1. That all statements contained within the Petition have been found to be 27 e and correct. :\CA\Ordinances\Planning\High Ridge Quantum CDD.doc Page 1 of 4 1 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, 2 he City Commission of the City of Boynton Beach, Florida hereby establishes a 3 ommunity development district as foHows: 4 CREATION AND NAME: There is hereby created a Community Development 5 istrict to be known as illGH RIDGElCOMMUNTY DEVELOPMENT DISTRICT. 6 LEGAL DESCRIPTION: The legal description for the Community Development 7 istrict is attached hereto as Exhibit "A" and incorporated herein by reference. In 8 ddition, a map depicting the land area to be serviced by the District is attached as Exhibit 9 B" and incorporated herein by reference. 10 BOARD OF SUPERVISORS: The initial Board of Supervisors are as foHows. 11 heir tenns, powers and duties are as described in Chapter 190, Florida Statues: 12 (a) Harold Eisneacher 13 (b) David Webber 14 (c) RusseH Barnes 15 (d) Michael DeBock 16 (e) Claudia Feldman 17 Section 3. The Board of Supervisors shall have only such powers as set forth 18 Florida Statutes 190.011 and 190.012. 19 Section 4. That any individuals who purchase property in the District should 20 advised of the existence of the District, as well as the costs associated with owning 21 roperty within the District. 22 Section 5. That all ordinances or parts of ordinances in conflict herewith be 23 d the same are hereby repealed. :\CA\Ordinances\Planning\High Ridge Quantum CDD.doc Page 3 of 4 Exhibit A LEGAL DESCRIPTION ~ BEING lOT 88 AND A pœl10N OF LOTS 83, M, 88 AND 87. QUANlUN PARK AT BO'1HTON BEAOt, P.lD. PLAT NO. e. PLAT BOOK 57, PAGES 198 AND 197, PUBUC RECORDS or PAlM BEAai COUNTY, FLORIDA. DESælBm I>S fOlLOWS: BEGINNING AT THE NORTHEAST CORNER OF" SAID LOT 88, RUN 1HENCE SOU1H 89-12'27· WEST ALONG THE NOR1H UNE OF SAID LOT sa. A DISTAHŒ OF 364.01 FEET; THEHCE SOUTH 00-31'11· YtEST ALONG 1HE Yl£ST UNE OF SAID LOT 88. A DISTANCE OF 398.48 fEET: THENCE SOUtH 12,..02'41· WEST ALONG 1H£ SAID WEST UNE OF LOT 88 AND ALONG tHE YÆ:ST UNE Of' SAID LOT 87 AHD ALONG . lHE WEST UNE Of' SAID LOT 83. A DISTANCE OF 415.97 fEET; lHENCE NORlH 9OrwOO'OO· EAST, A DISTANCE OF 7~.81 FEET: lHENCE NORlH 7~~59· EAST, A DISTANCE OF 313.44 FŒT TO A POINT ON lHE YtES1ERL Y RIGHT OF WAY UNE OF HIGH RIDGE ROAD AS SAME IS SHOWN ON SAID PLAT NO. e. SAID WESTERLY RIGHT OF WAY UNE ALSO BEING It. CURVE coNCA'Æ TO 1HE SOUlHWEST H....VlNG .... RADIUS OF' 466.00 FEET fROM WHICH A RADIAL UNE BEARS SOUTH 62....11·30· WEST: tHENCE NORTHWESTERLY ALONG SAID M:STERL Y RIGHT Œ WAY UNE AND AlONG lHE ARC Of SAID WR'JE lHROUGH A CENTRAL ANGlE or 37-26'13·, A DISTANCE OF' 304.48 FEET TO 1HE POINT OF TANGENCY; THENCE NORlH 65-14'43- WEST, CONTtNUING Z,G SAID r.DTERL Y RIGHT OF WAY UN£. A DISTANCE OF 50.00 10 THE POINT OF CURVAlURE OF A CURVE CONCAVE TO lHE N lHEAST HA\tNG A RADIUS OF' 550.00 FEET: THENCE· NOR1HYtES1ERI. Y ALONG THE ARC OF SAID CUlM: THROUGH A CENTRAL w;J ANGlE Of' '......34'58·. A DISTANCE OF 819.95 FEET TO THE POINT OF BEGINNING. CONTAINING 11.612 ACRES. MORE OR LESS. A PARŒL OF' LAND SITUATE IN SECTION US. TO'*SHtP 4ð SOUlH. RANGE 4J EAST. PAlJ,f BEAOf COUNTY. FlORIDA. BEING MORE PARTICULARLY OESCRISED AS LOT 89-B. QUAN1UM PARK AT SOYNTOH BEACH. PJ.O.. PlAT NO.8. ACCORDING TO lHE PlAT lHEREOf", AS RECORDa) IN PLAT BOOK 57, PAGES 198 'THROUGH 197. INCLUSIVE. OF 'THE PUBUC RECORÐS CE PALM BEACH COUNTY. flORIDA. l£SS THE FOLLOYtlNG DESCRIBED PARCEL: FOlLOWS: BEGINNING AT THE NORlHEAST CORNER Of' LOT 89-A; 1HENCE SOU1H 8&w24'22- EAST ALONG nfE NORTH UN£ OF SAID LOT 89-8 43.08 fEET; THENCE SOU1H OltvJ5·38· VeEST 241.17 fEET: THENCE NORTH ....24·2r \\EST 28$.43 FEET TO A POINT COfHCIOENT M1H 1H£ EAST RIGHT-oF-WAY UHE OF HIGH RIDGE ROAD. ~C(~ IN THE PlAT OF QUAH1UW PARK AT 8O"I'NTQH BEACH P.I.o.. PlAT . . tNPLAT BOOK 57. PAGES 198 AND 197, OF 1HE PU8UC RECORDS OF PAlM BEAOf COOHTY, FLORIDA; THENCE NOR1tft£STERL Y AlONG A CUR'Æ TO 1H£ RIGHT Wl1H AN ARC OISTANCE OF 45.45 FEET. DElTA ANGlE OF oStv4T1.· RADIUS OF 450.00 FEET, CHORD DISTANCE OF 4ð.4J FEET AND CHORD BEARING OF NORm 3QNSS'W WEST TO 1H£ ~ CORH£R (s LOT 8a-A; THENCE NORTH 66-»·00· EAST 272.28 FEET 10 1H£ SOUlHEAST catHER OF LOT 8~A; lHEHŒ NORlH 01"'35'38" EAST 87.81 fEET TO 'THE POINT OF' BEGINNING. Ý J COHTAlNtHG 3.996 ACRES. MORE OR l£SS. - , I.~').. ·~~i ~...... ~AJ'AW''''''~IY''''''~IYIYIYIY~I~''''IY'''IYIYIYIY'''''''''.l'MlYIYIYIY~IY'''''''''IYIY''''AØYIYIYIYIY''''.lYIYIY''''''''''IYIYIYIYIY'''''''''1Y1Y1Y1Y1Y..........,LI'.......IYIYIYIYIYM'1Y1Y1 I I I I I I ~ i ! PETITION By I ~ I ; I WEST BROOKE HOMES I ~ I I ~ i I i I i I ! FOR THE PASSING OF I I I I i I i I AN I i ~ I ORDINANCE I I i i i i i i I To ESTABLISH THE I I I ~ i ; i I HIGH RIDGE/QUANTUM I I i I COMMUNITY DEVELOPMENT DISTRICT I I I I i i I I rnT~ I ~ ~ I ; I f I CITY OF BOYNTON BEACH I ~ ~ I PALM BEACH COUNTY, FLORIDA I i i I I i i i i I I i i i i I I I I i , I I i ~ ~ ; = I i ~ i I i i I I I MA y 17, 2004 I ..1Y1Y1Y1Y1Y.....1Y....1Y..........IYIY....IYIYIYIYIY.lYIYIYIYIY....IY.....~IY.lYIYIYIYIY....,.......IY............IYIY.lYIYIY.I....IYIYIYIY............1Y1Y1Y1Y1Y1Y1Y1Y1Y1Y1Y.."..,WY........IYIYIYIAØ?'...,............IYIY............J - . BEFORE THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA INRE: AN ORDINANCE TO ESTABLISH ) THE HIGH RIDGE/QUANTUM ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION WESTBROOKE HOMES, A Florida general partnership ( the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida, pursuant to the "Unifonn Community Development District Act of 1980", Chapter 190, Florida Statutes, as amended and supplemented (herein, the "Act). Specifically this Petition is made pursuant to Section 190.005(2) of the Act, to establish a community development district with respect to the lands described herein. In support of the Petition, Petitioner states: 1. The proposed District ( as defined below) is located in the incorporated area of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed District. The proposed District covers approximately 15+/- acres ofland. The real property within the boundary of the proposed District is a parcel of land located North of Gateway Boulevard of which approximately 11.61 acres lie on the West side of \ High Ridge Road and approximately 3.99 acres lie on the East side of High Ridge Road. The metes and bounds description of the external boundaries of the District is set forth on Exhibit 2. 2. Attached to this Petition as Exhibit 3 and made a part hereof is the written consent to the establishment of the District of the owner of the 100% real property to be included in the District. 3. The five (5) persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name Harold Eisenacher David Webber Russell Barnes Michael DeBock Claudia Feldman 4. The proposed name of the District to be established is the High Ridge/Quantum Community Development District ("the District"). ! - , 5. There are not existing major trunk water mains, sewer interceptors and outfalls. 6. The proposed timetable for the construction of the District services is shown on Exhibit 4. as well as the estimated cost of constructing the services. This is a good faith estimate, but is not binding on the Petitioner and the District and is subject to change. 7. The future general distribution, location and extent of public and private uses within the District are limited to residential sites and open space. The proposed uses are consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use map is shown on Exhibit 5. The land within the proposed District is zoned for mixed use. It is further anticipated that the subject lands will be pennitted to be developed for approximately 155 townhomes ranging in approximate square footage of 1,492 to 1,936 with prices ranging from $170,000 to $215,000. The Petitioner intends that the District will finance (i) surface water management and control systems, (ii) water distribution and wastewater collection and transmission facilities and (iii) related incidental costs which may include the acquisition of real property (collectively, the "Public Infrastructure"). Upon completion by the Petitioner of the water distribution and wastewater collection and transmission facilities and acquisition by the District, such facilities will be dedicated to the City to be connected to the City's existing water and wastewater lines. í 8. Exhibit 6 is a statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 9. Petitioner hereby requests that the proposed District be granted the right to exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional powers listed in Section 190.012(2)(a) and (d). 10. The Petitioner is Westbrooke Homes, a Florida general partnership. The Petitioner is acting on behalf of itself as a landowner, which owns 100% of the real property to be included in the proposed District. Petitioner will develop the land within the District, including the construction of the Public Infrastructure, which will be acquired by the District. It is contemplated that the vertical improvements on the developed lots will be constructed by the Petitioner and other builders. Copies of all correspondence and official notices should also be sent to: Stephen D. Sanford, Esq., clo Greenberg Traurig, P.A., 777 South Flagler Drive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945. 11. The property within the proposed District is amendable to operating as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective City's Comprehensive Land Use Plan, as amended. - '. (b) The area of land within the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. (c) The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best alternative available for delivering community development services to the area to be served because (i) the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire inttastructure improvements previously constructed by the Petitioner or allows for a community development district to, in the first instance, construct such inttastructure improvements, (iii) the timing for the creation of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such inttastructure improvements which will result in direct benefit to the landowners and their assigns within the District, (iv) establishment of a community development district in conjunction with a comprehensive planned community, as proposed, allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the ~ operation and maintenance of many of the District services and facilities. 12. The Petitioner undertakes on behalf of the District that the District will provide full disclosure of infonnation relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009 and Section 190.048, Florida Statutes of the Act, as amended. [Remainder of page intentionally left blank] 1 WHEREFORE, Petitioner respectfully requests the City Commission of Boynton Beach, Florida to: ) Hold a public hearing as required by Section 190.005(1)(d), Florida Statues to consider the establishment of the High Ridge/Quantum Community Development District; and Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the High Ridge/Quantum Community Development District. Respectfully submitted this 17th day of May 2004. WESTBROOKE HOMES, a Florida general partnership, as Petitioner By: WESTBROOKE COMPANIES, INC., a Delaware corporation and general partner \ ~~~~ Title: Vice President - < HIGH RIDGE/QUANTUM COMMUNITY DVELOPMENT DISTRICT EXHIBITS Exhibit 1 Location Map Exhibit 2 Legal Description Exhibit 3 Consent and Proof of Ownership or Control Exhibit 4 Construction Timetable and Good Faith Cost Estimate Exhibit 5 Future Land Use Map ftom the City of Boynton Beach, Florida Comprehensive Plan depicting the location of the proposed District Exhibit 6 Statement of Estimated Regulatory Costs ~ - , Location Map "'."..,.., I ~ . RD I i3 ~AWI\WiD C,F, - - - - -- - -_i I 1 GATEWAY LJ ~ MOTOROLA BEACH I CORP. ~ ~----- ----- ) . CATALINA OF. I:J "- . t ,_~:.,. ~ ~ ~ ~ .' ~ -J W a: z;i <.!) f2~ z ! 0 ~J: Ü OÜ 00< w CD OLD ~I ~ Exhibit 2 LEGAL DESCRIPTION BEING LOT 88 AND A PORl1ON Œ LOTS 83, 84. 88 AND 87, QUANlUN PARK AT BO"tNTOH BEAat, P.I.D. PlAT NO. 8. PLAT BOOK 57. PAGES 19& AND 197, PUBUC RECORDS or PALM BEAo. COUNTY, FLORIDA, DESCRIBED ÞS F"OLLOWS: BEGINNING AT THE NORlHEAST CORNER Of" SAID lOT 88, RUN 'THENCE SOU1H 89-12'27· WEST AlONG THE NOR1H UNE OF' SAID LOT 88, A DISTANCE OF 364-.01 FEET; THENCE SOUTH 00...31'11· WEST AlONG THE \EST UNE OF SAID LOT 88. A DISTANCE OF 398.48 fEET; lHENCE SOUTH 12...02'4-1· VlEST AlONG 1H£ S....O WEST UNE OF lOT 88 AND AlONG THE Yt£ST UNE OF SAID lOT 87 AND AlONG THE WEST UNE OF SAID LOT 83. A DISTANCE OF 4-15.97 FEET; THENCE NOR1H 9()N00'00· EAST. A DISTANCE OF 7~.81 FEET: THENCE NOR1H7;s,...35'S9· EAST. A DISTANCE OF 313.4-4- FEET TO A POINT ON lHE WESTERlY RIGHT OF WAY UNE OF HIGH RIDGE ROAD AS SAME IS SHOWN ON SAID PLAT NO. 8. SAID Yt£STERlY RIGHT OF WAY UNE AlSO BEING A CURVE CONCA'Æ TO 'THE SOU1HWEST HAVING A RADIUS OF 466.00 FEET FROW VttfICH A RADiAl UNf BEARS SOU'tH 62,.,,,'30· WEST; THENCE NORTHWESTERLY AlONG S....D WESTERLY RIGHT Of' WAY UNE AND AlONG lHE ARC OF SAID CUR\€ 'THROUGH A CENTRAL ANGlE OF' 37-26'13·, A DISTANCE OF JCK.~ fEET TO 'niE POINT OF' TANGENCY; THENCE NORTH 65-14'4-3- WEST, CONTINUING ~G SAID WESTERLY RIGHT Of WAY UNE, A DISTANCE OF 50.00 TO THE POINT OF CURVA1URE OF A CURVE CONCAVE TO lHE N lHEAST HA~NG A RADIUS OF 550.00 FE£T: THENCE NORlHM:S1ERL Y ALONG lHE ARC OF SAID CURVE 'tHROUGH A CENTRAL ANGLE Of' a....34-·58·. A DISTANCE OF 819.95 FEET TO 'THE POINT OF BEGINNING. CONTAINING 11.612 ACRES, MORE OR lESS. A PARCEl.. OF LAND SITUATE IN SECl10M 18, TOWNSHIP 4ð SOUlH. RANGE 43 EAST. PAW BEAOf COUNTY. A..ORIOA. BEING MORE PARl1CUlARl Y DESCRIBED AS LOT 89-B. QUAN1\JM PARK AT BOYNTOH BEACH, PJ.O., PlAT NO.8. ACCORDING TO 'THE PLAT lHEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 198 'THROUGH 197. INClUSIVE, OF THE PUBUC RECORDS Of PALM BEACH COUNTY. flORIDA. L£SS THE FOLLOv.tNG DESCRlSEO PARCEL: FOLlOWS: BEGINNING AT lHE NORTHEAST CORNER Of LOT 89-1\; THENCE SOUTH 8&w24'22· EAST ALONG THE NORTH UN[ OF SAID LOT 89-8 4-3.08 FEET; ,""ENCE SOUlH 01"'35'38· Yt£ST 24-1.17 FEET; THENCE NORlH 8&w24'22- \\EST 285.4-3 FEET TO A POINT COINCIDENT WITH 'THE EAST RIGHT-OF-WAY UNE OF HIGH RIDGE ROAD, M~m IN THE PLAT OF QUANTUM PARK AT BOYNTON BEACH P.I.D., PLAT . . 1N PLAT BOOK 57, PAGES 196 AND UJ7, OF' lHE PUBUC RECORDS OF PAlM BEAot COUNTY, flORIDA; tHENCE NORlH\ESTERL Y AlONG A CUR'Æ TO 1HE RIGHT WITH AN ARC DISTANCE OF 4S.45 fEET, DELTA ANGLE CF 05-.7".- RADIUS OF 450.00 FEET. CHORD DISTANCE Of 4S.43 FEET AND CHORD BEARING OF NORlH J0r.055'46- WEST TO tHE SOUlHYÆST CORNER Of LOT 89-Ai tHENCE NORlH 66-36'00- EAST 272.28 FEET 10 THE SOUlHEAST CORNER Of' LOT 89-Ai THENCE NORtH 01...3,5'38- EAST 87.81 FEET TO THE POINT Of BEGINNING. CONTAINING 3.996 ACRES, MORE OR LESS. - . EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) On this J..2- day of May 2004, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, David Webber who, after being duly sworn, deposes and says: 1. Affiant, David Webber, an individual, is a Vice President of, Westbrooke Companies. Inc.. a Delaware corporation (the "Company"). 2. The Company is the general partner ofWestbrooke Homes, a Florida general partnership (herein, the "General Partnership"). 3. The General Partnership is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property") 4. Affiant, David Webber, hereby represents that he has full authority to execute \ all documents and instruments on behalf of the General Partnership, including the Petition before the City Commission of the City of Boynton Beach. Florida. to enact an ordinance to establish the High Ridge/Quantum Community Development District (the "Proposed CDD"). 5. The property represents all of the real property to be included in the Proposed CDD. 6. Affiant, David Webber on behalf of the General Partnership, as the sole owner of the property in the capacity described above, hereby consents to the establishment of the proposed CDD. FURTHER, AFFIANT SA YETH NOT. D~~~ft-: Subscribed and sworn to before me this 17th day of May , 2004, by David Webber , who perso::!. appeared before me, and is personally known. NOWy:C\~ ~ ~ Print Name: ~¡J(.8: . bJ/he£ Notary Public, State of Florida ~~ FRANCESJ.WARE '" ;¡: MY COMMISSION # DD 195918 ~'rorr.~'f:' EXPIRES: March 23. 2007 1-8CJ0.3.NOTARY FL Notary Discount Assoc. Co. Exhibit A LEGAL DESCRIPTION BEING LOT 88 AND A PORl1ON OF LOTS 83, M, 88 AND 87, QUANTUM PARK AT BO'YNTOH BEAOI, P.I.D. PLAT NO. a. PLAT BOOK 57, PACES 198 AND 197. PUBUC RECORDS OF PALM BEAai COUNTY. flORIDA. DESœIBED ItS F'OU-OWS: BEGINNING AT 'THE NOR'THEAST CORNER OF SAID LOT 88, RUN 'THENCE SOU1H 89-12'27· ~ST ALONG lHE NOR1H UNE OF SAID LOT 88. A DISTANCE OF 38....01 FEET: THENCE SOUlH 00-3"1'- \EST ALONG 'THE WEST UNE OF SAID LOT 88. A. DISTANCE OF 398.48 FEET; lHENŒ SOUTH 12...02'4'· Y£ST ALONG 1HE SAID WEST UNE OF' LOT 88 AND ALONG THE Yt£ST UHE OF SAID LOT 87 AND AlONG lHE WEST UNE OF' SAID LOT 83. A DISTANCE OF 415.97 FEET; 'THENCE NORlH 90...00'00- EAST, A DISTANCE OF 7~.81 fEET: 'THENCE NORTH 7J-.t35·59- EAST, A DISTANCE Of 313.44 FEET TO A POINT ON THE YlESTERL Y RIGHT OF WAY UHE OF HIGH RIDGE ROAD AS SAME IS SHOWN ON SAID PLAT NO. IS. SAID Yt6TERL Y RIGHT Of' WAY UNE ALSO BEING A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 466.00 FEET FROW ~ICH A RADIAL UNE BEARS SOUTH 62H11'3Q- WEST; 'THENCE NORTHWES1'ERL Y ALONG SAID WESTERLY RIGHT Of WAY UNE AND ALONG THE ARC Of SAID aJR'Æ THROUGH A CENTRAL ANGLE Of' 37-26'13-, A DISTANCE OF' 304.48 FEET TO THE POINT OF TANGENCY; THENŒ NORm 65-14'43· WEST, COHl1NUING ~G SAID ~STERL Y RIGHT OF' WAY UN£' A DISTANCE OF SO.OO TO THE POINT OF CURVATURE OF A CURVE CONCA'Æ TO THE N lHEAST HAVING A RADIUS OF 550.00 FEET: THENCE NORlHYtES1ERL Y ALONG THE ARC OF SAID CUlM: lHROUGH A CENTRAL ANGLE OF 84-34'58·. A DISTANCE OF 819.95 FEET TO THE POINT \ OF BEGINNING. CONTAINING 11.612 ACRES, MORE OR LESS. A PARCEl OF LAND SITUATE IN SECl10N 18. TO_SHIP 4ð SOUlH, RANGE 43 EAST. PALM BEACH COUNTY. FLORIOA. BEING MORE PAR11CULARLY DESCRIBED AS LOT 89-B. QUANlUM PARK AT BOYNTON BEACH, P.I.D.. PlAT NO.8, ACCORDING TO lHE PLAT THEHEOF. AS RECORDEO IN PLAT BOOK ~7, PAGES 196 lHROUGH 197. INCWSIVE. OF 1HE PUBUC RECORDS ~ PAUt BEACH COUNTY, flORIDA. lESS 'THE fOLLOVttNG DESCRIBED PARCEL: . FOlLOWS: BEGINNING AT THE NOR1HEAST CORNER OF' LOT 89-A; THENCE SOUlH 8&-02...·22· EAST ALONG THE NOR1H UHE OF SAID LOT 89-B 43.08 FEET; THENCE SOU'TH 01...35'38· WEST 241.17 FEET; 'THENCE NORlH 8&-024'22- Y£ST 265.43 FEET TO A POINT COINCIDENT WllH THE EAST RIGHT-OF-WAY UNE OF HIGH RIDGE ROAD, ~cI~ED IN THE PLAT OF QUAHruw PARK AT BOYNTON BEACH P.I.D.. PlAT . , 1N PLAT BOOK 57. PAGES 106 AND 187. OF 1HE PUBUC RECORDS OF PAUl BEACH COUNTY, flORIDA; THENCE NORlH':STERLY AlONG A CURVE TO 1HE RIGHT WITH AN ARC DISTANCE OF 4ð.4ð FEET. DELTA ANGLE OF 0S-...71...· RADIUS OF 450.00 FEET, CHORD DISTANCE OF 4ð.43 FEET AND CHORD BEARING OF NOR'TH 3QN5S'4f¡- WEST TO THE SOU1H~ CORNER rs LOT 88-A¡ THENCE NORTH 66-36'00· EAST 272.28 FEET TO lHE SOUlHEAST CORNER OF LOT 8e-A; THENCE NORTH 01-35'38- EAST 87.81 FEET TO THE POINT Of' BEGINNING. CONTAINING 3.996 ACRES, MORE OR LESS. · EXHIBIT 4-A HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT ESTIMATED CONSTRUCTION TIME TABLE Start Finish Water and Sewer System August 2004 December 2004 Stormwater Drainage August 2004 December 2004 Earthwork June 2004 December 2004 I. EXHIBIT 4-B HIGH RlDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT GOOD FAITH COST ESTIMATE Water and Sewer System $ 584,916 Stonnwater Drainage 486,628 Earthwork 142,479 Total $1.214.023 \ ."- .,J í , t ,. þ ¡ i ~ ; Ii,) .> t,;:' '" . > ~~ : .~~.' '¡rc::::;;::::>1, _ t;rc-.¿Ji" ¡.·-;-;=·-c____1 I-¡L...r--" ,I,,:,. .~--, ~_.._.__Ji I ; -.- Legend . ... CITY BOUNDARY [~~1 WAll:R . LOW DENSITY RESIDENTIAl (LOR) Max. 4.84 D.UJAcff: , MODERATI: DENSITY RESIDENTIAl (MOOR) MaJI. 7.26 D.UIAUt C-,,_ MEDIUM DENSITY RESIDENTIAL (MEDR) MaJI. 9.58 D.UJAa" ~ .1 t-IGH DENSITY RESIDENTIAL (HDR) MaJI 10.8 D.UJAcre SUBJECT PROPERTY , OFACE COMMERCIAl (OC) . LOCAL RETAIL COMMEROAl (LRC) . GENERAl COMMEROAl (GC) .-- I ¡ INDUSTRIAL (I) C= AGRICULTURE (A) RECREATIONAl (R) .. PUBLIC & PRIVAll: GOVERNMENTAL/lNSTlTUTIONAL (pPG' . MIXED USE (MX) HIGH RIDGE/QUANTUM COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS May 17,2004 \ Prepared by Special District Services, lnc. 11000 Prosperity Fanns Road, Suite 104 Palm Beach Gardens, Florida 33410 561.630.4922 Phone 561.630.4923 Fax STATEMENT OF ESTIMATED REGULA TORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the High Ridge/Quantum Community Development District ("District"). The District comprises approximately 15.6 acres of land located in the City of Boynton Beach, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing District establishment) as follows: "That the process of establishing such a district pursuant to unifonn general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning pennitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of High Ridge/Quantum Community Development District The District is designed to provide district in&astructure, services, and facilities along with their operations and maintenance to a master planned residential development containing 155 residential town home dwelling units within the boundaries of the District. ¡ 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. 1 (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F .S. City of Boynton Beach is not defined as a small City for purposes of this requirement. (e) Any additional infonnation that the agency detennines may be useful. (f) In the statement or revised statement, whichever applies, Ii description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Statutes." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The High/Ridge/Quantum Community Development District will serve land that comprises approximately 15.6 acres residential development to be made up of an estimated 155 residential town homes. The estimated population of the residential ( portion of the District is 375 +1-. The property owners in the District will be individuals and may operate industrial, manufacturing and other retail and non-retail related businesses outside the boundaries of the District. 3.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. There is no state agency promulgating any rule relating to this project that is anticipated to effect state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the proposed land, will encompass under 1,000 acres, therefore, City of Boynton Beach is the 2 establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City of Boynton Beach There will be only modest costs to the City for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the infOImation needed for a staff review. Third, the City already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, the City routinely process similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to City of Boynton Beach, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only \ annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The utilities and drainage will all be funded by the District. The District may also fund the acquisition ofland to be owned and maintained by the District. 3 Table 1 HIGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services FACILITY FUNDED 0&1\:1 BY OWNERSHIP BY BY CDD CDD CDD CDD Ci Cit CDD Ci Cit The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for those facilities, which may be provided, are estimated to be approximately $1.214.023. The District may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non ad valorem special assessments by various names for debt service, the District may also impose a non-ad valorem assessment to fund the operations \ and maintenance of the District and its facilities and services. Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non ad valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, provision by the City, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners of the lands to be included within the District will receive three major classes of benefits. First, landowners in the District will receive a higher long-term sustained level of public services and am~nities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for 4 ·. . h1" bIn t of the District will ensure itself without undue burden on other consumers. Es~a. .1S en . im rovements to that these landowners pay for the provision of facl1ttles, ServlCes and p these lands. Third a CDD is the sole fonn of governance which allows Dh;trict landowners, through lando~ner voting, to detennine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infÌ"astructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative management mechanism. Given the low cost of capital for a COD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Table 2 HIGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT Cost Estimate for District Facilities Category Cost Estimates \ Earthwork $ 142,479 r Drainage System $ 486,628 Potable Water System $ 257,100 Sanitary Sewer System $ 327,816 Total $ 1,214,023 Table 3 HIGH RIDGE/QUANTUMCOMMUNITY DEVELOPMENT DISTRICT Estimated Construction Timetable For District Facilities Category Completion Date Drainage System December 2004 Water System December 2004 Sewer System December 2004 VIII.-PUBlIC HEARING CITY OF BOYNTON BEAC ITEM H. AGENDA ITEM REQUEST FC Requested City Date Final Form Must be Requested City Date Final Form Must be Commission MeetinQ Turned in to City Clerk's Commission MeetinQ Dates Tumed in to City Clerk's Office Dates Office ~ August3,2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August17,2004 (Noon)August2,2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 ("') 0 ('"')-1 o September 21, 2004 o November 16, 2004 r- -1-< (Noon) September 7, 2004 (Noon) November 1, 2~ -<0 0 Administrative 0 Development Plans c= 0'1 I 0 0 New Business N ,-co NATURE OF Consent Agenda :iìO (.,.) -:D-< AGENDA ITEM ~ Public Hearing 0 Legal _AZ :Þo ¡j-l 0 Bids 0 Unfinished Business ::J: ~ 0 - 8:z: - 'I 0 Announcement 0 Presentation .. -., OJ -rr1 .r:- n1> 0 City Manager's Report U1 rr1('"') ::r: RECOMMENDATION: Staff recommends Commission approval of the final adoption of the City of Boynton Beach's 2004-2005 Community Development Block Grant (CDBG) One-Year Consolidated Action Plan. EXPLANATION: The City of Boynton Beach is in its eighth (8th) year of receiving Federal Grant Funds. The Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Proposals were received as a result of public advertisement, and were reviewed by a committee comprised of citizens and City of Boynton Beach employees as explained in Exhibit "A". PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development, public services, housing and recreational needs, as well as fund administration by the City. Due to the need to commit funding annually to repay the Section 108 loan in order to initiate the Heart of Boynton project, the funding recommendations for FY 2004/2005 are as follows: Grant Amount $636,000 Recommendation Community Caring Center 25,000 Summer Camp Scholarships 11 ,800 Boynton Beach Faith Based CDC 50,000 R. M. Lee CDC 50,000 PBC Resource Center 25,000 Fair Housing Center (administrative) 10,000 Citizens Concerned About Our Children 5,000 TOTAL SUB-GRANTEES 176,800 Heart of Boynton - Phase I 227,000 Rehabilitation 75,000 Rehabilitation Administration 40,000 Planning & Administration 117,200 TOTAL $636,000 Agenda Item Request Form August3,2004 CDBG One Year Action Plan FISCAL IMPACT: The City of Boynton Beach expects to receive $636,000 for this program to continue its Community Development efforts. ALTERNATIVES: The City of Boynton Beach would have to use ad valorem dollars, or would have to discontinue its revitali a ·on efforts. / ,/ Community Improvement Division Department of Development Department Name City Attorney / Finance / Human Resources Memorandum 04-061 CDBG FY 2004/2005 ......ìge 2 Accordingly, for the 2004-2005 fiscal year, staff recommends the prioritization of these funding requests by dividing them into three groups as follows: Group 1- Community Based Development Activities Boynton Beach Faith Based CDC $50,000 R. M. Lee CDC 50,000 Palm Beach County Resource Center 25,000 (Economic Development) .. Fair Housing Center (funded under Administration) 10,000 Total $135,000 Staff recommends full funding for these Group 1 requests. The organizations represented by these funding requests are important contributors to both the present and future economic health of the community. Group 2 - Public Service Summer Camp Scholarships $11,800 (City of Boynton Beach Recreation) ......ommunity Caring Center 25,000 ommitted Citizens Concerned about our Children 5.000 Total $41,800 Staff also recommends full funding for these Group 2 requests. The organizations in this category provide services that play an important role in improving the quality of life in the community. Group 3 - Public Service Ena's Needy Foundation $5,000 Aid to Victims of Domestic Abuse 5,000 Urban League 5.000 Total $15,000 Staff does not recommend funding for these Group 3 requests. The requests in this category represent either new funding for organizations that have not previously been sub-recipients, or a renewal of funding at a relatively low level for organizations that receive their major financial support from other sources, or an organization that provides a service that the city. currently ·receives from another agency. Moreover, it is anticipated that significant reductions in the amounts granted to Groups 1 and 2 may be necessary in future years to insure that the housing rehabilitation programs remain intact, and that ~dequate Section 108 debt service coverage is provided. ~~~\ŒV\CD8G~åot XII. - LEGAL ITEM A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date FinaJ Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office ~ August3,2004 (Noon.) July 19,2004 D October 5,2004 ONoon)September20,2004 D August 17, 2004 ONoon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 ONoon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: ,Ordinance on First Reading to amend Chapter 18, Article II of Code of Ordinances to authorize an annual change in the investment option selected by DROP participants in the General Employees' Pension Plan by specif"JCaßy amending Semon 18-127 of the City's Code to provide an additional alternative investment option for DROP funds. EXPLANA TION: ordinance would provide an option for DROP participants to select optional methods of investment earnings to their drop accounts. The collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same investment options as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. AL~;tP~Ordinan/""_Dded Department Head's Signature Pension Administration ~(Jfkt(,.¡ i}FrM/' ~ ,/ Department Name -----C¡'y ADOrn -1 Fma - eelM..... R~~ - #. O~ Cþ~ <J ~'v., f;./ ,- S:\BUlLETIN\FORMS\AGENDA rrEM REQUEST R>RM.DOC ORDINANCE NO. 04-053 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AUTHORIZE AN ANNUAL CHANGE IN THE INVESTMENT OPTION SELECTED BY A DROP P ARTICIP ANT IN THE GENERAL EMPLOYEES' PENSION PLAN BY SPECIFICALLY AMENDING §18-127 OF THE CITY'S CODE OF ORDINANCES; FURTHER AMENDING §18-127 TO PROVIDE AN ADDITIONAL AL TERNA TIVE INVESTMENT OPTION FOR DROP FUNDS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Trustees ("Board") for the General Employees' Pension Plan (the "Plan") of the City of Boynton Beach recommends amending the provisions of the Deferred Retirement Option Plan to afford a DROP participant the opportunity to change investment options on an annual basis; and WHEREAS, the City Commission has reviewed the recommendations of the Board and finds the amendments to the Plan proposed by the Board as provided herein to be in the best interests of the Plan members and the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2. Chapter 18, Article II, Division 4, § 18-127 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Deferred Retirement Option Plan," is hereby amended to read as follows: CODING: Words in strikc through type are deletion rrom existing law; Words in underscored type are additions. Page 1 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settings\LADUERCITY\LocaJ Settings\Temporary Internet FiJes\OLK8\GeneraJ Employees Pension - DROP investment option.doc <___.=.A_.....~~'-='--,....r .....,. --""--.......y--- ,-_ ~__ _._'"~"'_;..c...,~~_-~~__...______...."'....,...,._,~.,_.._ -_.--....---..,-----~-~- -, # §18-127 Deferred Retirement Option Plan. . . . (f) An employee's account in the DROP program shall earn interest in one (1) of three (3) ways. The selection of the earnings program shall be irrc';ocablc and shall be made prior to the first deposit in the DROP account and may be modified once each year by the participant during their participation in the DROP. The investment method may be changed each year effective January 1 st, however. the method must be elected prior to January 1 st on a form provided by the Board of Trustees. The options are: (1) Gain or lose interest at the same rate as the Plan; or (2) At an annual fixed rate of seven percent (7%); or (3) In a self directed account utilizing mutual funds selected by the Board A percentage of the DROP account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of seven percent (7% ). The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two (2) percentages must equal 100%. The participant's DROP accounts will be assessed an administrative fee that is based upon the ratio that the participant's DROP account bears to the Funs as a whole. . . . Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section", "Artiele" or such other word or phrase in order to accomplish such intention. CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\LocaJ Settings\Temporary Internet FiIes\OLK8\GeneraJ Employees Pension - DROP investment option.doc Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflicL Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective when the following has occurred: a) a collective bargaining agreement ratifYing the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization~ b) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments~ and c) a copy of this ordinance has been forwarded to the State of Florida Division of Retirement. Upon satisfaction of this requirement, then in that event, the terms and provisions of this Ordinance shall become effective. