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Agenda 07-20-04 . _."" ~ _: . ~-... .=I',,~.,.~ ~",'-,d,~....,,u¡.~'~_.:.·...£~-w'.i:t"?t:~~';',i..<.:~:.>,.~*..~.;:~_>" .,~ ...~____,.,.s¡,,,,,---"&~~:';;.;;:,,,.¿~;,:t<~k~~~'"å;...jc~~~~' ~": ."<,~ ., .~.. "J. "-.';;.:~ " .:.,.-.... ~ - "::'"" ~- .. - ~. '..... --. c ~i::ki¿~;,.;~~..;,~~¿t'i¡ù¡;~~:¡,:i~~'i,-d,~·; " ~/Ì £' , L./t¿,....,.,,~- The City of 7 -/4-/'1 . Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA JUL Y 20, 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). OITY OF BOY.NTON BEAOJI REGULAR CITY COMMISSION MEETING AGENDA July 20, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Dr. Marshall Cook - Boynton Beach Congregational United Church of Christ C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: None 2. Brief Summary and Presentation of Commemorative Artwork - Presentation by Valorie Moats and Carisse Lejeune 3. Award Certificate of Appreciation to Utilities Department Employees Relative to Sewer Leak of June 19, 2004 4. Award Certificate of Completion to Commissioner Bob Ensler for completion of the Institute for Elected Municipal Officials IV. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE UMITED 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 July 20, 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 I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled(2) III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled(2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled(2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled(2) IV McKoy Cemetery Board Alt 1 yr term to 4/05 II McCray Code Compliance Board Alt 1 yr term to 4/05 I Ensler Code Compliance Board Reg 3 yr term to 4/05 Tabled(2) III Ferguson Education Advisory Board Alt 1 yr term to 4/05 IV McKoy Education Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Edùcation Advisory Board Art 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 Tabled (3) IV McKoy Planning & Development Reg 2yr term to 4/05 III McKoy Police Officers' Pension Plan Reg 2 yr term to 4/05 Tabled(2) IV McKoy Senior Advisory Board Alt 1 yr term to 4/05 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 Meeting Minutes - July 2, 2004 2. Regular City Commission Meeting Minutes - July 6, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the bid for the "ANNUAL CONTRACf FOR MEDICAL AND DRUGS SUPPUES", BID #061-1412-04/JA, to various vendors with an estimated annual expenditure of $35,000 (contract period: 6/24/04 thru 6/23/05) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 2. Award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS", BID #064-2510-04/0D, to WASTEQUIP/dba INDUSTRIAL REFUSE SALES of Eaton Park, Florida, in the amount of $100,000 3. Approve the "piggy-back" of the City of Margate, Contract #8998, to Safety Equipment Company for the purchase of Turnout Gear in the amount of $28,674.65 4. Approve the "piggy-back" of the City of Fort Myers, Bid #68-03-04, awarded to H. C. Warner, Inc. for the purchase of Cartridge Filters in the estimated amount of $25,000 5. Approve the purchase from Kustom Signal, Inc. 20 in-car video cameras and four (4) motorcycle cameras at a cost of $128,220, a workstation and server to upload and maintain a 5-terabyte database to store video images at a cost of $60,000 (All funding from Police Forfeiture Funds) C. Resolutions: 1. Proposed Resolution No. R04-112 Re: Amending Rule #18 of the Cemetery Rules & Regulations regarding flowers at the Mausoleum 2. Proposed Resolution No. R04-113 Re: Supporting Amendment #1 and Amendment #2 to the Gas Tax Interlocal Agreements 3. Proposed Resolution No. R04-114 Re: Declaring the public necessity of acquiring four (4) parcels of property for the purpose of building a new community center that will replace Wilson Center, refurbishing Wilson Pool and improving the adjacent park 4. Proposed Resolution No. R04-115 Re: Ratification of Deed Conservation Easement from the City of Boynton Beach to the South Florida Water Management District (INCA Project) 5. Proposed Resolution No. R04-116 Re: Acceptance of Deed Conservation Easement from Levitt Commercial High Ridge II, LLC to the City of Boynton Beach 6. Intentionally left blank 7. Proposed Resolution No. R04-117 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Karen Crickenberger for the property at 1065 James Road, Lantana, Florida (Hypoluxo Ridge, LT 19 (less E 20 FT) & E 40 FT of LT 20 3 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 8. Proposed Resolution No. R04-118 Re: Approving amendments to the CH2M Hill Task Order #2 in the amount of $232,140 yielding a revised contract amount of $528,199 for Fire Station #2 9. Proposed Resolution No. R04-119 Re: Approving an agreement with the Florida Department of Environmental Protection, Office of Greenways and Trails, along with South Florida Water Management District, to formally designate Palmetto Green Linear Park as part of the Florida Greenways and Trails System 10. Proposed Resolution No. R04-120 Re: Approving Task Order No. U04-16-02 to PBS&J to provide professional engineering services for the SE Federal Highway Corridor Water Main Replacement and Stormwater Improvements Project in the amount of $290,781 11. Proposed Resolution No. R04-121 Re: Changing the State Housing Initiatives Partnership (SHIP) local Housing Assistance Plan to Increase the local maximum purchase price for existing homes from $130,000 to $155,000 and increase the local maximum purchase price for newly constructed homes from $145,000 to $170,000 12. Proposed Resolution No. R04-122 Re: Opposing the proposed Florida Power & Light transmission line routes along Woolbright Road from the western corporate limits of the City east to Congress Avenue and on Congress Avenue south to the corporate limits of the City; encouraging Florida Power & Light to evaluate other routes for the proposed transmission lines D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Waterside (NWSP 04-003) - East side of South Federal Highway, between Palmer Road and Chukker Road - Request for a new site plan approval for 113 fee-simple townhomes and related site improvements on a 7.29-acre parcel in a proposed IPUD zoning district 2. IPUD (CDRV 04-005) - Request to amend 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 3. The Promenade (NWSP 04-009) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district 4 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 4. The Promenade (NWSP 04-002) - Northeast corner of North Federal Highway and Boynton Beach Boulevard - Request for a height exception of 17' to allow the peak of a decorative tower to extend above the 150' maximum height provision in the Mixed Use High Intensity (MU-H) zoning district 5. Auto Repair in Commercial Master Plans (CDRV 04-004) - Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C, to allow minor auto repair as conditional uses in stand-along buildings within commercial master plans in the C-3 zoning district 6. Urban Parking Requirements - Mixed Use (CDRV 04-007) - Request to amend Chapter 2, Zoning, Section 11.H, reducing parking ratios for multi-family, hotel and marina uses in mixed-use projects within the CBD zoning district F. Authorize the use of Community Investment Funds from Mayor Taylor ($3,422), Commissioner Bob Ensler ($1,000), Commissioner Mack McCray ($2,000) and Commissioner Carl McKoy ($2,000) for the Peacemaker Program of the Boynton Beach Faith-Based Community Development Corporation G. Authorize payment to Florida East Coast Railway Co. LLC in the amount of $42,197.69 for crossing rebuilt at Martin Luther King, Jr. Boulevard H. Approve the release of a cash surety for Villa Del Sol development in the amount of $15,895 I. Return cash bond of $220 to David Miller for the project known as Harmon Glass J. Return the cash bond of $8,580 to Shakman Construction Co., Inc. for the project known as Krispy Kreme K. Return the cash bond of $750 to Vitacost.com for the project known as Vita cost L. Accept the written report to Commission of purchases over $10,000 for the month of June 2004 for information purposes M. Approve three (3) additional Inspection positions within the Building Division of the Department of Development VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None 5 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 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 AT APPLICANTS 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: Boynton Village (LUAR 04-006) Agent: Ruden, McCloskey, Smith, Schuster & Russell, P.A. Owner: Klatt Family Limited Partnership Location: Between Congress Avenue and the LWDD E-4 Canal and south of the C-16 (Boynton) Canal Description: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban; and Request to rezone from R-1-AA single-family residential to Suburban Mixed Use (SMU) Proposed Use: Mixed-use development of +81.814 acres containing retail, office and residential uses. C. Project: Boynton Town Center (LUAR 04-007) Agent: Ruden, McCloskey, Smith, Schuster & Russell, P .A. Owner: Klatt Family Limited Partnership Location: Northeast corner of Congress Avenue and Old Boynton Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial; and Request to rezone from R-1-AA single-family residential to C-3 Community Commercial Proposed Use: Commerc!al retail development of +25.00 acres. 6 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 D. Project: Waterside (ANNEX 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 annex 7.29 acres of property in connection with the request to build 113 fee-simple townhomes and related site improvements E. 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 Land Use Map from Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential; and Request to rezone 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 F. Project: Boynton Seafood (ABAN 04-002) Agent: Rodney Regan Owner: Jim Hanson and Carter Logan Location: 1022 North Federal Highway Description: Request for abandonment of a portion of a 20' wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision G. 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 H. Project: NW 8th Avenue (ABAN 03-011) Agent: City-initiated Location: Approximately 400' west of Seacrest Boulevard between Lots 154 and 155 of Block C, and Lots 154 and 155 of Block D, Boynton Hills Subdivision Description: Request for abandonment of a portion of an unimproved 50' wide road right-of-way for NW 8th Avenue adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision 7 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 I. Project: Comprehensive Plan Text Amendments (CPTA 04- 004) Figure 4-Functional Classification of Roadway Map Owner: City-initiated Description: Request to update Transportation Element data & analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors J. Project: Transportation Concurrency Exception Area (TCEA) (CPTA 04-003) Owner: City-initiated Description: Request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA K. Project: The Promenade (REZN 04-002) Agent: Weiner & Aronson, P.A. Owner: Boynton Beach Waterways Investment Associates, LLC Location: Northeast corner 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 L. Project: Comprehensive Plan Text Amendments (CPTA 04- 002) Suburban Mixed Use Owner: City-Initiated Description: Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use- Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development IX. CITY MANAGER'S REPORT: A. Intentionally left blank B. Approve Agreement for the Environmental Remediation of Old Mangrove High School (PROPOSED RESOLUTION NO. R04-124) 8 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 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 (July) 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 (9/14/04) D. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) E. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 04-012 Re: Amending the Future land Use Element of the Comprehensive Plan to establish a Development of Regional Impact (DRI) as a land use designation, and corresponding policies for The Renaissance Commons DR! (FKA Motorola DR!) that documents its approval, uses, densities and intensities and approved traffic generation; providing for conflicts, severability and an effective date (TABLED ON JUL Y 6;. 2004) 2. Proposed Ordinance No. 04-013 Re: Amending Ordinance No. 02-061 of the City of Boynton Beach by adopting an amendment to The Renaissance Commons Development of Regional Impact, formerly known as The Motorola Development Order; providing for a savings clause, repealing provision, and providing an effective date (TABLED ON 04/07/04 ON SECOND READING AWAITING APPROVAL FROM DCA ON COMPANION ORDINANCES) (REMAINED ON TABLE ON JULY6;.2004) 3. Proposed Ordinance No. 04-014 Re: Regarding property located at the southeast corner of Congress Avenue and Gateway Boulevard (Renaissance Commons); amending Ordinance 89-38 by amending the Future land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the land use designation is being changed from Local Retail Commercial (lRC) and Industrial (I) to Development of Regional Impact (DR!): providing for conflicts severability, and an effective date (TABLED ON JUL Y 6;. 2004) 9 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 4. Proposed Ordinance No. 04-015 Re: Regarding the application of Compson Associates of Boynton II, LLC, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from PID (Planned Industrial Development) and C-3 (Community Commercial) to SMU (Suburban Mixed Use); providing for conflicts, severability and an effective date (TABLED ON JUL Y ~ 2004) 5. Proposed Ordinance No. 04-044 Re: Property Tax Assessment Exemption for Income Eligible Senior Citizens B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04-045 Re: Amending the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban (Boynton Village) 2. Proposed Ordinance No. 04-046 Re: Rezoning from R-1-AA single-family residential to Suburban Mixed Use (SMU) (Boynton Village) 3. Proposed Ordinance No. 04-047 Re: Amending the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial (Boynton Town Center) 4. Proposed Ordinance No. 04-048 Re: Rezoning from R-1-AA single-family residential to C-3 Community Commercial (Boynton Town Center) 5. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development 6. 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 member's pension by purchasing service credits for such military service served by the member 7. 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 another government entity 10 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 8. 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 9. 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 10. 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 11. 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 12. 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) 13. 