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in strike through type are deletion trom existing law~ Words in underscored type are additions. Page 3 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - DROP investment option.doc , ---- .-~~_..~--~--~---_._- -~--<.-........~----..~--~._- " FIRST READING this ~o day of JU.li ,2004. SECOND, FINAL READING and PASSAGE this _ day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern ATTEST: Commissioner CITY CLERK Commissioner (CORPORATE SEAL) CODING: Words in strike through type are deletion horn existing law; Words in underscored type are additions. Page 4 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\GeneraJ Employees Pension - DROP investment option.doc - GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. . Suite 200. Ft. Lauderdale, FL 33301-2254.954-527-1616. FAX 954-525-0083 February 19, 2004 Ms. Barbara LaDue Pension Administrator City of Boynton Beach General Employees' Pension Plan 100 E. Boynton Beach Bou!evard Boynton Beach, Florida 33425-0310 Re: General Employees Pension Plan Dear Barbara: We have reviewed three proposed ordinances that would provide for the following changes to the Plan: ~ Allow members to purchase up to five years of prior service as a full-time general employee of the City or any other governmental agency. ~ Allow a one-time opportunity for present members to include pre- employment military service in creditable service for purposes of calculating their pension benefits. ~ Allow DROP participants to change their investment elections. The first two proposals described above would require the member to pay the full actuarial cost of the additional service. It is our opinion that passage of any of these ordinances would have no actuarial impact on the Plan. We welcome your questions and comments. Sincerely yours, ~~ fc. . J. Stephen Palmquist JSP/or .--...-..-- . "-~' -- _._-><_.--.......,....----_..,..-------....-¿""'=~._--_....->~. _._'___0_. _..,..~_~A'-'=".~__.__~~~___,__"" ~un ID CUU~ ~;~~nn nr Ln~t:.t<~t:.1 JCUU p. 1 National Conference of Firemen & Oilers SEIU NCFO Local 1227, AFL-CIO. CLC 937 Belvedere Road SEIU west Palm Beach, Rorida 33405 - - ... - - - - -- ----- - -- NCFO June 16. 2004 By Facsimile 561-742-6274 Ms. Barbara LaDue Pension AdJø.ini~or City ofBoyntoo Beach p.O. Box 310 Boynton Beach. FL 33425-0310 Re: Rmifiçation of Pension Article Dear Ms. -LaDue: Please be advised that on May 3, 2004, the NCF&O ~ Units ratified the Tentative Pension A~nt reached between the City of Boynton Beaclt and 1he Union. If you should-have any questions, please caU. Sincerely, ~/J ¢ / ShotÒn MunIe, ~~~ - President . Phone: 561-366--9513 Fax: 56J-~9554 Toll Free: 1-888-702-0810 Wehsíte: wwwJocaJl22í.org ~ 1. ~____.'_'_ --.- ~-_.._-----..__..........__,....;,.""..~~- ~",,,,,,,,__-,,-,-,--_~,=-~~,~.~- 'I~ XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office ~ August3,2004 (Noon.) July 19, 2004 o October 5,2004 (Noon) September 20, 2004 o August I7, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ¡g Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to establish an Ordinance related to Florida Statutes Section 287.055, "Consultants' Competitive Negotiation Act" (CCNA), Section 9, in regards to designlbuild construction projects. EXPLANATION: This Ordinance will establish the legislative intent ofthe City Commission that the City, and an its constituent boards, authorities, and the like, with purchasing or procurement authority, will comply to the funest extent with the spirit and mandates of the "Consultants' Competitive Negotiation Act", F.S. 287.055, Section 9, for an design-build construction projects. PROGRAM IMPACT: Upon adoption of the Ordinance, the City Administration will adopt a Purchasing Policy, or rules of procedure, for a determination of a design-build construction project under the provisions of CCNA. The written Purchasing Policy will address such items as: Design-Build Firm, Design Criteria Package, Design Criteria Professional, and Design-Build Contract. FISCAL IMP ACT: Fiscal impact will apply as Commission awards individual construction projects. , ¿/~~~ ~M' Deputy Director of Financial Services Procurement Services Department Name City Attorney / Finance / Human Resourc ~SS cJJ~~ '.\\ 'J'0\.- N ~\.. ~O . ~«« S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ 1 ORDINANCE NO. 04- OS-&.( 2 I 3 AN ORDINANCE OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA AMENDING CHAPTER 2. I 5 ARTICLE IV. PURCHASING AND CONSULTANTS, 6 I BY CREATING A NEW SUBSECTION. 2-61 OF THE 7 CODE OF ORDINANCES TO EXPRESSLY 8 AUTHORIZE THE USE OF DESIGN-BUILD 9 CONTRACTS FOR CITY PROJECTS; PROVIDING 10 FOR CONFLICTS, SEVERABILITY, CODIFICATION 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission recogmzes Design/Build as a viable 14 'onstruction option which allows the City to influence the design and cost of a public 15 roject at an early stage; and 16 WHEREAS, the City has successfully used the Design/Build model on a previous 17 ity project which proved fiscally beneficial; and 18 WHEREAS, Florida Statute 287.055(9) is hereby incorporated by reference and 19 onstitutes the City's procedures applicable to Design/Build contracts; 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 21 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing whereas clauses are true and correct and are now 23 atified and confirmed by the City Commission. 24 Section 2. That Chapter 2. Article IV. Purchasing and Consultants, is hereby 25 ended by creating a new Section 2-61, as follows: 26 Sec. 2-61. There is hereby incorporated by reference and made a part hereof F.S. 27 ection 287.055 9 -Build Contracts. as amended from time to time. 28 Section 3. Each and every other provision of Chapter 2, Article IV. not herein 29 pecifically amended, shall remain in full force and effect as originally adopted. 30 Section 5. All laws and ordinances applying to the City of Boynton Beach in 31 onflict with any provisions of this ordinance are hereby repealed. :\CA\Ordinances\draft ordinance\Amending 2-57 - design build reference.doc .-. ..~...-~.",,--------..,~---~-.--~- .... ...---- --_.,.'."....----...,-~-". ~_.'<'~ _._, _._ ~____....~_.H_~........""'.>.._._ .__..~____."'~>_,_. __ _,m_,-", _~~",_""._. ,,-.__--'~.._._.~~..__. -___u _._ I' 1 Secti on 6. Should any section or provision of this Ordinance or any portion 2 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 3 ot affect the remainder of this Ordinance. 4 Section 7. Authority is hereby given to codify this Ordinance. 5 Section 8. This Ordinance shaH become effective immediately. 6 FIRST READING this ~O day of July, 2004 7 SECOND, FINAL READING AND PASSAGE this _ day of 8 9 ugust,2004.. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 TIEST: 27 28 29 ity Clerk 30 31 :\CA\Ordinances\draft ordinance\Amending 2-57 - design build reference.doc Page 6 West's ES.A. § 287.055' (9)ApþÌitâbility todêsign-buiJd contracts.-- (a) Except as provided in this subsection, this section is not applicable to the procurement of design-buiJd contracts by any agency, and the agency must award design-build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 337.11(7), the Department of Management Services shaH adopt rules for the award of design-build contracts to be foHowed by state agencies. Each other agency must adopt rules or ordinances for the award of design-build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design-build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a qualifications-based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected firm wiH subsequently establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications-based selection, during the selection of the design-build frrm the procuring agency shaH employ or retain a licensed design professional appropriate to the project to serve as the agency's representative. Procedures for the use of a competitive proposal selection process must include as a minimum the foHowing: 1. The preparation of a design criteria package for the design and construction of the public construction project. 2. The qualification and selection of no fewer than three design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. 3. The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. 4. The solicitation of competitive proposals, pursuant to a design criteria package, from those qualified design-build fmns and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. 5. For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design-build fmns, the supervision or approval by the agency of the detailed Copr. © West 2004 No Claim to Orig. u.S. Govt. Works ---,--- -.. ~-_. .~""'~_~.~......_ __ .. ~._______r._~__.....__..~,. . 0"_ _ . ~-----.....,;"'...""'"......_~ Page 7 West's F.S.A. § 287.055 working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. 6. In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build finn available at that time. (10) Reuse of existing plans.--Notwithstanding any other provision of this section, there shall be no public notice requirement or utilization of the selection process as provided in this section for projects in which the agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as defined in s. 1013.01, a prior project of that or any other board. Except for plans of a board as defined in s. 1013.01, public notice for any plans that are intended to be reused at some future time must contain a statement that provides that the plans are subject to reuse in accordance with the provisions of this subsection. (11) Construction of law.--Nothing in the amendment of this section by chapter 75-281, Laws of Florida, is intended to supersede the provisions of ss. 1013.45 and 1013.46. CREDIT(S) Laws 1973, c. 73-19, § § 1 to 8; Laws 1975, c. 75-281, § § 1 to 3; Laws 1977, c. 77-174, § 1; Laws 1977, c. 77- 199, § 1; Laws 1984, c. 84-321, § 10; Laws 1985, c. 85-104, § § 23,32; Laws 1985, c. 85-349, § 57; Laws 1986, c. 86-204, § 6; Laws 1988. c. 88-108. § 1; Laws 1989. c. 89-158. § 1; Laws 1990. c. 90-268. § 16. Amended by Laws 1991. c. 91-137. § 15. eff. May 28.1991; Laws 1991. c. 91-162. § 7. eff. May 28.1991; Laws 1992. c. 92- 279. § 250. eff. July 1. 1992; Laws 1993. c. 93-95. § 1. eff. Oct. 1. 1993; Laws 1994. c. 94-119. § 114. eft. July 1. 1994; Laws 1994. c. 94- 322. § 10, eff. May 31. 1994; Laws 1995. c. 95-148. § 868, eff. July 10. 1995; Laws 1995. c. 95-410. § 2. eff. July 1. 1995; Laws 1996. c. 96- 399. § 45, eff. Oct. 1. 1996; Laws 1997. c. 97-100. § 38. eff. July 1. 1997; Laws 1997. c. 97-296. § 1. eff. Oct. 1. 1997; Laws 1998. c. 98- 279. § 80. eff. June 30. 1998; Laws 2001. c. 2001-61. § 55. eft. July 3. 2001; Laws 2002. c. 2002-20. § 63. eff. July 1. 2002; Laws 2002. c. 2002-387, § 944, eff. Jan. 7. 2003. HISTORICAL AND STATUTORY NOTES Reviser's Note--1998: The text of the amendment to paragraph (3)(b) by s. 23. ch. 85-104, was incorporated in an amendment by s. 45. ch. 96-399, after the October 1,1995, repeal ofs. 23, ch. 85-104, by s. 37, ch. 85-104. took effect. Paragraph (4)(b) was also amended by s. 23, ch. 85-104, but has not been amended since the 1995 repeal. With the language from the s. 23, ch. 85-104, amendment removed, it would read: "(b) The agency shall select in order of preference no fewer than three finns deemed to be the most highly qualified to perform the required services after considering such factors as the ability of professional personnel; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the finns; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of Copr. © West 2004 No Claim to Orig. U.S. Govt. Works · ~-.~ -~~----.. ......-~~h_..1__~ . d'''''___~ ~~_ ,»>G.~.____~~_~_~.........__~______....-....>_. ~.~~ '-~__~~-"'_'_'" ~__'=___. ___t; XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8] August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 ("") a o=i r-- =i-< 0 Administrative 0 Development Plans '- --"':0 0 0 S .-:-) ." NATURE OF Consent Agenda New Business . N '--OJ AGENDA ITEM 0 Public Hearing [8] Legal - ¡TfÇ) ;~ ::; 0 0 -0 . A.. Bids UnfInished Business CJ} -; . Ç) 0 Announcement 0 Presentation .¡;:- Oz '1 .. 'lCD 0 City Manager's Report ~.~ -fT1 C) ("")J> f"T1("") :::r: RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this request under First Reading on July 20, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-145. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) AGENT: Carlos Ballbe, Keith & Baallbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to annex 7.29 acres of property in connection with the request to build 113 fee- simple townhomes and related site improvements. PROGRAM IMPACT: N/A FlSCAL IMPACT: N/A ALTERNATIVES: N/A Devel City Manager's Signature It{¿ Planning and Zoning ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\S em Homes of Palm Beach\Waterside\ANEX 04-002\Agenda Item Request Waterside ANNEX 04-002 second reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r [ 11 ORDINANCE NO. 04- 05"5 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 7.29 ACRES OF 5 LAND THA T IS CONTIGUOUS TO THE CITY 6 LThÆITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDmON TO THE 9 CITY TERRITORY, PURSUANT TO ARTICLE I, 10 SECTION 7 (32) OF THE CHARTER OF THE CITY 11 OF BOYNTON BEACH, FLORIDA, AND SECTIONS 12 171.044, AND 171.062(2), FLORIDA STATUTES; 13 PROVIDING THAT THE PROPER LAND USE 14 DESIGNATION AND PROPER ZONING OF THE 15 PROPERTY SHALL BE REFLECTED IN SEPARATE 16 ORDINANCES TO BE PASSED SIMULTANEOUSLY 17 HEREWITH; PROVIDING FOR CONFLICTS, 18 SEVERABILITY, CODIFICATION AND AN 19 EFFECTIVE DATE; PROVIDING THAT THIS 20 ORDINANCE SHALL BE FilED WITH THE CLERK 21 OF THE CIRCUIT COURT OF PAlM BEACH 22 COUNTY, FLORIDA, UPON ADOPTION. 23 24 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires 25 the development of an Annexation Program; and 26 WHEREAS, Southern Homes of Palm Beach, LLC, through its agent, Carols J. 27 Balbe/Keith & Balbe, Inc., as owner of the property more particularly described 28 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A- 29 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 30 annexing a certain tract of land consisting of approximately 7.29 acres; and 31 WHEREAS, the City of Boynton Beach hereby exercises its option to annex 32 the following tract of land as hereinafter described, in accordance with Article I, 33 Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida 34 Statutes; and 35 S:\CA\Ordinances\Planning\Annexations\Waterside Annexation.doc . ~~__~,""""'.-.-o-._--..-.~-.--,;~-_,-_ ~ ~---,~"---- - - ..._-_._-»............--......-----=--...-~<--"'-~"~-~-----,,. .- ~ ~~'...,,-"'-"""'.~~.-..-- -~-._- « 1 WHEREAS, said tract of land lying and being within Palm Beach County is 2 contiguous to the existing city limits of the City of Boynton Beach, and wil1, upon its 3 annexation, constitute a reasonably compact addition to the City territory. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. That each and every Whereas clause is true and correct. 7 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 8 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 9 unincorporated and contiguous tract of land situated and lying and being in the County 10 of Palm Beach, Florida, to wit: 11 A PARCEL OF LAND IN SECTION 4, TOWNSIDP 46 SOUTH, RANGE 43 12 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 13 DESCRIBED AS FOLLOWS: 14 COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS 15 ESTATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS 16 RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBUC RECORDS OF 17 PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE 18 WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL W ATERW A Y; 19 THENCE NORTH 05°26'06" EAST ON SAID WESTERLY RIGHT -OF- WAY 20 LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 21 89°18'46" WEST 385.00 FEET; THENCE NORTH 05°26'06" EAST 4.08 22 FEET; THENCE SOUTH 89°18'46" WEST 35.00 FEET; THENCE SOUTH 23 05°26'06" WEST 174.98 FEET; THENCE SOUTH 89°18'46" WEST 236.14 24 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE 25 SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, 26 WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34°34'00" 27 AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE 28 CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE 29 SOUTIIWESTERL Y ON THE ARC OF SAID CURVE, WITH A RADIUS OF 30 82.59 FEET AND A CENTRAL ANGLE OF 34°34'00" AN ARC DISTANCE 31 OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°18'46" 32 WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY 33 RIGHT-OF- WAY OF U.S. IllGHW A Y NO.1 (STATE ROAD NO.5), SAID 34 INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE 35 WEST, THE RADIUS POINT OF WHICH BEARS NORTH 73°25'48" WEST; 36 THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF- WAY AND ON THE 37 S:\CA\Ordinances\Planning\Annexations\Waterside Annexation.doc ~ 1 ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A 2 CENTRAL ANGLE OF 02°23'09" AN ARC DISTANCE OF 479.27 FEET; 3 THENCE NORTH 89°14'41" EAST 245.48 FEET; THENCE NORTH 4 05°26'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE 5 PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF 6 SAID SECTION 4; THENCE NORTH 89°18'46" EAST ON SAID PARALLEL 7 LINE 274.00 FEET; THENCE SOUTH 06°36'55" WEST 40.21 FEET TO 8 THE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET 9 SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 10 89°18'46" EAST ON SAID PARAlLEL LINE 250.00 FEET TO THE 11 INTERSECTION WITH THE AFOREMENTIONED WESTERLY RlGHT-OF- WAY 12 LINE OF THE INTRACOASTAL W A TERW A Y; THENCE SOUTH 05°26'06" 13 WEST ON SAID WESTERLY RIGHT -OF- WAY LINE 315.29 FEET TO THE 14 POINT OF BEGINNING. 15 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRA Y 16 BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676 17 SQUARE FEET, 7.2928 ACRES. 18 19 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed 20 shall be and become part of the City with the same force and effect as though the same 21 had been originally incorporated in the territorial boundaries thereof. 22 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 23 orida, is hereby amended to reflect the annexation of said tract of land more particularly 24 escribed in Section 1 of this Ordinance. 25 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 26 oning designation and Land Use category is being detennined as contemplated in Section 27 71.162(2), Florida Statutes. 28 Section 4. An ordinances or parts of ordinances in conflict herewith are hereby 29 epealed. 30 Section 5: Should any section or provision of this Ordinance or any portion thereof 31 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 32 he remainder of this Ordinance. 33 34 S:\CA\Ordinances\Planning\Annexations\Waterside Annexation.doc _ ~___o..h-~._~'~_. . ....--... ,~ - L__'_, _ _.__«'_.0_o>_____ ._h 'n' ~~_~__~.....___. ----..-.............-:ç-.--.-- - " 1 Section 6: This Ordinance shall not be passed until the same has been advertised 2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 3 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 4 Section 7. This ordinance shall become effective immediately upon passage. 5 Section 8. Specific authority is hereby given to codify this Ordinance. 6 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 7 Circuit Court of Palm Beach County, Florida. 8 FIRST READING this ~ day of J~4 ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 A lTEST: 25 Commissioner 26 27 City Clerk 28 29 S:\CA\Ordinances\Planning\Annexations\Waterside Annexation.doc DEVEUOPMENTDEPAR~ENT PLANNING. ZONING DIVISION MEMORANDUM NO. PZ 04-145 TO: Chair and Members Comml.lnlty Redevelopment Agency Board Mayor and CIty Commission FROM: Dick Hudson, AICP W Senior Planner ~ THROUGH: Michael W. Rum~ Director of Planning and Zoning DATE: June 28, 2004 PROJECf NAME/NUMBER: Waterslde,lANEX 04-002 & LUAR 04-002 REQUEST: To annex the property, amend the Future Land Use Designation from OilS and MR-S (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Southern Homes of Palm Beach, LLC Applicant! Agent: Southern Homes of Palm Beach, LLqCarlos Ballbé-Keith & Ballbé Location: East side of Federal Highway north of Chukker Road (Exhibit... A ") Parcel Size: 7 .29 aaes Ex1st1ng Land Use: CH/S (Commercial High with an underlying S dwelling units per acre [du/ac) and MR-S (Medium Residential at S du/ac) - Palm Beach County designations existing Zoning: Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Proposed Land Use: Special High Density Residential (SHDR) at 20 du/ac Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 113 unit townhouse community - -- ---~---..,-~-,,,-~-=-...-..-~,,~->----~............-~--~ - ._~-~-"'"---~-~, ,- . -------;-............--. ~-----~-.--- Page 2 Ale Number: ANEX 04-002 &. LUAR 04-002 Waterside Adjacent Uses: North : Commercial use to a depth of 150 feet east of Federal HIghway with CHIS land use and CG zoning then single-family residential development designated MR-5 and zoned MR, all located In unincorporated Palm Beach County South: Right-of-way of Chukker Road, then vacant property along Federal Highway with 01/5 land use and CG zonIng to a depth of 150 feet, and farther east, single family residential development des1gnated MR-S and zoned MR all located in unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located In unincorporated Palm Beach County designated CHIS and zoned CG and property In the aty of Boynton Beach designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request Is consistent .with the objectives of the City's annexation program, relevant polldes In the Comprehensive Plan, and the adopted Federal Highway Conidor Community Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the dty, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project Is developed In the IPUD zoning district. 4. There Is a long-standing lack of demand for retail commercial land In the vtdnlty and a high proven demand for· residential land use In the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted In 1989, the aty induded polldes dealing with the future annexation of properties adjacent to Its boundaries. One of the Clty's polldes Is to reduce existing endaves through voluntary annexation. Palm Beach County has been generally supportive of this poUcy, since providing services to these endaves Is dlfflaJlt for the County, ånd In fact, they rely on the aty, through Interlocal agreements, to provide many of the services. It was envisioned that the properties along the Federal Highway Conidor south of the intersection of Old Dixie Highway, Including the subject parcels, would eventually be annexed Page 3 Ale Number: ANEX 04-002 & lUAR 04-002 Waterside Into the Oty and form a retall-orlented corridor, consistent with the land use designations and zoning categories assigned by both the Cty and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use In this area would be new car dealerships. OVer the past several years, the Cty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the Oty's Comprehensive Plan through the establishment of the Spedal High Density Residential dasslflcation, Intended to support redevelopment In the coastal area. This type of development furthered the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Cub) to 32.2 du/ac (Seagate). The shift has selVed to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the aty's tax base. The remaining viable nelghborhood-servlng commercial uses are being concentrated Into nodes located at major Intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of the size of the property under consideration, the Ronda Department of Community Affairs dasslfies this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Rorlda Department of Community Affairs and Is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The aiterta used to review Comprehensive Plan amendments and rezonlngs are listed In the land Development Regulations, Chapter 2, SectIon 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These a1terIa are required to be part of a staff analysis when the proposed change Includes an amendment to the COmprehensive Plan Future land Use Map. 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 land use amendments and rezonlngs are to be reviewed as Indicated In SectIon 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those Instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this Instance, however, the analysts serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezonIng would be consistent wfth applicable comprehénslve plan poIldes Including but not Umlted to, a prohibition against any lnaease In dwelling unit density exceeding 50 In the hunfcane evacuation zone without fonnulatlon of an emergency hurrfcane preparedness plan. The plannIng depaltment shall also recommend limitations or requIrements, which would have to be Imposed -~'-'--~~--~"-.-I-~_:--"-~~.~--,~.._"".,,..--=~--"--~ .~~..".....,-~.----, - ,. --~. Page 4 Ale Number: ANEX 04-002 &. LUAR 04-002 Waterside on subsequent development of the property, In order to comply with pol/des contaIned In the comprehensive plan. OVer the past several years, the aty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, partla.alar1y those with densities greater than 10.8 units per aae. Higher density development was fadlltated by the Oty's Comprehensive Plan through the establishment of the SpecIal High Density Residential dasslflcatlon, Intended to support redevelopment In the coastal area. Land use amendments and rezonlngs, which change designations from commercial use to residential use are particularly consistent wfth two polldes In the Comprehensive Plan: "Policy 1.17.1 The Oty shall continue to discourage additional commercial and Industrial uses beyond those whIch are CUITeflt/y shown on the Future Land Use Map, except where access Is greatest and Impacts on residential land uses are least"'; and "PoUcy 1.19.7 The Oty shall continue to change the land use and zonIng to pem71t only residential or other non-commerrial uses In areas where the demand for commerr:lal uses will not Inaease, particularly In the Coastal Area. " The subject property Is located In Planning Area V (Entrances to the CIty) In the Federal Highwav Confdor Community RedeveloDment Plan. which was adopted by the CIty on May 16, 2001. The plan's recommendations for this planning area Indude the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at Intensities that will assist In supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less Intense than that of the adjacent planning areas, but substantial enough to announce an anivalln the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes In the corridor. In addition, It Is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. b. Whether the proposed rezonIng would be contrary to the established land use pattem, or would aeate an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an Indlvfdual property owner as contrasted with the protection of the pùbllc welfare. The changing development pattern In the Federal Highway corridor has seen an lnaease In the number of residential developments with densities greater than 10.8 du/ac. This type of Page 5 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging ñ'Om 21 du/ac (Colonial aub) to 32.2 dU/ac (Seagate). The shift In the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the Oty's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to inaease the range of housing opportunities available In the redevelopment area. At the same time, they will Increase allowed residential density adjacent to existing single-family homes. c. Whether changed or changing conditions make the proposed rezoning desIrable. The request for conversion of parcels designated for commercial uses to SpecIal High Density Residential for condominium and townhouse development has become more prevalent In the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other publIc fadllties. Trip generation analyses for the property were prepared by the appficanrs traffic èonsultant, utilizing two scenarios; the first if the property is redeveloped under current land use and zoning, the second if the property Is developed under the requested land use and zoning. Under the first scenario, the daily bips generated total 4,346 with a PM peak hour total of 399 trips. Under the second scenario dally bipS would total 723 or 3,623 fewer trips and 332 fewer PM peak hour bips. According to link analysis, prefonned by Klmley-Hom and AssocIates during the TCEA application process, the Federal Highway roadway from 23"' Avenue to George Bush Boulevard has a daily capacity of 29,300 bips at LOS wD', with Average Annual Daily Trips (AADì) for the year 2003 at 22,772 bips. Estimates, based on the City's adopted Levels of Service, Indicate that total potabfe water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of these demands will be made at the time of building pennlt application submittal. The aty of Boynton Beach Is proceeding with plans for the purchase of surplus potable water ñ'Om Palm Beach County Utilities, via existing Interconnection points, to supplement Its current capacity. This purchase agreement will be in effect within a few months and will provide suffldent capadty to serve this project. Suffldent wastewater capacity is currently available to serve this project, subject to the applicant making a finn reservation of capacity, following approval of the site plan. According to a review by Are-Rescue personnel, to meet the Inaeased demand, additional resources are required such as personnel, apparatus, and equipment It Is Imperative that Are Station #4 be completed and In service by the time these new projects are completed and , _~,.__~,~~___~~~",,~_____"~,.~._-r ~"r"--""""""~_____~_" -. -""-""-.- Page 6 Rle Number: ANEX 04-002 &. LUAR 04-002 Waterside occupied, and that Rre Station #5 be expedited to Insure adequate service delivery levels and effective response times In the northeast section of the CIty and as a back-up In the northwest quadrant and In the downtown corridor of the CIty. Station # 4 Is scheduled for completion In 2005; however, StatIon #5 Is In the early planning stages and no completion date has been scheduled. It Is Important that Station #1, as currently located, remains In operation as the first response station for downtown proJeds such as this. This situation also Increases the potential for mass casualty events when large numbers of people occupy confined areas. This Is becoming more prevalent In many areas of the dty. Every added new commercial and multi-family structure lnaeases the annual fire prevention Inspection workload as required by ordinance. Although there have been a large number of these occupancies added In the past several years, Inspection staff has deaeased. This situation has reached a point that may soon require changes In our InspecUon schedules that may negatively affect our future success. The past and current service level has prevented any significant fires In these occupancies for several years. New development projeds InwMng multi-family or hlgh-denslty commercial projeds should be approved contingent upon consideration of future upgrades In emergency dispatch capability. These enhancements Include new technology related to CAD, GIS, and AVL capablrlty, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed In time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department Is undennanned and over tasked and any significant tasking (additional commercial and multi-famlly occupancy) will undoubtedly have a negative Impact on our ability to provide adequate service unless Immediately able to compensate for the shortfall In personnel. Last year the Police Deparbnent handled 72,005 calls for service, compared to 61,833 calls In 2000. This Is a 14% Increase In an already Impressive call volume for a city of a little over 60,000. It should also be noted that the department has also lnaeased arrests by 25% since 2000. The Police Department recommends, "that proposed significant Inaeases In our business and dvillan population be tied to the addition of offtcers on the force." With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munldpalltles throughout the 10-year planning period. The School Dlsb1ct of Palm Beach County has reviewed the application and has Issued a statement that the project compiles with the adopted Level of ServIce (LOS) for school concurTenCy. The conaJlTency detennlnatlon Is valid for one year from March 24, 2004, the date of Issuance. The School DIstr1ct estimates that the project will generate 9 elementary school students, 5 middle school sbJdents and 7 high school students. CUITel1tly, RoIling Green Page 7 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside Elementary School Is at 97% capacity, Odyssey Middle School Is at 84% capacity and Boynton Beach High School Is at 102% capadty. Lastly, drainage Is being reviewed In detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to Inaease the value of these properties. Although pockets of single-family homes will remain In the Immediate area, the quality of the proposed project wllllnaease the values of the subject and nearby properties. Further, despite the Immediate contrast between dwelling units and density, this contrast Is characteristic of the entire waterfront corridor. f. Whether the property Is physically and economically developable under the existing zonIng. The properly Is currently vacant and most probably could be developed; however, with annexation Into the aty, the Palm Beach County zoning must be changed to a CIty of Boynton Beach zoning dlsbict. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning dlsbict, and the portion of the property fronting on Federal Highway could be developed under C-3 Commercial zoning. The remaining portion of the properly, currently zoned MR5, could also be redeveloped as single-family residential. This would forego the opportunity to have the properly redeveloped under a unified development plan. g. Whether the proposed rezoning Is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance corridor to the my and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere In the dty for the proposed use, In districts where such use Is already allowed. In accordance with the definition of the Special High Density Resldent/alland use designation In Policy 1.16.1 of the Future Land Use 8ement, residential densities of 20 du,lac are pennltted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the dty where residential development could occur at a densfty of 10.8 du,lac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. .-.-,-.---- -~~-. --.. ---~..._------~~,-~.--<--=,~--------_....,_...~~- < ~~_.._.__~____.-~_-.__ -I' Page 8 File Number: ANEX 04-002 & LUAR 04-002 Waterside MASTER/SITE PLAN ANALYSIS The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas I and V. (The site for Waterside is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the IPUD disbict will develop to standards that exceed the Oty's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliqués columns and balconies; all are representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 dulac, and the applicant proposes a density of 15.5 du/ac. A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal Waterway. The proposed three-story recreation building would include a pool area, and a clubhouse of approximately 5,000 sq. ft. that includes a third floor gym and clubroom and a second floor ballroom elevated over a first floor covered breezeway, which allows ground-level views of the Intracoastal Waterway. The IPUD zoning disbict has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the IPUD zoning district. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan. The additional impacts on infrastructure and services resulting from this project are to be expected with redevelopment and revitalization activities. The proposed project will be compatible with adjacent land uses and will conbibute to the overall economic development of the my. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board recommends or the Oty Commission requires conditions, they will be included within Exhibit "B". AlTACHMENTS S:\Plannlng\5HARED\WP\PROJECTS\Southem "- 01...... .....\Watenlde\LUAR 04-002\STAFF REPORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A LEGEND N , . . W+B tot .. ... - ..... City Boundary Future Land Uses: 8 LRC . Local Retail Commercial . _.'<;.-o..c_~..........___~.~ >---.>-~_....---,,~--- -~ <~'--~."---"'-->'-~- !- ..-___~__r_<......________...___- ". -·"'4- ... ,_.~-.-___ XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City C]erk's Office [8J August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) Septcrnber20, 2004 o August 17, 2004 (Noon) August 2,2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October ]8,2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 n C') n=i 0 Administrative 0 Development Plans - ==1-< L- NATURE OF 0 Consent Agenda 0 New Business ,- -(0 r= C)-r¡ AGENDA ITEM 0 Public Hearing [8J Legal N ;-co - C10 0 0 Unímished Business --,)-/ Bids ::ç~ -0 ..-- 0 0 Presentation - (J) -i Announcement ---~ "-" 0 ..c- ~ :z:: 0 '1 City Manager's Report .. '1 C!:J W - ,.., I..D ~> \") :x RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this request under Legal, Ordinance - First Reading on July 20,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-145. EXPLANATION: PROJECT: Waterside (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to amend the Comprehensive Plan Future Use Map from Connnercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature ~ Planning and Zoning Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southem Ho es of Palm Beach\Waterside\LUAR 04-002\Agenda Item Request Waterside LUAR 04-002 amend 2nd reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r I I i 1 ORDINANCE NO. 04- oSlo 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 7.29 ACRES 6 AND LOCATED ON THE EAST SIDE OF FEDERAL 7 HIGHWAY, NORTH OF CHUKKER ROAD; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE 10 COMPREHENSIVE PLAN OF THE CITY FOR THE 11 PROPERTY MORE P ARTICULARL Y DESCRIBED 12 HEREIN; THE LAND USE DESIGNATION IS BEING 13 CHANGED FROMCH-5 AND MR-5 (PALM BEACH 14 COUNTY) TO SPECIAL HIGH DENSITY 15 RESIDENTIAL; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 25 WHEREAS, after public hearing and study, the City Commission deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 S~\CA\Ordinances\P1anning\Land Use\Waterside Land Use. doc . - ~ ....._,. .¿o. -'.' --~ ~+ _ ~ ,~_. ---'" ......,,_~_.-,.,.~__""'~o......._~_..___~..___...,........._.. ._ -.~ -0· -.,__ .__~,,_>_.~_..__. - . ,> -- 1 incorporated herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land shaH be designated as 5 Special High Density Residential (SHDR). Said land is more particularly described as 6 follows: 7 A PARCEL OF LAND IN SECTION 4, TOWNSlllP 46 SOUTH, RANGE 43 8 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 9 DESCRIBED AS FOLLOWS: 10 COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS 11 ESTATES FIRST ADDmON" ACCORDING TO THE PLAT THEREOF AS 12 RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBUC RECORDS OF 13 PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE 14 WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL W ATERW A Y; 15 THENCE NORTH 05°26'06" EAST ON SAID WESTERLY RIGHT -OF- WAY 16 LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 17 89°18'46" WEST 385.00 FEET; THENCE NORTH 05°26'06" EAST 4.08 18 FEET; THENCE SOUTH 89°18'46" WEST 35.00 FEET; THENCE SOUTH 19 05°26'06" WEST 174.98 FEET; THENCE SOUTH 89°18'46" WEST 236.14 20 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE 21 SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, 22 WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34°34'00" 23 AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE 24 CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE 25 SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 26 82.59 FEET AND A CENTRAL ANGLE OF 34°34'00" AN ARC DISTANCE 27 OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°18'46" 28 WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY 29 RIGHT -OF- WAY OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5), SAID 30 INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE 31 WEST, THE RADIUS POINT OF WHICH BEARS NORTH 73°25'48" WEST; 32 THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF- WAY AND ON THE 33 ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A 34 CENTRAL ANGLE OF 02°23'09" AN ARC DISTANCE OF 479.27 FEET; 35 THENCE NORTH 89°14'41" EAST 245.48 FEET; THENCE NORTH 36 05°26'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE 37 PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF 38 S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc . . 1 i! SAID SECTION 4; THENCE NORTH 89°18'46" EAST ON SAID PARALLEL 2 UNE 274.00 FEET; THENCE SOUTH 06°36'55" WEST 40.21 FEET TO 3 THE INTERSECTION WITH A LINE PARAlLEL WITH AND 618.85 FEET 4 SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 5 89°18'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO THE 6 INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY 7 UNE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 05°26'06" 8 WEST ON SAID WESTERLY RIGHT -OF- WAY UNE 315.29 FEET TO THE 9 POINT OF BEGINNING. 10 11 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRA Y 12 BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676 13 SQUARE FEET, 7.2928 ACRES. 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. I 19 Section 5: Should any section or provision of this Ordinance or any portion thereof 20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 21 the remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Planning and Land Development Regulation Act. No party shall be vested of any right by 25 virtue of the adoption of this Ordinance until all statutory required review is complete and 26 all legal challenges, including appeals, are exhausted. In the event that the effective date is 27 established by state law or special act, the provisions of state act shall control. 28 FIRST READING this ~O day of Jo.ty ,2004. 29 S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc ~,---- - i -1 ~~<..-" -. ~--~__=o;""-.'''>ñ<'¡-,,,,"_'''__'''>_~__ ~,..~_ __".~~,.".._____._...~. ~ - -, . --"~---~''''''''''''~~--'~----'-- . ~-;. - 1 SECOND, FINAL READING and PASSAGE this day of , 2 2004. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 S:\CA\Ordinances\P1anning\Land Use\Waterside Land Use.doc , DEVELOPMENT DEPARTMENT PLANNING" ZONING DMSION MEMORANDUM NO. PZ 04-145 TO: Chair and Members Community Redevelopment Agency Board Mayor and City Commission FROM: Dick Hudson, AICP ~ Senior Planner ~ , THROUGH: ~ Michael W. Rumpf Director of Planning and Zoning DATE: June 28, 2004 PROJECT NAME/NUMBER: Watersidel ANEX 04-002 & LUAR 04-002 REQUEST: To annex the property, amend the Future Land Use Designation from CHIS and MR-S (Palm Beach County) to Specfal High Density Residential (20 du/ac) and rezone from GC General Commercial and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Southern Homes of Palm Beach, LLC Applicant! Agent: Southern Homes of Palm Beach, LLC/Carlos Ballbé-Keith & Ballbé Location: East side of Federal Highway north of Chukker Road (Exhibit "A'') Parcel Size: 7.29 acres Existing Land Use: CHIS (Commercial High with an underlying S dwelling units per acre [du/ac» and MR-S (Medium Residential at S du/ac) - Palm Beach County designations Existing Zoning: Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Proposed Land Use: Special High Density Residential (SHDR) at 20 du/ac Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: I 113 unit townhouse community , ~___~~__~'~__~""'A-"'-_"'___'_"'''''__._'~__~ .__'c...___-<~--,--_·-~ " -- - ----~-~_.~~--',,---- Page 2 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside Adjacent Uses: North : Commercial use to a depth of 150 feet east of Federal Highway with CHIS land use and CG zoning then single-family residential development designated MR-5 and zoned MR, all located In unincorporated Palm Beach County South: Right-of-way of Chukker Road, then vacant property along Federal Highway with CHIS land use and CG zoning to a depth of 150 feet, and farther east, single family residential development designated MR-5 and zoned MR all located In unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located In unincorporated Palm Beach County designated CHIS and zoned CG and property In the Oty of Boynton Beach designated SpecIal High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant polides in the Comprehensive Plan, and the adopted Federal Highway Conidor Community Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project Is developed In the IPUD zoning district. 4. There Is a long-standing lack of demand for retail commercial land In the vldnlty and a high proven demand for residential land use In the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted In 1989, the Oty induded poliåes dealing with the future annexation of properties adjacent to Its boundaries. One of the Clty's policies Is to reduce existing endaves through voluntary annexation. Palm Beach County has been generally supportive of this polfc.y, since providing services to these endaves Is difflwlt for the County, ånd In fact, they rely on the Oty, through Interlocal agreements, to provide many of the selVlces. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, Induding the subject parcels, would eventually be annexed · Page 3 File Number: ANEX 04-002 & LUAR 04-002 Waterside Into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use In this area would be new car dealerships. Over the past several years, the CIty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the Cty's Comprehensive Plan through the establishment of the Special High Density Residential dassiflcation, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Cub) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commerdal uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated Into nodes located at major Intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs dassifies this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Rorida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land Development Regulations, Chapter 2, Section 9, AdmInistration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These criteria are required to be part of a staff analysis when the proposed change Indudes an amendment to the Comprehensive Plan Future land Use Map. 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 land use amendments and rezonlngs are to be reviewed as Indicated In Section 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezonIng would be consistent with applicable comprehènslve plan polides Indudlng but not limited to, a prohIbition against any inaease in dwelling unit density exceeding 50 In the hunicane evaaJation zone without fonnulatlon of an emergency hunfcane preparedness plan. The planning department shall also recommend limitations or requirements, whIch would have to be imposed .' ~""_.--.-...,..........-...=--,,......"'------~--"-";"- -,--.. --._~...~~~-,~ --- --- - ~,-~-> ~_. - I~ ~~._._.~-_..._,.-----~----.-< Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, In order to comply with pol/des contaIned In the comprehensive plan. OVer the past several years, the aty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlltated by the aty's Comprehensive Plan through the establishment of the Special High Density Residential classification, Intended to support redevelopment in the coastal area. Land use amendments and rezonlngs, which change designations from commercial use to residential use are particularly consistent with two polides in the Comprehensive Plan: "Policy 1.17.1 The Oty shall continue to discourage additional commercial and industrial uses beyond those which are CUtrently shown on the FuåJre Land Use Map, except where access is greatest and impacts on residential land uses are least"; and ''Policy 1.19.7 The Oty shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not Increase, particularly in the Coastal Area. ß The subject property Is located in Planning Area V (Entrances to the aty) in the Federal Highwav Conidor Community Redevelooment Plan. which was adopted by the Oty on May 16, 2001. The plan's recommendations for this planning area indude the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing stytes and types at Intensities that will assist In supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the dty entrance communities that establish a logical transition to the gateway communities. Building sœle, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commerdal nodes In the corridor. In addition, It Is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constiålte a grant of special privilege to an Individual property owner as contrasted with the protecUon of the public welfare. The changing development pattern In the Federal Highway corridor has seen an Increase in the number of residential devefopments with densities greater than 10.8 du/ac. This type of Page 5 File Number: ANEX 04-002 & LUAR 04-002 Waterside development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift In the development pattern has served to replace marginal and sub-standard commerdal uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the aty's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to Increase the range of housing opportunities available In the redevelopment area. At the same time, they will Increase allowed residential density adjacent to existing single-family homes. c. Whether changed or changing conditions make the proposed rezonIng desirable. The request for conversion of parcels designated for commerdal uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor In the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with uülily systems, roadways, and other public fadlitles. Trip generation analyses for the property were prepared by the applicanrs traffic consultant, utilizing two scenarios; the first If the property Is redeveloped under current land use and zoning, the second if the property Is developed under the requested land use and zoning. Under the first scenario, the dally trips generated total 4,346 with a PM peak hour total of 399 trips. Under the second scenario daily trips would total 723 or 3,623 fewer trips and 332 fewer PM peak hour trips. According to link analysis, preformed by KImley-Hom and Assoåates during Ule TCEA application process, the Federal Highway roadway from 23rd Avenue to George Bush Boulevard has a dally capacity of 29,300 trips at LOS "D", with Average Annual Dally Trips (AADl) for the year 2003 at 22,772 trips. Estimates, based on the Oty's adopted Levels of Service, Indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. The City of Boynton Beach Is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing Interconnection points, to supplement Its current capacity. This purchase agreement will be In effect within a few months and will provide suffident capacity to serve this project. Suffident wastewater capadty is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. According to a review by Are-Rescue personnel, to meet the Increased demand, additional resources are required such as personnel, apparatus, and equipment. It Is Imperative that Are Station #4 be completed and In service by the time these new projects are completed and -'--- --~ -. _ _.~____.~.,~_._"A-'-'__,",_-"-~_<~","_ =~~-_________......_~-.,., .<_____-_~____'>__"""'"",."_-_~._~_> <1"--- -------~- Page 6 Rle Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Rre Station #5 be expedited to Insure adequate selVÏce delivery levels and effective response times In the northeast section of the City and as a back-up In the northwest quadrant and in the downtown corridor of the Oty. Station # 4 Is scheduled for completion in 2005; however, Station #5 Is in the early planning stages and no completion date has been scheduled. It Is important that Station #1, as currently located, remains In operation as the first response station for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This Is becoming more prevalent In many areas of the city. Every added new commercial and multi-family structure Increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added In the past several years, inspection staff has deaeased. This situation has reached a point that may soon require changes In our Inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant fires In these occupancies for several years. New development projects InvoMng multi-family or hlgh-density commercial projects should be approved contingent upon consideration of future upgrades In emergency dispatch capability. These enhancements indude new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Deparb'nent personnel strongly advise that the deparb'nent is undennanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless Immediately able to compensate for the shortfall In personnel. last year the Police Department handled 72,005 calls for service, compared to 61,833 calls In 2000. This is a 14% inaease in an already Impressive call volume for a city of a little over 60,000. It should also be noted that the deparbnent has also Inaeased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force. n With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school conCurrency. The concurrency detennlnatlon is valid for one year from March 24, 2004, the date of issuance. The School Dlsbict estimates that the project will generate 9 elementary school students, 5 middle school students and 7 high school students. Currently, Roiling Green Page 7 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside Elementary School Is at 97% capacity, Odyssey Middle School is at 84% capacity and Boynton Beach High School is at 102% capacity. Lastly, drainage Is being reviewed In detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to Increase the value of these properties. Although pockets of single-family homes will remain In the Immediate area, the quality of the proposed project willlnaease the values of the subject and nearby properties. Further, despite the immediate contrast between dwelling units and density, this contrast Is characteristic of the entire waterfront corridor. f. Whether the property is physically and economically developable under the ex/süng zoning. The property is currently vacant and most probably could be developed¡ however, with annexation Into the aty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning district. C-3 Community Commercial would most neariy correspond with Palm Beach County's Commercial General zoning disbict, and the portion of the property fronting on Fed~ral Highway could be developed under C-3 Commercial zoning. The remaining portion of the property, currently zoned MRS, could also be redeveloped as single-family residential. This would forego the opportunity to have the property redeveloped under a unified development plan. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the Oty and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the dty for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density Residential land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere In the city where residential development could ocwr at a density of 10.8 du/ac¡ however, those sites do not offer the opportunity for redevelopment and Inflll development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. ... ... - ...~~---~ - "-~~-'---~- -,--,-,,-~,----,~--,"-_.,,"----~._..- ,- .,-~_.......................",-~-'. Page 8 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside MASTER/SITE PLAN ANALYSIS The IPUD regulations are Intended to be used In situations where new development or redevelopment Is proposed within an already developed area or neighborhood located In the "Federal HIghway Conidor Community Redevelopment Plan"Study Areas I and V. (The site for Waterside Is In Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic Intent of the Zoning Code and the Comprehensive Plan will· be followed. It Is a basic expectation that anyone requesting the use of the IPUD district will develop to standards that exceed the Oty's basic development standards In terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this Instance, an application for site plan approval has been submitted and Is being reviewed concurrent with this request. The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliqués columns and balconies; all are representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 dulac, and the applicant proposes a density of 15.5 du/ac. A. recreation area of approximately 0.85 acre will be located fronting on the Intracoastal Waterway. The proposed three-story recreation building would include a pool area, and a dubhouse of approximately 5,000 sq. ft. that indudes a third floor gym and dubroom and a second floor ballroom elevated over a first floor covered breezeway, whIch allows ground-level views of the Intracoastal Waterway. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged In such a way that they would exceed the basic development standards. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the IPUD zoning district. CONCLUSIONS/RECOMMENDATIONS As Indicated hereIn, thIs request Is consistent with the Intent of the Comprehensive Plan. The additional Impacts on Infrastructure and services resulting from this project are to be expected with redevelopment and revitalization activities. The proposed project will be compatible with adjacent land uses and will conbibute to the overall economic development of the aty. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board recommends or the aty Commission requires conditions, they will be Induded within Exhibit "B". ATTACHMENlS s:\........Ing\5IWtED\WP\PROJECJS\SoutIIem IIomM oI....m IIeM:h\WñenIde\WAR O4-CIOZ\srAff REPORT NEW.doc: WATERSIDE: LOCATION MAP EXHIBIT A . N LEGEND . .. . 100 110 aJO W+B - .. .., City Boundary Future Land Uses: s LRC - Local Retail Commercial . .-- -----'-'~-----..'''''".._~;.._~........_-~~--,---~/>. . - .~._-_______ ___~~~"'_~~v ..___~;._'_<____ _~~_...~._.._._...~_=__~_....'_. _ ~ --'~-""'--"-->--«'-~--'---> XII. - LEGAL ITEM A.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office k8J August 3, 2004 (Noon.) July] 9, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October] 9, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August] 6, 2004 o November 3, 2004 (Noon) October ]8, 2004 o September 2] , 2004 t1'00n)Sepœmber7,2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans n 0 n:::¡ 0 0 .;:- ::¡-< NATURE OF Consent Agenda New Business C- AGENDA ITEM c: --<0 0 Public Hearing [8J Legal 1- 0-" 0 0 N 10) Bids UnfInished Business - ::20 :::~-:-< 0 AnnOWlcement 0 Presentation " -::z C,, -i 0 :::¡¡: C) City Manager's Report ..c- ~z .. -"ro .c- - rt1 _ CJ):> RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda Wlder Le~£ Ordinance - Second Reading. The City Commission with a Wlanimous vote, approved this request under Legal, Ordinance - First Reading on July 20,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-145. EXPLANATION: PROJECT: Waterside (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Road and Chukker Road DESCRIPTION: Request to rezone from General Connnercial (Palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple townhomes and related site improvements. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~. Deve City Manager's Signature Planning and Zoning ctor City Attorney I Finance I Hwnan Resources S:\Planning\SHARED\ WP\PROJECTS\S em Homes ofPa]m Beach\Waterside\LUAR 04-o02\Agenda Item Request Waterside LUAR 04-002 rezone 2nd reading 8-3-04.doc S:\BULLETlN'FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04-051 3 AN ORDINANCE OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, 5 REGARDING THE APPLICATION OF 6 SOUTHERN HOMES OF PALM BEACH, 7 LLC, AMENDING ORDINANCE 02-013 OF 8 SAID CITY BY REZONING A PARCEL OF 9 LAND MORE P ARTICULARL Y 10 DESCRIBED HEREIN, FROM GC- 11 GENERAL COMMERCIAL AND MULTI- 12 FAMILY RESIDENTIAL (PALM BEACH 13 COUNTY) TO INFILL PLANNED UNIT 14 DEVELOPMENT (IPOO); PROVIDING FOR 15 CONFLICTS, SEVERABILITY AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 20 ity; and r i 21 WHEREAS, Southern Homes of PaJm Beach, LLC, owner of the property , 22 ore particularly described hereinafter, has heretofore filed a Petition, through its I ; I 23 gent, Carols J. BaJlbe/Keith & BaJlbe, Incorporated, pursuant to Section 9 of , 24 ppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for , ! i i 25 e purpose of rezoning a tract of land consisting of approximately 7.39 acres, said , I i 26 nd being more particularly described hereinafter, from GC General Commercial I ! 27 nd Multi-family Residential (Palm Beach County) to Infill Planned Unit 28 evelopment(IPUD);and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 stimony and received evidence which the Commission finds supports a rezoning for I :\CA \Ordinances\Planning\Rezoning\Rezoning - Oceanside. doc '---~-""~~-"""""'------ -. --- --""-----~- _~_ _~_"__~..""~.--.._...-.."""""__..... ~__ o~_'_'_.o_.....___~~~___~.· ____""=<~~-.___~_~_._____ I, 1 he property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is 3 with an amendment to the Land Use which was contemporaneously 4 onsidered and approved at the public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the 6 nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 et forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Secti on 1. The foregoing Whereas clauses are true and correct and 11 ncorporated herein by this reference. 12 The following described land, located in the City of Boynton Beach, 13 lorida as set forth as follows: 14 15 PARCEL OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 16 ST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 17 ESCRIBED AS FOLLOWS: 18 OMMENCE AT THE NORTHEAST CORNER OF LOT 48, _ TRADE WINDS 19 STATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS 20 ECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC RECORDS OF 21 ALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE 22 ESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; 23 HENCE NORTH 05°26'06- EAST ON SAID WESTERLY RIGHT-OF-WAY 24 INE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 25 9°18'46" WEST 385.00 FEET; THENCE NORTH 05°26'06" EAST 4.08 26 EET; THENCE SOUTH 89°18'46" WEST 35.00 FEET; THENCE SOUTH 27 5°26'06" WEST 174.98 FEET; THENCE SOUTH 89°18'46" WEST 236.14 28 EET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE 29 OUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, 30 ITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34°34'00" 31 ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE 32 URVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE 33 OUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 34 2.59 FEET AND A CENTRAL ANGLE OF 34°34'00" AN ARC DISTANCE 35 F 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°18'46" 36 ST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY 37 IGHT-OF-WAY OF U.S. HIGHWAY NO. 1 (STATE ROAD NO.5), SAID 38 :\CA \Ordinances\Planning\Rezoning\Rezoning - Oceanside. doc 1 NTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE 2 EST, THE RADIUS POINT OF WHICH BEARS NORTH 73°25'48" WEST; 3 HENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE 4 RC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A 5 ENTRAL ANGLE OF 02°23'09" AN ARC DISTANCE OF 479.27 FEET; 6 HENCE NORTH 89°14'41" EAST 245.48 FEET; THENCE NORTH 7 5°26'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE 8 ARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF 9 AID SECTION 4; THENCE NORTH 89°18'46" EAST ON SAID PARALLEL 10 INE 274.00 FEET; THENCE SOUTH 06°36'55" WEST 40.21 FEET TO 11 HE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET 12 OUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 13 9°18'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO THE 14 NTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY 15 INE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 05°26'06" 16 EST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE 17 OINT OF BEGINNING. 18 19 AID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY 20 EACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676 21 QUARE FEET, 7.2928 ACRES. 22 23 and the same is hereby rezoned from GC General Commercial and Multi-family 24 esidential (Palm Beach County) to InfiII Planned Unit Development (IPUD). A location 25 ap is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. 26 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 27 cordingly. 28 Section 4: All ordinances or parts of ordinances in conflict herewith are 29 ereby repealed. 30 Section 6: Should any section or provision of this Ordinance or any portion 31 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall 32 t affect the remainder of this Ordinance. 33 Section 7. This ordinance shall become effective immediately upon passage. 34 ST READING this ~ day of J 0.11 ,2004. 35 36 :\CA \Ordinances\Planning\Rezoning\Rezoning - Oceanside. doc ------- .--_.~--------,.,.._-- ----~...-~"''-..-~-..--.,,. __~____>.__;."o_._ _'.~-_. ___~_<_,_~ __~ +~_-_.-.,.,...~_ ~ _~ .-~_ ----~---~~.~~~----~- ¿-< " SErO , FINAL READING and PASSAGE this _ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 21 ity Clerk 22 23 Corporate Seal) :\CA \Ordinances\Planning\Rezoning\Rezoning - Oceanside.doc , DEVELOPMENT DEPARTMENT PLANNING" ZONING DMSION MEMORANDUM NO. PZ 04-145 TO: Chair and Members Community Redevelopment Agency Board Mayor and City Commission FROM: Dick Hudson, AICP -W Senior Planner ~ THROUGH: ~ Michael W. Rumpf Director of Planning and Zoning DATE: June 28, 2004 PROJECf NAME/NUMBER: Waterside/ ANEX 04-002 & LUAR 04-002 REQUEST: To annex the property, amend the Future Land Use Designation from CHIS and MR-S (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commeråal and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). PROJECT DESCRIPTION Property Owner: Southern Homes of Palm Beach, LLC Applicant! Agent: Southern Homes of Palm Beach, Llc/Carlos Ballbé-Keith & Ballbé Location: East side of Federal Highway north of Chukker Road (Exhibit "A'') Parcel Size: 7.29 acres Existing Land Use: CHIS (Commercial High with an underlying S dwelling units per acre [du/ac» and MR-S (Medium Residential at 5 du/ac) - Palm Beach County designations Existing Zoning: Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Proposed Land Use: Special High Density Residential (SHDR) at 20 du/ac Proposed Zoning: IPUD Inflll Planned Unit Development Proposed Use: 113 unit townhouse community - ~--.---~-,-~-._,..~--;,~-",-.~-.---~"",-""",-_._-- .~-,"_..._-=---- ~-_. -----_._,._---~...--.- Ii' ~- - ---<~._~- Page 2 File Number: ANEX 04-002 & LUAR 04-002 Waterside Adjacent Uses: North: Commercial use to a depth of 1S0 feet east of Federal Highway with CHIS land use and CG zoning then single-family residential development designated MR-S and zoned MR, all located In unincorporated Palm Beach County South : Right-of-way of Chukker Road, then vacant property along Federal Highway with CHIS land use and CG zoning to a depth of 150 feet, and farther east, single family residential development designated MR-S and zoned MR all located In unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located In unincorporated Palm Beach County designated CHIS and zoned CG and property In the City of Boynton Beach designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development EXECunvE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the aty's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal Highway Conidor CommunIty Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project Is developed In the IPUD zoning dlsbict. 4. There Is a long-standing lack of demand for retail commerdalland In the vicinity and a high proven demand for residential land use In the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted In 1989, the Oty Included policies dealing with the future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these endaves Is difficult for the County, and In fact, they rely on the Oty, through Intertocal agreements, to provide many of the services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, Including the subject parcels, would evenbJally be annexed · Page 3 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside Into the aty and form a retall-orlented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and In effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 dulac with densities ranging from 21 dulac (Colonial Club) to 32.2 dulac (Seagate). The shift: has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable neighborhood-serving commercial uses are being concenbãted Into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The aiteria used to review Comprehensive Plan amendments and rezonings are listed In the land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These aiteria are required to be part of a staff analysis when the proposed change Includes an amendment to the Comprehensive Plan Future land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) aiteria by which land use amendments and rezonlngs are to be reviewed as Indicated In SectIon 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually in those Instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polides Indudlng but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hunicane evacuation zone without fonnulatlon of an emergency hurricane preparedness plan. 7ñe planning department shall also recommend limitations or requirements, which would have to be Imposed -,,~-, - -~.