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) 14. Proposed Ordinance No. 04-058 Re: Updating the Transportation Element data & analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors 15. Proposed Ordinance No. 04-059 Re: Amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as a Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA 11 Agenda Regular City Commission Meeting Boynton Beach, Florida July 20, 2004 16. 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 C. Resolutions: 1. Proposed Resolution No. 04-123 Re: Request to approve a Preliminary Rate Resolution for the Fire Assessment D. Other: 1. Ratify Settlement of Cost and Expert Witness Fees in connection with the Garnsey Hall Property Acquisition XIII. UNFINISHED BUSINESS: XIV. ADJOURNMENT: NOTICE IF A PERSON DEODES TO APPEAl ANY DECISION MADE BY THE OTY 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 OTY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE OTY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE OTY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA7/15/2004 11:46 AM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\072004 FINAL AGENDA.DOC 12 VIII.-PUBLIC LEARING CITY OF BOYNTON BEACH ITEM L. 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 7, 2004 March 15,2004 (Noon.) o June 1,2004 May 17,2004 (Noon) D April 20, 2004 April 5, 2004 (Noon) o June 15, 2004 May 31, 2004 (Noon) D May 4, 2004 April 19,2004 (Noon) D July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) [8] July 20, 2004 July 5, 2004 (Noon) C") c:> ö::::i 0 Adnùnistrative [8] Legal r :::i-< L- ..-<0 NATURE OF 0 Annmmcement 0 New Business c:: ('"')~ ;z::. rUJ AGENDA ITEM 0 City Manager's Report 0 Presentation '" J1'lO W ?J-< 0 Consent Agenda [g) PubJic Hearing ~% .." ø-4 0 0 ::s: 0 Code cômpliancelLegal Settlements Unímished Business 0% r ~tP .. _Pil c:> oJ> RECOMMENDATION: Please place this request on the July 20,2004 City Conmrission Agenda und~Publ:~ Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6 to I vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-134. EXPLANATION: PROJECT; Comprehensive Plan Text Amendments (CPT A 04-002) Suburban Mixed Use OWNER: City-Initiated DESCRIPTION: Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixèd Use- Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~el~ ~ . .' City Manager's Signature ItJl~ - ~ Planning and rung Drrector City Attorney / Finance / Húman Resources .\Planning'SHARED\WP\PROJECTS\Boynton ViUage-Boynton Town Center 1\CPTA O4-OO2\AgendaltemRequest Comprehen.PJan Text Amend. Suburban MU 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION ~~) MEMORANDUM NO. PZ 04-134 TO: Chairman and Members Planning and De eloRment Board FROM: Dick Hud , ior Planner THROUGH: Michael W. Rum;1\~ Director of Planning and Zoning DATE: June 10, 2004 SUBJECT: Mixed Use-Suburban (CPT A 04-002) INTRODUCTION The proposed text amendment is requested by Ruden, McClosky, et al. on behalf of Boynton Beach Place, llC and would amend Policy 1.16.1 of the Future land Use Element by adding a Mixed Use-Suburban (MX-S) land use category, provide for consistent zoning districts, allowed uses, density and intensity of development. The MX-S land use designation is proposed for portions of the two parcels of land located in the northeast quadrant of the intersection of Congress Avenue and Old Boynton Road; however, the designation could be applied to other lands in' the Oty located west of 1-95 that meet the requirements of the code. PROCEDURE A text amendment to the Comprehensive Plan is defined by Florida Statutes as a "large-scale" amendment, and is resbicted to the twice-yearly adoption schedule. large-scale amendments approved by the City are forwarded to the Florida Department of Community Affairs (DCA) for review and comment prior to adoption. This text amendment is a part of the second round of amendments for calendar year 2004. Adoption of this round is tentatively scheduled for November. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Currently, the Mixed Use land use designation is intended for application within the Oty's downtown and Community Redevelopment Area. The proposed sub-category will establish a mixed use designation for the areas of the City west of 1-95. The proposed Mixed Use-Suburban designation promotes a mixture of land uses, arranged either vertically or horizontally, within a single project, and must be guided by a development plan for the project that includes a single unified design. To be considered for land use , amendment to this designation, the property must front on an arterial roadway. The designation allows residential· dènsities up to 20 dwelling units per acre (du/ac) and up to 1.0 Roor Area Ratio (FARrfor non-residential/mixed use structures. Parking structures are excluded from FAR calculations. ¡ . ~~-^._~.'-'- --"_._~",--~...,,",,..~,,_. Page 2 File Number: CPT A 04-002 Mixed Use-Suburban PROPOSED TEXT (with proposed changes shown in underlined and bold text) Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future land Use Plan in accordance with the following descriptions of land use categories. . . Mixed Use-Suburban: This land use category shall be applicable to lands located west of 1-95. which consist of the SMU Suburban Mixed Usezoning.distrìct and/or any zoning district(s) which may be established in the future provided that the af?ovementioned zoning districts are shown on the Future land Use Map within the Mixed Use-Suburban land use category. The land use category allows for a diversity of land uses and accommodates and encourages a mixture of residential. office, retail. recreational. and other miscellaneous uses, which may be arranged either vertically or horizontally along major arterial roadways outside of the downtown redevelopment district. The uses allowed in this land use category shall be limited to. but shall not necessarily include the following: Business. professional. and administrative offices: financial institutions: funeral homes: places of , . worship: retail uses. personal services, and repair of consumer goods: wholesale of non- hazardous commodities: business services which are compatible with retail uses: entertainment, recreation facilities, amusements, attractions, and exoosition halls: lodging facilities: marinas and boat storage: passenger transportation facilities: residential uses with a gross density of not more than 20 dwelling units per acre: elementarv and high schools, and day-care services: police and fire stations: social and civic clubs and organizations: community centers: home occupations. A Roor Area Ratio (FAR) up to 1.0 may be considered for all non-residential uses, exclusive of parking structures. throughout the Mixed Use-Suburban land use category. Ranges of Allowable Percentages of land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%-70% The mix of uses proposed for any land develooment located in the Mixed Use-Suburban category shall be reviewed for aesthetics. design Quality and physical compatibility with adjacent land uses: shall be required to submit a plan that includes a single unified design of the project: and shall conform to any adopted design plan( s) for the area covered by the category . -,' ANALYSIS The suburban development pattern of the City of Boynton Beach west of 1-95 provides for uses to be well-separated from one another. The distances between the various uses have. forced the population to be increasingly more dependent on the automobile. Mixed use development patterns have typically been confined to urban areas and. the movement to extend their use to Page 3 File Number: CPTA 04-002 Mixed Use-Suburban suburban areas is relatively recent and desirable. The addition of a Mixed Use-Suburban land .') use category will permit the development of communities that are. pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways externàl to the community. The addition of a Mixed Use-Suburban future land use category will support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area. RECOMMENDATION Staff recommends the adoption of the proposed text amendment to provide for a Mixed Use- Suburban land use category in the Cityof Boynton Beach Comprehensive Plan. ATTACHMENTS S:\l'lilnnlng\SHARED\WP\PR()JECTS\Bo ~1!oyntDn Town Center l\CPTA 0+002\STAFF REPORT CPTA.doc .~~" .____~..~. ~"'ft "'..,......._..........._._""--_..--"'...~-._.~- ...--.~_. ,~~>.-~-.,-",~-""""-~' .-'". .--- , and hotel densities up to 40 dwelling units per acre are pennitted. A Floor Area Ratio (FAR) up to 1.5 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use category; however, a FAR of up to 2.0 may be considered for developments immediately abutting the Mixed Use-Core land use category or meeting other locational criteria. All land development located in the Mixed Use=Low Intensity 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. Mixed Use-Core: This land use category shaH, consist of all Mixed Use High . Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shan be limited to, but shan not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category; however, residential and hotel densities up to 80 dwelling units per acre are pennitted. · A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core 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 shan 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. Mixed Use-Suburban: This land use category shall be applicable to lands located west ofl-95. which consist of the SMU Suburban Mixed Use zonin~ district and/oranv zoning district(s) which maybe established in the future providedthat the abovementioned zoning districts areshoWIlon the Future · Land Use Map within the Mixed Use-Suburban land use cate~ory. . . The land use category allows for a diversity oflandùsesan<Í accommodates and encourages a mixture of residential, office. retail. recreational. and other miscellaneous uses. which may bearran~ed either vertically or horizontally alongmaior· arterial roadwayS outside of the doWfi~wn redevelopment district. City of Boynton Beaèh 1-19 Date: I>ecembet 2, 2003 CòmprehensivePIan Futme Land Use Element Amendments 03-02 Ordinance No. 03-039 .'---- . . The uses allowed in this land use category shall be limited to. but shall not necessarily include the following: . Business, professional. and administrative offices; financial institutions; funeral homes; places of worship; retail uses. personal services. and repair of consumer goods; wholesale ofnon.;.hazardous commodities; business services which are compatible with retail uses; entertainment. recreation facilities. amusements. attractions. and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; residential uses with a gross density of not more than 20 dwelling units per acre; elementary and high schools. and day-care services; police and fire stations; social and civic clubs . and organizations; community centers; home occupations. A Floor Area Ratio (FAR) up to 1.0 may be considered for all non-residential uses. exclusive of parkin~ structures. throughout the Mixed Use-Suburban land use cate~ory. Ranges of Allowable Percentages of Land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%-70% The mix of uses proposed for any land development located in the Mixed Use- Suburban category shall be reviewed for aesthetics. design quality and . physical compatibility with adjacent land uses; shall be required to submit a . , plan that includes a single unified design of the project; and shall conform to ? any adopted design planes) for the area covered by the category. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shan be limited to, but shall not .. necessarily include, the following: All uses allowed. in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding. and repair on a custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses - . Industrial: This land use category shall consist of all M-l and Planned Industrial Development zoning districts, and any other ÌIidustrial zoning districts which may be establish~ provided that all of the abovementioned ~ City ofBoyntQn Beach 1-20 Date: December 2, 2003 Comprehensive Plan Future Land Use Element Amendments 03-02 Ordinance No. 03-039 -'.--'-~~" -,,~,~.~,~-~.-.~~,,-'~'-_.~-~."~. A¡wointments to be made -7-20-04 Appointment Length of Term To Be Made Board EXDiration Date Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05 I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/05 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07fabled(2) III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07fabled(2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/0STabled(2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/0STabled(2) IV McKoy Cemetery Board Alt 1 yr term to 4/05 II McCray Code Compliance Board Alt 1 yr term to 4/05 I Ensler Code Compliance Board Reg 3 yr term to 4/0STabled(2) III Ferguson Education Advisory Board Alt 1 yr term to 4/05 IV McKoy Education Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Education Advisory Board Alt 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/05 II McCray Education Advisory Board Stu 1 yr term to 4/0STabled (3) IV McKoy Planning & Development Reg 2yr term to 4/05 III McKoy Police Officers' Pension Plan Reg 2 yr term to 4/0STabled(2) IV McKoy Senior Advisory Board Alt 1 yr term to 4/05 S:\CC\WP\BOARDS\APPMENTS\Board Year 2004\APpointments to be made - 7-20-04.doc APPLICANTS ELIGIBLE FOR APPOINTMENT - 07/20/04 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Arflin Cheryl K. Arts Commission 03/26/04 Blehar Jon B. P & D Board CRA 04/23/03 Diaz Ralph J. Recreation & Parks Senior Advisory 01/20/04 Board *Ewing Alyssa Children & Youth 03/08/04 Hollihan John F. Police Officers' 05/04/04 Retirement Trust Fund McMahon James R. P & D Board Recreation & 03/29/04 Parks Murray Rosalind CRA 02/24/04 Norem Stormet CRA Pereira Terrence P. CRA 05/05/04 Ramnarace Bali Recreation & Parks Children & Youth Code 03/24/04 Compliance Silberstein Enid Arts Commission 03/26/04 Slocombe Anderson P & D Board 09/10/03 * Eligible for student membership only ** Currently serving as a Regular Member on Planning & Development Board Revised 7/16/2004 S:\CC\WP\BOARDS\APPMENTS\Board Year 2004\Advisory Board Eligibility List - 07-20-04.doc IIl.-ANNOUNCEMENTS &. PRESENTATIONS CITY OF BOYNTON BEACH Item C.2 AGENDA ITEM REQUEST FORI 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 Dales 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) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report [8J Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Presentation of commemorative artwork and brief summary. EXPLANATION: Valorie Moats and Carisse LeJeune were invited to attend the 101'( Airborne Division's "Week of the Eagles" at Fort Campbell Kentucky, as part of a seventeen member delegation of the ASA (America Supporting Americans) and representatives of the City of Boynton Beach. The Delta Demons, D Company of the 101'( Airborne is the City of Boynton Beach's adopted unit through the ASA. The soldiers ofD Company presented Valorie and Carisse with commemorative artwork to show their appreciation for the support the soldiers received from the citizens of Boynton Beach during their one-year deployment in Iraq. The Mayor will accept the artwork on behalf of the citizens of Boynton Beach. PROGRAM IMP ACT: To recognize and thank the citizens of Boynton Beach for their support of D Company during Operation Iraqi Freedom. FISCAL IMPACT: None AL TERNA TIVES: To not permit the presentation. ,ff i.