~. -~.~~< -~- --~~~ ~~_." -,,----,- -.-" . -<--~~~-"'.-.~~.. _______--+'____n"""""'---_ !i ----~~-~-.- <-- Page 4 Ale Number: ANEX 04-002 & lUAR 04-002 Waterside on subsequent development of the property, In order to comply with polldes contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadntated by the aty's Comprehensive Plan through the establishment of the Special High Density Residential dasslflcatlon, Intended to support redevelopment In the coastal area. Land use amendments and rezonlngs, which change designations from commercial use to residential use are particularly consistent with two polides in the Comprehensive Plan: "Policy 1.17.1 The Gty shall continue to discourage additional commercial and Industrial uses beyond those which are cU/Tently shown on the Future Land Use Map, except where access Is greatest and impacts on residential land uses are lea~ and "Policy 1.19.7 The Gty shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not Increase, particularfy in the Coastal Area. K The subject property is located in Planning Area V (Entrances to the aty) In the Federal Highwav Conidor Community Redevelooment Plan. which was adopted by the aty on May 16, 2001. The plan's recommendations for this planning area indude the following: "Encourage a vañety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the dty entrance communities that establish a logical transition to the gateway communities. Building S<;ale, massing and placement should be less Intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the aty.« (p. 81) In concert with the recommendations dted, the residential density of the proposed development will help to support the downtown commerdal core, as well as the recognized commercial nodes In the corridor. In addition, It Is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an Individual property owner as contrasted with the protection of the public welfare. The changing development pattern In the Federal Highway corridor has seen an increase In the number of residential developments with densities greater than 10.8 du/ac. This type of Page 5 File Number: ANEX 04-002 & LUAR 04-002 Waterside development furthers the pattern that existed In the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of Its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift In the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the Cty's tax base, supporting existing commerdal nodes and the downtown core. The requested map amendment and rezoning would serve to Increase the range of housing opportunities available In the redevelopment area. At the same time, they will Increase allowed residential density adjacent to existing single-family homes. c. Whether changed or changing conditions make the proposed rezonIng desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor In the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fadlitles. Trip generation analyses for the property were prepared by the applicant's traffic consultant, utilizing two scenarios; the first if the property Is redeveloped under current land use and zoning, the second if the property Is developed under the requested land use and zoning. Under the first scenario, the dally trips generated total 4,346 with a PM peak hour total of 399 trips. Under the second scenario dally trips would total 723 or 3,623 fewer trips and 332 fewer PM peak hour trips. According to link analysis, preformed by Klmley-Hom and Associates during the TCEA application process, the Federal Highway roadway from 23rd Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS 1\D", with Average Annual Dally Trips (MDT) for the year 2003 at 22,772 trips. EstImates, based on the City's adopted Levels of Service, Indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. The Oty of Boynton Beach Is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing Interconnection points, to supplement its current capacity. This purchase agreement will be In effect within a few months and will provide suffldent capacity to serve this project. Sufficient wastewater capacity Is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. According to a review by Are-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. It Is Imperative that Are Station #4 be completed and In service by the time these new projects are completed and ---~~----'-'-- ~_____~~..o._~_ _, __~'--~~~""'~_>-"'__~"'~__~__ ,-- -. -._-----......""'-~.¥ ~/--. . ,. _ ~,___ ___,_"__~"_,,,_,-"_,____u Page 6 Ale Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Are Station #5 be expedited to Insure adequate service delivery levels and effective response times In the northeast section of the Oty and as a back-up In the northwest quadrant and in the downtown corridor of the Oty. Station # 4 is scheduled for completion in 2005; however, Station #5 Is In the early planning stages and no completion date has been scheduled. It Is Important that Station #1, as currentiy located, remains In operation as the first response station for downtown projects such as this. This situation also Increases the potential for mass casualty events when large numbers of people occupy confined areas. This Is becoming more prevalent in many areas of the åty. Every added new commercial and multi-family structure Increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added In the past several years, Inspection staff has decreased. This situation has reached a point that may soon require changes In our Inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant fires In these occupancies for several years. New development projects InvoMng multi-family or hlgh-denslty commercial projects should be approved contingent upon consideration of future upgrades In emergency dispatch capability. These enhancements include new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless Immediately able to compensate for the shortfall In personnel. last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already Impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munidpalities throughout the 1O-year planning period. The School District of Palm Beach County has reviewed the application and has Issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination Is valid for one year from March 24, 2004, the date of issuance. The School District estimates that the project will generate 9 elementary schooi students, 5 middle school students and 7 high school students. CUrrently, Rolling Green Page 7 Rle Number: ANEX 04-002 & LUAR 04-002 Waterside Elementary School Is at 97% capacity, Odyssey Middle School Is at 84% capacity and Boynton Beach High School is at 102% capacity. Lastly, drainage is being reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage pennitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only seNe to increase the value of these properties. Although pockets of single-family homes will remain In the immediate area, the quality of the proposed project willlnaease the values of the subject and nearby properties. Further, despite the Immediate contrast between dwelling units and density, this contrast Is characteristic of the entire waterfront corridor. f. Whether the property is physically and economically developable under the existing zonIng. The property is currently vacant and most probably could be developed; however, with annexation into the Oty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning disbict. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning disbict, and the portion of the property fronting on Fed~ral Highway could be developed under C-3 Commercial zoning. The remaining portion of the property, currently zoned MRS, could also be redeveloped as single-family residential. This would forego the opportunity to have the property redeveloped under a unified development plan. g. Whether the proposed rezonIng is of a scale which is reasonably related to the needs of the neighborhood and the dty as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the Cty and will also support the current b"end toward greater residential uses In this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the dty for the proposed use, In districts where such use is already allowed. In accordance with the definition of the Specla/ High Density Resident/a/land use deslgnation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are pennltted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites efsewhere In the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill devefopment that this location affords. Nor would development of those available sites seNe to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. --.- -",---- - ----.-------,~~--~--~ .~~ .~._.__n_"'.____.___.~____ ~I' Page 8 Rle Number: ANEX 04-002 & LUAR 04-002 Waterside MASTER/SITE PLAN ANALYSIS The IPUD regulations are Intended to be used In situations where new development or redevelopment Is proposed within an already developed area or neighborhood located In the "Federal Highway Corridor Community Redevelopment Plan"Study Areas I and V. (The site for Waterside Is In Area V.) A mixture of uses, Induding residential, retail commerdal and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It Is a basic expectation that anyone requesting the use of the IPUD dlsbict will develop to standards that exceed the Oty's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this Instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows 113 fee-slmple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, 5-tile roofs and decorative moldings, appliqués columns and balconies; all are representative of a relatively high quality architectural design and materials The maximum density allowed by the Speåal High Density Residential land use dassification is 20 dulac, and the applicant proposes a density of 15.5 du/ac. A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal Waterway. The proposed three-story reaeation building would ind~de a pool area, and a dubhouse of approximately 5,000 sq. ft. that Includes a third floor gym and dubroom and a second floor ballroom· elevated over a first floor covered breezeway, which allows ground-level views of the Intracoastal Waterway. The IPUD zoning disbict has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the IPUD zoning district. CONCLUSIONS/RECOMMENDATIONS As Indicated herein, this request is consistent with the Intent of the Comprehensive Plan. The additional Impacts on Infrasbucture and services resulting from this project are to be expected with redevelopment and revitalization activities. The proposed project 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 recommends or the CIty Commission requires conditions, they will be induded within exhibit "B". ATTACHMENTS S:\PllnnIng\SIIARED\WP\PROJECr5\SoutIIenI HonIeI of him -.m\W.......\LUAR 04-002\5rAFF REJIORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A N LEGEND . . . "'" .. ... W+E - II II. City Boundary Future Land Uses: s LRC - Local Retail Commercial . ~ ~"",--....---.-"-- --~- .~ '.' -~-"---"~"--'--'~~ -~"---->""""-~~,~-- ---.-"" '-~""----'~- ." -.. --"",- -.-_..~--,-=~----~.",-..-,- XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.6 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 D September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 ("") C') n=i 0 0 <- ::¡-< Administrative Development Plans c:: -<0 0 D r- C)""T1 NATURE OF Consent Agenda New Business N :-QJ AGENDA ITEM 0 [8J - r"l C) Public Hearing Legal ::7-< 0 -0 :-~ ::z: 0 Bids UnfInished Business ::R: <./) --i 0° 0 Announcement 0 Presentation .r::- -r-¡::Z: .. -.,m 0 City Manager's Report .r::- -rr¡ 0 (J~ í11("") ::z: RECOMMENDATION: Please place this request on the August 3, 2004 City Conunission Agenda under Legal, Ordinance - Second Reading. The City Conunission with a unanimous vote, approved this request under First Reading on July 20, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-149. EXPLANATION: PROJECT: The Promenade (REZN 04-002) AGENT: Weiner & Aronson, P .A. OWNER: Boynton Beach Waterways Investment Associates, LLC LOCATION: Northeast comer of North Federal Highway and Boynton Beach Boulevard DESCRIPTION: Request to rezone from Central Business District (CBD) to Mixed Use High Intensity (MU-H) in connection with the request to build a mixed use development consisting of retail, office and restaurant space and hotel and condominium units on 3.97 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ~--- . Deve City Manager's Signature µ¿ Planning and Zoning ctor City Attorney / Finance / Human Resources S :\Planning\SHARED\ WP\PROJECTS\Pro ade\REZN\Agenda Item Request The Promenade REZN 04-002 2nd reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- obO 3 AN ORDINANCE OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, 5 REGARDING THE APPUCA nON OF 6 BOYNTON BEACH WATERWAYS 7 INVESTMENT ASSOCIATES, LLC, 8 AMENDING ORDINANCE 02-013 OF 9 SAID CITY BY REZONING A PARCEL OF 10 LAND FROM CBD CENTRAL BUSINESS 11 DISTRICT TO MU-H MIXED USE-HIGH 12 INTENSITY; PROVIDING FOR 13 CONFLICTS, SEVERABILITY AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 18 said City; and 19 WHEREAS, Boynton Beach Waterways Investment Associates, LLC, 20 owner of the property more particularly described hereinafter, has heretofore filed a 21 Petition, through its agent, Weiner & Aronson, P.A., pursuant to Section 9 of 22 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 23 for the purpose of rezoning a tract of land consisting of approximately 3.96 acres, 24 said land being more particularly described hereinafter, from CBD Central Business 25 District to MU-H Mixed Use-High Intensity; and 26 WHEREAS, the City Commission conducted a public hearing and heard 27 testimony and received evidence which the Commission finds supports a rezoning 28 for the property hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is S:\CA \Ordinances\Planning\Rezoning\Promenade Rezoning.doc __A~_'<"""'-._~~'--"-~<~""'-"''''~'''~_''''_ . ___~____'-___""'-"__'~_ .~_.~"".~__~_> _~__<:___-"""."""""'""""_~'"__'"""-"~__"""'''____'_ _ <_ J ~~-"'-<~~--'-" 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the pubhc hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section l. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The folJowing described land, located in the City of Boynton 11 Beach, Florida as set forth as foHows: 12 13 A parcel of land being a portion of Lots 24 and 25 of DEWEY'S SUBDIVISION, City 14 of Boynton Beach, recorded in Plat Book 1, Page 37, Public Records of Palm Beach 15 County, Florida, said land being more particularly described as fo1Jows: 16 17 Commencing at the Southeast comer of Lot 25, of the above mentioned Plat Deweys 18 Subdivision; thence with a bearing of North 01 °08'50" West, along the East line of Lot 19 25, a distance of 45.01 feet to the North right-of-way line of Boynton Beach Blvd., and 20 the Point of Beginning; thence with a bearing of North 89°50' 17" West, along the North 21 right-of-way line of Boynton Beach Blvd., said line lying 45.00 feet North of the South 22 hne of Lot 25, a distance of 291.15 feet to a point; thence with a bearing of North 23 00°59'45" West, along the East right-of-way line of Federal Highway, a distance of 24 596.97 feet to a point on the North line of Lot 24; thence with a bearing of South 25 89°46'04" East, along the North line of Lot 24; a distance of 281.58 feet to a point; 26 thence with a bearing of South 01 °08'50" East, along a line 8.00 feet West of the East 27 line of Lot 24, 98.03 feet to a point; thence South 89°45'04" East, a distance of 8.00 feet 28 to a point on the West line of Lot 24; thence with a bearing of South 01°08'50" East, 29 along the East line of Lots 24 and 25, a distance of 498.62 feet to the Point of 30 Beginning. 31 32 and the same is hereby rezoned from CBD Central Business District to MU-H Mixed 33 se-High Intensity. A location map is attached hereto as Exhibit "A" and made a part of S:\CA \Ordinances\Planning\Rezoning\Promenade Rezoning.doc 1 this Ordinance by reference. 2 Section 3. That the aforesaid Revised Zoning Map of the City shaU be amended 3 accordingly. 4 Section 4. All ordinances or parts of ordinances in conflict herewith are 5 hereby repealed. 6 Section 5. Should any section or provision of this Ordinance or any portion 7 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 8 ot affect the remainder of this Ordinance. 9 Section 6. This ordinance shan become effective immediately upon passage. 10 FIRST READING this ~ day of J ll.1 'f ,2004. 11 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 Commissioner 28 ATTEST: 29 30 31 City Clerk 32 33 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Promenade Rezoning.doc <._~...~ _.n ~~...-____,.....--, <._..--.~--_....- ~.~._~_.._F""",--"___:;"~,_~ _.-,,.,,,,___~..~"_,,,~_._,._,.,,,,..~,,, _,~ ./--_ -.-.--- ,--------~-<""""'-'--'._-< " r PROMENADE LOCATION MAP . , CBD HE 4TH AVE C-4 'CBD CS CSD BOYNTON BEACH BLVD ; ÇBD ,.. ., CSD CBD z MX-H· . N 55/3 F w*.. s o 50 100 200 300 . 40~êet - - DEVELOPMENT DEPARTMENT PLANNING II. ZONING DMSION MEMORANDUM NO. PZ 04-149 TO: Chair and Members Community Redevelopment Agency Board and City 7 FROM: Dick Hudso CP Senior Planner THROUGH: 't--'t'~ Michael W. Rumpf Director of Planning and Zoning DATE: June 22, 2004 PROJECT NAME/NUMBER: Promenade REZN 04-002 REQUEST: Rezone the property from CBD Central Business District to MU-H Mixed Use-High Intensity PROJECT DESCRIPTION Property Owner/Applicant: Boynton Beach Waterways Investment Associates, LLC Agent: Weiner & Aronson, P. A. Location: Northeast comer of the intersection of Boynton Beach Boulevard and Federal Highway (Exhibit "A'') Parcel Size: 3.96 acres Existing Land Use: Mixed Use Core (MX-C) Existing Zoning: CBD Central Business District Proposed Land Use: Mixed Use Core (MX-C) Proposed Zoning: MU-H Mixed Use-High Intensity Proposed Use: Mixed use development containing residential, commercial and hotel uses Adjacent Uses: North : Right-of-way of NE 4th Avenue then developed property designated Mixed Use (MX) and zoned CBD Central Business ~ District _~_",,__-=-_~~ ~',_""""",,,_> ,.._~_,........__"""" ~_h__ ~,,___-." ~____ --,- -- - ",..~_. , . -~~.......=>,.- ----,~-_...þo. _-'-'"",L""""_~_,,,,._-_,___ Page 2 Rle Number: REZN 04-002 Promenade South: Right-of-way of Boynton Beach Boulevard then vacant property designated Mixed Use Core (MXC) and zoned CBD Central Business District East: City-owned property (Mangrove Walk at the Marina) utilized for stormwater control designated Mixed Use Core (MXC), a portion with a Conservation overlay, and zoned CBD Central Business District West: Right-of-way of Federal Highway then developed commercial properties designated Mixed Use (MX) and zoned CBD Central Business District EXECU'nVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested zoning category is consistent with the adopted land use and with the directions for the City's downtown area; 2. The rezoning will enable the redevelopment of the property consistent with adopted redevelopment plans for the Federal Highway corridor; and 3. The resulting project will serve to provide an economic contribution to both the neighborhood and the City. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. In addition, the request for rezoning to a mixed use district requires concurrent approval of the site plan for the project. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning DMsion and the Citýs risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.16.1 provides definitions for all land use categories. Portions of the section dealing with the Mixed Use-Core category include the following: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption Page 3 File Number: REZN 04-002 Promenade of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. . . . "A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use-Core (MX-C) land use category. For the Mixed Use-Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. "All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." Policy 1.22.4 of the Land Use Element reads: "In the City's downtown areas the following standards are to be emphasized: 1. Mixed-use buildings are appropriate; 2. Height of buildings to be consistent with the City of Boynton Beach Vision 20/20 Redevelopment Plan; 3. Density should be higher at the center and radiate out into edges with lower density; 4. Streets should be pedestrian-friendly and safe, npt totally designed for the automobile. " The rezoning is consistent with the land use designation and with the directions for the City's downtown area. In addition, three policies cited below, from the "Federal Highway Conidor Community Redevelopment Plan "are also addressed: "Policy 1.3A: Land uses within the downtown area shall be mixed uses that Include residential, destination commercial, retail and restaurants with a marine orientation." "Policy 1.3B: Permitted land uses within the downtown area shall be destination uses and not those with a vehicular orientation." "Policy 1.3C: Land development regulations for the downtown community shall discourage single user commercial uses with front field parking." b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning is consistent with redevelopment plans for the downtown area and with approved redevelopment projects in the vicinity, including the Marina Village and the Arches, and does not grant any special privilege to an Individual property owner. ~_>_"_._"",,.____~ _~_______"_"-~.J"''''''<--''-__-'-'-'~.._''''';-_~'''''''~ 'P ---""~---~ ,......~þ~~ --.- ->-. ,. - -- ---~~-------""'-------'''''''-~~-=--''''''''''---~--=-'-'.-- Page 4 File Number: REZN 04-002 Promenade c. Whether changed or changing conditions make the proposed rezoning desirable. The adoption of the ''Federal Highway Corridor Community Redevelopment PlanHin May 2001, and the resulting implementation activities gave a new direction to the redevelopment of the downtown area of Boynton Beach, which built on the redevelopment objectives established in the "20/20 Redevelopment Plan~ The requested rezoning is consistent with that direction and will be a positive contribution to the redevelopment efforts. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fadlities. Estimates based on the City's adopted Levels of Service indicate that total potable water demand for the proposed 318 condominium and 68 hotel units will be approximately 165,980 gallons per day (gpd) and sewage flow demand will be approximately 74,691 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. As of July 1, 2004, sufficient wastewater capacity is available to serve this project. The aty of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Daily trip generation comparisons prepared by the applicant's traffic consultant indicate that the current commercial development generates 4,157 total trips per day. While the proposed redevelopment is expected to generate 5,156 total trips per day, 2,226 of these are generated by residential development. Because the project is located in the Coastal Residential Exception Area of Palm Beach County, the residentially generated trips are exempt from concurrency. Therefore, the non-residential portion is projected to generate fewer trips that the existing development and meets the Traffic Performance Standards of Palm Beach County. According to a review by Fire-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. It Is Imperative that Fire Station #4 be completed and in service by the time these new projects are completed and occupied, and that Are Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the aty and as a back-up in the northwest quadrant and in the downtown corridor of the Oty. Station # 4 is scheduled for completion in 2005; however, Station #5 is in the early planning stages and no completion date has been scheduled. It is important that Station #1, as currently located, remains in operation as the first response station for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This is becoming more prevalent in many areas of the city. Every added new commercial and multi-family structure increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added in the past several years, inspection staff has decreased. This Page 5 File Number: REZN 04-002 Promenade situation has reached a point that may soon require changes in our inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant fires in these occupancies for several years. New development projects involving multi-family or high-density commercial projects should be approved contingent upon consideration of future upgrades in emergency dispatch capability. These enhancements include new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless immediately able to compensate for the shortfall in personnel. Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." Not mentioned in this review is the current plan for the CRA to fund additional staff specifically for the downtown and selected areas of the CRA. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Their concurrency determination is effective for one year from the issuance date of June 24, 2004. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rèzoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning would be compatible with the current and future use of adjacent and nearby properties and can only have a positive effect on property values in the area, so long as the site plan for the project is consistent with the development regulations of the zoning district. _._------~-- ---,-~~-~.. < --~~__~__ ----.-~,,--.----~1- ~- Page 6 File Number: REZN 04-002 Promenade f. Whether the property is physically and economically developable under the existing zoning. The property is developed and could be redeveloped under its present designation; however, redevelopment using regulations for the CBD zoning district would result in a product that would be contrary to the objectives of the ''Federal Highway Corridor Community Redevelopment Plan", be automobile oriented, unfriendly to pedestrians and probably not economically feasible in todaýs market. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is of a scale that is reasonably related to the needs of the neighborhood and the åty as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the Cty indude service demands, density, use, value and consistency with the Comprehensive Plan polides and the City's adopted redevelopment plans. Developed according to regulations for the Mixed Use-High Intensity, it will serve to provide an economic contribution to both the neighborhood and the Oty. Clearly stated, increasing dwelling units in the immediate vidnity is essential to providing a population necessary to support the desired retail and restaurants for a successful revitalization of the downtown. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The Mixed Use-High Intensity zoning district was added to the land development regulations in June 2002. To date, only two other projects have rezoned to the district. There are no other locations in the City where such use is already allowed. CONCLUSIONS I RECOMMENDAnONS As indicated herein, the requested zoning category is consistent with the adopted future land use designation. It is also consistent with polides in the Comprehensive Plan, and the directions for redevelopment of the Oty's downtown area. The additional impacts on infrastructure and services resulting from this project are to be expected with redevelopment and intensification activities, and are assumed to create issues to be resolved through service improvements as indicated herein, and creative solutions such as through joint efforts with the CRA. The proposed project will be compatible with adjacent land uses and will contribute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATrACHMENTS S:\PIëImInII\SIiAWI'\PIlOJECTS\'romena\REZH\Stillf Report.doc .. ·PROMENADE LOCATION MAP CBO NE4THAVE C-4 CBO 0 CB CBO BOYNTON BEACH BLVD i I ÇBD I I CBO CBO z MX-H en -I % n -I N W.' S 0 50 . 100 200 300 40~ - - . eet - --,---.--"'"~"-----'-<'-~-~---- 1- ,.-- - *">-->-" "-~-~"'-'--""'-~~-- - -.--~._--~ ._,....,....--"'".....""'_....~..->'_---"';..'"'--.-,.- -"- .----_.-----------~ -I' XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 6, 2004 March 15,2004 (Noon.) o June 1,2004 May 17, 2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) o June 15,2004 May 31,2004 (Noon) o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) n c:> C"'>~ .Ç""" ~-< 0 [8J ~ -<0 Administrati ve Legal c:: n-r'\ I ,--00 NA TURE OF 0 Announcement 0 New Business , "'0 AGENDA ITEM 0 N -:0-< 0 City Manager's Report Presentation ::JC% -fl ~ 0 0 :po . 0 Consent Agenda Public Hearing ::J: c::>% - ~CD 0 Code compliance/Legal Settlements 0 Unfinished Business <2 -fTl 0 0» - fTlC') :x: RECOMMENDATION: Ordinance on First Reading to provide a one-time opportunity for current members of the General Employees' Pension Plan to include prior military service as creditable service towards a member's pension by purchasing service credits for such military service served by the member EXPLANATION: Ordinance would allow General Employees to purchase prior military service at no cost to the City and no cost to the General Employees' Fund. Employees would bear full costs. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same . "ptions as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. : -: Pk Ordin7 as <ecommended by t~n Boan!. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I 1 ORDINANCE 04- 05"0 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA PROVIDING A ONE· TIl\1E OPPORTUNITY FOR 5 CURRENT l\1ElVffiERS OF THE GENERAL EMPLOYEES' 6 PENSION PLAN TO INCLUDE PRIOR MILITARY SERVICE AS 7 CREDIT ABLE SERVICE TOWARDS A l\1EMBER'S PENSION BY 8 PURCHASING SERVICE CREDITS FOR SUCH l\nLIT ARY 9 SERVICE SERVED BY THE l\1EMBER; PROVIDING 10 REGULATIONS FOR IlVlPLEMENTATION OF THIS OPTION; 11 DIRECTING THAT A CERTIFIED COpy OF THIS ORDINANCE 12 BE PROVIDED TO THE FLORIDA DIVISION OF RETIREl\1ENT; 13 PROVIDING FOR CONFLICTS; PROVIDING FOR 14 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA TE. 15 16 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 17 determined the necessity to provide for a one-time opportunity for current members of 18 the General Employees' Pension Plan ("Plan") to include prior military service, as 19 defined in §18-81 of the Plan, as creditable service towards a member's calculation of 20 pension benefits under the Plan by purchasing service credits for prior military service; 21 and 22 \YHEREAS, the Board has approved and recommended to the City 23 Commission the adoption of this modification to the Plan; and 24 \YHEREAS, it is the desire of the City Commission to modify the Plan as 25 recommended by the Board; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are hereby certified as 29 being true and correct and are incorporated herein by this reference. An exhibits 30 attached hereto are hereby incorporated herein. Page 1 of 4 JFK: 8-18-2003 r 1-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc '-<.-~----"-----.-""~-~---'~--"-' ,---..~_.~-_.-~",------- > ~->~;,-............~~_.......~-~.....-....~-"......,_.-~""".",,, _.--<--~- -'~- . -~~>~~...-.~ ~~_.~- - ~_.. -- " 1 Section 2. The City Commission of the City of Boynton Beach, Florida 2 hereby provides for a one-time opportunity for current members of the General 3 Employees' Pension Plan ("Plan") to include prior military service, as defined in §18- 4 81 of the Plan, as creditable service towards their calculation of pension benefits under 5 the Plan by purchasing service credits for prior military service. This option shall only 6 be available to those persons who are members of the Plan as of the effective date of 7 this Ordinance. S Section 3. The open enrollment period for exercising this option shall 9 commence thirty (30) business days fonowing the adoption of this Ordinance to 10 provide sufficient notice to Plan members. The open enrollment period shall remain 11 open for sixty (60) days, during which time a Member choosing to exercise this option 12 shall submit the required fonns to the Plan Administrator demonstrating their intent to 13 exercise such option. Any member failing to submit the required fonns prior to such 14 expiration date. forfeits the option to purchase prior military service as creditable 15 service in the Plan. Any future military service shall continue to be regulated by § 18- 16 81 of the Plan. 17 Section 4. It shall be the member's financial responsibility to buy back 18 such military service as credited service in the Plan pursuant to the calculations 19 provided by the Plan actuary which shall be provided to each member during the thirty 20 (30) day notice period. Credit shall be awarded only for that service bought back and 21 only upon receipt of payment. The member may make payment for such purchased 22 service credit over a five (5) year period commencing with the first' date of open Page 2 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc ¡ 1 enroHment. No member shaH receive credit for purchased service credits for which 2 payment has not been received. Any service credits for which payment has not been 3 received prior to the expiration of the five (5) year payment period shaH be forreited. 4 Section 5. AU Ordinances or parts of Ordinances, Resolutions or parts of 5 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 6 such conflict. 7 Section 6. It is hereby directed that a certified copy of this Ordinance shall 8 transmitted to the State of Florida Division of Retirement. 9 Section 7. If any clause, section, or other part or application of this 10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 11 invalid, such unconstitutional or invalid part or application shaII be considered as 12 eliminated and so not effecting the validity of the remaining portions or applications 13 remaining in full force and effect. 14 Section 8. This Ordinance shall become effective immediately upon 15 adoption. 16 THE REMAINDER OF THIS PAGE HAS BEEN 17 INTENTIONALL Y LEFT BLANK. 18 Page 3 of 4 JFK: 8-18-2003 I 1-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc _~ 0___ _~~____~____ _ ___-=-__~____,_ __0 _______,<_~~_____> _~"O_<.....O.._,,·.C~_~_-d.._"..~.;,__O<> ..