~ epartment Head's Signature ity Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III _ANNOUNCEMENTS It PRESENTATIONS CITY OF BOYNTON BEACH item C.3 AGENDA ITEM REQUEST FOR! 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 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) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report [g Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: To recognize the Utilities Department employees who responded to the sewage leak of June 19th 2004. Their efforts kept the sewage from backing up into resident's homes, businesses, and communities. EXPLANATION: Please refer to the attached memorandums regarding this leak. It was caused by the premature failure of a 16 inch pressurized sewer line. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A , ALTERNATIVES: N/A ~-= Utilities Department Name City Attorney / Finance / Human Resources S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Complimentary Memo TO: The Hydronaut Team Gloria Borges Arsenio Elizondo Gary Ezzell Liz Meeker Mark Phillips FROM: Steve Evans ~~~- Water Quality Supervisor DATE: June 29, 2004 Your response to the force main break on June 19,2004 at Lawrence Road and Boynton Beach Boulevard has been nothing less than outstanding. From Gloria's early Sunday morning collection of eleven canal samples to the current daily sample load of 36 canal and lake samples, you have worked tirelessly on days, nights and weekends to meet the ever-changing requests of the Health Department. So far, you have collected 326 environmental samples requiring 626 coliform tests including all appropriate dilutions. All these results have been counted, recorded and reported in an unbelievably expedient matter. This effort is an unprecedented display of what our lab can do when put to the test. Your service to this community and to those who use and enjoy the waterways in this area exemplifies dedication and stewardship. I am extremely proud to have you as teammates. Cc WRLT Employee File ------ '...._~O._,',. ~,--,,',...~--~........-~='-~.... ,,--_..~..<~' --<-- -~-- ,- .~~_..~' _~,__"L MEMORANDUM TO: Nem Gomez FROM: Rick Smith Utilities Mechanic III DATE: July 31, 2004 SUBJECT: Recognition for employees On June 19, 2004, our Sewer Crew responded to a sewer main leak on Boynton Beach Boulevard. This was not an ordinary leak, but a split 16" pipe that ran under the sidewalk on the North side of Boynton beach Boulevard. Also what made this a difficult leak to work on was the fact it is a force main off of 801 Master Station. In order to control the main flow was to have to shut down and disable the master lift station 801, which would be putting the collection system in danger of backing up into hundreds of homes. The Lift Station Mechanics and Sewer Crew had a diesel by-pass pump on site within the hour of 'the decision by Jim Hart, Tony Lombardi and Mark Bobich to get ready to shut down and bypass the station. During the time of the evaluation of the job and the crews had taken steps to ensure the public'.s safety, including closure of Westbound lanes of Boynton Beach Boulevard which was not·caB eaB'Ttask on a Saturday night and was very -dangec-oHS.. This work site was excavated with care not to cause any more damage to the split main and possibly causing an even bigger spIll. The equipment operators deserve a lot of recognition for their skill and patience working on this site, due to the very tight conditions in Boynton Beach Boulevard and high voltage lines over the work site. One slip of the bucket and this could have been deadly. During the excavation, our vactor operators kept fluid levels down to a minimum while the crew proceeded to cut the bad spot out of the pipe. This was no easy task. The workers were covered in sewage and working in a hot and potentially dangerous and foul smelling atmosphere, which would make anyone sick I am very surprised no one walked off the job. Later, after the work was under way, the Pumping Station's crew waited till the last minute of storage time and pumped the wet well down at Lift Station 801. This was to pump as little sewage into the canal as possible and still keep the residents' homes safe from backing up. That would have been disastrous. With that much sewage in the neighborhood homes, the city would have to pay thousands if not millions in damages to the residents. Jim Hart, Tony Lombardi, Mark Bobich were overseeing and making calls to various agencies to ensure a safe outcome to the end of this job. Jim Hart did not sleep for more than 48 hours. He was already on a job that morning along with some of the other workers and stayed late tiU Sunday evening. Some of the employees came in from Royal Palm, Pompano Beach and Lantana. These employees are highly dedicated to their job and are irreplaceable assets to the city. Tony Lombardi and Jim Hart will also give you some more information regarding this incident before it is submitted to the Commision. Here are some of the names of the employees: Tony Lombardi Jim Hart Mark Bobich Rick Smith Tina Smith Perry Staiano Nick Dellibovi Mike Taylor Mike Dazzo Barry Hall George Peck Chiris Olson Jeff Anderson Darren Antonucci Leon White Marvin Raqzz Dave Glass Andre and Eon of the Location Crew .,--~,,--- ~...¥_-- _ .,_'___'_~'____~____,',....~..............~.,,_.r ,,^_~____ Utilites Department employees who responded to the 16 inch sewage main break June 19th 2004 at 3925 West Boynton Beach Boulevard: Jeff Anderson, Equipment Operator Senior Darren Antonucci, Equipment Operator Mark Bobich, Environmental & Safety Coordinator Gloria Borges, Lab Tech Senior Mike Dazzo, Maintenance Mechanic Nick Dellibovi, Maintenance Mechanic Arsenio Elizondo, Lab Tech Senior Steve Evans, Water Quality Supervisor Gary Ezzell, Chemist lain Gayle, Location Specialist Senior David Glass, Heavy Equipment Operator Barry Hall, Welder Jim Hart, Assistant Supervisor, Utility Pumping Stations Liz Meeker, Lab Technician Chris Olson, Equipment Operator Senior George Peck, Crew Supervisor Senior Mark Phillips, Lab Technician Marvin Razz, Heavy Equipment Operator Andrae Robinson, Location Specialist Rick Smith, Maintenance Mechanic Senior Tina Smith, Heavy Equipment Operator Perry Staiano, Maintenance Mechanic Mike Taylor, Maintenance Mechanic Senior Leon White, Heavy Equipment Operator Utilites Department employees who responded to the 16 inch sewage main break June 19th 2004 at 3925 West Boynton Beach Boulevard: Jeff Anderson, Equipment Operator Senior Darren Antonucci, Equipment Operator Mark Bobich, Environmental & Safety Coordinator Gloria Borges, Lab Tech Senior Mike Dazzo, Maintenance Mechanic Nick Dellibovi, Maintenance Mechanic Arsenio Elizondo, Lab Tech Senior Steve Evans, Water Quality Supervisor Gary Ezzell, Chemist lain Gayle, Location Specialist Senior David Glass, Heavy Equipment Operator Barry Hall, Welder Jim Hart, Assistant Supervisor, Utility Pumping Stations I Liz Meeker, Lab Technician Chris Olson, Equipment Operator Senior George Peck, Crew Supervisor Senior Mark Phillips, Lab Technician Marvin Razz, Heavy Equipment Operator Andrae Robinson, Location Specialist Rick Smith, Maintenance Mechanic Senior Tina Smith, Heavy Equipment Operator Perry Staiano, Maintenance Mechanic Mike Taylor, Maintenance Mechanic Senior Leon White, Heavy Equipment Operator . _'__.._.....-=--...-_.....___T>~ ..-,.~-i<_-'-"'~____~_~~..,.......,"'_ . ;o~.__ ; -,' . ~, ;,,,.,;...~ - r ¡ ~- ~ -~~- Sewage from the cracked pipe was flowing down the storm drain at 3925 W. Boynton Beach Blvd. Bell South Cables above and next to the cracked 16 inch sewage line. Marvin Razz, Heavy Equipment Operator, dug safely in the area. . 6ft) ,'~ . '-0; ~, 'Ç' ''!t .~" ~-./ ",;1# '" ~.. :....' " " c/ ".#~ ..^' '\ ::, .<' ,·c·... T', ....'..... '> ,.':- '~.. ,':I, "'wt. , .' ,.,~. '" ~ c.", .. '. ,. """"~'~ .... }~! ". ...~.~. . ...,r, . ,'!:t'< " " .J< ~..~ "1\ , ~. ,i'f ¡,.' c '-' "',.., "\ . '" , "~" .. " , " ",' 'J.:.:~ ;', ".: ~,~ '¡;~. ...: ò-, ,~~¡'7";', l >_, · ill ~o.. .. ~ .~.. .. , '=,J,.~ .. ".. ,... 't ,....:.' II ;,' ~1Itt>,.. '~~ ~, ..: .".. "¿'C' ..-,:.~q,. \, <' . .. ,,¥.;~;'t ,.íí.' ¡ :.--~..' "', ,,' " '<'C"l' ({, -,' .' 'Ii - . - . . - . .... ~t·.A ~.'¿':::;¡;~'¡¡,,¡"~' ~. .,...... -.,. . .' -,', ... ....., -, .-, , ..,' -; ,';.:' :.+-;: ~~"; . ,;~ -'i' ~<~:. .-.. l' t/ ~. ..".. " -. ....- p"'f;':; .. ~ f:'t\ /i,' Af'1 t .,) > i\ \; 4~,-i , i" t~ " - ,'- , ~~ ~ ., - III.-ANNOUNCEMENTS & PRESENTATIONS Item C.4 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 City Clerk's Office Meeting Dates in to City Clerk's Office D April 6, 2004 March 15,2004 (Noon.) D June I, 2004 May 17,2004 (Noon) C") D June 15,2004 c:> n-i D April 20, 2004 AprilS, 2004 (Noon) May 31, 2004 (Noon) .;;::- =i-< '- -<0 c:: 0" D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon) r- rCO I f"TiO [83 July 20, 2004 -.I ;::;:}-< D May 18, 2004 May 3, 2004 (Noon) July 5,2004 (Noon) ~:z: :x» (j)-i ~ 0 - O:z: - ..., D D .. ..., CD Administrative Legal U1 -['T' <-'>3> [83 Announcement D New Business .- "'n NA TURE OF ::I: AGENDA ITEM D City Manager's Report D Presentation D Consent Agenda D Public Hearing D Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Present Certificate of Completion to Commissioner Bob Ensler for completion of the Institute for Elected Municipal Officials. EXPLANATION: Commissioner Bob Ensler participated in a training program for elected municipal officials. This is a three-day intensive program for newly elected and veteran city officials, which is sponsored by the John Scott Dailey Florida Institute of Government and the Florida League of Cities. This program consists of six sessions: Structure and Function of Cities in Florida; Effective Council Member Techniques, Taxes and Other Sources of Revenue; Accounting and Budgeting for Cities; Intergovernmental Challenges in Florida; and Understanding the Ethics and Sunshine Laws in Florida. Certificates are awarded following the completion of this is-hour program. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Do not present the certificate. ~ City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request - Certificate of Completion - Bob Ensler.dot THE JOHN Scorr DAILEY FLORIDA INSTITUTE CITX OF BQYNTO OF GOVERNMENT c¡ i Y Î.! i P!:'~ !!.ßfACH . . 'J vi FICE O!i !Ill -6 AT FLORIDA STATE UNIVERSITY Vl,i.- Ptof I: I 6 June 22, 2004 Janet Prainito City Clerk P.O. Box 310 Boynton Beach, FL 33425 Dear Ms. Prainito: Enclosed is a Certificate of Completion to be awarded to Commissioner Ensler. This certificate is for the completion of the Institute for Elected Municipal Officials. We ask that this presentation be included as an agenda item for your next counciVcommission meeting and be formally recorded in the minutes. We believe the importance of this accomplishment should be known to key officials and to the community. We have included a sample press release for your convenience. Thank you so much for your cooperation on this. If you have any questions, please call me at (850) 487- 1870. Sincerely, ~~ Kathy SIttig Sr. Training Specialist enclosure 325 John Knox Road, Building 300 · Tallahassee, FL 32303 Telephone: (850) 487-1870 . Fax: (850) 487-0041 · http://iog.fsu.edu · email: fig@mailer.fsu.edu -.-.- ~~-~-------~~--,~,_.__.._,-- ... .._.",._~_",=,____~~--<_____~___.~....,,,,,,-=,,-NO-.,,,_., -.. _ 11'~l.~. C~_C"1J ~ 1\). ~. ",- - -- '=' 0 \-==t O~~[À 0 ~ ....... (j) - ~ :.-# -~ 0 ~ _ '. ~ · Þ <'t- c: ... ............. o .... (j) ~ oJ ~ .... 0 ~ '" (J ~. ro ... . .." _." ~'. . ...... 'd 0 . ..---rt III ro '" ;::;.. ~ . - () s::..' - ~. () 0 _ " -, ~ CD ~ -;::¡ -M ~ 3 0 ~ O -, ..,_~ ~ m· - -. V) )::,. , ". - , :::E ' - ,...,. . .. . ~ OJo Q) ~ ~ g. 0 ~ ..... _ H-\ "~ ~ ro Q. (þ g>.. (1) ~. ~. ' CD. .0;..' -ß". ..... .. ..' O:!¡ - OJ Q. ::t 0 0 :::=0 ~~ ~ 0 Õ ::II.' ø....... -. .. .... , s:: _ " - '-...,) ~, r- "> ....... , :;, a .. " '^"-. . "11". 1:1.1'. O. "". . r-n . "'. . . ........ - IQ " , '" .... .. ~ c: .. ~ ... _", . -.. 0, (') tA ....' ~ ~~j. :::r ro- 'ii), ",~ " Q.,. ~- ¡ 'Q~ - -(1) 0,' 'v :!J~!" .... ~ o .. :; '_ ......... . ..... :!. 0 " _. .,....,.. 0.. ...., . .. ('), Q ..~.. "'0' .- ;::, 0. " ft'. .. '.' tn· 0 '<:. co. _.' . , .~. . -.. - . ~ ~ (J " _ 11), . (þ CD3 °0 (1) ,- -. =:3, GlCiJ _ 0·0 <- (1) 0 ., ., ;::, 3 (J) ;::, .- VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.l. 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 D April 6, 2004 March 15,2004 (Noon.) D June 1,2004 May 17,2004 (Noon) D April 20, 2004 April 5, 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) [8J July 20, 2004 July 5, 2004 (Noon) D Administrative D Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation [8J Consent Agenda D Public Hearing D Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Motion to award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES", Bid # 061-1412-04/JA, to various vendors with an estimated annual expenditure o£$ 35.000.00. C ,....£2 .¡;:- . "-., CONTRACT PERIOD: JUNE 24, 2004 through JUNE 23, 2005. '- =i-< c::::- -<0 EXPLANATION: This is a joint bid with the City of Delray Beach, Florida. Bid # 2004-21, acting as the lead ~ncp;;: On May 12,2004, The City of Delray Beach, opened and tabulated ten (10) proposals. The multi- award 1.0 go recommendation is based on the low bid per product grouping. The five companies recommended for award;l!¡e t~~ lowest, most responsive, responsible bidders who meet aU specifications: AU have supplied product satisfacto~ ineM past. Agenda Request and Award Recommendation (see attached memo). The provisions of this bid award i.Î1 alÍij'i¥: for a one (1) year extension at the same terms and conditions, and prices subject to vendor acceptance, satisl1aet0rRm performance and determination that the renewal is in the best interest of the City. C::> ~:b C") .::z: PROGRAM IMPACT: The purpose of this bid is to obtain firm prices for the purpose of the Medical and Drug Supplies for the Fire Department. These supplies are ordered on an "AS NEEDED BASIS", and stocked in the City's Warehouse. FISCAL IMPACT: ACCOUNT NUMBER/NAME ESTIMATED ANNUAL WAREHOUSE INVENTORY EXPENDITURE / 502-0000-141-01-00 ~ ~2#~~ - 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 Jim Ness - Deputy Fire Chief Central File File MEMORANDUM TO: BILL ATKINS DA TE: JUNE 28, 2004 FROM: DOMINIC DEMAURO SUBJECT: AWARD RECOMMENDATION BID # 061-1412-04/JA "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES" The tabulation sheets from the City of Delray Beach Purchasing Department has been reviewed, and I recommend a multi-award to the over all low bidders by product categories. This is a joint bid with the City of Delray Beach, Bid # 2004-21, approved by the Delray Commission on June 22, 2004, (see attached documentation). Our Annual Expenditure is $35,000.00. If you have any questions please contact me at ext. 6324. .