-,"_ ___ -~-----~---.-,,-".....-.,-- .< ,. , 1 FIRST READING this _ day of ,2004. 2 3 SECOND, FINAL READING and PASSAGE this - day of 4 ,2004. 5 6 CITY OF BOYNTON BEACH, 7 FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 ATTEST: 18 19 Commissioner 20 21 CITY CLERK 22 Commissioner 23 (CORPORATE SEAL) Page 4 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc XII. - LEGAL ITEM B.2 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 o April 6, 2004 March 15, 2004 (Noon.) o June I, 2004 May 17, 2004 (Noon) o Apri120,2004 April 5, 2004 (Noon) o June 15,2004 May 31, 2004 (Noon) o May 4, 2004 April 19,2004 (Noon) D July 6. 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) C") 0 ("") -i .¡:- =i-< 0 Administrative [8J Legal <- -<0 c:: n" I NATURE OF 0 Announcement 0 New Business I ;00 :"1"10 AGENDA ITEM D City Manager's Report D Presentation N ê::J-< ~::;z:: 0 Consent Agenda 0 Public Hearing :Þ- u)---4 ::i: 0 ox 0 Code compliancelLegal Settlements D Unfinished Business ë5 "00 ::!f'Tl 0 Ç"')> - f"I1("") RECOMMENDATION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordinances tff amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with another governmental entity. EXPLANA TION: Ordinance would allow General Employees to purchase creditable service for prior employment with the City or with another governmental entity at no cost to the City and no cost to the General Employees' Fund. Employees would bear full costs. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same . . options as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. S: ecline t~ove the ordinance7ommended by the mpl ees' Pension Board. Department Head's Signature City Manager's Signature Pension Administration ./ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , I 1 ORDINANCE NO. 04- 05 , I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO A.MEND §18-77, 7 ENTITLED "CREDITABLE SERVICE," TO AFFORD 8 lVlEMBERS THE OPPORTUNITY TO PURCHASE 9 CREDIT ABLE SERVICE FOR PRIOR EMPLOYMENT 10 WITH THE CITY OR WITH ANOTHER 11 GOVERNMENTAL ENTITY; PROVIDING FOR 12 CODIFICATION; PROVIDING FOR CONFLICT; 13 PROVIDING FOR SEVERABILITY; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 \VHEREAS, the General Employees' Pension Plan (the "Plan") provides for the 17 calculation of each participant's Nonnal Retirement benefit based upon the creditable 18 service for which credit is allowed under the tenns of the Plan; and 19 WHEREAS, it is the desire of the General Employees' Pension Plan Board of 20 Trustees ("Board") to enable a member to purchase creditable service towards their 21 pension benefit for prior full-time employment with the City of Boynton Beach or with 22 another governmental agency; and 23 WHEREAS, the City Commission has reviewed the recommendations of the 24 Board and finds the amendments to the Plan proposed by the Board as provided herein 25 to be in the best interests of the Plan members and the City; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 1 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - buy-back of prior government service.doc . -----....-.~- -. -~ --- ----~-- . -~--,--"-"'--~_._- .' 1 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 2 true and correct and are incorporated herein by this reference. 3 Section 2. Chapter 18, Article II, Division 4, § 18-77 of the Code of 4 Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is 5 hereby amended to read as foHows: 6 § 18-77 Creditable Service. 7 8 ill Creditable service for the purpose of calculating benefits 9 for general employees shaH consist of the member's service rendered by 10 the employee since he last became a member, plus past service, rendered 11 continuously since the employee's last date of employment as defined in 12 section 18-78 to the date of his separation from service by reason of 13 death, disability, tennination of employment or retirement but not 14 beyond the employee's normal retirement date as described in section 15 18-111 if such date faHs on or after January 1, 1979, except that an 16 employee who delays retirement and who elects to continue to contribute 17 after normal retirement date as provided in section 18-95 shaH receive 18 creditable service after normal retirement date up to the date of delayed 19 retirement. 20 (b) General employee members may purchase up to five (5) 21 years prior service as a fun-time employee of the City of Bovnton Beach 22 or any other governmental agency, so long as such service is not used 23 towards creditable service for any other retirement plan, provided that 24 the member pays into the plan the fun actuarial cost of such service. as 25 computed by the Pension Fund's actuary. The member shall bear the 26 cost of such actuarial evaluation. Payments for such service may be 27 made. at the member's option. by a lump sum payment or periodic 28 payments bearing interest at the plan's actuariany assumed rate of return 29 made according to a five (5) year maximum installment {>ayment 30 schedule, or a combination of the foregoing. Credit shall be awarded 31 only for that service purchased and only upon receipt of payment. While 32 prior service credit may be purchased at any time upon becoming a 33 member in the plan, credit for purchased service shall only be awarded 34 after the member has completed five (5) years of service with the City. CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - buy-back of prior government service.doc I If the member separates from service with the City prior to completing 2 five (5) years of service, an monies paid towards the purchase of 3 creditable service shan be refunded to the member. 4 Section 3. It is the intention of the City Commission of the City of Boynton 5 Beach that the provisions of this Ordinance shan become and be made a part of the 6 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this 7 ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to 8 "Section", "Article" or such other word or phrase in order to accomplish such intention. 9 Section 4. An Ordinances or parts of Ordinances, Resolutions or parts of 10 Resolutions in conflict herewith be and the same are hereby repealed to the extent of II such conflict. 12 Section 5. If any clause, section, or other part or application of this 13 Ordinance shan be held by any court of competent jurisdiction to be unconstitutional or 14 invalid, such unconstitutional or invalid part or application shan be considered as 15 eliminated and so not effecting the validity of the remaining portions or applications 16 remaining in full force and effect. 17 Section 6. This Ordinance shall become effective when the fonowing has 18 occurred: 19 a) the foregoing changes to pension benefits has been ratified by the collective 20 bargaining unit(s) representing the General Employees, or their successor 21 organization; CODING: Words in strike tm-ough type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pensioo\General Employees Pension - buy-back of prior government service.doc >--~-<-~--~---=---_.~ - ~--, - -'~ -,.--~_...._--~-.-_.-~--~~-<"--_.---~ _ ~ ____.____..___.¡....-''''~._._~__c_ .' 1 b) the City Commission has received and has accepted a report establishing 2 the actuarial soundness of these amendments; and 3 c) a copy of this ordinance has been forwarded to the State of Florida 4 Division of Retirement. 5 Upon satisfaction of this requirement, then in that event, the tenns and provisions 6 of this Ordinance shall become effective. 7 8 FIRST READING this _ day of ,2004. 9 SECOND, FINAL READING and PASSAGE this - day of 10 ,2004. 11 12 CITY OF BOYNTON BEACH, 13 FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 ATTEST: 24 25 Commissioner 26 27 CITY CLERK 28 Commissioner 29 (CORPORA TE SEAL) CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - buy-back of prior government service.doc XII. - LEGAL ITEM B.3 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 D April 6, 2004 March 15,2004 (Noon.) D June 1, 2004 May 17,2004 (Noon) D April 20, 2004 AprilS, 2004 (Noon) D June 15,2004 May 31, 2004 (Noon) D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14, 2004 (Noon) D May 18, 2004 May 3, 2004 (Noon) rg¡ July 20, 2004 July 5, 2004 (Noon) C") a (""):::¡ + :::¡-< D rg¡ Legal L -<0 Administrati ve c:: ,:-> 'l r- NA TURE OF D Announcement D New Business I '-m P'o AGENDA ITEM D D N ~:4) -< City Manager's Report Presentation :xz D D )Jot .::.n -4 Consent Agenda Public Hearing ::z: C> ë3 Oz D Code compliancelLegal Settlements D Unfinished Business 'l .. 'lCD C) - f"T1 (""»> - 1"1'1('") ::J: RECOMMENDATION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordinances to amend the definition of "Earnings" to include unused vacation pay in the calculation of the normal retirement benefit for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances. EXPLANA TION: Ordinance would allow General Employees to continue the current practice of calculating unused vacation pay in calculating member's final average monthly compensation. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Annual Actuarial valuations have included a special adjustment to allow for the inclusion of unused leave in average final compensation. The adjustment is based on the system's own experience. FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no actuarial impact on the System. ES, De Une to a;;:e the Ordinance a, reco.......... by the ~ Board. Department Head's Signature City Manager's Signature Pension Administration /' Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC · . I 1 ORDINANCE 04- 05~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO AMEND THE 7 DEFINITION OF "EARNINGS" TO INCLUDE UNUSED 8 VACATION PAY IN THE CALCULATION OF THE 9 NORMAL RETIREMENT BENEFIT FOR THE GENERAL 10 EMPLOYEES' PENSION PLAN BY SPECIFICALLY 11 AMENDING §18-118 OF THE CITY'S CODE OF 12 ORDINANCES; PROVIDING FOR CODIFICATION; 13 PROVIDING FOR CONFLICT; PROVIDING FOR 14 SEVERABILITY; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 WHEREAS, the General Employees' Pension Plan (the "Plan") of the City of 18 Boynton Beach calculates the Nonna] Retirement benefit for each member by 19 determining the Final Average Monthly Compensation of each member of the Plan~ and 20 WHEREAS, Final Average Monthly Compensation IS determined by 21 calculating the monthly average of the employee's earnings during the highest sixty (60) 22 consecutive calendar months occuning in the one hundred twenty (120) calendar 23 months immediately preceding his nonnal retirement date~ and 24 WHEREAS, "earnings" is defined as gross earnings of the member, including 25 overtime and sick pay~ and 26 WHEREAS, it has been detennined that, in practice, "earnings" have been 27 computed to also include unused vacation pay when calculating a member's Final 28 Average Monthly Compensation~ and CODING: Words in strike through type are deletion from existing law~ Words in underscored type are additions. Page 1 of 4 S:\CA\Ordinances\Pension\Gcncral Employees Pension - vacation pay.doc .- -' - -..._~- "~'-' -->._~-~-'""-"".----'- , --~.....___~___>__. - ~.~--,- -I<- 1 \VHEREAS, the Board of Trustees for the Plan have recommended that such 2 amendment to the Plan be made in order to reflect the current practice for calculating 3 earnings for Plan members; and 4 WHEREAS, the Plan has been administered In accordance with this 5 modification, there would be no fiscal impact resulting from making the proposed 6 amendment; and 7 WHEREAS, the City Commission has reviewed the recommendations of the 8 Board and finds the amendments to the Plan proposed by the Board as provided herein 9 to be in the best interests of the Plan members and the City; 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 11 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 12 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 13 true and correct and are incorporated herein by this reference. 14 Section 2. Chapter 18, Article II, Division 4, §18-111 of the Code of 15 Ordinances of the City of Boynton Beach, Florida, entitled "Normal Retirement," is 16 hereby amended to read as follows: 17 §18-118 Normal Retirement. 18 19 . .. 20 21 @ In the event of normal retirement, the retiring employee 22 shall be entitled to and shall be paid an annuity payable monthly beginning 23 with the month of retirement and continuing until death. The amount of 24 annuity to which the retiring employee will be entitled will be calculated as 25 follows: 26 27 .. . CODING: Words in strike throügh type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 S:\CA\Ordinances\Pension\General Employees Pension - vacation pay.doc · . ¡ . ] \ 1 (Ð "Final average monthly compensation," for the 2 purposes of this section, shan mean the monthly average of the 3 employee's earnings during the highest sixty (60) consecutive 4 calendar months occurring in the one hundred twenty (120) 5 calendar months immediately preceding his normal retirement date 6 if such date fans on or after January 1, 1979, and based upon 7 compensation immediately preceding actual retirement date if 8 normal retirement date preceded January 1, 1979, or he elected to 9 continue to contribute after normal retirement date as provided in 10 section 18-95. "Earnings" as used in the above sentence shall mean 11 gross earnings received by the employee as compensation for 12 service to the city including unused. accrued vacation pay. overtime 13 pay and sick pay paid in the lump sum at tennination or retirement 14 but excluding bonuses. 15 16 -. . 17 Section 3. It is the intention of the City Commission of the City of Boynton 18 Beach that the provisions of this Ordinance shall become and be made a part of the 19 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this 20 ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to 21 01 Section " , "Article" or such other word or phrase in order to accompJish such intention. 22 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 23 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 24 such conflict. 25 Section 5. IT any clause, section, or other part or application of this 26 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 27 invalid, such unconstitutional or invalid part or application shall be considered as 28 eliminated and so not effecting the validity of the remaining portions or applications 29 remaining in full force and effect. CODING: Words in strike throogb type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 S:\CA\Ordinances\Pension\General Employees Pension - vacation pay.doc ._L~ -- -...., '."""_..o-_........-a----. .-- --<~-~_-_.-~.=".~_ '< ....~.......=........~...........--", ¡. 1 Section 6. This Ordinance shall become effective when the following has 2 occurred: 3 a) a collective bargaining agreement ratifying the foregoing changes to 4 pension benefits has been ratified by the City Commission and the General 5 Employees' Pension Board of Trustees, or their successor organization; 6 and 7 b) a copy of this ordinance has been forwarded to the State of Florida 8 Division of Retirement. 9 Upon satisfaction of this requirement, then in that event, the terms and provisions 10 of this Ordinance shall become effective. 11 FIRST READING this _ day of ,2003. 12 13 SECOND, FINAL READING and PASSAGE this - day of 14 ,2003. 15 16 CITY OF BOYNTON BEACH, 17 FLORIDA 18 19 20 Mayor 21 22 23 Vice Mayor 24 25 26 Commissioner 27 ATTEST: 28 29 Commissioner 30 31 CITY CLERK 32 Commissioner CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 S:\CA\Ordinances\Pension\General Employees Pension - vacation pay. doc XII. - LEGAL ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnT! Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August3,2004 (Noon.) Ju]y ]9,2004 o October 5, 2004 (Noon) Septernber20, 2004 o August ]7.2004 (Noon) August 2, 2004 o October ]9,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August ]6, 2004 o November 3, 2004 (Noon) October 18,2004 Ç) o September 21, 2004 o November 16, 2004 0 C'>-4 (Noon) September 7, 2004 (Noon) November], 2004" =;-< <- -<0 c: 0-'" r- ~-CO 0 0 Development Plans N ;-"ìO Administrative - ~CCj-< 0 0 New Business ::;>~ -z.. NATURE OF Consent Agenda -u (,)-4 =-~ ~o AGENDA ITEM 0 Public Hearing [gJ Legal CJ -z.. .r- --.,., -..,CP 0 Bids 0 UnfInished Business - -IT\ .... Ç):þ 0 0 Presentation - fT1Ç) Announcement :x: D City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Connnission Agenda under Legal, Ordinance - First Reading. The City Connnission with a 4 to 1 vote, recommended that the subject request be approved under Public Hearing on July 20,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-147. EXPLANATION: PROJECT: Boynton Seafood (ABAN 04-002) AGENT: Jim Hanson OWNER: Jim Hanson and Carter Logan LOCATION: 1022 North Federal Highway DESCRIPTION: Request for abandonment of a portion of a 20-foot wide alley lying east oflots 20, 21 and 22, and west oflot 19 in Block 3, Lake addition to Boynton subdivision. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: N/A --- City Manager's Signature µIL Planning and Zoning Direct City Attorney / Finance / Human Resources S :\P]anning\SHARED\ WP\PROJECTS\Boynton S ood\Agenda Item Request Boynton Seafood ABAN 04-002 1st reading 8-3-o4.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF A 20 FOOT WIDE ALLEY 6 LOCATED BETWEEN N.E. 9TII AVENUE AND N.E. 7 lOTII A VENUE (ABAN 04-002), SUBJECT TO STAFF 8 COMMENTS; AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAIMER, WmCH SHALL BE 10 RECORDED WITH TillS ORDINANCE IN THE 11 PUBLIC RECORDS OF PALM BEACH COUNTY, 12 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Boynton Seafood, through its agent Carter Logan, is requesting 16 lbandonment of a portion of 20 foot wide aney located between N.E. 9th Avenue and N.E. 17 .oth Avenue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 18 taff comments; and 19 20 \VHEREAS, comments have been solicited from the appropriate City Departments, 21 nd public hearings have been held before the City's Planning and Development Board, and 22 he City Commission on the proposed abandonment; and 23 24 WHEREAS, staff has detennined that the roadway provides no public service; and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 e:rein by this reference. 31 32 Section 2. The City Commission of the City of Boynton Beach, Florida, does 33 ereby abandon a portion of a portion of 20 foot wide alley located between N.E. 9th A venue 34 d N.E. 10th Avenue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, 35 ubject to staff comments, and more particularly described in the attached Exhibit "A." A 36 ation map is attached hereto as Exhibit "B." 37 38 Section 3. The City Manager is hereby authorized and directed to execute the 39 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 40 ecords of Palm Beach County, Florida. 41 42 Section 5. This Ordinance shan take effect immediately upon passage. 43 44 FIRST READING this _ day of , 2004. 45 46 :\CAOrdinanceslAbandonmentslAbandonemen¡- NW 8th Avenue.doc ¥_.,.~ .-........."'---- ......~~...............-- . "--............~-'"-""_....-...."'--«->-".~ .-'" -"',<-,--~ >---~~--,- . 1 2 SECOND, FINAL READING AND PASSAGE TIllS _day of 3 4 ,2004. 5 6 CITY OF BOYNTON BEACH, R.ORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 23 ~4 25 ity Clerk 26 27 28 :\CAIOrdinanceslAbandonmenls\Abandonement - NW 8th Avenue.doc EXHIBIT" A" A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach County in Plat Book 11, Page 171 and being more particularly bounded and described as follows: Beginning at the northeast corner of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of northeast 10th A venue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th A venue. Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. _.......- .--,' --~~-~--. ._~- .~..-- .--....,.,---.0 .........."-........~...................~._.__m._~ , ~~~---~_....-.,,~-->~~-~.---. . -" ..;- 1 In. = 100.0 feet 1-.- ._, . _ h _ ."_ . .,.....;.i ;-;.. ....... ." 3 :.. .. , .- .... . -.". .' Þ' . .. - .._._ ._. . . L-.._. . ._. ...._... .n . -~·tT··:· , . .". '. -Jþ, . - - .. ".. ,"-' -- . R1*- - . ' " BOYNTON SEAFOOD LOCATION MAP EXHIBIT -e" · . [ : 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 'lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 portion of a portion of 20 foot wide alley located between N.E. 9th Avenue and N.E. 10th 8 I. venue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 9 taff comments, and more particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 , each, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 lay of August, 2004. 14 15 \TTEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 anet Prainito Kurt Bressner, City Manager 18 ~ity Clerk 19 20 TATE OF FLORIDA ) 21 )ss: 22 nUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 Iorida, known to me to be the persons described in and who executed the foregoing 26 [stroment, and acknowledged the execution thereof to be their free hand and deed as 27 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 fficial seal of said corporation; and that said instrument is the act and deed of said 29 orporation. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 ugust, 2004. 32 33 NOTARY PUBUC, State of Florida 34 My Commission Expires: 35 :\GA\OrdínanceslAbandonmentslAbandonemen! . NW 8th Avenue.doc .-.......~ . __'~__d.h.._____,~....._,"",~...· ~ "'-._--_...------..~. --~~-_....._..."'"'""«'_~___>, ·-------·,-1'" -" _..~ EXHIBIT "A" A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach County in Plat Book 11, Page 171 and being more particularly bounded and described as foHows: Beginning at the northeast corner of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of northeast 10th A venue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th A venue. Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·147 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. RumPf"'~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 28, 2004 SUBJECT: Abandonment of a 2o-foot wide alley lying east of Lots 20, 21 and 22 in Block 3, Lake Addition to Boynton (ABAN 04-002). NATURE OF REQUEST The applicant and agent for Boynton Seafood, Carter LOian, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 9th Avenue and N.E. 10 Avenue. This request to abandon a public alley was submitted on April 23"', 2004. This abandonment is for the following unimproved platted alley segment: A portion of a twenty foot wide alley being east of lots 20,21,22 and west of Lot 19 as shown on plat of Lake Addition to Boynton Beach· filed in the official records of Palm Beach County in Plat Book 11 , Page 171 and being more particularly bounded and described as follows: Beginning at the northeast comer of Lot 20, Plat of Lake Addition to Boynton Beach, at the south right of way of Northeast 10th Avenue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northeriy, maintaining a distance of 20 feet from and parallel to the easterly bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th Avenue. Thence westeriy along the right of way of Northeast 10th Avenue a distance of 20.18 feet more or less to the point of beginning. Subject to easements, right of way and reservations of records. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of-way to be abandoned. The attached Exhibit "B"- ·Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - N.E. 10th Avenue right-of-way, and farther north a vacant commercial building zoned C-4; South - Boynton Beach F.O.E. #3944 lodge buildIng, zoned C-4 and farther south, N.E. 9th Avenue right-of-way; East - A vacant parcel within a single-family neighborhood, zoned R-1-A; and West - Boynton Seafood property, zoned C-4, and farther west, North Federal Highway right-of- way, zoned C-4. _...-,,0-'.- >__~""""~.__'__~_ __ ti _.-~ .--------~----~......._._= ._ ..-=........ .r_' ~ .~",_._ , - . " -~~ · Page 2 Memorandum No. PZ 04-147 ABAN 04-002 BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion If not used as such. As such this clause is in favor of the original interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were not taken to establish such rights on or before July 1, 1973. The applicant has the intention of vacating the adjacent portion of the 20-foot wide alley to consolidate it with Lots 20, 21 and 22 in order to renovate the Boynton Seafood property. The renovation of the Boynton Seafood is proposed to include but not limited to parking lot expansion / reconflguration. When abandoned the alley will revert to the adjacent property owners; one-half to the property owner to the east and one-half to the property owner to the west. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff Is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public WorkslUtilities - Approval with conditions (see Exhibit ·C") Planning and Zoning - No objection PUBLIC UTIliTY COMPANIES Florida Power and Light - No objection BellSouth - Approval with conditions (see Exhibit ·C") Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A It noteworthy that other segments of this same alley have been previously abandoned as supported by similar analysis and findings. RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon a segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit ·C· - Conditions of Approval. Any conditions recommended by the Community Redevelopment Agency Board or required by the Commission will be placed in Exhlbit·C" - Conditions of Approval. xc: Central File S~WPtPROJECTS\EloyIon Se8food\SIaIf Report.doc: -' '-"- . ; . 1 In. = 100.0 feet - - R ··3 :";. :'-:. - ." .~:~ "'b;"" _'. '''';_ I .do _ '.' . . . . . ¡;;¡ -- ···:>'IT - - - - - [ R 1 - - - ,_.; - - - - - - BOYNTON SEAFOOD LOCATION MAP EXHIBIT "A" ,.-._" ----y.--....+. .-->----~............_.__..'<-....""'-~..«.."..,~.<'-'-"~- - ",' , . ~ '.- ! ~ . E R/W ð/X/E N/GNWAY , EXHIB IT "B" . BOYNTON'sEAFOOD r-- I ~ I .... I .... I I i" rl~ I Ii ~ : .~ .zs.~, ~ ~ I "t ~' ~ I I . I : ..' -¡,i/.!!] ~ I (<I' .. , 0(;\ þ~ ~ e ~'(','''''' ß . ) '/.I'~ ~ K"I 1 ~~ fiG ~ ~ ~ 1.1 ~ ~ ~~) ~. . ij'. ~ 11' ~ i . I ~~ ~ ! ~ CS ..... - . . . . ... . ..... ....... . ~ ~ t! r III ~r· !T It¡¡t' li~r . . .8 Ii ,Iii II ilia 1[11 . § ~ !liiil ~ ~illilli ¡~J' l~ .Ii Jft idi -!./ <-'Í r ~ ¡ ß J§t~l~ ~I!~m ì ilt ~I. I rft! i~~ ~ ';i ¡;!il,§ bi!' ii d I'~i. . I'l!i !fi ~ -,~ ~ii~~ ø" i filii ~j 0 ~i~!¡l·5.· t I '¡f· :<"':--11.'. ~ 8 ~N~ I iUJ¡1 t i~l!iJ . r Iii 1 hii Hi t~ !I~ . !frf I i~ ; ~i:~.! <ir( ~~. i 'fll ~~r.-~~ 111 I " .ui" J .~ I I i"1 ..1 ~I. . ~ I et' ~....." ~ . --- 5 ~::¡~~~ . di~~ÐI' II It R. fl:! . f Lit . is ~ ~ III i IIUil ;~i·n~' . [ i~ i ¡I~ f lit ~~ ~ ~ i r li!l~ 'ill~~ \ ~ Itl R. i II! «!' ~~ ~ ' 'I ~~ . f a -< ~ ~ b ~ ¡¡hlÏ I i~5~-- - ------ I i· ~ ~ I¡IJ~~ ~II~§~ ill ~. ~ ~ 81 ijl . ~ :i!lft;6 - . ~ S ~;~ 8 !¡ I~ r-- ~ ~ &11'1 ; lili= '< ~ ~ ~ UI§~l III I! I~ hl91 'n~~ ; 1!lft. Illi ~ lid! ~ 1111 , EXHIBIT "C" Conditions of Approval Project name: Boynton Seafood File number: ABAN 04-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Connnents: None X PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require a conversion X to a utility easement of the same width. The twenty (20)-foot wide alley shall be replaced by twenty (20) foot wide utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. UTlLmES Connnents: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X -,._-_._-----,....,..-~~._"~..."-,.""''--'_...............--..~~._,,-_. . T"'__> __.0-_____".........".. - ~----- ---,~ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Bellsouth will require a utility easement to maintain the existing aerial X facilities. The alternative to an easement would be a relocation of facilities at the owner's expense. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s~~~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.5 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 r8J August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004 o September 21,2004 (Noon) September 7,2004 0 November 16,2004 (Noon) November 1,2004 ("") o Administrative 0 Development Plans ? ("") -1-< --1 NATURE OF 0 Consent Agenda 0 New Business ~ -;:~ AGENDA ITEM 0 Public Hearing [8J Legal r- <1 CD r"\.) ,. T c> o Bids 0 UnfInished Business - ::;2-< /"'z o Announcement 0 Presentation ~.J-) d O:z: o City Manager's Report ~ :;:::co _ .- fT1 .,- ,:-> :t> C> ïT1 RECOMMENDATION: Please place this request on the August 3,2004 City Commission Agenda under Legal~ Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing on July 20,2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-165. EXPLANATION: PROJECT: NW 8th Avenue (ABAN 03-011) AGENT: City- initiated LOCATION: Approximated 400 feet west of Sea crest Boulevard between lots 154 and 155 of Block "C", and lots 154 and 155 Block "D", Boynton Hílls subdivision. DESCRIPTION: Request for abandonment of portion of an unimproved, 50-foot wide road right-of-way for NW 8th Avenue, adjacent to lots 154 and 155 Block C, Boynton Hílls subdivision. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ - City Manager's Signatme ~ Planning and Zoning Dir or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\NW Avenue\Agenda Item Request NW 8th Ave ABAN 03-011 1st reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, RORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN UNIMPROVED 50 FOOT 'VIDE 6 ROAD RIGHT-OF-WAY FOR NW 8TIl A VENUE; 7 (ABAN 03-011), SUBJECT TO STAFF COMMENTS; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 A DISCLAIMER, WHICH SHALL BE RECORDED 10 WITH THIS ORDINANCE IN THE PUBLIC RECORDS 11 OF PALM BEACH COUNTY, RORIDA; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach is requesting abandonment of a portion of an 16 nimproved, 50 foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 17 55, Block C, Boynton RiBs subdivision, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 nd public hearings have been held before the City's Planning and Development Board, and 21 he City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has detennined that the roadway provides no public service; and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 erein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 ereby abandon a portion of an unimproved, 50 foot wide road right-of-way for NW 8th 33 venue, adjacent to Lots 154 and 155, Block C, Boynton Rills subdivision, subject to staff 34 omments, and more particularly described in the attached Exhibit "A." A location map is 35 ttached hereto as Exhibit "E." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 ecords of Palm Beach County, Florida. 40 41 Section 5. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this _ day of ,2004. 44 45 46 47 :\CA\Ordinances\Abandonmenls\Abandonement - Largo Pointe.doc __Un _ . .- 1 SECOND, FINAL READJNG AND PASSAGE THIS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 ~3 24 ity Clerk 25 26 27 :\CA\OrdinanceslAbandonmentslAbandonement - largo Pointe.doc 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest comer of said lot 154~ thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet~ thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154~ thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19 .82 feet~ thence northerly fonning an included angle of 143°33' 18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 fonning an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet~ thence southerly fonning an included angle 24 of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155~ 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet~ thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CA\OrdinanceslAbandonmentslAbandonemenl - Largo Poinle.doc __~._._ - .___>___n___ ...r_"""'.____'__~ _______~_ ._~ ~._._,,~_".~""'__~'---->-o'____ _, ~ _~ r....-"~......._~"_~_ ____n___ >-i--- - . .. -- S' ~ 0000 110. :: 100.0 feet . ,- - -- 1320 1330 1560 1402 1460 14tO . .. .-" H_ - 16-01 )1690 R-3 123Ð ) ~ 180'0 1210 ~ 0 - -.' '. ...... . ~ NW 8TH AVENUE LOCATION MAP EXHIBIT He/i 1 I 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 orida, a municipal corporation, under the laws ot the State of Florida, does hereby abandon 7 portion of an unimproved, 50 foot wide road right-ot-way for NW 8th A venue, adjacent to 8 ots 154 and 155, Block C, Boynton Hills subdivision, subject to staff comments, and more 9 articularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 each, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 ay of August, 2004. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 Kurt Bressner, City Manager 18 19 20 TATE OF FLORIDA ) 21 )ss: 22 OUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 orida, known to me to be the persons described in and who executed the foregoing 26 nstrument, and acknowledged the execution thereof to be their free hand and deed as 27 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 fficiaI seal of said corporation; and that said instrument is the act and deed of said 29 orporation. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 une, 2004. 32 33 NOTARY PUBLIC, State of Florida 34 My Commission Expires: 35 :\CA\Ordinances\Abandooments\Abandonement - largo Pointe.doc ._.__ ."..0-._ . _~ ~",..,.~___-..--._ _~......~..,.._..........'_..H__ .n"._ ~___._ ___O_",,"""__~""__=-'''-"'~--'____ _____~_~__ ___ -- ~._~- --.-,---" - ~I' 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest corner of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly forming an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 forming an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly forming an included angle 4 of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. ;\CAlOrdinanceslAbandonmentslAbandonement - Largo Poinle.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-165 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. RumPf(\l)~ Planning and Zoning Director FROM: Maxime Ducoste-A~~ Planner DATE: July 6, 2004 SUBJECT: Abandonment of a 50-foot wide right-of-way running east-west in Block 4, Lake Addition to Boynton (A BAN 03-011). NATURE OF REQUEST City staff are requesting abandonment of an unimproved 50-foot wide right-of-way located on N.W. 8th Avenue approximately four hundred (400) feet west of Sea crest Boulevard. This abandonment is for the following unimproved right-of-way segment: That portion of the road right of way for NW £ih Avenue lying north of lots 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, Described as follows: Beginning at the northwest comer of said lot 154; thence easterly along the north line of said lot 154, a distance of 100.26 feet to a point on a curve concave to the southwest having a central angle of 12(j026'42" and a radius of 10.00 feet; thence southeasterly along the arc of said curve, a distance of22.07 feet to a point on the easterly line of said lot 154; thence northeasterly along the northeasterly projection of the easterly line of said lot 154 a distance of 19.82 feet; thence northerly forming an included angle of 143033'18" to the right from the preceding course, a distance of 50.00 feet; thence westerly forming an included angle of90000'OO"to the right from the preceding course, a distance of240. 