- .__._------""'Q...-....."..~._'..- -;..'.. , City of Delray Beach r- Regular Commission Meeting \ c: Maureen Becky Frank Babin Lisa Hartman Barb T. Guy ---, Lisa Herrmann Delores Barb S. Mary Ann Jackie ~,riJ..o1 Milena Patsy RULES FOR PUBLIC PARTICIPATION Yvonne File Date 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday,June 22;, 2004 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers section. Dekay Beach City" Hall B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of Joe Safford, FINANCE jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or ***Agenda Packet*** comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate itèm. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in" sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous wlùIe , addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting) such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a - disability an opportunity to participate in and enjoy the benefits of a service) ~one: (561) 243-7000 program. or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127) 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. .' r 1. ROIi,CALL. \ 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: · June 8, 2004 - Regular Meeting · June 15, 2004 - Special Meeting 6. PROCLAMATIONS: · NONE 7. PRESENTATIONS: 13v-bC.~T · Expanding & Preserving Our Cultural Heritage (EPOCH) Grant Fund Request :) ~ '" ~'t;'ë:.- .Q Nd' . o;J 8. CONSENT AGENDA: City Manager Recommends Approval / -~ ~ ¡ " A. SERVICE AUTHORIZATION NO. 99-07/ ARCADIS/LNW: Approve Service QJ, Authorization No. 99-07 to Arcadis/LNW in the amount of $74,100.00 for the design of converting S.E./N.E. 1st Streets between Swinton Avenue and East 6th Avenue from one-way to two-way streets. The Community Redevelopment Agency (CRA) has agreed to pay for the design of this project. Funding is available from 334-3162-541- 65.88 (S.E./N.E. 1st Street/One Way Pairing). B. SERVICE AUTHORIZATION NO. P-01/CURRIE SOWARDS AGUILA ARCHITECtS: Approve Service Authorization No. P-01 to Currie Sowards Aguila Architects in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). C. VENDOR AGREEMÈNT /SERVICE AUTHORIZATION NO. t/GARY MOORE: Approve a Vendor Agreement and Service Authorization No.1 to Gary Moore in the amount of $68,000.00 for the design and installation of art improvements along West 5th Avenue from S.W. 1st Street to N.W. 2nd Street (Martin Luther King Boulevard). The Community Redevelopment Agency (CRA) has agreed to pay the cost of this service authorization. Funding is available from 334-3162-541-65.83 (General ,- Construction Fund/N.W';S.W. 5th Avenue/S.W. 1st Street to N.W. 2nd Street). -' - ~--- 06-22-2004 - 2 - - '---'-- "'.....................-,........"...r'.~.....~"--_..,."...._ _._ ~-- '-. : í- ~" D. SERVICE AUTHORIZATION NO.· P-Ot/BOY SCOUT HUT PARK/KIMLEY-HORN AND ASSOCL\TES, 'INC.: . Approve Service Authoriz~tion No. P-Ol to Kimley-Horn and Associates, Inc. in the amount of $29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park Project. Funding is available &om 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park). E. AGREEMENT /GULF STREAM COUNCIL. INC.: Approve an agreement in the amount of $1 1,000.00 between the City and Gulf Stream Council, Ine. (BSA) to sponsor a Cub Scout Program at the Village Academy Elementary SchooL Funding is available from 118-1974-554-49.90 (Other Current Charges/Neighborhood Association). F. THIRD AMENDMENT TO THE TRIPARTITE AND INTERLOCAL AGREEMENT IDELRAY BEACH LIBRARY: Approve the Third Amendment to the Tripartite and Interlocal Agreement between the City, the Community Redevelopment Agency, and the Dekay Beach Public Library Association, Ine. modifying the date of construction, date of deposit, and requiring the library to meet the terms and requirements in the technical assistance advisement request and response. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACtIONS: Accept the actions and decisions made by the Land Development Bóards for the period June 7, 2004 through June 18, 2004. ( H. AWARD OF BIDS AND CONTRACtS: , . NONE 9. REGULAR AGENDA: ~,A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT IBICE, INC.: 61;;) ~ ~ i!:.!) Consider approval of a revised agreement between the City and BJCE, Inc. to provide þ.0f:\. ~ for management services at the Municipal Golf Cow:se and the Lakeview Golf Course "'for the period October 1, 2004 through September 30,2009. ~i~ B. TENNIS CENTER MANAGEMENT AGREEMENT /DUBIN & ~ ASSOCIATES: Consider approval of a revised agreement between the City and Dubin & Associates for management services at the Delray Beach Tennis Center for the period October 1,2004 through September 30, 2009. i)~~c. REQUEST FOR IN-LIEU PARKING SPACES/THE ASCOT BUILDING: Consider a request from The Ascot Building for the purchase of five (5) in-lieu parking ~ spaces in the amount of $30,000.00 and the construction of seven rr> on-street parking spaces in the adjacent right-of-way. The Ascot Building is located on the southwest comer ofN.E. 1"t Avenue and N.E. 2"" Street. (Quasi-Judicial Hearing) - 06-22-2004 - 3 - .- RECEIVE"D / ~' D. ¡ ii, ~ iI~?>,. """ ~"'\Þ E. REOUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW 'W1Tt")~"'C'\ BUILDING: Consider a request from Handelsman Yellow Building a/k/a the Blank House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. --- The Blank House is located at 85 S.B. 6th Avenue. (Quasi-:ludídal Hearing) F. CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION COMPANY, ~~ INC.: Consider approvai of a contract award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8) foot high screen walls along two (2) property lines of the Atlantic High School site in compliance with City obligations under agreements with Temple Sinai and the Coral Trace Homeowners Association. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). G. CONTRAct AWARDS/MEDICALlDRUG SUPPLIES: Consider approval of <It contract awards, via joint bid with the City of Boynton Beach, in the estimated annual amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; /" Bound Tree Medical; and second lowest bidder, Tri-Anim Health Services for medical/ drog { supplies for the Delray Beach Fire-Rescue Department. Funding is available from 001- I ; - - 2315-526-52.20 (General Operating Supplies). H. OFFER OF JUDGMENT/PROPOSAL FOR SETtLEMENT IN LAURI O)r RICFiMAN v. CITY OF DELRAY BEACH. GARY MILLER.. FOGHT ENTERPRISES AND GLM REMODELING: Consider approval of an Offer of Judgment/Proposal for Settlement in the amount of $15,000.00 in Lauri Richman v. City of Dekay Beach, et al. ~ I. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES () ~ ANNUAL CONFERENCE: Designate the voting delegate to the Horida League of Q...).c;) ~ Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Horida on August 19-21, 2004. J. AGREEMENT /BLUEFISH CONCIERGE: Consider approval of an Offer of Of:: Settlement in the amount of $5,000.00 regarding a contract between the City and Bluefish Concierge. K APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Ok? Appoint one (1) member to the Downtown Development Authority for a three (3) year term ending July 1, 2007. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). -- ~ 06-22-2004 - 4 - .---~-~- ~--., ~,'. ..._-_.......-.'-...-' -, -~.,-,--- .'- - ~--,-_._-~---~".,-..-.<""""~~~,".,' "" ,. · ¡'- 10. PUBLIC HEARINGS: t A. ORDINANCE NO. 14-04 (SECOND READING/SECOND PUBLIC ~ ()~ HEARING): An ordinance amending the Land Development Regulations by ~,.., repealing Sections 2.4.6(D), "Permits for Individual Signs" and (E), ''Permits for Master ~)~/ Sign Program". and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 ,. ~ "Signs", and amending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign pennits. B. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITI'AL HEARING ~ FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2004-02 includes: 1. Text Amendments: a. Future Land Use Element - ,Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic ¡'.. Avenue and S.W. r Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element - Revise Map #17, Intennodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes; g. Public Facilities Element - Revisions to consider the regional water supply plan and include a to-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; h. Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open - Space and Recreation Element; 1- Conservation Element - Revisions addressing projected water needs and sources 06-22-2004 - 5 - . , r- considering the South Florida Water Management District's Lower East Coast ~ Water Supply Pian; j. Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply pian; 1. Capital Improvement Element - Modify Table CI-CIP (5- Y ear Capital Improvements Schedule for Projects>$25,OOO) to reflect implementation of the new $24 million Parks and Recreation Bond; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. E11mtnate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; (' - ì p. Public Schools Facilities Element - Minor text changes throughout the element ; to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for "First FIE Student Count" to definitions section · Amend Policy A- 1.1 dealing with the level of service standard · Amend Policy A-3.1 dealing with intergovernmental coordination 2. Future Land Use Map Amendments: a. Privately initiated Future Land Use Map (pLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (1\1edium Density Residential 5-12 du/ac) for The Cottages at Banyan Village, located at the southwest comer of Swinton A venue and S.W. 10'" Street. b. City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) for properties generally located on the ~ north and south sides of West Atlantic Avenue, between NW /SW 15t Avenue (100 Block) and NW /SW 12'" Avenue (1200 Block) within the West Atlantic A venue Overlay District. 06-22-2004 - 6 - .. ._-- -"~-----"--._--, - .- _._~____ ,-_On,'_'_ ,_ ~,.~r _. __ . ,~,'''''_'O''' '<h_~' ~ . /-, 0Içc. ORDINANCE NO. 26-04: An ordinance amending Chapter 132, "Offenses Against J Public Peace and Safety", of the Code of Ordinances by amending Section 132.09, "Skateboarding and the like Prohibited", to provide certain' areas in which skateboarding shall be prohibited. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 31-04: An ordinance rezoning from GC (General Commercial) (}k to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW /SW 1st Avenue (100 Block) and NW /SW 12m Avenue (1200 Block) within the West Atlantic A venue Overlay District. If passe~ a public hearing will be scheduled for July 6, 2004. B. ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stonnwater" of the Q), City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, í "EstabJishment of Rates for Stonnwater Management Assessments" to provide that , individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. If passed, a public hearing will be scheduled for July 6, 2004. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: .JUNE 18, 2004 - 06-22-2004 - 7 - EIT' DF DELIA' IEA£H DflRA Y BEACH f t 0 I I D " tafad AJI-AmericaCity 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 , III f! June 23, 2004 1993 2001 Stacey Barksdale Price, Vice President Sun Belt MedicallEmergi- Source 20 Capital Drive Hilton Head, SC 29926 SUBJECT: Bid #2004-21 Medical and Drug Supplies - Annual Contract Joint Bid with City of Boynton Beach Dear Ms. Price; Our City Commission, on June 22, 2004 approved the contract award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #3 - Medications Tenn of the contract will be ftom June 24,2004 through June 23,2005. Item(s) will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tenn from each participating entity of this joint bid. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. Sincerely, t,,!!~ Cc: Joseph Saffor~ance Director Carol Doppler, City of Boynton Beach Michael Twigger, Paramedic Lieutenant @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS - -~,._-,--> "-~"-~~,,;,,.~~,,,,«-,,,,,,,,,,,,,,,,,,,,--~,-*,,,:¡,,,-,.,,- .-." - . . ~.. t BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) I -I BID #:2004-21 Openinø Date: 5' / 1*lfj&. . BID TITLE: Medical & Droø Supplies - Annual Contract COMPANY NAME: Slj'" ßd+ ff d.iliJ I ¡:: Y'f¡'~ ì .SDltfl4>A TE: 5' I~ Iof- NAME/TITLE: S + '" C, l'.. Y -:ßq... '(.s d 0..\ L 1 ( ~ c..~ (. Vil¿ Pr~sìèJen+ , ADDR~SS: ~D G:\r;+ðt J j) I'\YL ~lbn HCG\d CITY -1Hl- ]: STATE Sc- ZIP CODE 'Lqq2.l, FEDERAL TAX I.D. #: 5"'1 - o?501L,Y-8 TELEPHONE: l ~()Ú ) 'f1&~S7~ J FACSIMILE (. \rOO ) 893'" &,&oLf. ·SIGNATURE· ~~~ ~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: -.S1a.~ ßqrkÆla./l p(;"'t.. TELEPHONE: (8'<Jû. ) t.J7~ -5"7fo/ 46 [IT' DF DELIA' IEA[H DElRA Y BEACH , I 0 . IDA bed All-America City 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 , III J! June 23, 2004 1993 2001 Jo Ann Rudd, Customer Service Tri-Anim Health Services, Inc. 1370 Telfair Ave. Sylmar, CA 91342 SUBJECT: Bid #2004-21 Medical and Drug Supplies - Annual Contract Joint Bid with City of Boynton Beach Dear Ms. Rudd; Our City Commission, on June 22, 2004 approved the contract award of the above referenced bid to various vendors. Group(s) and/or item{s) awarded to your company are as follows: Group #4 - Diagnostics and Instruments Tenn of the contract will be ftom June 24,2004 through June 23,2005. Item(s) will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tenn from each participating entity of this joint bid. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. herelY, pa!r~ Cc: Joseph Safford~ance Director Carol Doppler, City of Boynton Beach Michael Twigger, Paramedic Lieutenant * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS '~._""'''¿__~''''"'''''~~'~__~''_~ <'__. __ '_--.._'."<_~4'_____.._.. u ~ E.5 .!! .!!.!! .!!.!!.!! 0 ;i. ~ t! t t ! ~ .,.13 E E E E E E';'¡ ~ þx¡ ~ ~ ~ ~ ~ ~ i õ II) .. ~ C) Q) C) 3 m .. ~ ~- ~ ~ -30 ~ ~ ~ ~ ~ ~ ~ m_~ IX! IX! IX! IX! IX! IX! c1ii 0 0 0 0 0 0 ;.¡ .i::E" Z Z Z Z Z Z Q. u. . ~ E 0 W .. 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IX! IZ IÒ IX! ~g~ fit ~ ..f 8 0 0 'Ot co Q uCDlDoiIaI ~~ C Z Z N ~ Z Og~2a '" w - ~ g..!i!:5i::l g\ õ.ø=..~ ~ c';ð"J'õo. CI I~ ~ ~ ~ ~ ~ ~ i - Co Co Co Co Co Co ~ j3 E E E E E E .0 AI 1 ~ ~ I I ~ ~ ~ C P ~ ë ! ~ ~ Q), . I . .!. CUe ~ &. ~ 8 8 8 ~ (II , ë 8 -iiio S Z-'C 'C "C 'C -c I-" 8 ~"C .!Il.Q"2 ~ o~ ~ ~ ~ ~ cë~ ~ ~ c ~ ~"2ø IX! rW = fit = = = gCDE= ~ = ~ = ~o-= ~ ... - c .!! c c c: 111 C - 'c ~ c ~ ... æ~ ~ ~ ~ ~ ~ ~~~ ë ~ M ~ ë~Õ fit c.JE ~ Co ~ ~ ~ :s~~ 0 .. _ ~ ::J~c J!! ~&fIt~ ~ ~~ ~~¡ ~~~M~~~ ~~~ ~~ ~~! ~ o~~S:8~ s':! s,;,§~s:".5is,.:.