16 feet; thence southerly forming an included angle of 90000'00" to the right from the preceding course, a distance of 50.00 feet to a point on the northwesterly projection of the westerly line of said lot 155; thence southeasterly along said northwesterly projection, a distance of 19.82 feet to a point on a curve to the southeast having a central angle 12f>026'42" and a radius of 1 0.0 feet; thence northeasterly, along the arc of said curve a distance of 22.07 feet to a point on the north line of said lot 155; thence easterly, along said north line, a distance of 100.26 feet to the point of beginning. The location map, attached as Exhibit" A", shows the immediate vicinity of the subject right-of-way. The attached Exhibit "B"- "Proposed Abandonment" is a survey of the subject street which indicates its proximity to adjacent properties. The following describes the zoning districts and land uses of the properties surrounding the subject request. North - A single-family house zoned R-1-A; South - A single-family house, zoned R-1-A, and farther south, is N.E. 8th Avenue right-of- way; East - N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A; and ,. ~=..~___~" ',w'^_~__'__ ~___~__..__ ---"'-----~.--. " --_..~~<-------. Page 2 Memorandum No. PZ 04-165 ABAN 01-004 West - N.W. 8th Avenue right-of-way and farther east, is a single-family neighborhood, zoned R-1-A. BACKGROUND The Boynton Hills subdivision was originally platted in 1925. Contrary to the grid pattern used in the development of most American towns, the design of this subdivision was based on the radial scheme and diagonal avenues in lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The ultimate street design within this area is a unique pattern of many curvilinear streets and avenues extending from NW 10th Avenue south to Boynton Beach Boulevard. The sUbject portion of this unique street pattem is a straight segment extending through the center of four segments platted in a diamond shape. Three of the four segments comprising the "diamond" configuration are improved. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, pUblic notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objections Public Works/Utilities - Approval with conditions (see Exhibit "C") Planning and Zoning - No objections PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit "C") Bell South - No objections Florida Public Utilities Company - No objections Cable Company (Adelphia) - No objections Cable Company (Comcast) - N/A The property located on the north side of the subject right-of-way is developed with a single-family house while the southern properties are vacant, zoned R-1-A, and were recently acquired by Habitat for Humanity for the construction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way because it is unimproved, lacks necessity given the greater network around the subject street segment, and could contribute to the confusion of motorists. Proper flow and signage for unique intersections and street patterns is a challenge, and is simplified by the elimination of the subject street at this location. Abandonment of the 50-foot wide right-of-way, as shown on the survey, will result in the reversion to the adjacent property owners. Although this original street pattern represents a unique part of hIstory in these neighborhoods, and possibly worthy of preservation, this overall network has already been altered by previous abandonments, to accommodate the Sara Sims Park, Boynton Terrace Apartments and expansion of the First Baptist Church. It should be noted that the subject abandonment can occur while leaving the chance to preserve a portion of metry within this section of the network. This balance in the network is contingent upon the ultimate II ..tlrovement of the remaining unimproved segment (Grand Blvd. West) of the "diamond" configuration that sUlTOunds the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01 ~OO4 RECOMMENDATION Staff finds that the subject unimproved street provides no public purpose except for utilities, and therefore recommends that this request to abandon a portion of the 50øfoot wide right-of-way as described above, be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:\Planning\SHARED\WP\PROJECTS\NW 8th Avenue\Staff Report.doc ~-----_.--~------------- ---~..._~~->--< h_<_~'--~------'----~tI' . . 0000 1 in. = 100.0 feet . -- 1320 1330 to, . I" 1560 1402 1460 1470 . 1501 10 1690 R3 .' .'.. 1230 ...... 1300 ...... 1210 c .... ... NW 8TH AVENUE LOCATION MAP EXHIBIT "A" EXHIBIT "B" --_._~-_.- -.-.--- ---- -----...---- ---. -_._-~. --~------_._------ "~-' fì~~~ì~1 ~ I ~.=: I 1;!!1<!ifi Ì!!I ~~ I!I¡. I ~~ i;L'~!ii-P ~ , ~,~~ ¡!i: ¡·I I~G~~ttl II: , fL~ p..¡ ~~ i!. ~.~ H iì:,. ~ ~~ ..Õiì: ~1¡¡:I~i'i~~ ¡¡:~§ . ~~ .. - f's f ~:<~~ >-~ .. ~ ~ .. ~' ,~ ~~ ,~#~ /' ~.... 1~1t ~.... ~' i~8~ I at ~~ §:>¡\j1 I~~ ()01 it <::>01 ,:1" I ~~b I il~i ¡¡¡.... I~ !I~~ Ii. ()~ I r ---- r ¡;¡zo- ª~ - <::>~ I Ii 11'- i II ~ ~~t·~ .§ lie ! , ~ ~. 7 I . 20 _." II, ~ . _I._ ~ M Iii ! I ~ I I ! rÞli~ , !III ~ <) ~i I ~ § ~ lilll~~! lill ~ ,.,11 I i1ìli q t 1..;1.... rB: rlþ'i J f !'!I~ II ~ I! II ~ 'aI 1111 .... ~ +J!!'" iL ~ ---,~._------ - ..'----.-~-,----- -- --.._---'---..............---_. EXHIBIT "C" Conditions of Approval Project name: NW 81b Avenue File number: ABAN 03-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. This alley currently contains utility services that will require the X establishment of a utility easement in accordance with the Engineering Division's requirements in order to support any existing or future utility infrastructures. 2. If a utility easement is required, no structures shall be constructed or X landscaping placed within the uti1ity easement without express written consent of an legal entities occupying said easement. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Florida Power and Light win require at minimum a ten (10) foot wide X utility easement to maintain the existing facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\Ptannlng\SHARED\WP\PROJECTS\BQ_ SeaIood\COA.dQC .----~- ---- ......"".....- ,. .~--. -~--.~---- -~-- .,~~--.>: --~-~~_.~--"._- -~._-..~,~-<_.---,..""'" --- .-!; XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.6 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 [g August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21 , 2004 (Noon) September 7, 2004 o November 16, 20"04 (Noon) November I, 2004 0 Administrative 0 Development Plans C") a (")=i NATURE OF 0 Consent Agenda 0 New Business '- =1-< AGENDA ITEM c:: -<0 [g Public Hearing [g Legal r- ,...,"T N ;-00 0 Bids 0 UnfInished Business - "'"10 :2-< 0 Announcement 0 Presentation " -~2: :-') -I 0 :x ~o City Manager's Report .;:;- .=ï1 :z: " '1t::O .¡:- (=)fTl c> ¡.,,::t> RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under publi£ Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. The City Commission postponed this item at the June 15, 2004 meeting at the request of the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (1). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo City Manager's Signature ~ Planning and 0 g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PR TSlFlorida Collision Ctr\LUAR\Agenda Item Request - Florida Collision Ctr LUAR 04-005 amend 1st reading 8-3- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 04- I 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING VACANT 5 PROPERTY CONSISTING OF TWO PARCELS 6 TOTALLING APPROXIMATELY 0.52 ACRES, 7 MORE PARTICULARLY DESCRIBED HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE 10 COMPREHENSIVE; THE LAND USE 11 DESIGNA DON IS BEING CHANGED FROM 12 GENERAL COMMERCIAL TO INDUSTRIAL; 13 PROVIDING FOR CONFUCTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element by Ordinance No. 89-38 in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after public hearing and study, the City Commission deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as adopted by the City herein. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Florida Collision. doc ------'..~- -_.._.............~--~ -- -----....~-.-------.~-"--- -- _ ·..~_-_____»~_..._~""'d__~~___<-".__,~.~~_¿~_.....~ - _.~__,;.__.__~..~_._ " 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Industrial (I). Said land is more particularly described as follows: 4 Parcel #1 5 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 6 thereof, ARDEN PARK, Addition to Boynton Beach, Florida (nlk/a Boynton Beach), 7 according to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records 8 of Palm Beach County, Florida. 9 10 Parcel #2 11 The East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK 12 Addition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 13 2, Page 96, Palm Beach County, Florida. 14 15 Containing approximately 0.52 acres, more or less. 16 17 Subject to easements, restrictions, reservation and rights of way of record. 18 19 Said lands situate, lying and being in Palm Beach County, Florida. 20 21 Section 3: That any maps adopted in accordance with the Future Land Use Element 22 shall be amended accordingly. 23 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 24 repealed. 25 Section 5: Should any section or provision of this Ordinance or any portion thereof 26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 27 the remainder of this Ordinance. 28 Section 6: This Ordinance shall take effect on adoption, subject to the review, 29 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 30 Planning and Land Development Regulation Act. No party shall be vested of any right by 31 virtue of the adoption of this Ordinance until all statutory required review is complete and S:\CA\Ordinances\Planning\Land Use\Florida Collision. doc ; 1 all legal challenges, including appeals, are exhausted. In the event that the effective date is i 2 established by state law or special act, the provisions of state act shall control. 3 FIRST READING this _ day of ,2004. 4 SECOND, FINAL READING and PASSAGE this _ day of , 5 2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 AlTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 S:\CA\Ordinances\Planning\Land Use\Florida Collision. doc _"'__F'~~~~ __,__~___.._ ">_n._=_,._. .~__. . .".__ '-"_ ._~__~.",,_.......__>~.....__.L~...._.~""'d-'=»"''''-''''_~_''''''''''"~_~___~~_> - ~~----...-.-~... -~ ~------ - ~ DEVEWPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: Jwe 2, 2004 PROJECf DESCRIPTION ProJectI Applicant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Locadon: 902 NE 3111 Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned G4, General Commercial District Proposed changeluse: To reclassify' from General Commercial (GC) to Indus1rial (I) and to rezone from C-4 General Commercial District to M-l Industrial District Adjacent Land Uses and Zoning: North: Right~f-way for NE 9th A venue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right~f-way for NE 8th Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. East: Developed property (auto repair and towing - Florida Collision Center) designated Industrial (l) and zoned M-l, Industrial District West: Right~f-way for NE 3111 Street, then developed property (palm Beach Cowty Head Start daycare and the city's Public Works' facility) designated Public and Private GovemmentaJlInstitutional (POOl) and zoned PU, Public Usage. Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the proposed land use amendment/rezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Commwrity Redevelopment Plan; · Will bring the applicant's entire property Wlder the same land use designation and zoning category; and · Will increase the supply ofland with M-llight industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a paroel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property Wlder the same land use designation (Industrial) and zoning (Industrial District) as the paroel developed with his existing auto repair business. The subject property, recently pmcbased by the applicant, consists of two parcels. One of the paroels was developed with a single family home, a non-confonning use Wlder the CUl1"ent zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use Wlder CUl1"ent C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly ftom the Head Start daycare center located to the west of the property, across from NE 3M Street. PROJECf ANALYSIS The subject parcel totals ±o.S2 acre. Because of the size of the property Wlder consideration, the Florida Department of Commwrity Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Comnnmity Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, A.dministration and Enforcement, Item C. Comprehensive Plan A.mendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: _..._~..-......p.~.""",,_~_Þ--_",__~-----"'~'~'-~'-~-'--- ~__ n_> __<_..........~_.~~ ---- --- --------_.-~~~ ----- -- - Page 3 File Number: LUAR 04-005 Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning· department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consisteDt with all applicable comprehensive plan policies. In particular, it is consistent with policies œder Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20120 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean .Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of u.s. 1 and Martin Luther King Boulevard. The property is located in the Arden Perk neighborhood within the Heart of Boynton Community Redevelopment Area. and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports indus1rial uses in the area bounded by N. Railroad Avenue on the east, NE 3M Street on the west, NE 311t Avenue on the south and NE 9Ch Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed reZoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual properly owner as contrasted with ~he protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A nwnber of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Indus1rial A venue, are developed with industrial and heavy commercial uses. The need for adequate screening. however, is particularly evident given the presence of 1he Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in 1he Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NB 3rd Street on the east side from General Commercial District to M-l Industria1 District, thus expanding the existing industrially zoned area. The shrinking supply of lands wi1h the industrial designation in recent years may create future location problems for industrial and marginaI Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important. to the economic fabric of the city by providing valuable services and employment opportunities. This applies to al1 land classified indus1rial. The shortage of industrial sites geared towards smal1 business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-l and may ultimately be reclassifiedlrezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of ~acent or nearby properties. However, the appropriate screening of the properties fronting NE 9 Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9d1 Avenue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton ComnnU1Ìty Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3n1 Street and NE 9th Avenue, which represent a permanent separation of the industrial from the surroWlding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable Wlder the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequàte sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boWldary adjus1ment is minor and compatible with adjacent land uses. ,__ ~_.~ >_ __'~'_~kO"",~~"_'_"_ _ __ _''^'_''__~____'_'_~'"-'''~k^_A_'_~_'''' -----~---'"-"...-"---- -- -,-- --~-----~--------...._--~~..- Page S File Number: LUAR ~S Florida Collision Center CONCLUSIONSlRECOMMENDATlONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on inftastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Ex1uòit "C". ATI'ACHMENTS O:\LU.u.\PIorida CoIlioloD CcaIa'&aIfRl:poJt fI CoIIiIIoo CeIIIer.cIoc LOCATION MAP 902 NE 3rd STREET L ~ cr Q I a ~ ."" -. : PPGI z GC I . . . .. -;- ~ 2!., 50 100 150 2~eet __._~______._ ~~.__ ___.--..._.., ~_. _ _ ,_n__ ____ ;_< __>____----.-->-.....--=--"""""-,.>-~o,...,-~--.....,;-.,~,.--·--' >. .,~,þ_""'~........,....._~~_ -. . I' XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.7 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 [8] August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 D September 7,2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 ("") c:> o=i <- ~-< D Administrative D Development Plans -<0 c::: 0:-,"'" ¡- NATURE OF D Consent Agenda D New Business N i-CO mC) AGENDA ITEM [8] [8] - .:~:! -< Public Hearing Legal ~.~:z D Bids D UnfInished Business " (/) - -".. -- 0 Oz D Announcement D Presentation .r::- ..." .. ..."ro D .r::- -fTI City Manager's Report 0 0» Pl ("") :I: RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. The City Commission postponed this item at the June 15, 2004 meeting at the request of the applicant. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3rd Street DESCRIPTION: Request to rezone from General Commercial District (C-4) to Industrial District (M-l). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A _.' City Manager's Signature Planning and Z g Director City Attorney / Finance / Human Resources S :\Planning\SHARED\ WP\PRO S\F1orida CoIlision Ctr\LUAR\Agenda Item Request - Florida CoIlision Ctr LUAR 04-005 rezone 1st reading 8-3- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC ; 1 I 2 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, 5 REGARDING THE APPLICATION OF 6 FLORIDA COLUSION 7 CENTER/BOYNTON BEACH RE 8 ENTERPRISES, INC., AND ANDREW 9 COHEN, AMENDING ORDINANCE 02-013 10 OF SAID CITY BY REZONING VACANT 11 PROPERTY CONSISTING OF TWO 12 PARCELS, FROM GENERAL 13 COMMERCIAL DISTRICT (C4) TO 14 INDUSTRIAL DISTRICT (M-I); 15 PROVIDING FOR CONFLICTS, 16 SEVERABILITY AND AN EFFECTIVE 17 DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 21 said City; and 22 WHEREAS, Florida Collision Center/Boynton Beach RE Enterprises, Inc, 23 and Andrew Cohen, owner of the property more particularly described hereinafter, 24 has heretofore filed a Petition, through its agent, Carl A. Cascio, P.A., pursuant to 25 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a tract of land consisting of 27 approximately 0.52 acres, said land being more particularly described hereinafter, 28 from General Commercial District (C-4) to Industrial District (M-I)CBD; and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 testimony and received evidence which the Commission finds supports a rezoning 31 for the property hereinafter described; and S:\CA \Onlinances\Planning\Rezoning\Aorida Collision. doc " '..-_-,-.- _,"u___..-..._.~~_...._....___..._______~.;.,_______<~~_~___ -- -~~---'-' ~~--.....-~~._-þ-.- -'~--'--I' .. 1 WHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 11 Section 2. The following described land, located in the City of Boynton 12 Beach, Florida as set forth as follows: 13 Parcel #1 14 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 15 hereof, ARDEN PARK, Addition to Boynton Beach, Florida (nlkla Boynton Beach), 16 according to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records 17 f Palm Beach County, Florida 18 19 20 21 arcel #2 22 e East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK 23 ddition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 24 , Page 96, Palm Beach County, Florida. 25 26 and the same is hereby rezoned from C-4 General Commercia1 District to M-l 27 dustrial District. A location map is attached hereto as Exhibit "A" and made a part of 28 his Ordinance by reference. 29 Section 3. That the aforesaid Revised Zoning Map of the City sha11 be amended S:\CA \Ordinances\PIanning\Rezoning\FIorida Collision.doc 1 accordingly. 2 Section 4. All ordinances or parts of ordinances in conflict herewith are 3 hereby repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 6 not affect the remainder of this Ordinance. 7 Section 6. This ordinance shall become effective immediately upon passage. 8 FIRST READING this _ day of ,2004. 9 SECOND, FINAL READING and PASSAGE this _ day of ,2004. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 ATfEST: 27 28 29 City Clerk 30 31 (Corporate Seal) S:\CA \ÛTdinances\Planning\Rewning\Aorida Collision.doc " - -~'~"_..'-"--r.-___.~ ~",-____~~..,......_,...-_ -...0- ,_._. ...,--<>--~-~~_ -. _ ,. '__r_~ __,_~-__~_~ ____~~_~.__...,_'''.u_<. -,"- ....._'""_~.__« -_ . ------.~-~--'<,--.-.....--.. I' _"".. . .v.~ .WIMr 902 NE 3rd STREET ~ c Q I a ~ ." - : PPGI 2 GC I q. ~ 2!. 50 100t 2Weet DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, PI81U1er TIIROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: ¡we 2, 2004 PROJECf DESCRIPTION ProJectI AppUcant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P .A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3111 S1reet File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4. General Commercial District Proposed change/use: To reclassify' from General Commercial (GC) to Indus1rial (I) and to rezone from C-4 General Commercial District to M-l Industrial District Adjacent Land Uses aDd ZolÚDg: North: Right-of-way for NE 9th A venue. then vacant parcel designated Local' Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right-of-way for NE 8th Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. East: Developed property (auto repair and towing - Florida Collision Center) designated fudustrial (l) and zoned M-l, fudustrial District. West: Right-of-way for NE 3M Street, then developed property (palm Beach County Head Start daycare and the city's Public Works' facility) designated Public and Private Govemmenta1lInstitutional (pPGI) and zoned PU, Public Usage. "_d~o '.' _/___"'".____~_.~_._.____.~~___...."..___~__~<>'__. -~'-- "'-<._.--~.......~------'---_.- - , . ~._.~-_.~,-=_.~.-~----..."'''--.- Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the prQpOsed land use amendmentlrezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property under the same land use designation and zoning category; and · Will increase the supply of land with M-Ilight industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently pmchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-confonning use under the current zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use under current C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly ftom the Head Start daycare center located to the west of the property. across from NE 3111 Street. . . PROJECf ANALYSIS The subject parcel totals ±O.S2 acre. Because of the size of the property under considerati~ the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the s1ate and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, A.dministration and Enforcement, Item C. Comprehensive Plan A.mendments: R~onings. 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. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning· department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consisteDt with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element ro guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of u.s. 1 and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area b01mded by N. Railroad Avenue on the east, NE 3nl Street on the west, NE 3nl Avenue on the south and NE gth Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hWTicane evacuation zone. b. Whether the proposed reZoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with ~he protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is loca~ and within the industrially zoned area along the N. Industrial A venue, are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of 1he Head Start child care facüity west ofthe subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3nl Street on the east side ftom General Commercial District to M-l Industrial District, thus expanding the existing industrially zoned area. The sbrinking supply of lands with the industrial designation in recent years may create future location problems for indus1rial and marginal . _'< .....__ '"n _. -_~- ~ -...' -,_ - - ~--'"~--- --,~.~~ h·~_'_'_~o-"",·_» Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important. to the economic fabric of the city by providing valuable services and employment opportunities. This applies to all land classified industrial. 'The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-I and may ultimately be reclassifiedlrezoned to further the Federal Highway Conidor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compattòle with the current and future use of adjacent and nearby properties. It will not atreet the property values of ~acent or nearby properties. However, the appropriate screening of the properties fronting NE 9 Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9th A venue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion òf the industrial zoning district, beyond what is reconunended by the Heart of Boynton Commwrity Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3111 Street and NE 9th· A venue, which represent a permanent separation of the industrial from the surrounding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable œder the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have neglig¡òle impact on the city as a whole, but, as argued in point (c). it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSIONSlRECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATIACHMENTS O:\LU.u.IPIorida CoII/aIon CcDIa'ISIIIrRcport fI Collilloa Ceafa'.doc _________ .____.________~____~_.__~, r'_ ""-",_,,,,_=..__._o_'~' ->_ _._.c_o.< -:_~",.-",-.--,___.~"_,,,_. -~- -- . '__'--~_._~_'-"'_~__-"<'"__ _ _"_ _II LUCATION MAP 902 NE 3rd STREET f Cf Q I a « .", - ~ PPGI 2 GC I .. . -+- ~ 2!, 50 100 150 2Weet XII. - LEGAL ITEM B.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2,2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 (") o November ]6,2004 0 n=i o September 21,2004 (Noon) September 7, 2004 (Noon) November I, 2064 =1-< C- --<0 c r- (-, ., '" CO 0 Administrative 0 Development Plans - -'Ie) 2-< NATURE OF 0 Consent Agenda 0 New Business -0 ·'~Z (j) -j AGENDA ITEM ::J: 0 0 Public Hearing [8J Legal Oz .- ~ 0 0 .. -.,OJ Bids UnfInished Business .¡;::- - f'T1 0 0 0 gJ> Announcement Presentation . ("') ::r: 0 City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this item under Consent Agenda on July 20, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-132. EXPLANATION: PROJECT: Auto Repair in Commercial Master Plans (CDRV 04-004) (C-3 Zoning District) AGENT: Michael S. Weiner, Weiner & Aronson, P.A. OWNER: Walter H. Janke and Grove Plaza C, LLC LOCATION: Southeast comer of Lawrence Road and Hypoluxo Road DESCRIPTION: Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in stand-alone buildings within connnercial master plans in the C-3 zoning district. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D~;,ecto' , ~ City Manager's Signature ¡U¿ anning and Zoning Dir or City Attorney / Finance / Human Resources S:\P]anning\SHARED\ WP\sPECPROJ\COD VIEW\CDRV 04-004 Auto Repair\Agenda Item Request Auto Repair Comm Master Plan CDRV 04-004 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.C. 6 TO ALLOW MINOR AUTO REPAIR AS CONDITIONAL 7 USES IN STAND-ALONE BULDINGS WITHIIN 8 COMMERCIAL MASTER PLANS IN THE C-3 ZONING 9 DISTRICT; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission, upon recommendation of the Planning and 14 evelopment Board and the Community Redevelopment Agency, does deem it appropriate 15 nd in the best interests of the citizens and residents of the City of Boynton Beach, to amend 16 e Land Development Regulations of the City of Boynton Beach to a]]ow minor auto repair 17 s conditional uses in stand-alone buildings within commercial master plans in the C-3 18 oning district; 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COl\tIMISSION OF 20 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing whereas clause is true and correct and is now ratified and 22 onfinned by the City Commission. 23 Section 2. Chapter 2. "Zoning", Section 6.C.1.cc of the Land Development 24 egulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 25 e words and figures in underlined type, and by deleting the words and figures in struck- 26 ough type, as fo]]ows: 27 Section 6. C.l.cc(2) On sites of greater than five (5) acres and less than seventy-five 28 (75) acres, an such uses shall be located either (i) in a shopping center and within the 29 principal building of the shopping center or (ii) within a commercial master plan in 30 which event such building may be free standing;" 31 Section 3. Each and every other provision of the Land Development Regulations 32 ot herein specifically amended, sha]] remain in fu]] force and effect as originally adopted. 33 Section 4. An laws and ordinances applying to the City of Boynton Beach in 34 onflict with any provisions of this ordinance are hereby repealed. 35 Section 5. Should any section or provision of this Ordinance or any portion 36 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 37 ffect the remainder of this Ordinance. 38 Section 6. Authority is hereby given to codify this Ordinance. \CA \Ordinances\LDR Changes\Arndending LOR - Chapter 2.- Minor Auto Repair.doc .-~-"~ .... } _~~_-""_"""'''~~x_"'''-~_____'''-'____'_~___~__' .- >_ ___r__'_'__'= <.__ .-_~_"._ ______~...~__.._r . ,. 1 Section 7. This Ordinance shall become effective immediately. 2 FIRST READING this _ day of August, 2004. 3 SECOND, FINAL READING AND PASSAGE this _ day of 4 ugust, 2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 TIEST: 22 23 24 ity Clerk 25 26 :\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.- Minor Auto Repair.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-132 TO: O1alrman and Members Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP ff Planner DATE: June 17, 2004 SUBJeCT: CODe REVIEW I CDRV 04-004 Minor Automotive Repair allowed. In subordinate building within a "Commercial Master Plan". NATURE OF REQUEST Mr. Michael S. Weiner, representative for the property owners of Parcel B & C of Grove Plaza, Is requesting that minor automotive repair uses be added to the list of conditional uses In the C-3 Community Commercial (C-3) zoning dlsbict. Specifically, the applicant Is requesting that the code be modified to allow minor automotive repair businesses as conditional uses In the C-3 zoning district when said uses are located In "free standing buildings" within a "Commercial Master Plan", thereby amending O1apter 2, Zoning, SectIon 6.C.1.cc.(2) to read as follows: "(2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located either: OJ In a shoppIng center and withIn the ptindpal buildIng of the shoppIng center !lr (if) withIn a commercial master olan In which event such buildlno may be tree standing:" It should be noted that the effects of the subject request, if approved, would be citywide (I.e. all properties within the C-3 districts). BACKGROUND The Oty's Occupational Ucense section categorizes minor automobile repair businesses consistent with the North American Industry Classification System (1997), which was fonneriy the Standard Industrial Oasslflcatlon Manual (1987). According to the Occupational Ucense section and the NAICS, wide ranges of businesses are dasslfled as Minor Automotive Repair. The City Issues licenses for minor automotive repair with the following categories: #561620 - Auto Alarm System Installation; #811122 - Auto Glass Installation I Window l1ntlng; #811111- Auto Mechanical Repair; #811191- Automotive 011 O1ange & lube Shops; #811198 - Automotive Services NEC; #811190 - Auto Detailing I Washing <__. _~~~_~~ .