< "ä'ð,is· 5iii8: ~ ::E~~. I ~~~ ~~~~~~oiIJ~~& ~~§~~~ ëg~ g ~0~~> ~.~ ~.c ~fIt~~~fIt(ll ~fIt~0~fIt ~ 0 ! li5j~ 5il ðilj5ji~ðj] ðj~~5i æiðffi ~ · ~ N ~ ~ ~ . ~ ~ Q. Q. Q. Q. Q. Q. ~ o g g ë g 885 ~ 0 0 C) 0 c'; 0 0 ~ .. ,1 j . BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO sa SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) I SID #: 2004-21 i Opening Date: BID- TIT-LE: Medk:aJ &Druø SUDDlJes .. Annual Contract COMPANY NAME: (J~A-b Jwt£}D 1" J C, DATE: :; f I /'4 , NAMElTlnE: . /1ð1t~ L Ii V 1£ I C£ ~f , ... ADDRESS: ~O ðDK S'i D 7 73 CITY tfA c{( s 0 Ai VI LLIL STATE FL ZJPCODE Y J 25'S FEDERAL TAX 1.0. #: ft- :] I g If 9 ()8 TELEPHONE: l ~DO ) '133 ,- 7 33'f FACSIMILE ( 1o'f - ) l5Y D -- ;l] ð3 Cof';1J fiS1GNA TURE _ ~¡ß ~ ~ . VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: fltll«LÆY ¡1¡'¿IC£ Of( CttSr Sj[flcJ ¡¿liP' . I TELEPHONE: ( '(Þ 0 - ) 733 -7331 46 QuadMed I~ 1...s00-933-7334 ._~.._.---'- ~,,--,-~--.....~...,~~-., ~I'YDF DELIAY BEA£H _lRA Y BEACH l 0 If lOA tw.ad 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 - 561/243-7000 All-AmericaCIty , III t! June 23, 2004 1993 2001 Marley Price, Vice President Quadmed, Inc. P.O. Box 550773 Jacksonville, FL 32255 SUBJECT: Bid #2004-21 Medical and Drug Supplies - Annual Contract Joint Bid with City of Boynton Beach Dear Mr. Price; Our City Commission, on June 22, 2004 approved the contract award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #1 - Air Management Equipment and Supplies Group #5 - Splints and Immobilization Supplies and Equipment Group #6 - Bandages and Dressing Tape Tenn of the contract will be from June 24, 2004 through June 23, 2005. Hem( s) will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tenn from each participating entity of this joint bid. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. Sincerely, t~~ Cc: Joseph Safford~ance Director Carol Doppler, City of Boynton Beach Michael Twigger, Paramedic Lieutenant * Pr1n19d on Recyc/ød Paper THE EFFORT ALWAYS MATTERS , BID SIGNATURE FORM' * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO. SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) I '! d~f;1-j BID #: 2004-21 Openlna Date: j I '/ BID TITLE: Medical & Drua Supplies - Annual Contract COMPANY NAME: &J8,e. j¿elJijy F/£.51 #¡D DATE: 6j~~ I NAMElTITLE: W¡J ñ)).~~7'e-lJJ I fJ~'8.$, . , ADDRESS: 8f6 0,;.110;/ A4€. I CITY .. U-o.o tu.¡,J STATE 1 ,ZIP CODE //11/1 FEDERAL TAX 1.0. #: ~- &917ft;/1 TELEPHONE: l 7/t J dR-1-ð1CYü FACSIMILE ( flK J ßk1· 93þ I *SIGNA TURE 4þ.~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CO NT ACT NAME: (YJ J 1-1 ,4-(n 7.. ù ( ).J ~!:.. TELEPHONE: ( Jt~ ) ¿t7- o1ao X cQJ7 46 , ___ _'M'~~'-""""___-~_''''''''''____'' r,~."··~·~"'~ RECEIVED ~ITY DF DELIAY BEA[H JUN 25 2004 Î'IwG~¡;¡RV"1ES LRA Y BEACH I 0 I I D A tI.e.d All-America City 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000 , III t! June 23, 2004 1993 2001 Eva Silberstein, President Ever Ready First Aid 385 Union Ave. Brooklyn, NY 11211 SUBJECT: Bid #2004-21 Medical and Drug Supplies - Annual Contract Joint Bid with City of Boynton Beach Dear Ms. Silberstein; Our City Commission, on June 22, 2004 approved the contract award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #2 - Intravenous Supplies Tenn of the contract will be from June 24, 2004 through June 23, 2005. Item( s) will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term from each participating entity of this joint bid. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. ÃerelY, p~!o:!::- Cc: Joseph Safford~ce Director Carol Doppler, City of Boynton Beach Michael Twigger, Paramedic Lieutenant @ Printed on R6Cyclecf Paper THE EFFORT ALWAYS MATTERS [IT' DF DELIA' IEA[H DElRAY BEACH f I 0 It 0 A tdtd 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000 All-America City , III J! June 23, 2004 1993 2001 James M. Whiteside, Vice President Bound Tree Medical LLC 6106 Bausch Rd. Galloway, Ohio 43119 SUBJECT: Bid #2004-21 Medical and Drug Supplies - Annual Contract Joint Bid with City of Boynton Beach Dear Mr. Whiteside; Our City Commission, on June 22, 2004 approved the contract award of the above referenced bid to various vendors. Group(s) and/or item(s) awarded to your company are as follows: Group #7 - Infection Control Equipment and Supplies Tenn of the contract will be from June 24, 2004 through June 23, 2005. Hem( s) will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tenn from each participating entity of this joint bid. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7161. Sincerely, ,~f~ Cc: Joseph Saffor~ance Director Carol Doppler, City of Boynton Beach Michael Twigger, Paramedic Lieutenant * Printed on Røcycled Paper THE EFFORT ALWAYS MATTERS __ _'_ _'~_""__"'~~~,~'__C~'__~'~_<_ ~,.,_"> _, .,0 = __, _ _______..___ . .J ml-ANIM HEAlTH SERVcES,/NC 13170 TElFAJR AVENUE . $YlMAA. CA 91342 BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR ~EJECTION OF YOUR PROPOSAL) ,¡ BID #: 2004-21 Oøeninø Date: ~IQ ¡Q@ BID TITLE: Medical & Druø Suøølles - Annual Contract COMPANY NAME: ~,/a.o;"1Y\ U &ru\ttS( ~DATE:~ NAME/TITLE: ~ ~(\ ~ . C..t1~ &riJiu!-' I ADDRESS: \'df\o "1èl.\òiv V\J~ CITY \. ~ it YY\O..I STATE CJ\-. ZIP CODE q J 3tí L, FEDERAL TAX I.D. #: ~ - Qq59J5!J TELEPHONE: (. gOO ) ~rJ{j- ~ýfo FACSIMILE (. f!1J ) 3tJq , (#3& . *SIGNA TURE ~LL .{¿Y VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: Jo ~ Rude! (ý th/¡o..' '(}¡eR.-Jv TELEPHONE: (~) !f}l/ ~ 2jp l£~ 46 E ~ S S.s S S .s ~ 5É¡ ~ !! !!! ~ .,.::¡s E E E E E E;¡ T"" ~:I:~ M M M M M M ~ õ U) ~ T"" C) œ 3 ~ ~ ~ - - ~ ';/!. ·Bo ;g;g ;g;g;g;g,... m_~ m m m m m m c 'tI - 0 0 0 0 0 0 .. a~~ z z z z z z ~ - . ~ E ° w ~ C) E~'E S S s.s s s c . ~ ~ ~ ~ ~ ~ ~ ~ Jale a. a. .- C'! a. a. a. e'.e. 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IÐ 10 .... II. 0. 0. 0. 0. 0. ! I 8 ~ ~ ~ ~ ~ m 0 0 0 0 0 0 0 VI.-CONSENT AGENDA 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 17,2004lNoon) o Apn120,2004 April 5, 2004 (Noon) o June 15,2004 May 31, 2004 (Noon) (") c:> CJ-t o May 4, 2004 o July 6, 2004 -- =i-< April 19, 2004 (Noon) June 14,2004 (Noon) -. <- --<0 c::: (; -11 o May 18, 2004 May 3, 2004 (Noon) [g July 20, 2004 July 5, 2004 (Noon) .- rco I r..-¡o N :-':) -< ';'<: Z :J:'D 0~--t 0 Admínístratíve 0 Legal ::1: CJ - CJ :z: 0 - -.., NATURE OF 0 Announcement New Busíness .. -r¡ctI -rr1 AGENDA ITEM 0 0 W n:r> City Manager's Report Presentation N Me") [g 0 ::I: Consent Agenda Publíc Hearíng 0 Code complíance/Legal Settlements 0 Unfinished Busíness RECOMMENDATION: A motion to award the bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS" BID#064-2510-04/CJD to WASTEQUIP/dba INDUSTRIAL REFUSE SALES, of Eaton Park, FL in the amount of: $100,000.00. CONTRACT PERIOD: JULY 21, 2004 TO JULY 20, 2005 EXPLANATION: On June 17,2004, Procurement Services received and opened four (4) proposals for the referenced bid. After review and evaluation, it has been determined to recommend award of this bid to Wastequip/dba Industrial Refuse Sales of Eaton Park, Florida whose bid was the overall lowest, most responsive bidder who meets all specifications. Larry Quinn, Solid Waste Manager concurs with this recommendation. (See attached memo #04-139). The provisions of this bid 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 an annual fixed price for the purchase of meta) containers and roll-offs to be used throughout the City for CommerciallMulti-residential accounts for the purpose of refuse collection. FISCAL IMP ACT: BUDGET ACCOUNT#: ESTIMATED EXPENDITURE 431-2515-534-64.19 ~ ~W/?t'·~ - Deputy Director of Financíal Servíces Cíty Manager's Sígnature Procurement Servíces œß1UlL- Department Name City Attorney / Fínance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Larry Quinn - solid Waste Manager File PUBLIC WORKS DEPARTMENT RECEIVED MEMORANDUM NO. 04-139 JUN 24 2004 TO: Bill Atkins, Deputy Director of Finance PROC~~CES PROCUREMENT THRU: Jeffrey R. Livergood, Director of Public Works .j {è-- FROM: Larry Quinn, Solid Waste Manage(:!!j DATE: June 23, 2004 RE: Bid Award - Metal Containers/Roll-offs Bid #064-2510-04 I have reviewed the bid tabulation sheet for the Annual Supply of Metal Containers and Roll-offs. I recommend the bid be awarded to Wastequip Industrial as the low bidder. The account number for this bid is 431-2515-534-64.19 for a budgeted amount in FY2004/2005 of $100,000. If you have any questions, I can be reached at Ext. 6206. 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AGENDA ITEM REQUEST FORIn 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) n o May 18, 2004 May 3, 2004 (Noon) [8] July 20, 2004 July 5, 2004 (Noon) c:> 0:::\ J;:"" :=.4-< C- -<0 c: 0""1"\ r- ,CO 0 Administrative 0 Legal I mo - 7J-< NATURE OF 0 Announcement 0 New Business :..-..;;-z; (.i) -\ AGENDA ITEM 0 0 :D" 0 City Manager's Report Presentation -<--.. -s. o ;z:. [8] Consent Agenda 0 Public Hearing C!'! -"aJ :21"'"' 0 Code compliance/Legal Settlements 0 Unfinished Business W oJ> -J ("110 :r: RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF MARGATE, CONTRACT #8998, to SAFETY EQUIPMENT COMPANY for the PURCHASE OF TURNOUT GEAR in the amount of $ 28,674.65. EXPLANATION: Procurement Services Division received a request from Fire Department to purchase turnout gear utilizing the City of Margate contract that provides a fifty (50) percent discount off list price. This need for turnout gear is due to the recent Early Retirement Incentive Program (ERIP), and the additional staffing needed for Fire Station 4. Fire Rescue must purchase twenty-three (23) Firefighter Bunker Pants, and twenty-two (22) Firefighter Bunker Coats. It should be noted that Fisher Scientific completed the acquisition of Safety Equipment Company as of December 1, 2001 and acquired all related contracts. Procurement Services recommends Commission's review, evaluation and approval. PROGRAM IMP ACT: This purchase will provide the new Firefighters with the require turnout gear (Bunker Pants and Bunker Coats) to provide public service to our citizens. FISCAL IMP ACT: Funding is provided in the FY2003/2004 budget as follows: Account Description Account Number Budl!et Safety Equipment 001-2210-522-64-06 $ 11,558.65 Safety Equipment 305-4118-580-64-06 17.137.56 Total ¡¡6~1 ¿/~~~:~ l.M.9""1 Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: David Uu - Fire Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC FIRE DEPARTMENT INTER-OFFICE MEMORANDUM June 21,2004 MEMORANDUM TO: Bill M. Atkins, Deputy Director Department of Financial Services JJ il- ~ FROM: David Liu, Deputy Fire Chief Fire Department SUBJECT: "Piggy-Back" City of Margate, Bid #8998 Due to the latest Early Retirement Incentive Program (ERIP), and the hiring of twelve (12) additional Firefighters and Staff, Fire Rescue must purchase twenty-three (23) Firefighting Bunker Pants, and twenty-two (22) Firefighting Bunker Coats. All of this new safety gear is needed for our expansion from the current three (3) Fire Stations to four (4), and eventually to five (5) Fire Stations in the near future. Fire Department would like to "piggy-back" the City of Margate, Bid #8998 for the purchase of Bunker Gear in the amount of $28,696.21. Enclosed is a copy of the awarded bid documents. Please place on the next available Commission agenda for approval. The funding for this purchase will come from the following accounts: ~~o... kH- 01;. Fire Assessment - Account #305-4118-580 31 90 $ 17,137.56 Fire Department - Account #001-221O-522-~ 11.558.65 Total \4'-\-0\0 $ 28,696.21 Thanks for your assistance. Enclosure 05/23/2004 15:35 8552093527 F: I: 5: H: E: R PAGE 01/01 A Fisher Scientific Company ® Fisher Safety 6507 North Hamey Road Tampa, FL 33610 Tel: 688·:263--5319 Fire and Emergency Services Faì\: 813-1521-7413 .."" ... www.flth~eom " . ,..' June 22.2004 Bill Atkins Boynton Beach Fire Dept 222 NE 9TH Avenue Boynton Beach, Florida 33435 Following is your quote for Total Fire Bunker Gear for the ye;ar 200412005. Pricing will be valid thru March 31,2005. Pricing is based on Contract #8998. List PrÎce 50% discount BPR 2512 Tails Golden Brown -.. $1,598.94 778.98 BPR 2512 Pants Golden Brown -.' 1,031.56 502.55 Thank You, Florence Salamak Fisher Scientific Company Inside Sales ~. .- ... . .;.~~.-~::¡...:. . - ,. .;..:f;+~~;' . ; ..j. j=tr-,~':~.~" . . ..- L._..,. .f-t~'ft!-:~ .. ..... . , , =-; ......; "=.: ...... ~'A··.Jt_ ',~ ¿ / ':.'¿ -- ~ ® "....r Sat..., Paul F. 1='lte'K Pre$idenl A Fisher :::cientffic Company 2000 Parle Lane DrivE! Pittsburgh, PA 15275-1126 Tel: 412490-8505 Fax: 412·..490-8759 ~,.,~~.com ."-.' As you know, Fisher Scientific T0cently c.ompJeted its acquisition of Safety Equipment Compan3', As of December 1, 2001, Safety Equipment Company officially becomes part of the Fisher Safety family, and all correspondence to you wiH bear the Fisher Safety name. BecaUge you are a valued customer of Safety Eqt/ipment Company. 1 am writing to ensul'e tbalc-both during and after thi~ transition pbase>-you will continue to receive the outstanding products and service you've come to expect from SEC, and that }'Otl will cQntinue to do bmineS5 with the same sa.lespeople currently handling your account. While Safety Equipment is a premÎer provider of safety and fl1'cfightillg products ar.d :iervices-Fisher's capabilities extend far beyond that. Fisher stoeks over 40,000 safety and clean room produ.:"" to meet your needs, and also offers direct access to more than 400,000 labDratory, chemical. furniture, alMt MRO supplies. As a Fisher custoMer, yO\! will now enjoy "Qnc-stop shopping" for all your ufety, laboratory, arId facility needs- with the ability to purchase from our broad selection of safety, laboratory and MRO produeb in a :;iosle order. Our new catalog, scheduled to print in January 2002, contains our comprehensive offering of satj~ty supplies-<)t\e of the most complete product sources' in the industry. I've enclosed an order card for the new calaJog a]ong with a product line card. Please return the catalog order card to ensure you are one of the first to receive a copy of our new catalog. ÜT\ce again, I would Jike to welcome you to our Fisher tåmîly of more than 350,000 satisfied CUSt<:IIDCrs worldwide. We are committed to providing you with the exceJlent product offerings and customer service you have come to rely upon from SEe-as well providing you with a wide array of new products and services tha1 enhance Fisher's value to your business. We will continue to keep in touch with you during this transition phasc. If you have any Lrnl11ediate questions regarding the transition, or the benefits offered by Fisber Safety. please contact your loca1 Fisher/SEC sales representative, or visit our web site at www.fishersafety.com. Sincerely, Paul Patak President ..:.,~.~ ~.:... ;~...44~¥' ~ - -... """~*'-t ;·¡~e,~--·· .-.- .. . - __'~__.,-'_ .c__.' - /, I~ . ... aIitv nf JIIargatt, Jlfl.oriba March 20, 2003 Ms. Cherlyne Rouse Customer Service Supervisor Fisher Scientific Co., LlC Fire and Emergency Services Div. 6507 Harney Road Tampa, Fl 33610 Dear Ms. Rouse, In response to ·your tetter dated 212112003 (copy attached) the City of Margate, acting as lead agency for the Southeast Florida Governmental Cooperative Purchasing Group, is extending the contract for an additional two year period for the supply of Turnout Gear. The contract extension covers the period of March 2, 2003 through March 1, 2005 as per the same terms and' con~itions of the original contract. Thank you for your cooperation and we look forward to working with your firm . during the contrad extension. ~ truly !".urs, . . '~¡¿~¡G, Patricia Gree stein, CPPB Purchasing Manager cc: City Manager City Attorney Chief Porcella S.E. FL Co-op File INANCE DEPARTMENT· $790 MAFlGATIZ BOULEVARD. MARGATE. FLORIDA 33063 . TELEPHONE (954) 972-6454/ FACSIMILE (954) 935-5258 Fisher Scientific Company L.LC. 6507 N. Harney Road (3361 0) P O. Box 31268 ® Tampa. FL 33631-3268 \ . . Fisher Safety Tel: 813-628-4527 Fax: 813-626-6615 fishersci. Ms. Pat Greenstein February 21,2003 City of Margate 5790 Margate Blvd. Margate~ FL 33063 Pat, Please accept this letter as Fisher Scientific Company's confirmation to renew Resolution NUJ:11þer8998 to the S.E. Florida GovemmentaJ Co-op Group, for an additional two years. We thank you for extending this agreement, aDd Jook forward to providing Turnout Gear I to all Co-op Members for the additional contract term. We appreciate your business. and will continue our goal of extc:nding the highest standard of products and customer service. Please don't hesitate to contact us whenever we may be of assistance. Sincerely, ,---..., &~J ',~v4 Cherlyne Rouse . Customer Service Supervisor Fisher Scientific Co., LLC Fire & Emergency Svcs. Div. PH: 8881263-5319 FX: 8861209-3627 EM: cherlvne.rouse@fishersci.com cc: Carter Hall - Outs.ícte Sales Representative ---"-~--'~"~-"".,'--' ~' . . . ATTACHMENT liB" " . Safety Equipment Company pubric Safety Division February 2, 2000 To: Pat Greenstein City of Margate From: Carter Hall Safety Equipment Company . . Subject: Coop pricing . I(I accordance with our GSA price ~tructure~ we wIll be able to offer you the rollowing discounts Tor manufacturers covered under our agreement. Morning Pride (bunker gear) 50% <'MiJÞ'hing;/:?ride:(helmets) ""'i'-' ""." .~"',"' .: --:.... ··30%·:.... ·Mo'PningPr.ide{'J1oodsJ...,.~:;"." .,:' ~-~.:T;~o.% Morning Príde (gloves) 33% Ranger 34% Warrington 33% SefWt((J$ 33% . These prices wI'll be Trom the current manufacturer price list. In addition~ we will extend to' all those buying through the Coop, a 90 day extension of all listed manufacturers price lists. If you have any questions, please don't hesitate to contact me. Carter Hall Region Manager , Safety Equipment Company . PUblic Safety Division . Tampa, Florida I (888) 263-5319 . (813) 622-7554 . Fax: (BI3) 621-7413 . . " ì ¡ ADVANCED PERSONA L PROTECTION #1 Innovation Ct. Dayton, on 45414 - P.O. Bor 1.36/6 Daylllll. Off .f5.¡/J-06/fi Tel: 937-264-2662 - Fax: 937-26-1-2677 E-Mail: info@tota{/iregr()up.col11 . January 16. 2000 Gentlemen, ~ Safety Equjpment Company is the QmyaûtnÐtizeo"distributor for Morning Pride Manufacturing Companylo<:ated in the states of Florida and Géorg;a. Total Fire Group is the Marketing and Customer Service representatives for Morning Pride Manufacturing Company. If you have any questions please contact our Office at (937) 454-4925. . Brett Ortengren, South Eastern Regional Direc;tor Total Fire Group #1 Innovation Court Dayton Ohio, 45414. ! Home Office ... - - - -- .-.-. - - - .---..----- _ r ~~. , FEB-13-:1.':I':IB 11:48 Mt:"Am-Ki F'R;DE S 13 26<= Ðß'7S p. 021'(12 . . J . ) Morning Pride Manufacturing, Inc. PROTECTIVE CLOTHING SYSTEMS I MOIL~ING PRIDE STA TE.\1E:\" OF W ARRANTI' I Cormpondem:e Morning Pride protecûve products are wurantcd fer their ~.1fETIME against Ge~eraJ Offices ro. Hox J41i16 O:l~on. ()}j 4S41)-06J6 A NY. defects in material or workmanship. , . hJIDfntIC While this warrant}' sp=ciñcalty excludes eccidenlal dJUlage (ac¡d~ tears on nails. Accuunrs RðCèMblt p.o. Roll 2fi4 t t>:1:rt~. OM 4S401-:!641 etc.), intentÎonal abuse, and n~rmaJ wc&r; tl1e.r.e.Are no other excJusions~ An Shippid2 Ii Receitïnc warranty rcpai.rs must be substantiated as a.ctual defects in material or . '1 r"ft(I\I"'i.'M\ c.ourt . D:I)'tntl, Olf 4S414·39ð7 ) wotkma'1$hip upon C-'Qtniaation by Morning Pride:., or their qualified (937) 454-'1!12S FAX (Y3i) 264·0075 repre$entativc:s, befon~ ilny free répair or replacement can be êluthori~ed_ Moming Pride is proud to ha.ve offered its customers this exceptìonaJ LTFETIMET \ï.ARRANTV since 19:2 1. . First in Safety, Quality, Perfonnance (Jnd Innovation , TOTAL P. Ø2 '. . L \",-, .. -': ,. . ( . . CITY OF MARGATE, FLORIDA RESOLUTION NO. 8998 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING AWARD OF CON'l'RACT TO SAFETY EQUIPMENT COMPANY FOR THE SUPPLY OF TURNOUT GEAR FOR THE FIRE/RESCUE DEPARTMENT. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATEt FLORIDA: SECTION 1: That the City Commission of the City of Margate, Florida, hereby awards contract to Safety EqUipment Company to provide Turnout Gear to the Fire/Rescue Department. SECTION 2: That the Mayor and City Manager are hereby authorized and directed to execute said contract on behalf of the City of Margate, a copy of which is attached hereto and . specifically made a part of this Resolution. i SECTION 3: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 1ST day of MARCH , 2000. ATTEST: . . RECORD OF VOTE Varsallone AYE Talerico AYE Donovan AYE Bross AYE Schwartz AYE - '-----'----.....~-""'--"',----....-->=.,.,.--'._.........~,,:~,,-""~~, -~.~ '-" , . ! . AGREEMEI'fI THIS AGREEMENT made and entered into this 2nd day of March , 2000 by and between SAFETY EQUIPMENT COMPANY and the CITY OF MARGA TE, a municipal corporation. existing under the laws of the State of Florida, hereinafter referred to as CITY. WITNESSETH NOW, THEREFORE, in consideration of the mutual covenants herein contained, together with other good and valuable considerations, the parties.hereto agree as follows: l. Total Fire Safety will extend the same prièing discoUDts to the Co-Op as are currently being offered under GSA Contracting. REFER TO A TT ACHMENT "B" 2. In addition to the attached pricing discounts Safety Equipment agrees to extend to the Co-Op an additional 90 day "grace period" from m~ufacturer price increases. 3. The City of Margate will act as ~'Lead Agency" for the cooperative. Any ) concerns or difficulties regarding the award of this contract shall be brought to their attention_ 4. The Co-Op contract shall be for a period of3 years from date of awanl with an option to renew for an additional 2 year period providing both parties agree and the extension is approved by tbe City Administration or Commission and providing for availability of funding. The Lead Agency will issue notification of intent to renew 60 calendar days prior to the expiration of the initial contråct. Contractor shall respond within 14 calendar days from date of notice. . 5. Each participating government agency shall be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require copies cifthe manufaCturer's pricing schedules, separate billings. be responsible for payment to the Contractor awarded this contra~ and issue its own tax exemption certificates as required by tbe Contractor. 6. The Conn-act/Purchase Order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations, and insurance requirements will be in accordance with the respective agency requirements. 7. Any reference in the documents to a single entity or location will, in fact. be understood as referring to all participating entities in the contract, unless specifically noted as otherwise. 1 . , . ; 8. The Contractor upon request will furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include Contract Name, Contractor's Name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. 9. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other govenunental entity and the Contractor as a result of this procurement. 10. No guarantee or warrantee is given or implied by the City as to the amount that mayor may not be purchased from any resulting award of contract. In the event of a discrepancy the Lead Agency reserves the right to make the final deteanjnation in the best interest of the Co-Op. II. All items are. to be delivered F.O.B. destination to each participating agency?s locations. 12. Delivery of turnout gear is to be as follows: 0-200 75 - 90 days to complete order ) 201 - 400 120 days to complete order Each employee must be pre-measured by a person trained in taking measurements, prior to an. order being placed. 13. AU participating entities will be provided with Morning Pride's Statement of Warranty, which is a lifetime warranty. 14. Contractor shall be responsible for contacting each agency to establish and eonfirm delivery requirements, locations, and dates for measurements if required. . 15. If requested by an agency, contractor shall agree to accept ~~Blanket Purchase Orders" either on a monthly or annual basis and release partial shipment upon verbal request. 16. All items returned for repair work must be cleaned or the seamstresses will not be able to work on them pel: OSHA regulations. 17. Safety Equipment Company will assist agencies in the coding and placement of their orders. 'J . ",.- .-.'"'".....--'>'.--- .._~,.~""__'.._____.....~40..~............~_,.......___.. . . , . i All turnout gear shall be manufactured to meet or exceed the new edition NFP A 18. Std. #1999 requirements. and shall meet or exceed aU requirement of the cUlTent NFPA 1971 (Both 1981 edition and 1986 revision) and all requirements of FED-OSHA, CFR 19 10.156 or latest revision. 19. GOVERNMENT RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or perfonnance of the items/services offered on the contract prior to delivery/performance. it shall be the responsibility of the Contractor to notify the using entity at once. indicating in their letter the specific regulation which required an alteration. Each Entity reserves the right to accept any such alteration, including any price adjustments occasioned hereby. or to cancel the contract at no further expense to the Entity. 20. The title and risk ofloss to the Work shall paSs from the Contractor to the Using Entity upon the Using Entity's fInal acceptance.ofthe Work. . 21. The Contractor if requested wilt provide training on the proper use and care of the Tumout Gear to all personnel. 12. All alterations and exchanges of gear shall be at the Contractor's expel}$e. Any misfits OJ:' alterations that cannot be adjusted satisfactorily to the User Enµty after two (2) attempts . will be finally rejected and. the Contractor will be required to furnish new gear within ten j (10) days. 23. The Contractor is to procure all pennits, licenses. and certificates, or any such approvals of plans or specifications as may be required by.federal, state and local laws, ordinances. rules and regulations for the proper execution and completion of the Work under thís Contract. 24. The Contractor shall comply with all applicable federal, state Rnd local laws, òrdinances, rules and regulations pertaining to. the performance of the Work under this Contract. 25. In the event Turnout Gear is returned for Repair, the Contractor shaH notify the User Entity of any repairs which arc not covered under Warranty and shall supply written quotes for all non-warranty repairs. . 26. Upon request the Contractor shall supply a written quote for optional cleaning and inspection services provided by the Manufacturer and clearly indicate what discount (if any) applies. Shipping information shall be included in the quotation. 3 27. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered, as a result offuis bid. CONTRACTOR agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from aU damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions (including all appellate actions) of every name and description that ma.y be brought against CITY, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and aU copyrights or patent rights claimed by any person, fmn, or corporation. 27.1: Patent Fees and Rovalties: CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the perfonnance of the Wark or the incorporation in the Work of any invention, design, process, product or device which is the subject of· patent rights OT copyrights held by others_ 28. lfthrough no fault of the using entity gear is delivered which is not acceptable Contractor shall be responsible for correcting and shall b~ all cost associated with above. ì 29. The City reserves the right to cancel the contract without cause uPon thirty (30) days written notice; or sooner with cause. Nonperfonnance or unsatisfactory Performance shall be considered grounds for immediate cancellation. 30. PUBLIC· ENTITY CRIMES INFORMATION STATEMENT: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids .on leases of real property to public entity, may not be awarded or perform work as a c0I:1tractor, supplier, subcontractor. or consurtapt under a contract with any public entity, and may not transact business with any public ~tity in excess of the threshold amount pro'Yided in Section 287.017, for CATEGORY TWO for a period of36 months from the date· of being placed on the convicted vendor list" 4 . ' ~"-"""",,,,,,,,,,,,,....,,,,,,--,-.,,,,~, _._,-.,"~."""" --................----->--"---.. . , , ARTICLE I THE CONTRACf DOCJ1MENTS The Contract "Documents consist of all of the following: Sole Source Letter, Pricing Discount Schedule, Manufacturer~s Pricing Sheets, Non-Collusion Affidavit, and Certificate of Insurance, and which are made a part of this contract, or any additional documents which are required to be submitted under the Contract, and aU amendments, modifications and supplements issued on or after the effective date of the Contract. ARTICLE 2- . SCOPE OF THE WORK CONTRACTOR shall furnish all of the labor, materials, equipment, transportation, supplies and services necessary to perfonn aU of the work required by the Contract Documents' for: - . SUPPLY OF TURNOUI' GEAR ARTICLE 3 CONTRACfTIME TIME IS OF THE ESSENCE OF THIS CONTRACT. The work to be performed únder this Contract shall be commenced upon the date of Contract Commencement specified in the Notice to Proceed and subject to authorit;ed adjustments shall be totally col11plete and ready for final payment within the time .û-ames stated in this contract. Failure to achieve time[y fmal completion shall be regarded as a breach of this CQntract and subject to appropriate remedies. . . 5 " ! ARTICLE 4 CONTRACT SUM I. CITY shall pay to CONTRACTOR the in accordance with the pricing discounts as stated on Attachment B. Payment shaH be made on a upon completion of an order and acceptance by the using department. 