__;_~_____o~_ __~~,,,,,,,,~"_,____~ ~- -,- '_'__._"=_~"'.'H<O~~'_____ ~ Page 2 CDRV 04-004 The aty currently has licensed a total of SS businesses that are considered minor automotive repair. The classification "Auto Alarm System Installation" Is the Industry where businesses are engaged In selling alarm systems along with the Installation, repair, monitoring services or remote monitoring of electronic security alarm systems. The" Auto Glass Installation I Window Tinting" classification Is where businesses are engaged In replacing, repairing, and I or tinting automotive vehicles, such as passenger car, truck, and van glass. There are five (5) businesses currently operating In the city (with valid occupational licenses) under this classification. "Automotive Mechanical Repair" deals with providing repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. This classification accounts for the vast majority of minor automotive repair licenses In the city. Establishments In this Industry group employ mechanics with specialized technical skills to diagnose and repair the mechanical and electrical systems. The" Automotive 011 Change & Lube Shops" dasslficatlon comprises those establishments primarily engaged In changing motor 011 and lubrication of the chassis of automotive vehicles, such as passenger cars, trucks, and vans. In 2004, two (2) occupational licenses have been Issued for businesses under this heading, namely at Wal-Mart and Jiffy Lube International. However, an Interesting trend has occurred over time with regard to repair shops associated with gas stations. Over time, the aty has witnessed a loss of many auto repair activities that operated as accessory uses to the gas stations. Once considered the Industry norm, the auto repair aspect of the gas station Is now converted to convenience store and or additional product sales area. ANALYSIS Minor automotive repair uses are currently allowed as a conditional use (with specific restrictions such as parcel size) In the C-3 zoning district and as a permitted use In the General Commercial (C-4) and Industrial (M-l) zoning districts. They may also be allowed In the Planned Commercial DIstricts (PCD) and Planned Industrial Development (PID) as well. The applicant did not provide any written justification for the code amendment to the C-3 zoning dlsb1ct. However, In todaýs convenience driven market, many companies conducting minor automotive repairs (I.e. Jiffy Lube, Midas Muffler, Rrestone, TIre Kingdom, Precision Tune, 60 Minute Auto TInt) are looking to locate In commercial hubs or strip centers for the added exposure and to entice the shopping pUblic to stop In and have the vehicle maintained I repaired while they patronize the neighboring businesses. Staff has met several times with the applicant to discuss the possibility of constructing several buildings on Parcels B & C of Grove Plaza that when built, would accommodate minor automotive repair uses. The applicant submitted sketches showing the configuration of four (4) multlple-bay buildings on the parcels. According to Chapter 2, SectIon 6.C.l.cc., minor automotive repair uses are not permitted on C-3 zoned parcels less than five (5) acres In area. As a conditional use, they are allowed on sites zoned C- 3 but only within the "principal" buildings of shopping centers that are greater than five (5) acres but less than 75 acres. The Intent of the code Is to discourage minor automotive repair uses on small lots and I or out-parœls of shopping centers zoned C-3. However, on sites greater than 75 acres (such as the Boynton Beach Mall), they are allowed In separate (subordinate) buildings and not just solely relegated to the principal building. Exlstina bU$inesses Generally, heavy commercial and Indusb1al areas are consolidated to areas that are tucked away from commercial nodes and public view. Minor automotive repair businesses are thus permitted uses In the C-4 and M-l zoning dlsb1cts. However, as previously mentioned, they are also allowed as conditional uses In the PCD zoning dlsb1ct. Conditional uses are those uses that are perceived to have a negative Impact and would· not be appropriate generally, or without resb1ct1on, throughout a zoning Page 3 CDRV 04-004 dasslflcatlon or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. Jiffy Lube at 1620 South Congress Avenue and BJ's Wholesale aUb, located 1540 West. Boynton Beach Boulevard are such examples of properties that were zoned to PCD and that have minor automotive repair uses within them, albeit In the principal building. According to Chapter 2, SectIon 6.G., the minimum area required to rezone a property to PCD Is three (3) aaes. The PCD zoning district also has substantfal setback and peripheral greenbelt requirements. The purpose of a PCD Is to provide a zoning dasslflcatlon for commerdal developments that would conserve natural amenities and allow for the mltfgatfon of negative Impacts that result from land development. For example, for exemption from the minimum acreage requirement for the auto repair use proposed In the C-3 zoning district, there must be a minimum 200- foot separation between the use and adjacent residential zoning districts. Basically, these requirements help to reduce the Impact of Incompatfble land uses. The applicant Inltfated a code review request. knowing that Parcel B & C of Grove Plaza could not be rezoned from C-3 to PCD because of Its size IImltatfon as well as the greenbelt requirements. In the C-3 zoning dlsbict, the proposed use would be allowed as a conditional use provided that It Is located within prlndpal building of shopping centers less than 75 aaes In area. An example of one such business Is the Wal-Mart llre and Lube Express located at 3200 Old Boynton Road. It must be noted that staff systematically rebuffs Inquiries and rejects occupational licenses requests for businesses proposed In stand-alone buildings or subordinate buildings within shopping centers. As previously mentioned, minor automotive repair uses are allowed within subordinate buildings In the C-3 zoning dlsbict provided that the project Is over 75 acres. There Is only one developed property In the aty of Boynton Beach that meets this criteria (The Boynton Beach Mall, which has a Sears Automotive located In a stand-alone building). Auto deslan and parklna The general Intent and purpose of the C-4 and M-l zoning dlsbict Is to provide adequate space for more Intense commercial and Indusbial uses. Therefore, automotive-repair uses are relegated to those aforementfoned areas that are heavy commercial or Industrial In nature. Accordingly, the Intention Is to separate these sites from less-Intense commercial actfvlly and resldentfal neighborhoods by virtue of the zoning dlsb1cts within which they are allowed. Staff has acknowledged that historically, many properties In the C-4 zoning dlsbict and M-l zoning dlsbict were designed and approved for heavy commercial and Industrial uses with lower parking demand than their commercial counterparts. However, these older sites have been converted for automotlve-lntenslve uses that possess higher off- sb'eet parkfng demaods. WIth respect to comparative parking requirements, Chapter 2, SectIon 11. H., provision of off-street parking spaces, SectIon 16.(f)(1) requires for Industrial, research and development, trades, wholesale, and warehouses: one (1) parking space per five hundred (500) square feet of gross floor area; plus requIred parking spaces for any other prfndpal uses, IncludIng offlce or retail floor area. SUbsection 16.(f)(6). requires one (1) parking space per eight hundred (BOO) square feet of gross floor area for wholesale, and warehouse uses. However, according to Subsectfon 16.(d)(24) automotive paint and body shops are required one (1) parking space for ~ve1Y three hundred (300) square feet of gross Ifoor area. In addition, each overhead door and Inter/or spray booth may be counted toward a parking space, provfded there Is a mInImum area, the size of a standard patfdng s¡iace, between an overhead bay door and an Interfor spray booth. However, In no case shall less than four (4) outside parking spaces be provided. Furthennore, Chapter 2, SectIon 16.(f)( 4), Including retail gasoline sales, retail automotive parts and I or accessories sales, and automotive repairs, Indudlng major repairs, but exdudlng automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross floor area. The problem ___,_~_ ,____""'_._~~__.»__. _,._,~." <,__~__. - - _._ __ __ __ - - ~_.__. ___ '0.--.-. -~-...........-_~--"~>' ... . -_.~._-----~-~-'--"""'¿~----'-- Page 4 CDRV 04-004 arises In situations when the auto repair operation becomes busler, the demand for extra parking spaces becomes more apparent This Is due to the accumulation of vehicles (either waiting to be serviced or rebieved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of llre Kingdom at 3030 South Congress Avenue, these older, heavy commerdal and Industrial sites are typically hidden and unseen from the major arterials. The parking requirements for automotive repair shops may be revisited during the re-wrlte of the Land Development Regulations. Regardless of future code amendments however, the current language also discourages auto-related uses and their assoCiated design characteristics (I.e. overhead bay doors, drive-through windows) on street frontages In commercial zoning dlsb1cts. In fact, Chapter 9 of the Land Development Regulations discourages locating overhead bay doors on facades that face heavily traveled corridors. The most familiar design element of an automotive repair shop Is, In fact, the overhead bay door so that vehicles can enter the building. Future ImDticatlons As mentioned earlier, under the current regulations, shopping centers zoned C-3 are actually allowed to have minor automotive repair shops as conditional uses but only If located within the prlndpal bulldlng(s). For example, a Jiffy Lube store could quite conceivably occupy a vacant bay In any number of the existing shopping centers zoned C-3, such as the Catalina Center, Wlnn-Dlxle, or Publlx: shops. However, this scenario Is unlikely due to the fact that automotive repair shops need appropriate and specific types of space for their setup. Nonetheless, there Is nothing In the current regulatlo~s that would specifically prohibit this potential scenario. On any given day, staff will receive Inquiries on whether or not an automotive repair use can locate In a stand-alone building on a small lot (under five aaes) or In an out-parcel of an existing shopping center. The automotive repair shop would not be allowed In these scenarios under the current regulations and neither does the dty want to encourage this type of development However, at this time, the applicant Is proposing to amend the current regulations to allow automotive repair shops within a freestanding building of a "commercial master plan". The reason: Parcels B &. C of Grove Plaza are lots that are under five (5) acres, zoned C-3 and are comprised of a group of properties that form a commercial master plan. If the proposed request were approved, then automotive repair shops would. be allowed on the aforementioned parcels. Initially, this seems to be a feasible solution, given the fact that Grove Plaza Is already a master -plan and that a commercial master plan Implies that a property was planned to accommodate these types of uses In the first place, as In the case of a PCD and C-3 zoned properties that were mentioned earlier In this report. A doser examination reveals something to the contrary. The code amendment could eventually allow automotive repair uses within subordinate buildings of shopping centers zoned C-3. Staff Is not overly concerned with automotive repair business locating In properties zoned C-4 or M-l. However, staff does have concerns about allowing these types of uses within out-parcels of shopping centers zoned C-3. Consequently, there Is little to stop the dty's shopping centers from requesting master plan approval of their own. To request master plan approval, a property· owner would submit plans for review that simply comply with the requirements of Chapter 3 of the Land Development Regulations. Since this Is the case, then an existing shopping center (lnduding the out-parcels and subordinate bUildings) could formally request master plan approval. Under the new language proposed by the applicant and upon successful completion of the master plan approval process, a typical shopping center located within a C-3 zoning district would then be considered a "commercial master plan", thus opening the door to minor automotive repair businesses In the out-parcels where they weren't allowed in the past. The Wendýs at Rlverwalk Plaza, Polio Tropical at Shoppes of Boynton, McDonald's at the Catalina Center, and Kentucky fried Chicken at Oakwood Square are all such examples of buildings that could be converted to allow minor automotive repair shops upon conditional use review and approval. If a need for the subject use Is Page 5 CDRV 04-004 substantiated, and If the typical out-parcel buildings do, In fact, offer the Ideal environment / structure, then the city may experience an exodus of minor automotive repair uses from the heavy commercial and Industrial zoning districts to the shopping centers. Also, there are some shopping centers that have out-parcels or subordinate buildings situated close to residential areas. One goal of the current code is to separate incompatible land uses from each other, such as automotive repair from residential. RECOMMENDATION It Is the opinion of staff that this code revision, If approved as requested by the applicant, would have an eventual negative citywide Impact on shopping centers zoned C-3. Staff Is concerned about the level of Impact on the citywide distribution of automotive repair uses and the public welfare within the commercial and Industrial zoning districts. Staff further believes that the subject use (If allowed as requested by the applicant) could Impact the retail / office fa~rlc of the C-3 zoning district and Its performance characteristics. Based on this analysis, staff recommends that this request to amend the dty's code to indude minor automotive repair establishments In commercial master plans (as conditional uses) within C-3 zoning district be considered for approval but only with the amended language prepared by staff to provide additional safeguards In Implementing this amendment: On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located In either a prfndoal bulldlno of a shopping center or In a subordinate stand-alone bulldlno and / or outDarœl wtthln -tJie a commerdal Master Plan, provided that the subordInate stand-alone bulldllto and / or.outDarcel wtthln a commerr:lal Master Plan Is not located between the ptfndpal buIlding eI-IJIe slNJpp/Rg ecntcr and an adfolnlno rfoht-of-wav or between the orfndoa/ bulldln.g and (lbuJtlng resldent/allv zoned property. The amended language would allow minor automotive repair uses as conditional uses In subordinate buildings of shopping plazas zoned C-3. The language proposed by staff recognizes the market demand, while at the same time preselVes the performance and design of the city's shopping centers, the health of heavy commercial/Industrial zoning districts, as well as residentially zoned properties. By initiating the conditional use requirement, individual sites can be reviewed for optimum layout, buffering, and operation In order to maximize compatibility with the surrounding area. The amended language proposed by staff would also help to further separate incompatible land uses. exhibits MR/elj S:\Plannlng\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-004 Auto RepaIr\Staff Report.doc _~ ~~___'_"'_''-''''_~''' __ ~.....>=_~_,,_o___,____ >--.'-'~__"-_'_'_ _.>,_.__-_.~~........>_....______ ·i· _._--->.._-~-_._~~~------~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.9 AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ August3,2004 (Noon.) July] 9,2004 o October 5, 2004 (Noon) September 20, 2004 o August] 7, 2004 (Noon) August 2, 2004 o October] 9, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August] 6,2004 o November 3, 2004 (Noon) October ]8,2004 (J o September 2], 2004 (Noon) September 7, 2004 o November ]6,2004 (Noon) November], 2~ n::¡ =1-< L -<0 ,-- 1- n-r, D Administrative 0 Development Plans N :-CJ '-"0 - ~-< NATURE OF D Consent Agenda 0 New Business -0 "'-;2: U) --f AGENDA ITEM D Public Hearing ~ Legal ::x:: 0 Oz .c:- ~ D Bids D Unfmished Business .. ~(I] .c:- - f"T1 D Announcement 0 Presentation - ê)þ. f"T1o D City Manager's Report :::x:: RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission approved this request under Consent Agenda on July 20, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-161. EXPLANATION: PROJECT: IPUD (CDRV 04-005) OWNER: City-initiated DESCRIPTION: Request to amend the Land development Regulations, Chapter 2 Zoning, Section 5. L. InfiII Planned Unit Development, providing additional standards for building design, usable open space and compatibility with surrounding development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature MÆ- Planning and Zoning ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\SPECPROJ\C REVIEw\CDRV IPUD\Agenda Item Re<uest IPUD CDRV 04-005 1st reading 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5.L. 6 INFILL PLANNED UNIT DEVELOPMENT; PROVIDING 7 ADDITIONAL STANDARDS FOR BULlDING DESIGN, 8 USABLE OPEN SPACE AND COMPATIBILITY WITH 9 SURROUNDING DEVELOPMENT; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City adopted the IPUD-Infi1l Planned Unit Development Zoning 14 egulations in June 2002; and since that adoption staff has become concerned that regulations 15 o not offer adequate protection to existing and stable single-family residential developments 16 hat may be adjacent to the infi1l projects; and 17 WHEREAS, the City Commission, upon recommendation of staff, approved a Notice 18 f Intent (NOI) for the IPUD Zoning District on January 20, 2004, and a six month period 19 as allocated for staff to complete a study and to initiate amendments to the Land 20 evelopment Regulations to ensure that the qualify of any Infill project approved under the 21 egulations is consistent with the stated intent of the zoning district and the Federal Highway I 22 orridor Redevelopment Plan; 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing whereas clause is true and correct and is now ratified and 26 onfinned by the City Commission. 27 Section 2. Chapter 2. "Zoning" , Section 5.L. of the Land Development 28 egulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 29 e words and figures in underlined type, and by deleting the words and figures in struck- 30 ough type, in the attached Exhibit "A". 31 Section 3. Each and every other provision of the Land Development Regulations 32 ot herein specifically amended, shall remain in full force and effect as originally adopted. 33 Section 4. All laws and ordinances applying to the City of Boynton Beach in 34 onflict with any provisions of this ordinance are hereby repealed. 35 Section 5. Should any section or provision of this Ordinance or any portion 36 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 37 feet the remainder of this Ordinance. 38 Section 6. Authority is hereby given to codify this Ordinance. :\CA\Ordinances\LDR Changes\Amdending WR - Chapter 2.-5.L. IPUD.doc __~....._..-~..o__~_~_.. .._.______~,_ '_'---'--~-'-'~~---'-.--~- -,..-...-......-.--.--..-. ., ----- .~ 1 Section 7. This Ordinance shaH become effective immediately_ 2 FIRST READING this _ day of August, 2004. 3 SECOND, FINAL READING AND PASSAGE this _ day of 4 ugust, 2004. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 TTEST: 22 23 24 ity Clerk 25 26 :\CA\Ordinances\LDR Changes\Amdending LOR - Chapter 2.-5.L. IPOO.doc 1 CHAPTER 2 - ZONING EXHIBIT A Sec. 5 Residential district regulations and use provisions L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with nonnal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. IntentieÐ and expectation§. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards in tenns of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how weB the above stated planning expectations are met in the proposed development plan. c. The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in tenns of land use compatibilities. The City may require, as a condition of approval, any limitation condition, or design factor that will provide a reasonable transition to adjacent development. d. In order to be approved, an IPUD project must be compatible with and preserve the character and sanctity of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPOO project wil1 not be entertained as a valid argument for the inclusion of that same feature in any other IPOO project if the City decides to reject those features. S:\CA\RAl\lPUD 07-21-04FinaJ.doc <~---..'----~'---"- _..........·.~v ~~~, .__O-'.,,-=-<.:_-_'-......-'·__"'-,_~O~-~~_ ~-_.~._,______ ___,.,__.--=~__..~_<" .___nO __.~ 2 2. Application process. a. The procedures and requirements for applying for rezoning to the IPOO district are the same as those for rezoning to the POO district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the IPOO is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c. The entire property proposed for development as an IPOO shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre Maximum lot area 5 acres Maximum height 45 ft. (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (Building): 50% Maximum density Detennined by underlying land use: . 10.8 dulac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC); or . 20 dulac for lands classified Special High Density Residential. Minimum usable open space per dweJIing unit: 4- ~OO sq. ft. Perimeter Setbacks Shall mirror setbacks of adiacent zoning district(s) but with a minimum of the setback reQuired for a single-family residence, as detennined by the orientation of structures in the IPOO. 4. Additional standards. a. Building design elements. (1) Massing. The þroportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding ~ (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for comµatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural fonn, and detailing to achieve design harmony and continuity. S:\CAIRAl\lPUD 07-2H>4Rnal.doc 3 (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing of a buildin~ and help break up monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation. projections, roof detailing. and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the vrotection and enhancement of any natural features of or adjacent to the site as an element in the overall design. a,-b.Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening should must be intended to shield neighboring properties from any adverse external effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. 1T.c.Pedestrian circulation. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access to public walkways shall be provided. b. M. Required Usable open space. (1) The usable open space, such as recl"ØatÎoß ar~as and passive common ownership areas,Shall be required for residential development projects and mixed-use residential projects.;. shall be designed to be available to every dwelling unit proposed. (2) This required usable open space shall be designed to maximize privacy and usability to the residents. Shall include active or passive recreational space; (3) Private courtyards, natural areas and water bodies shall not count toward required open space. Shall not be occupied by streets, drives. parking areas, or structures other than recreational structures; S:\CA\RAl"PUD 07-21-04RnaI.doc "'---"=----<-~--...............~~.,.,-- - -....- ------.-- -<"-< ---.=-~....,.__._- ~------ ."-~-~ «." - - ~. ------~- " 4 (4) Shan be designed to be available and accessible to every dweUing unit proposed; (5) Shall. where feasible, be centraHy located in the development; and (6) Shall not include private courtyards, natural areas and water bodies. G:e. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters shall must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being so as to be conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. e-:LMixed land uses. (1) Within the IPOO, mixed land uses may be proposed. (2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) Hov/ever, ~such development must be found compatible with adjacent uses and established design characteristics. (4) Compatibility will also be judged on how well the proposed development fits within the cont-ext of the neighborhood and abutting properties. Any commercial uses shall be small-scale retail and services. primarily to serve the residents of the IPOO, and not the public in general. (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the proiect with neither entrance nor exit on or visible from or disruptive to adjacent properties. streets. and rights-of-way. &. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adjacent structures shall be induded with the site plan application. S:\CA\RAL\lPUD 07·21·04RnaJ.doc 5 (2) If ve~etation, screening or other barriers and/or creative design on the perimeter of an IPOO achieve compatibility with adjacent uses, the City may grant some relief from the followin~ two requirements: a. Any IPOO located adjacent to an existing sin~le-family residential development{s) must locate structures of the same unit type or height allowed by the adjacent zoning district{s). b. Structures on the perimeter of an IPOO project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed thirty (30) feet. ill If an IPOO is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. hh. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. (2) Hovt'evcr, in no case shall health, safety and!{)r welfare be jeopardized. Roadways providin~ external connections to the City's street network shall meet all reQuirements contained in the City's Land Development Regulations. g-:h Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. fl.: j.o Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. S:\CA\RAl\lPUD 07·2H)4Rnal.doc , ---'--"'=--~-="---""""~""-~~-- ---~..-.---- - ".- - - . -< "".~,-<- ....~.. - . ·.-__._____~~....__..n -_ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-161 TO: Chairman and Members Communl~æopment Agency Board FROM Dick Hudso P THROUGH: Senior Planner -rWV Michael W. Rumpf Director of Planning and Zoning DATE: July 1, 2004 SUBJECT: IPUD-Infill Planned Unit Development Dlsbict (CDRV 04-(05) NATURE OF REOUEST Staff Is proposing amendments to the IPUD-Infill Planned Unit Development Zoning District to ensure compatibility of Infill redevelopment with adjacent existing single-family development, to clarify setback requirements, and to provide standards for building design elements. BACKGROUND . The Oty adopted the IPUD-Infill Planned Unit Development Zoning regulations in June 2002. After several developers used the regulations for projects in the Federal Highway corridor, staff became concerned that the regulations do not offer adequate protection to existing and stable single-family residential developments that may be adjacent to the Infill projects. On staff's request, the City Commission approved a Notice of Intent (NOI) for the IPUD Zoning District on January 20, 2004. A six-month period was allocated for staff to complete a study and to initiate amendments to the Land Development Regulations to ensure that the quality of any Infill project approved under the regulations is consistent with the stated Intent of the zoning disb1ct and the Federal Hlohwav Corridor Redevelooment Plan. Staff has worked closely with both the CRA Board and the Inlet Cove Association (INCA) through Individual meetings and workshops to develop amendments to the existing regulations and has Incorporated recommendations from those meetings In the proposed amendments. ANALYSIS In drafting the Initial regulations for the IPUD, It was staff's aim to provide a framework for developers to follow without resorting to overly specific rules. This worked for several exemplary projects. There are, however, those developers who will push regulations to the limit without regard for the character of existing development In the vicinity. WIthout strict rules to govern a development, It becomes difficult to provide an objective critique and reviewers are challenged to deny a poorly planned project, even when it does not carry forward the collective vision for the Federal Highway Corridor. s:~\WP\SPECPR03\COO REVlEW\CDRV lPUO\CDRVSrAfFREPT.DOC Page 2 CORV 04-005 IPUD-Infill Planned Unit Development The proposed amendments to the regulations provide more direction to developers as to how any project should fit Into. the context of existing development, while still omitting exacting standards. At the same time, these additions provide more opportunities for staff to ensure that recommendations for approval will only be given to projects that are consistent with the Intent of the zoning district. Successful Implementation of this ordinance Is dependant upon the Clty's not accepting anything less. The accompanying draft amendments Include additions to the "Intent and expectations" section, clarification of the requirement for unified control or common ownership, setbacks, standards for building design elements, additional standards for usable open space and compatibility requirements. Comments and recommendations received from INCA since staff's last workshop with the CRA are provided In italics and underlined (italics) on the accompanying exhibit" A". RECOMMENDATION Staff recommends that the proposed amendments to the IPUD-Inflll Planned Unit Development Zoning DIstrict be approved. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be Included as exhibit "B". exhibits S:\PlAHNING\SHAREWP\SPECPROJ\(X)O RfVJEW\CDRV JPUD\CDRVSTAFFREPr.DOC .. ~__~~_____~_--=---k t- '=.,",-__'_~M> _._.~___ _ ~._"",,,.~.___",,,,"_."~_ ~.< .,~..... ._-'_ _~.<'_' ~..-_.>.__o_",,-=__o~____ ~ .-."-~---- 1 CHAPTER 2 - ZONING EXHIBIT A Sec. 5 Residential district regulations and use provisions L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. IntentÍEm and expectatiol1§. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces dc' . . d setbacks, will be a dependent on how well the abov et in the proposed development plan. c. The IP ac surroundin ro . The City is not obligated to automatically am>rove the level of develoDment intensity reauested for the IPUD. Instead. it is expected to approve only such level of intensity that is aDpropriate for a particular location in terms ofland use compatibilities. The City may require. as a condition of approval. any limitation condition. or design factor that will provide a reasonable transition to adjacent development. d. In order to be apDroved. an IPUD proiect must be compatible with and preserve the character and aa1fCtity of adiacent residential nei~hborhoods. Further. it must be an enhancement to the local area and the city in general. Presentation of proiects that fail to do so will be denied. e. Each /PUD Droiect is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previouslv aD proved /PUD pro;ect will not be entertained as a valid argument for the inclusion of that same feature in anv other /PUD pro;ect if the City decides to re;ect those features. S:lPlannlngISHARED\WPlSPECPROJ\CODE REVIEWlCDRV 1PU000PUD 07-1444.doc 2 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control. so as to ensure unified development. 3. Development standards. Minimum lot area: 1 acre Maximum lot area 5 acres Maximum height 45 ft. (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (Building): 50% Maximum density Determined by underlying land use: . 10.8 duJac for lands classified High Density Residential (HDR) or Local mmercial (LRC); or for lands classified Special ensity Residential. Minimum usable open space per DR q.ft Perimeter Setbacks 111-_ n..backs of adiacent zoning district(s) but with a minimum of the setback required for a single-familv residence. as determined bv the orientation of structures in the IPUD. 4. Additional standards. a. Building design elements. 0) Massing. The proportions and relationships of the various architectural comµonents of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract ftom or dominate the surrounding area. (2) Materials. A variety of materials should must be utilized to provide visual interest to the buildings. Colors and materials should must be selected for compatibility with the site and the neÏlzhboring area. The exterior building design should must be coordinated on all elevations with regard to color. materials. architectural form. and detailing to achieve design hannony and continuity. S:IPIannIng\SHARED\WP\SPECPROJICODE REVlEWlCDRV IPUDIIPUD 07-14-04.doc ,-......~_...._-~<'----_-..----- ,~______~..._--',_ ,..,.~~____~o~_ ~,~u,.. _ ,~-~~~..;.~...,..,-----~-~-~- , ,. 3 (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing of a building and help break UD monotonous facades. A variety of features shøuld must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incOlporating the use of vertical and/or horizontal reveals. stepbacks. modulation. proiections. roof detailing. and three dimensional details between surface planes to create shadow line and break UP flat surface areas. (4) Overall design. Design of the proiect shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adiacent to the site as an element in the overall design. a:-b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening should must be iBtended to shield neighboring properties from any adverse &xtemal effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special . g the intrusion of automobile headlights on neighb and driveways. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) ill all cases, pedestrian access to public walkways shall be provided. b. e:d. Requked Usable open space. (1) The usable open apace, suea as reer-eation areas aBà passÏ'le eøæmOB ownership areas, Shall be required for residential development projects and mixed-use residential projects; shall be designed to be available to eYlery dwelling 11Ðit proposed. (2) This req11Ïf'ed usable open apace shaY be designed tø :maximize privacy and usability to the residents. Shall include active or passive recreational space: (3) PriY;ate eourtyards, Baual 8:fÐaB Ed water bodies sftall Bot emmt to·¡:8:fEl req11ired opeD spaee. Shall not be occuµied by streets. drives. parking areas. or structures other than recreational structures: S:\PIannloglSHAREO\WPlSPECPROJlCODE REVlEW\CDRV IPUI7IJPUD 07-14-04.do<: · 4 (4) Shall be designed to be available and accessible to every dwelling unit proposed: (5) Shall. where feasible. be centrally located in the development; and (6) Shall not include private courtyards. natural areas and water bodies. Eke. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters shall must be screened and designed such that they are not visible from or disruptive to ad;acent properties. streets. and rights-of-wav while still being so as to be conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. e;-f. Mixed land uses. (1) Within the IPUD, mixed land uses may be proposed. (2) Commerc yelopments fronting on streets classified as "arterial" on adways" map in the Boynton Beach Comprehensive (3) HewÐ'Ier, compatible with adjacent uses and established design characteristics. (4) Compati13i1ity will also be judged on how well the prepesed dØ'"/elopmeÐt fits "ithiB the eeBtmd efthe Beighbeœeed and abutting properties. Anv commercial uses shall be small-scale retail and services. primarily to serve the residents of the IPUD. and not the public in general. (5) Anv commercial uses must front on the arterial roadwav or on an access whollv contained within the pro;ect with neither entrance nor exit on or visible from or disruvtive to ad;acent properties. streets. and rights-of-wav. & Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this pwpose. elevations and cross-sections showing adiacent structures shall be included with the site plan application. S:\P1ann1ng1SHAREDlWP\SPECPROJICODE REVlEW\CDRV IPUDllPUD 07-14-04.doc , . ____,,.,...=~_.....-..-.__o..._-~"_..._~_ __~__.___~_ _ ___-"-,.r-.~~__...~ ___.~ _.<-.-..-........~~~_~_._._~........ -. -.~~-" .-.~.......-_._..- - --j> ,. 5 (2) Ifvegetation. screening or other barriers and/or creative design on aIeBg the perimeter of an IPUD do Bot achieve reasoBØ.ble compatibility with adiacent uses. the City may impose I!rant some relie(from the following two requirements: a. Any IPUD located adiacent to an existing single-family residential development( s) may be reqair-ed to must locate structures of the same unit type or height allowed by the adiacent zoning district(s) adiaÐœt to that d87:elopmœt. b. Structures loeated on the perimeter offue an IPUD nroiect. in addition to the basic setback requirements. must may be requii'eà tø be set back one (1) additional foot for each one (1) foot in height for that POrtiOB of the perimeter structures that exceed abe¥e thirty (30) feet. This additional setbaek. if impøsed. shaU be iB exeess of the basic setbaek reElwements. ill If an IPUD is located with frontage on the Intracoastal Waterway. conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the proiect's actual frontaI!e on the water. regardless of what any other governing or permitting entity may allow or permit. f-h. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered ·th . ts- - avement widths less than the requirements stated in the Ci t . However. in no case shall heal safe and/or welfare be . (2) . , . Roadwavs nroviding external connections to the City's street network shall meet all reauirements contained in the City's Land Development Regulations. ~L. Exterior lighting. Lighting of the exterior. parking areas and watercraft docking facilities of the planned development shall be of the lowest intensity and energy use adequate for its purpose. and shall not create conditions of glare that extend onto abutting pronerties. Jr.j~ Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features. tree growth and open ~ace. S:\Ptannlng\SHARED\WP\SPECPROJICODE REVIEW\CDRV IPUI:NPUD 07-14-04.doc XII. - LEGAL ITEM B.l0 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 Meetin¡! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office IZI August 3, 2004 (Noon.) July 19, 2004 o October 5,2004 (Noon) September 20, 2004 0 August 17, 2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 0 September 21,2004 (Noon) September 7, 2004 D Novemberl6,2004 (Noon) November I, 2004 0 Administrati ve 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing IZI Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Adoption of Ordinance to amend the Investment Policy of the General Employees' Pension Plan. EXPLANATION: On February 20, 2004, the Pension Board approved and recommended amending the Investment Policy to afford the pension plan greater flexibility in its investment allocations and enhance its investment opportunities. That is now brought before the City Commission in the form of this Ordinance. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Attorney Department Name mance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC " ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 2 FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 5 3 OF THE CODE OF ORDINANCES OF THE CITY OF 4 BOYNTON BEACH, FLORIDA TO AMEND THE INVESTMENT 5 POLICY OF THE GENENRAL EMPLOYEES' PENSION PLAN 6 TO AFFORD THE PENSION PLAN GREATER FLEXIBILITY 7 IN ITS INVESTMENT ALLOCATIONS AND ENHANCE ITS 8 INVESTMENT OPPORTUNITIES; SPECIFICALLY 9 AMENDING SECTION 18-145, ENTITLED, "INVESTMENT OF 10 FUNDS;" PROVIDING FOR CODIFICATION; PROVIDING 11 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 15 detennined the necessity to amend the tenns of the Investment PoJicy in order to meet 16 the investment needs of the Plan in an ever-changing investment market; and 17 WHEREAS, on February 20, 2004 the Board approved and recommended 18 amending the Investment PoJicy, as more particularly set forth herein; and 19 WHEREAS, it is the desire of the City Commission to adopt the changes in the 20 Investment PoJicy as recommended by the Board; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" cJauses are hereby certified as 24 being true and correct and are incorporated herein by this reference. AU exhibits 25 attached hereto are hereby incorporated herein. 26 Section 2. The City Commission of the City of Boynton Beach hereby 27 amends the Investment PoJicy for the General Employee's Pension Fund, as approved 28 and recommended by the General Employees' Pension Board of Trustees on February CODING: Words in struck through type are deletion from existing law. Words in underscored type are additions. Page 1 of 8 S:\COWP\JANEnGeneral Employees Pension Plan - Amending Investment Policy. doc -- ~ -.--"'..._--- < .___ ~....0__4.·~~_,______~_o__.~__~__-.._........,-___~_......~~_.~ - ---.-...-............,-. . ORDINANCE NO. 1 20, 2004, by specifically amending § 18-145 of the City Code of Ordinances as 2 follows: 3 .. . 4 (d) General Obiectives. 5 (1) The prmary investment objective of the Boynton Beach General 6 Employees' Pension Fund is the preservation of invested capital. The 7 secondary objective is to achieve moderate long-term real growth (after 8 inflation) while minimizing the volatility of returns. 9 (2) To achieve these objectives, the Board seeks to create a well- 10 diversified and balanced portfolio of high quality equity, fixed income and 11 money market securities. The Board has determined that one or more outside 12 Investment Managers shall be retained to assure that all investments are 13 managed in both a prudent and professional manner and in compliance with the 14 stated investment guidelines. 15 (e) Investment Obiectives. 'S (1) Investment objectives are intended to provide quantifiable ..7 benchmarks to measure and evaluate portfolio return and risk. Most investment 18 styles require a full market cycle to allow an Investment Manager to 19 demonstrate his abilities. A full market cycle is generally defined as a three to 20 five year time period. As a result, performance objectives will be measured 21 over three to five year periods. Monitoring shorter periods may be used to 22 determine the trend of performance premiums or deficiencies. 23 (2) The specific investment objectives of the Bovnton Beach 24 General Employees' Pension Fund are as follows: 25 (A) Primary Objective: 26 I. To earn an average rate of return over the long 27 term (3 to 5 years) which exceeds the return of a Target Index. 28 The Target Index for the Bovnton Beach General Employees' 29 Pension Fund is defined as a 55% investment in the Russell 3000 30 Stock Index, a 10% investment in the Europe Austrailasia and 31 Far East Stock Index ŒAFE) and a 35% investment in the 32 Merrill Lynch Master Bond Index. Page 2 of 8 CODING: Words in struck tm-oegh type are deletion from existing law. Words in underscored type are additions. S:\CC\WP\JANE1\General Employees Pension PIan - Amending Invesunent Policy.doc .. I ORDINANCE NO. 1 H. In addition. it is expected that the total rate of 2 return earned wiJI rank above average when compared to a 3 representative universe of other. similarly managed portfolios. 4 (B) Secondary Obiective: a further goal of the Boynton 5 Beach Genera Employees' Pension Fund shall be to achieve an average 6 annual rate of return greater than the absolute return of 8%. over the 7 longer term. This absolute return objective will be evaluated in the 8 context of the prevailing investment market conditions. 9 (C) Volatility: The volatility of the Fund's total returns is 10 expected to be similar to that of the Target Index and will be evaluated 11 accordingl y. 12 (3) The investment objectives set forth herein have been established 13 for the entire Boynton Beach General Employees' Pension Fund. The specific 14 investment objectives for each investment manager wiJI be outlined in separate 15 documents which shall be addenda hereto and incorporated herein to this 16 overall Statement of Investment Policy. 17 (èf) Investment Guidelines. 18 (1) The Board of Trustees has established the following target asset 19 allocation for the entire Boynton Beach General Employees' Pension Fund: 20 Target Target Allocation Range (at market) (at market) Equity securities ~5% 30% -~75% I Fixed income securities #%35% 30% - 70% I Cash 0% 0% - 10% 21 (2) To implement this strategy, the Board has chosen to hire one or 22 more professional investment managers. Specific assignments and additional 23 guidelines for each Investment Manager will be outlined in addenda to this 24 section. The following guidelines and restrictions apply to all fund 25 investments. 26 (3) In accordance with the policies established by the Board of 27 Trustees, the assets of the Boynton Beach General Employees' Pension Fund 28 shall be invested in a diversified portfolio of fully negotiable, equity, fixed Page 3 of 8 CODING: Words in struek throagh type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANE1\General Employees Pension Plan - Amending Investment Policy. doc .--_.. T . ~."" -""'.,.---..~<- . ''--~--~~~-;<.~-~''"'''--''''~--- "....._.~ .----<.. >"-~<_~~_"-'-'-'-__n <-o-to- ORDINANCE NO. 1 income, and money market securities, provided they meet the following 2 criteria: 3 a. Equity securities: 4 1. Investments in equity securities shall be limited to 5 no more than 1Q%75% at market valuation vahle or 60% at cost I 6 valuation of the fund's total asset value; 7 2. All equity investments shall be limited to fully 8 and easily negotiable equity securities; 9 3. No more than 5% at cost value of an Investment 10 Manager's equity portfolio may be invested in the shares of a 11 single corporate issuer; 12 4. Investments in stocks of foreign companies shall 13 be limited to 20% (at cost) of the total investment portfolio; 14 5. Ißyestment in equity securities whose market 15 capitalization is less than $3 billion shall be limited to 20% of 16 the total equity portfolio; -7 ~ö é~. Investment in those corporations whose stock has I 19 been publicly traded for less than one year are limited to 15% of 20 the equity portfolio; and 21 :+§. . Equities may be managed through the purchase of 22 open-end, no-load mutual funds or commingled funds.:.... as IORg 23 as these funds in aggregate Those securities\funds purchased 24 directly by investment advisors are expected to adhere to the 25 equity guidelines herein. The Board implicitly accepts the 26 poJiCY of a mutual or commingled fund when it makes a direct 27 investment. 28 b. Fixed income securities: 29 1. The fixed income portfolio shall comply with the 30 following guidelines: 31 (A) The average credit quality of the fixed 32 income portfolio shall be rated "A" or higher; and Page 4 of 8 CODING: Words in stI1:1ek through type are deletion from existing law. Words in underscored type are additions. S:\CaWP\JANE1\General Employees Pension Plan - Amending Investment PoIicy.doc ,. ORDINANCE NO. 1 (B) The duration of the fixed income portfolio 2 should be less than ~135% of the duration of the I 3 market index. The market index is defined as the Merrill 4 Lynch Government Corporate Master Bond Index. I 5 2. Investments In all corporate fixed Income 6 securities shall be limited to: 7 (A) Those securities rated "BAA" or higher by 8 Moody's or by Standard & Poor's rating services. Fixed 9 income securities, which are downgraded below the 10 minimum rating, shall be sold at the earliest beneficial 11 opportmuty; 12 (B) Securities issued by a corporation 13 organized under the laws of the United States, any state 14 or organized territory of the United States, or the District 15 of Columbia; and 16 (C) No more than 10% at cost of an 17 Investment Manager's total fixed income portfolio shall 18 be invested in the securities of any single corporate 19 Issuer. 20 3. Investments In Collateralized Mortgage 21 Obligations (CMOs) shall be limited to 15% of the market value 22 of the Investment Manager's total portfolio and shall be 23 restricted to issues which meet all of the following criteria: 24 (A) All issues must be backed by mortgage 25 securities issued, guaranteed, or fully insured by the 26 Government National Mortgage Association (GNMA), 27 the Federal Home Loan Mortgage Corporation 28 ~C), the Federal National Mortgage Association 29 (FNMA) or that are rated "Aaa" by Moody's or "AAA" 30 by Standard & Poor's rating services; and 31 (B) i\ll issues must pass the FFIEC High Risk 32 Security Test on aÐ aÐßual basis. l\ny CMO issue held in 33 the Ißyestment Manager's portfolio that fails the FFIEC 34 test sRall be sold at the earliest beneficial opportunity. Page 5 of 8 CODING: Words in struck thmugR type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANET\General Employees Pension Plan - Amending Investment Policy. doc '~.._.........----.....- ~.... ----...- -- -.---~"'..._~-,-""'-->;""'.......-'.-~_., ,~- -_._--.'<~" ._-~=_....-- <~ J........~~_._~-<.-___ _~ > _ _ ~-~I' ORDINANCE NO. 1 4. There is no limit imposed on investments in fixed 2 income securities issued directl y by the United States 3 Government or any agency or instrumentality thereof. 4 5. Fixed income securities may be managed through 5 the purchase of open-end, no-load mutual funds or commingled 6 funds.:... as 10Rg as these funds in aggregate Those securitieslfunds 7 purchased directly by investment advisors are expected to adhere 8 to the fixed income guidelines herein. The Board implicitly 9 accepts the policy of a mutual or commingled fund when it 10 makes a direct investment. 11 c. Cash Equivalent Securities. 12 1. The investment manager may invest only in the 13 foJlowing short-term investment vehicles: 14 (A) The money market or STIF provided by 15 the Plan's custodian; 16 (B) Direct obligations of the United States 17 Government with a maturity of one year or less; ...8 (C) Commercial paper with a maturity of 270 19 days or less that is rated A-lor higher by Standard & 20 Poor's or P-l or higher by Moody's; and 21 (D) Bankers acceptances issued by the largest 22 50 banks in the United States (in terms of total assets). 23 4. Prohibited Investments. Investments in interest only or principal 24 only CMOs, precious metals, limited partnerships of any kind, direct I 25 investment in real estate, repurchase agreements, venture capital, futures 26 contracts, options contracts, municipal bonds, trading on margin and short 27 seJJing are prohibited. Investments not specifically addressed in this section are I 28 considered prohibited investments. 29 5. Review of Policy. It is the intention of the Board of Trustees of 30 the Boynton Beach General Employees' Pension Fund to review this Statement 31 of Investment Policy and its addenda periodically to amend it to reflect any 32 changes in philosophy or objectives. However, if at any tie the Investment 33 Manager believes that the specific objectives defined herein cannot be met or Page 6 of 8 CODING: Words in struck tßroøgh type are deletion from existing law. Words in underscored type are additions. S:\CC\WP\JANE1\General Employees Pension Plan - Amending Investment Policy.doc ¡t I ! I I ORDINANCE NO. 1 that these guidelines unnecessarily constrict perfonnance, the Board shall be so 2 notified in writing. 3 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of 4 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 5 such conflict. 6 Section 4. If any clause, section, or other part or application of this 7 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 8 invalid, such unconstitutional or invalid part or application shall be considered as 9 eliminated and so not effecting the validity of the remaining portions or applications 10 remaining in full force and effect. 11 Section 5. This Ordinance shall become effective when the following have 12 occulTed: 13 (a) the City Commission has received and has accepted a report establishing 14 the actuarial soundness of these amendments; and 15 (b) when a collective bargaining agreement ratifying the foregoing changes to 16 pension benefits has been ratified by the City Commission and the General 17 Employees' Pension Board of Trustees, or their successor organization. 18 Upon satisfaction of all of the above requirements, then in that event, the tenns 19 and provisions of this Ordinance shall become effective. FIRST READING this _ day of ,2004. Page 7 of 8 CODING: Words in strack through type are deletion from existing law. Words in underscored type are additions. S:\COWP\JANE1\General Employees Pension Plan - Amending Investment Policy.doc ~- us -..-.........~_' _ -Û'_~_'-__=""'~~"_"'_=_O. '_'--'__.__. ___"'.__,>,,~_ --.~-.'~..._-""",-.~,.------- -<>-.... I ORDINANCE NO. I ¡ SECOND, FINAL READING and PASSAGE this - day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern A TIEST: Commissioner CITY CLERK Commissioner (CORPORATE SEAL) Page 8 of 8 CODING: Words in streck through type are deletion from existing law. .. Words in underscored type are additions. S:\CaWP\JANE1\General Employees Pension Plan - Amending Investment Policy.doc XII. - LEGAL ITEM B.ll . 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 [8] August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3,2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [8] Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 3, 2004 City Commission Agenda under Legal, Ordinance - First Reading. The Planning and Development Board on July 27,2004 with a 7-0 vote recommended that the subject be APPROVED with a recommendation that the uses be treated as conditional uses when ftonting on both arterial and collector roadways. The Community Redevelopment Agency Board recommended approval on July 13, 2004, and that special provisions not be included for non-confonning uses, thereby allowing them to become legal, non-confonning. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-167. EXPLANATION: PROJECT: Non-residential uses in single-family zoning districts (CDRV 04-008) OWNER: City-initiated DESCRIPTION: Request to amend Chapter 2, Zoning, Section II with the addition of supplemental regulations to establish location, minimum lot area and ftontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIV: S' N/A ~ â City Manager's Signature Plannin nd Zoning Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 04-008 Non-residential uses in single-family\Agenda Item Request Non-residt. uses in single-family 1st reading CDRV 04-008 8-3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-167 TO: Chair and Members Community Redevelopment Agency Board FROM: Michael W. Rumpf ~e.- Director of Planning and Zoning DATE: July 8, 2004 SUBJECT: CODE REVIEW I CDRV 04-008 Non-residential uses within residential (single-family) zoning districts NATURE OF REQUEST AND SUMMARY Staff is proposing amendments to the land Development Regulations intended to reduce potential negative impacts upon single-family neighborhoods from non-residential uses. The proposed amendments would add locational requirements, minimum lot size and frontage standards, landscaping and buffering requirements, and the conditional use process for selected non-residential uses proposed within any zoning district limited to single-family homes. Staff concludes that churches, schools, and day care uses should continue to be allowed within residential zoning districts. However, since they often perform inconsistent with residential environments, particularly in terms of traffic characteristics, additional regulations are warranted. Staff recommends that chUrches and schools (similar to day care uses) should be restricted to 1 acre or greater parcels located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to adequately screen them from adjacent residential properties. Staff also recommends that churches and schools within single-family zoning districts be allowed by right when fronting arterial roadways and be treated as conditional uses when fronting collectors. The intent is to allow for the appropriate case-by-case review and application of additional requirements to address potential incompatibilities such as outdoor play areas, project size, etc., and to facilitate public notification and involvement. To provide direction and support for the subject analysis that is facilitated by the conditional use process, staff further recommends that specific text be included that describes the necessity to maintain uses that function compatibly with residential neighborhoods. BACKGROUND Following the site plan approval of a church within an R-1-AA, Single-family zoning district, in 2003, and the realization of the potential impacts upon single-family neighborhoods from non-residential uses, staff proposed to the Commission the use of the Zoning in Progress process to postpone processing of any similar requests while the city zoning regulations were evaluated. A corresponding Notice of Intent (NOI) was approved by the Commission on February 17,2004. The NOI was approved for a period of 6-months, during which time staff would complete a study and if necessary, propose code amendments to ensure the continued preservation of single-family neighborhoods. The analysis of the code is completed and recommendations formulated for Board and Commission consideration. ANALYSIS Existing regulations The city's single-family zoning districts include R-1-AAA, R-1-AAB, R-1-AA, R-1-A and R-1. The list of those uses currently allowed within these districts is as follows: . Page 2 . CDRV 04-008 a. Single-family homes; b. Churches/places of worship on a minimum of one (1) acre with a minimum frontage of 150 feet (and accessory uses), daycare and pre-school requiring conditional use approval; c. City-owned and operated facilities; d. Private golf courses and associated clubhouse and recreational facilities; e. Primary and secondary schools, seminaries, colleges and universities as conditional uses; f. Home occupations confonning with respective supplemental regulations; g. Community residential homes with 6 or fewer residents subject to state laws and distance separation; and h. Nursery schools, day care centers and other preschool facilities as conditional uses and confonning with respective supplemental regulations. The newest item to this list is item "h", nursery schools, which was added following a private petition in 1999, which was justified, in part, by the general and geographic needs for such uses, and the close relationship between single-family neighborhoods and nursery school/day care uses. City staff supported this addition to the zoning regulations, contingent upon the inclusion of location and site standards necessary to minimize impacts upon single-family neighborhoods. These requirements were placed in Section 11. Supplemental Regulations of the City's zoning code. The use "nursery schools", and the corresponding supplemental regulations were used, in part, as a basis for conducting this review and fonnulating appropriate code amendments. Historically, such non-residential uses, mainly churches and schools, have been pennitted uses within single-family zoning districts, as such uses typically selVed residents within the adjacent neighborhoods. Since such uses were primarily attended by local residents, the size of such uses would be proportional to the subject neighborhood, and vehicular traffic impacts would be minimal. In essence, such uses were compatible with the residential environments within which they were located. However, significant changes in population growth, mobility, and social characteristics have significantly changed the basic "neighborhood" and what are cohesive non-residential uses. Non-residential uses that do not primarily selVe adjacent neighbors, have higher traffic characteristics, which may exceed those which are nonnal to a single-family neighborhood. Since such uses could always potentially selVe a portion of local residents, and warrant maximum zoning district options, non- residential uses should not be removed entirely from single-family zoning districts. Proposed amendments Staff used the analysis and conclusions from the previous code review regarding day care uses, and conclude that the principal impacts of such non-residential uses related to traffic, and can be avoided by limiting them to properties at the periphery of single-family zoning districts. Traffic and other incompatible factors would be addressed by a few recommended code amendments, as described below. Location: Non-residential uses could be limited to the periphery of single-family zoning districts by restricting them to specified types of roads. This method was used in accommodating day care uses within residential districts, which limits them to only properties that have frontage along state and county arterials, and county collectors. This allows them in close proximity to residential environments yet prevents or minimizes traffic impacts upon local streets. Lot size and frontaae: By establishing a minimum parcel size and frontage, only those parcels that can accommodate proper site design, including parking areas, building location, and the aforementioned landscaping and buffering requirements, are used for such non-residential uses. Staff recommends that the minimum Page 3 CDRV 04-008 acreage standard of 1 acre currently applicable to churches, continue for all churches, and also apply to schools, leaving the one-half (0.5) acre standard in place for day care uses. Staff also recommends the addition of a minimum frontage requirement to prevent narrow and deep properties from being used for churches and schools. This requirement is appropriate as the potential for impacts will increase as design options are reduced, including the reduction in distance between parking areas and homes. Staff recommends that a minimum standard of 150 feet be required for churches and schools. Staff does not recommend an increase in the minimum land area for day care uses, nor the addition of a frontage requirement for day care uses, as such uses typically have minimal impacts on residential neighborhoods being attributed to operational characteristics, minimal parking needs, and project sizes. Bufferina and landscapina: The peak operations of many churches occur during the quieter periods of residential neighborhoods. Further, the characteristics of churches and schools that are most incompatible with residential environments are primarily vehicles and parking areas, and secondarily, outdoor recreational areas. Therefore staff recommends that additional buffering and landscaping requirements apply along parking or vehicle use areas. Staff recommends a minimum buffer width of 5 feet, along vehicle use areas, and that the "barrier" landscaping requirement apply. A landscaping barrier is currently required in specified situations where a solid screen is warranted to adequately buffer certain uses immediately upon planting. The minimum width of 5 feet would double the buffer width currently required, would increase the physical distance between uses, and provide the needed space for the improvements required to comprise a landscape "barrier". Additional width and plantings may be required depending on the distance separation between parking and other active areas and adjacent homes. The conditional use requirement, as recommended below, would facilitate the requirement for appropriate and greater buffering as just described. Staff also recommends that existing regulations be amended to also add this bufferlbarrier standard to day care uses. Conditional use: In order to allow for the case-by-case review and application of appropriate site or other requirements, as necessary to address site or operational impacts, staff recommends that churches and schools fronting collector roadways also be conditional uses. This will also ensure that unique site characteristics are properly reviewed, such as outdoor play areas, and that appropriate notification of, and involvement by, affected residents. existing uses The potential always exists to create non-conforming uses through more restrictive code amendments. With respect to public schools, only one elementary school is zoned a single-family district (R-1), but located consistent with the proposed locational criteria. As for future locations, location and property criteria of the school district will likely exceed any standards proposed herein. However, in the unlikely event that a school site is identified that does not meet the roadway standards recommended by staff, and if the community supports such a location, than a code amendment would be warranted. With respect to churches, after a cursory review of church locations, staff identified seven (7) churches possibly operating within a single-family zoning district and not located on an state or county arterial, or county collector. These existing churches would therefore become "non-conforming" under the proposed amendments, unless provisions were included, similar to that which is applicable to day care uses, exempting pre-existing uses from the new restrictions to allow minimal site improvements and expansions. However, the conditional use requirement should still apply to such uses to facilitate the appropriate review against changes that would further impact adjacent residential properties. As for the locations of existing, potential non-conforming churches, three (3) of the seven (7) churches described above are located within the Heart of Boynton Redevelopment Area; however, the majority of churches within this redevelopment area are not zoned a single-family district, and would therefore Page 4 CDRV 04-008 not be affected by the proposed regulations. Comparison analysis The comparable regulations of only two adjacent jurisdictions were considered in this analysis, the Cities of lake Worth and Delray Beach. Both jurisdictions cUlTently have corresponding regulations that are more restrictive than cUlTently in place in Boynton Beach. Both Lake Worth and Delray Beach simply subject both churches and schools, proposed within single-family zoning districts, to the special exception or conditional use process, and lake Worth only allows day care uses as ancillarv to a permitted use in a single-family zoning district. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's land Development Regulations be approved. Staff further recommends the extension of the Notice of Intent by a minimum of one (1) month to allow time to adopt the corresponding ordinances prior to its expiration. MR S:\PIamlnglSHARED\WPlPROJECTSICOOE REVIEWlNon-Residenlial Uses (Chuches. schooIs..)\Staff Report-non residential uses In sf districts rev.doc ORDINANCE NO. 04- XII. - LEGAL 1 ITEM 8.11 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5. 6 AND SECTION 11.e. PROVIDING FOR THE ADDITON 7 OF SUPPLEMENTAL REGULATIONS TO EST ABUSH 8 LOCATION, MINIMUM LOT AREA AND FRONTAGE, 9 LANDSCAPING AND CONDITONAL USE 10 REQUIREMENTS FOR NON-RESIDENTIAL USES 11 PROPOSED WITHIN SINGLE F AMll... Y ZONING 12 DISTRICTS; PROVIDING FOR CONFLICTS, 13 SEVERABilITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, staff has proposed amendments to the Land Development Regulations 17 intended to reduce potential negative impacts upon single family neighborhoods from non- 18 residential uses, which would add locational requirements, minimum lot size and frontage 19 standards, landscaping and buffering requirements, and the conditional use process for 20 selected non-residential uses proposed within any zoning district limited to single family 21 homes; and 22 WHEREAS, the City Commission, upon recommendation of staff, does hereby 23 deem it appropriate and in the best interests of the residents of the City of Boynton Beach to 24 approve the amendments to the Code as hereinafter set forth; 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clause is true and correct and is now ratified 28 and confirmed by the City Commission. 29 Section 2. Chapter 2. "Zoning" , Section 5. of the Land Development 30 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 31 the words and figures in underlined type, and by deleting the words and figures in struck- 32 through type, as follows: 33 Section 5. Residential district regulations and use provisions. 34 A. R-l-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district 35 regulations will create the lowest population density of not more than 3.48 dwelling units 36 per acre. 37 1. Uses pennitted. Within any R-l-AAA single-family residential district, no 38 building, structure, land or water shall be used except for one of the foHowing uses: 39 a. Single-family dwellings including the garages and other customary S:\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 5 and ]] - non residential uses.doc · , i 1 accessory tmildffigs:- Carports are not allowed. Disaster shelters are pennitted. The shelters 2 are to be used only for the designated purpose in times of danger. 3 b. Churches~ and other places of worship~ with their attendant 4 accessory uses, including daycare and pre-school facilities* confonning with Section 11.C 5 hereinafter, providin!?: for a minimum site of one acre with a minimum of one hundred fifty ~ - 6 (150) foot frontage, Nursery schools, primary and secondary schools and colleges and 7 universities are not to be construed to be an accessory use to a place of worship by these 8 regulations. 9 *** 10 e. Primary and secondary schools, seminaries, colleges and universities 11 confonning with Section 11.C hereinafter. * 12 Section 3. Chapter 2. "Zoning", Section 11.C of the Land Development 13 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 14 the words and figures in underlined type, and by deleting the words and figures in struck- 15 through type, as follows: 16 1l.C. NURSERY l\ND/OR OTHER PRESCHOOL FACILITIES NON- 17 RESIDENTIAL USES IN SINGLE-F AMIL Y ZONING DISTRICTS: 18 19 1. Day care and other preschool... 20 *** 21 3. The following applies to facilities to be located within zoning districts limited to 22 single family homes: 23 *** 24 c. Minimum site size for day care and other preschool faciJities shall be ef I 25 one-half (0.5) acre; 26 d. Minimum site size for primary and secondary schools, colleges. 27 seminaries, universities, churches and other places of worship shall be one (1) acre with a 28 minimum frontage of one hundred fifty (J 50) feet. 29 d. ~ Minimum separation requirement. .. 30 e;~Similar buffer (."all) regulations for commercial uses A minimum 31 buffer width of five (5) feet and meeting barrier landscaping requirements shall be required 32 for all parking and vehicle use areas and outdoor recreation areas that abut residential 33 zoning districts should apply, and dDistances between outdoor play areas and adjacent 34 single family homes shall be maximized. S:\CA\Ordinances\LDR Changes\Amdending WR - Chapter 5 and II - non residential uses.doc , 1 . 2 3 Section 4. Each and every other provIsIon of the Land Development 4 Regulations not herein specifically amended, shall remain in full force and effect as 5 originally adopted. 6 Section 5. All laws and ordinances applying to the City of Boynton Beach in 7 conflict with any provisions of this ordinance are hereby repealed. 8 Section 6. Should any section or provision of this Ordinance or any portion 9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 10 not affect the remainder of this Ordinance. 11 Section 7. Authority is hereby given to codify this Ordinance. 12 Section 8. This Ordinance shall become effective immediately. 13 FIRST READING this _ day of August, 2004. 14 SECOND, FINAL READING AND PASSAGE this _ day of 15 August, 2004. 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 19 Mayor 20 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 30 31 Commissioner 32 AlTEST: 33 34 35 City Clerk 36 37 S:\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 5 and 11 - non residential uses.doc