2. Payment shall be made at the Contract price.. This price shall be full compensation for all costs associated with completion of all the work in full conformity with the requirements as stated OT shown, or both in the Contract Documents. ARnCLE 5 . PAYMENT 1. The CONTRACTOR shall requisition payment for wòrk ccmpleted. Payment shall be made as above provided upon full completion of the job as determined by CITY together . with properly executed releases of liens by all subcontractors, suppliers and materialmen ) as may be required by CITY. CITY shall m~e payment to CONTRACTOR within 30 calendar days after its approval. 2. CITY may withhold in whole or in part, paYment to such extent as m~y be necessary to protect itself fi"om loss on account of: a. Defective work not remedied. b. Claims filed or unreasonable evidence indicating the probable filing of claí~s by other parties against the CONTRACTOR. ç. Failure of th.e CONTRACTOR to make payment to subcontractors or suppliers for materials or labor. d. Damage to the CITY or another contractor not remedied. e. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract time f. Reasonable evidence that the work will not be completed within the Contract Time_ g. Persistent failure to carry out the work in accordance with the Contract Documents. 6 .'--_.'._..~......._~...-,.""'-,-',. - -~-- ",~'--'...-~-~' .'-'.. ~~..-.....""-,,,",-___........_k" . . . , When the above grounds are removed or resolved ot the CONTRACTOR provides a surety bond or a consent of surety satisfactory to the CITY which will protect the erTY in the amount withheld, payment may be made in whole or in part. ARTIC~E 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum) shaH be paid by the CITY to the CON1RACTOR when aU outstanding work has been completed and all controversy regarding the preceding has been settled to the CITY'S satisfaction_ ARTICLE 7 MISCELLANEOUS PROVISIONS 1. Terms used in this Agreement which are defm,ed in the Special and General Conditions of the Contract shall have the meanings designated in those Conditions. 2. This agreement shall have been deemed to have been executed within the State of Florida. The validity, constroction, and effect offhis Agreement sbaU be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement shan be litigated in the Seventeenth Judicial Circuit in and for Broward County. Florida. 3. Should any part, term or provision of this Agreement be by the courts decided to be invalid. illegal Of in conflict with any law of the State, the validity of the remaining portion' or provision shall not be affected thereby. 4. CONTRACTOR shall not assign ot transfer the Contract or its rights, title or interests therein without CITY'S prior written appro\'à1. The obligations undertaken by CONTRACTOR pursuant to the Contract shan not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment. Violation of the tetms of this Paragraph shall consthute a breach of Contract by CONTRACTOR and the CITY may, at its discretion, cancel the Contract and aU rights, title and interest of CONTRACTOR shall thereupon cease and terminate. Î . . . . 1 5. This agreement, and attachments, represents the entire understanding of the parties as to the matters contained herein. No prior oral or written understanding shall be of any force and effect with respect to those matters covered hereunder. This agreement may only be modified by amendment in writing signed by each party. 6. CITY AND CONTRACTOR HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HA VE TO A TRIAL BY JURY IN RESPEcr TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRAcr, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STAT~MENTS (WHETHER VERBAL OR WRITTEN) OR THE ACTIONS OR INACTIONS OF ANY PARTY. IN WIINES THEREOF, the parties hereto have hereunto set their hands and seals on the date and year first beJow written. ! DATED THIS 2ND . day of MARCH , 2000 AITEST: .. } 'd1dJá. -/ ¿.' / ~Q1I BY'MAYORARLj!NERSC ARTZ BY: LEONARD B. GOt CITY MANAGER APPROVED AS TO FORM SAFETY EQUIPMENT COMPANY - BY:~ 8 ,_ ___,_ "__~,,""..,~~ _;___ '-~ y'" ___._~..~C,_~'" i__'~'*__.. _. VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACE 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 o April 6, 2004 March IS, 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) Ç) o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) 0 ('"')-i .r::- :::i-< o May 18, 2004 ~ July 20, 2004 '- -<0 May 3, 2004 (Noon) July 5, 2004 (Noon) c: 0-" r- Im I ('10 0 Administrative 0 Legal - :":0-< ::-'C.% 0 Announcement 0 New Business ~ . -i NATURE OF :x (/}o AGENDA ITEM 0 0 Presentation 0% City Manager's Report Ç? ""'cu ~f"T'\ IZI Consent Agenda 0 Public Hearing w Ç)> 0 -J ¡TIC") 0 Code compliancelLegal Settlements Unfmished Business :1: RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF FORT MYERS. BID #68-03-04. awarded to H.C. WARNER. INC. for the PURCHASE OF CARTRIDGE FILTERS in the estimated amount of $25.000.00. EXPLANATION: Procurement Services Division received a request from Utilities Department to utilize the City of Fort Myers. Bid #68-03-04 awarded to H.C. Warner, Inc. for the purchase of cartridge filters. Cartridge filters are used at the West Water Treatment Plant to protect the 1,242 membranes from sand and silt. The cartridge filters are string-wound five-micron filters. and 512 filters are used per change unit. Due to sand problems in the well fields the filters are changed every 14 days instead of the normal 90 days. Utilities Department is working with the consulting engineers to resolve the issues with the infiltration of sand problems. but it will take several months to complete. Procurement Services Division recommends Commission's review, evaluation and approval. PROGRAM IMP ACT: The cartridge filters will be used by the West Water Treatment Plant to filter the sand and silt in order to continually provide quality water to our citizens. FISCAL IMP ACT: Funds are allocated for this purchase in the following account. Account Description Account Number Budl!et Operating Supplies 401-2811-536-52-75 $25.000.00 AL TERNA TIVES: Seek other sources for cartridge filters. u~ ~2/' ~ /'~::.~- Deputy Director of Financial Services City Manager's Signature Procurement Services QÆ~ S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC cc: R. David Ailstock- Chief Operator, Public Water Treatment Barbara Conboy - Manager, Utilities Administration File Utilities Department ~1 ECEIVED Memorandum # 04-74 JUN1 4 2004 To: William Atkins f'F,)f~:·<tWVCES Deputy Director of Finance From: R. David Ailstock Øðr Chief Operator, Public Water Treatment Date: June 14, 2004 Subject: Piggyback Ft. Myers Bid # 68-03-04 cartridge filters. Cartridge filters are used at the West Water Treatment Plant to protect the 1,242 membranes from sand and silt. These cartridge filters are string-wound five-micron filters and we use 512 filters per change unit. Due to the unusual sand problem in the well field we have to change the cartridge filters every 14 days instead of every 90 days. Weare making every attempt to find and correct this problem, but we have not been totally successful. We have engineers working with us to find and correct this problem. It will be at least several months before this is completed. We have exhausted our current open purchase order (40124) with H.C. Warner Inc. and have exceeded the amount for purchasing under three written quotes. We recommend piggy backing the Fort Myers bid number 68-03-04 for purchasing cartridge filters from H.C. Warner Inc. for $4.92 each. H.C. Warner has provided an excellent product and service at a good price. We anticipate needing an additional open purchase order for H.C. Warner for the amount of $ 25,000 dollars. Funds for this purchase are in account 401-2811-536-52-75. Please place this on the next agenda for Commission approval to piggyback. Our supply of cartridge filters is getting low. If you have any questions please contact Dave Ailstock at extension 6453. Attachments cc: Barbara Conboy Utilities file - --,- ~ ._ _>"'~___"""""'C"~"_""~~. "~,......-..___""",_,,,___.,.__,._~...__~. ~~ Æ><Y~'s ~ ~~g ., , ~ « ~ ~~. cityif' F art M)ÐS, F torida P. OBcx 2443 plx:Jr 239,332-6301 Fm MJÐS, Flonda 33902 uuwcit]/im)m.am Fox: 239-332-0593 June 2, 2004 City of Boynton Beach Attn: Dave Ailstock 124 E Woolbright Road Boynton Beach, FI 33435 Re: Bid #68-03-04, Annual Supply of Cartridge Filter Elements Dear Dave, It is the policy ofthe City of Fort Myers Purchasing Division to allow other governmental agencies to "piggyback" onto its bids, providing the contractor/vendor is in agreement. If you require additional infonnation, please contact Colleen Glidden @ 239-332-6624. Sincerely, . (j,UuA ~ Colleen Glidden, Purchasing Agent II Division of Purchasing City of Fort Myers -- , - SUBMIT BID TO: City of Fort Myers '. ~ Purchasing Division City of Fort Myers, Florida 1820 Hendry Street (physical address - no mail delivery) P.O. Box 2443 INVIT ATI·ON TO BID Fort Myers, FL 33902-2443 rELEPHONE NUMBER: (239) 332-6301 Bidder Acknowledgment BIDS WILL BE OPENED: October 22, 2003 @ 2:00 P.M. . 'age: 1-9 BID NO. 68-03-04 and may not be withdrawn within 90 days after such date and time " 1AILlNG DATE: I BID TITLE: Annual Supply of Cartridge Filters -30-2003 RE-BID: DATE: TIME: LOCATION: ::DERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. DELIVERY DATE WILL BE 1.,./ DAYS UMBER after receipt of Purchase O~ ::NDOR NAME .¡f t!. (lA 1(1J€ t<. .. ,REASON FOR NO BID / ~ c... . :NDOR MAILING ÀDDRESS COpy ,. 1(J /ff€ ~ t! (/~ TV - STATE - ZIP JAt: ¡¿5o,J v/<... c.. ¿, Þl- ~"''J,D'I :EA CODE TelEPHONE # "'.31- 4','Í- II 10 ..¡. . ' '" .. FAX NUMBER, 1¡J¡ - ft)¿þ f ' ' ,-. .'.- rtIfy /hal /hIa bid Is made "'/IIOU/ pm undemsndng. 'øgreatl*ll. 01" c:onnedIon "'III sny . ,. - --. , . oration. linn. 01" parson 'aubmil/lng a bid for /he same materials. supplies Of' eqLåpmanl. and Is In 1Spec!s r.lr and wI/hout c:OI/uslon or fraud. , agree 10 abide by 811 conclllons 0I1hIa bid and AUTHOR}~~GNA.1:URE(f#.\NUAL) 'y /hat I am aulhotfzed 10 sign /his bid for the bidder MIl lhal/he bidder Is In c:ompIlenœ"'/h aU remenIs 01 the mftafIon 10 BId, InducIngbul not IIñted 10. c:eñflc:alon raquIremenIs. In . 6/~ c.J,(iJE~': é '.' . . ,i' '1 , "., ",' , IIIUng a bid. the blddër oIfers and aøre-thet If /he bid Is accepted. the bidder MIl f#Nf1'/. eeII. AUTHORIZED SIGNATURE (TYPE) TITLE " n 01" fr8nafer'lo !he CIty .. rights, 1IIIe and Interest In and 10 .. __ 01 acIon It may now CK IOI4/~j . rfter acquire under /he And-lrust laws of the UntIed Stales and .. Stal. of florida for prlco A.:- t-;" I~;"'; Ai,.', ..s4 c..E $ iI1AJAtíé~ relating 10 the parllaer c:ornmodiIles or seMees purchased. or ac:qWed by /he aty 01 Fort I. At"'e City's dlsa'edon, such 8AIgnmenI shall·be made and b8COlll8 effective et \he Ume the TITLE DATE a$lng agency tenders final payment 10 the' bidder.' . ' This ORIGINAL form MUST be completed and returned with -your bid. Bids received after above date and·tlme WILL NOT be Accepted GENERAL CONDITIONS LED B.DS: Submit bid on the fonTis provided In a SEAlED OPAQUE COMPLETION: Proposals will denote; ¡fany, the·number of calendar e:LOPE, Complete the Information listed on the eridòsed label and affix days required for cOmpletlO~)lpon receipt of award. This time may be e outside of the envelope, and return the envelope' to the' address à determining factor In the award. ifled In the bidding documents on or before the due date. Each bid or , ' A late bid shall be In a separate envelope clearly identified as such on . EVALUATION: For pUrpQses of evaluation, the bidder must utslde of the envelope. All bids are subject to the conditions, specffied IDENTIFY any variances frOrti our specification and/or conditions NO 'I. MATTER HOW SLIGHT. If variations are not stated In the proposal It will be assumed that the product or sl;lrvlce fully complies with our :UTION OF BID:' Bid must contaIn a manual signature of an . specification. rlzed representative In the space provided above. Bid must be typed 1ted Ink. Use of erasable Ink Is not permitted. All corrections made MISTAKES: Bidders are expected to examine the specifications, Ider to hlslher bid price must be Initialed. delivery schedule, prices, and all Instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. ID: If not submitting a bid, respond by returning this page with the '" aUon requested above, marklng,the envelope on the outside with PAYMENT: Completed project In all respects. liD·. Repeated failure to bid without sufficient justification shall be ANNUAL APPROPRIATIONS: The City's performance and obligaUon for removal of the bidder's name from the bidders mailing list. to pay under this contract is conting~nt upon an annual appropriation PENING: Bid opening shall be public, on the date and time specified offunds.- . . . bid documents. It Is the bidder's responsibility to assure that the bid MANUFACTURE'S NAME & APPROVED EQUIVALENTS: tered at the proper time and place. Offers by telephone. fax. or m are NOT acceptable. Any manufacture's name, trade names. brand names. Information, and/or catalog numbers listed In a specification are for InformatIon, S, TERMS, AND PAYMENT: Prices quoted must be prices for new not to limit competition. The bidder may offer any brand for which Indise unless otherwise specified. Any bids containing modifying or he/she is an authorized representative, which meets or exceeds the tor" clauses will not be considered unless specifically requested In specification for any Item(s}. If bids are based on equlvalentproducls. j speclflcaUons. Del/very and/or Instaßation will be F.O.B. Indicate on the bid form the manufacturer's name, model number, and tion, Fort Myers, Florida. indicate any deviation from the specification. .....-..-'~,--',.~^-- cc___ . '~__<'____,~c 'n_'_ CONFLICT OF INTEREST: All bidders "1._ ,disclose with their bid, the SERVICE & WARRA ,: Unless otherwise specified. the bIdder shall· ' name of any officer. director, or agent who Is also an employee of the define any warranty service and replacements that will be provided City of Fort Myers, or any of Its agencies. Furthermore all bidders must during and subsequent to this contract. Bidder must explain on a disclose the name of any City employee who owns, directly or Indirectly, attached sheet to what extent warranty and service. facilities are an Interest of ten (10%) or more In the bidder's firm or any of its provided. branches. 'RDS: The City of Fort Myers reserves the rights, when it Is deemed LEGAL REQUIREMENTS: Federal, State, County and City Jaws, ordinances, rules and regulations that In any manner affect the Items ; City's best interest: covered herein apply. Lack of knowledge by the bidder will no way be a cause for relief from responsibility. " , To make award(s) Individual item, group of items, all 'or none, or a 'PRICE ADJUSTMENTS: Any price decrease effectuated during the combination thereof. - it' contract period either by reason of market change or on the part of the contractor to other customers shall be passed· on to the City of Fort To allow or disallow minor variations to City specifications, terms and Myers conditions ,if deviation equally performs the required function and Is of INFORMATION & DESCRIPTIVE LITERATURE: Bidders must fumish equal or better quality. To purchase what It consIders best' from the standpoint of price, ' all information required in the spaces provided on the proposal form. Further, as may be specified elsewhere, each bidder must submit with quality. and suitability for intended use and other decisive factors. . "---..., his proposal cuts, ~~etches, and descriptive literature andlor complete specifications covering the prodllcts and/or services offered. To cancel any contract In which the supplier reserves the right to raise Reference to IIte.rature submitted with a previous bid will not satisfy this prices. To cancel said contract during Its term whenever It appears provision. Bids which do not comply with these requirements are that the City can secure the same prodùct at a price less than the price subject to reJection. raise of the supplier. AUTHORITY TO PIGGYBACK: It is hereby made a precondlUon of The Cltv reserves the rlaht to relect any and all bids with or bidding and a part of these specifications that the submlsslón of any wfthout ·cause andlor to acceot the bid that althouah may not be bid In response to this request constitutes a bid made unéler the' same the lowest bid. Is In "s~dament. In th! best Interest of the CItv of conditions, for the same price aOd for the same effective perIocJ as this Fort Mvers. ..,." ", / "...} bid to all govemmental agendes. It Is further understood ~t any .ø . PJ \'.."I!ic.:# ~l other governmental agency that effects to purchase 1Igalnst the award will Issue ItS o~ purChase order {s) and will require 'separate blOng. NONCONFORMANCE TO CONTRACT STANDARDS: The material TERMINATION BY THE CITY: and/or services dellverèd under this proposal shall remain the property . The City may, at Its discretion, terminate this contract for procurement of Df the seller until a physical Inspection and actual usage of this material.. comrnodi!i~ ·.or services at any time, In whole or In part, without. any, and/or s.ervlee Is accepted to the satisfaction of the CIty and Is to be In.. de~ult on tfi.e þart of the voodor; by gMng thirty (30) days wrlttoo notice. '. ::ompllant:e. ~th the terms herein;' fully In accOrdance. IIiIIth . the ,;, .:7 ,; .. : . ~': ¡ ....:.::, \:.:, ,,' ,'. '.,. . .: . _.' ". ' ,..., . ',: . : .'. " :.. ~peciflcatlons and be of the highest quality. I., thè ~~ei1~ tI1.e ~aterlal: : I.NTER.P~EJA~()t<J.S.I9,/SP':J~S:Anyqu~lIons concemlng condltl~ 3""'" services suppUed to the CIty Is found to be defeCtIve or does not. and speÇIllca.uo~ mus~ be directed to.thls office no later that five (5) ~ ) to specifications, the City reserves the right to cancel tt¡e order days prior to the bid opening: ~/nqulries must reference the data of.tf1e. Ip~ ...nlten notice to the seller and to hàve the situation corrected to the bid openIng and /;lId number.' '. .' , ~Ity's satisfaction. .' ' '.' . LO(:AL VENDOR PREFERENCE: The City of Fort Myèrs 'City Code;' rAXES: The City of Fort Myers Is exempt from any taxes Imposed by Section 7-52.pertalning to the procurement of general services, goods ¡tate and/or Federal Government Exemption Certificates will be and/or professional services provides for a preference In the amount of iJmlshed upon request. 5% which may be glvooto City of Fort Mýers busInesses and the amount of 3% which may be given to 'lee County businesses. No >rdlnance No 3126 Mlnoiity!=lusJn~s Ent~~rlse .(ft.4BE) . business shall be qualified to receive a preference amount that èxceeds . ". 'five percent (5%): Vendorsthat'deslre' to be considered under the local he City of Fort Myers has established an MBE Ordinance for vendor preference code must completely fiU out the attached "Local xpendltures of construction, professional services, goods and other Vendor Preference Application & Affidavlr and sub{nlt with their bid at ervlœs. Minority Business Enterprise (MBE) are businesses who are the time of bid opening. ertifled by the state of FlOrida OffIce of Supplier DIVersity and whose rlncipal place of business Is located within the boundaries of Lee ounty. lote: Any and all special conditions attached hereto which vary from these General :onditions shall have precedence. lease be advise¿fthat overnight delivery to the'post office box will not arrive before 10:00 a.m. the '/lowing morning. It ·Is the responsi~ility of th~, remi~lng . party to fnsure that sufficient' ostage h,as been. placed· on. the en~e.lope... . The City' ~iII . not accept bid envelopes with' ostage due. lese General Conditions and the accom'panyingbid constitutes an offer from the' bidder. If any or I parts of the bid are accepted by the City of Fort Myers, the City Clerk shal/ affix City signatures ~ I and this shall then constitute the written agreement between the parties. The conditions of is H.>nn become a part of the written agreement between the parties. - " Proposal For Bid #68-03-04, Annual Supply of Cartridge Filter Elements Date Submitted: 10 ¡, 'I--/oj . To: City of Fort Myers - .,. After carefully reviewing the above specifications and conditions, I hereby propose the following: - Estimated usage: 4000 cartridges. One (1) Micron ,4j.luL MØJ¿L $ 5: ov each H;=-r (If!( ':¡'øÂ ' 9(J,J Estimated usage: 2000 Five (5) Micron IJAIl./(..=L MðJél- $ 4. f~ each -H¡---r.sA( ¢oÂ . Jv...J Estimated usage: 156 cartridges Ten (10) Micron 1M.ItÃL ,t{ oþ ~ L.. $ ~. S"-¡., each M 'f,{ -/.0 A SE:"E AffAc"''::9 Product specifications included for each filter bid? (check one) ./ yes~no t..f -n= L"f"vLé, t:'". ~ A...7G,(.. M M. ,"..k. ,zr:::¡:,t;, t;¡ ¡Jc"¡ . ¡.jp ,.)¿¿~ ~ample of each alternate filter bid submitted? (check one) yes~o FÎL JIJ.¿Of,,,G. AJ itté (1 ,71 A,-L~4~' t(4..J JA.M'c..é . )elivery to be F.O.B. destination City of Fort Myers Water Treatnient Plant, 2751 Jacksonville Street, Fort ..1yers, Florida 33916 within ~, calendar days after receipt of order. (Note: Delivery shall be no longer han 3 weeks :&om the dateline order is placed.) .~ +I. C tJ 4 ¡J. ¡..J G: ¡t.. , ItJ C . - í ame of Company th . d....... ~ Au onze SIgnature 1,710 Af£l.e(/,iý /{O.,49 GiL ~1I..,Jé L , II t:: c:, I (),J Æt- J4,-c:.s .ddress Typed name and title .A14. ¡./ 4 q fé tl.- JAc K..5ð ,.../V/ t- L G - (,Of) 1 j1- f 4-11 ('"Æ:LÆ I"¡"~¿) , 1-'- .:11- 1,,, 1 ity State· Zip Telephone and fax number (71J'-Í ) 1'1- {;,(J<f- (r4. i.) 6 ~...._~.~- .' -'-. ~ - .,__ ,._~~,._.._.._,c__.>,_____, _ '_"'__'_"-~'______~__~'~_______""_''-''F____.__ , Cl'IY OF FORT MYERS OFFICIAL BID FORM THIS SERVES AS THE ACKNOWLEDGEMENT OF RECEIPT 0' ADDENDUMS . - ~ BID NUMBER: 68-03-04 BID TITLE: ANNUAL SUPPLY OF CARTRIDGE FILTERS NUMBER OF PAGES: TWO (1) (bUDding thú COni' pale) DATE ADDENDUM NUMBER I~! j / 0.3 If ç,tf ~ 0 ý - () 1- . AN A.JmJNDYM ACKNOWLIt~'RMRNT FORM AS PRO~En KRamOR AS PROVIDED IN :I8I Bm DOCUMENTS MUST BE RETURNED ALONG W[J'II YOUR BID folIc/- /d~ II. (l. tJA~ 1J{Ç ~ l'Me. DATE ~ (71)«.) 1:;1- 1fll PHONE NUMBER AurB - ZEDSIGNATVltI cq;1... ~L,J£, It- - - - - - ~ .~...... :¡:'-, . . . . . . . . ~i . . . . .. . . . . ~~-, ¡ .. .. . . .. .. ... .. . . !;I ; .. .. .. .. .. .. .. .. .. .. .. .. ~ .. . . . .. .. .. .. . .. ~ E Multipurpose Filtration Solutions With Parker's' Wound Depth Cartridges"' Parker Process Filtration has been a leader in filter media innovation and performance since we first invented the Honeycomb TM Filter Tube over 60 years ago. Parker has the world's largest manufacturing capacity for wound cartridges, offering superior quality along with technical, engineering and marketing support. . ~~~ ~ · Effective removal ratings at no;inal 90:) ~ efficiency from 0.5µm to 150µm range. Applications · Animal Oils · Oxidizing Agents · Concentrated · Petroleum Oils Alkalies · Photo Solutions · Dilute Acids · Potable Liquids & Alkalies · Vegetable Oils · Mineral Acids · Water · Organic Acids · Prefilter for Membranes & Solvents · Amines Features and Benefits · A broad range of media providing excellent · A special snap-in extender is available for compatibility with a variety of organic solvents, polypropylene cores. animal, petroleum and vegetable oils. · Cotton, rayon, polypropylene, arid polyester · Optional core covers and end treatments materials are FDA listed as acceptable for potable assure fiber migration control. and edible liquid contact according to CFR Title 21. · Multiple length cartridges minimize ¿hangeout · Various O-ring and end cap options are available. time, eliminate spacers and are available to fit competitive filter vessels. · FDA grade polypropylene meets NSF61 standard for drinking water filtration. · One-piece metal extended center core option eliminates the need for cartridge guides in all competitive and Fulflo@ multicartridge vessels. Process Filtration Division B "Ii C-1000 Elf 11/99 R 01102 .& W"'-OI FAJUR.OR_ROPÐ"EU~OR"PIIOPERUS.OFTH.PRODUCTSANOIORSYSTE"'O.SCRI..OHEREINORR.LATEDIT....CANCAUSI! =m u en. . ev. DEATH. PERSONAL INJURY AND PROPERTY DAMAGe:. C 2000 Parker Hannilln Corporation ! Th;o_....___..-__-..._.............-_........__.m_...........__ . by ~ having tIIChnIc.t....... ." 1mpafIa1(" JGU ~ at UþKtI 01 JOUf apptalÎGft and fW\IMtW' /he ltllonnatian C'OftCamwtgI .,. product or sysrem '" 1M CUffeN All Rights Reserved ptOducI ~ Due 10 the.,.,.., ~ oøeradnt CiDIdIoN, .... ~ lor..... proctudS or .systemS. .". UUI. ttvough . OvIn IIMIy1;Is and testinG- is solely ~ . Page 1 of 4 for making!he"",,~" lodhe' ptOdUds andllyStelM and .s.sutirvJ thai.' pef1otm~nctI. pIety and ....rNng requlremenls or the aprJli(:¡tlion III"? met FHt~2!~ 0::::1 -~----~~--..._,~"'-,-~ .~-".,.-~.-'".- ,~",_..,---,-.., -"----,<..~,...,,'~~.'._.__.~ Specifications .--- Wound Depth Cartridge Design and Function Wound cartridges provide depth fHtration by trapping its flow cutoff when loaded. In true depth filtration utilizing share~ of particles. Wound addition, the irregular outer hundreds of tapered filtering cartridges offer a gradual layer reduces surface blinding, passages of controlled size pressure increase during assuring both longer cartridge and shape. Each layer of cartridge life versus surface- life and full cartridge utilization. roving contributes to true type media that have an abrupt Unique Ultrafine Wound Depth Cartridges for Critical Filtration Applications Included in the Honeycomb TM significantly extending membrane Suggested applications include: wound depth cartridge family is a life. Ultrafine cartridges remove · Prefilter for membranes unique filter cartridge specifically 90% of particles larger than 0.5µm · Rinse water in semiconductor ~ desigried for critical filtration in size. This type of filtration manufacturing í ') \ / a""lications in the O.5µm range. provides excellent protection for · Fine filtration for ultrasonic .- 1 n absolute 0.5µm filtration is equipment or processes that must parts, washer solvents and required, the Ultrafine cartridge be protected from fine particles. other high-purity solvents can be used as a prefilter, thèreby · Prefilter for indùstrial reverse osmosis equipment lJltrafineOrdering Information' ~~- ." : ~~~~~"r:,:~-:·.: ~~~~.'_ ", '~' - '" ~ . ~ . . - ~ i~ ,-J.. J . .turn:. \'. . "1:-' ~O~ina( Length Support Core Material (.;.·',,'Js:,-."·,'" .J!'~~7~: J~1~,~¡.:.~~._ !, - , . - _~:=fQ~ g':.~de cotton 9-4 = 9-7/8 No Symbol = tinned steel _.~ =~l?~º~~.9.e r~0!:1_ 10 = 10 A = pelypropylene M = FDA grade polypropylene 19-4 = 19-1/2 A3 = glass filed polypropylene - .-..-...,----.- ----.--.---- . ._----_. ---. #_-.".,. ::r_:=i!1d.~~t~~I~rade polypropylene 20 = 20 G = 304 stainless steel V\Iº,=}r~d~~!~!~!dgrade white cottc:~__._. 29-4 = 29-1/4 S = 316 stainless steel 30 = 30-3/16 ..' . .-.-- . -- -.- -. ,,----~------_._._- 39 = 39 -- ' . >-... .'.,.-- .-----.....-..-... .-.'---.-- _._'-'--_._-----~--------~_. -----_.._~-_._-------_..._-- 40 = 40-3/16 - ---- --~~-,-. -- .- I cample: V 10S ";!tin (':·1000 , 2 of 4 '\ 18 Wound Cartridge Flow Factors for Aqueous a Wound Cartridge Flow Factors for Nonaqueous (Water Based) Fluids (psldJgpm @ 1 cks) (Solvent or Oil Based) Fluids (psid/gpm @ 1 cks) .",-,,",-,.,~ ,"'" ,,;~ ;i;Ràting',' Po~ster C9tton' ,:. :1 l\;-)-fi:o:!a) , ' .,. ',NYlóq' ., . , Rayon. " : '. - "G/ass"~ Ij";ý., to ~.J,.,- ~ ~:ç "'.;> ___' r.. :: r- . ¿ > - l - -_.':'~ ...~...,..~~,,' - ~/' \:il 0.5 0.9924 2.6590 0.5000 0.5 1.1835 1.3800 0.5000 , ~ 0.7463 2.0000 -. 0.4211 1 1.0000 0.7519 0.4211 ¡ ~~_____0.3330 0.6250 0.3478 3 0.5800 0.3003 0.3478 ; ~ 5 0.2381 0.3636 0.1951 5 0.3003 0.1949 0.1951 i I----:¡O-~=~~-- 0.1429 0.1931 0.1430! 10 0.1299 0.1000 0.1430 ! ~~20 0.0898 0.1075 0.1096 I 20 0.0560 0.0350 0.1096 ¡ 30 0.0704 0.0855 0.0816 30 0.0200 0.0175 0.0816 ! 50 0.0595 0.0709 0.0678 I 50 0.0141 0.0130 0.0678 j 75 0.0538 0.0645 0.0611 75 0.0120 0.0100 0.0611 I 100 0.0500 0.0624 0.0590 100 0.0080 0.0065 0.0590 ì . Wound Cartridge Length Factors II Wound Cartridge Nominal MIcrometer Ratings ,- .. ~ " -/- ,~'ëàitridgè ' ~ " Rating Compressed Air and ,: Length .' Lengt.. . j , '>c; ,: '_ ' ." . _ , (in) '. FactOr:-'~ :.<'~lgl.tat,r~n "...... " _ (pm) Gas Mlcro~Ratmg ~' ,'.. -,_ "; _'"" r '\ :.> ~,;: ~~,t...,!-i.-.. ,«"... ~t(,.,. , . _ ... 1'0" ,,- 1.0 - BR, E8R, N8R, UBR, 20 2.0 S8R, M8R, R8R, T8R, WCBR 100 15 30 3.0 1ÓR, E10R, N10R, U10R, ' 40 4.0 S10R, R10R, T10R, M10R, WC10R 75 13 50 5.0 11R, E11R, N11R, U11R, S11R, M11R, R11R, T11R, WC11R 50 12 Flow Rate and Pressure Drop Formulae: 12R, E12R, N12R, U12R, FI )=CIeanM'LengthFactor S12R, M12R, R12R,T12R, WC12R 40 - ow Rate (gpm x 13R E13R N13R U13R V' 'ty FI F ct r ,," I Iseasl x ow a 0 S13R, M13R, H13R, T13R, WC13R 30 10 Clean.6P = Flow Rate x Viscosity x Flow Factor 15R, E15R, N15R, U15R, ! Length Factor S15R, M15R, R15R, T15R, WC15R 20 7 I 17R,E17R,N17R,U17R, , Notes: S17R¡ M17R, R17R, T17R, WC17R 15 5 í 1. Clean AP is EID differential at start. 19R E19R N19R U19R 2. Viscosity is centistokes. ' , , , ¡ Use Conversion Tables for other units. S19R, M19R, R19R, T19R, WC19R 10 3, 3. Flow Factor is .6PìGPM al1 cks 21 R, E21 R, N21 R, U21 R, - for10in(orsingfe). , S21R M21R R21R T21R WC21R 7 - 4. Length Factors convert flow or.6P from 10 in r-~--·!...,--,..!·_·_·,-_!- (single length) to required cartridge length. 23R, E23R, N23R, U23R, _~g,~~! M23.1=!!.._~?3~h1.:g3R, WC23R 5 2 f27R,E27R,N27R,U27R, /_S2?ßJI¡12(f!,_F=!~?:B.._Ig7R, WC27R 3 ___1 39R,E39R,N39R,U39R, ¡ S39R, M39R. R39R, T39R, WC39R 1 Less than 1 L_~_______ _"_.,~__.__,,...___.____~_~___._~ _._____________~__~______~_. Bullelin C-1000 Page 3 of 4 / '," Dun, .~,~~ er,e . . , ' , . ., . . , : '. f .: -. . ., ~ " , ~ I .,~ - . . . . . !" '" r ~ < - ! ~ ' , . . .. ~r, , ~"ecifications m Wound Cartridge Glass Fiber Nominal Micrometer Ratings "ominal Removal Ratings: ~~ej((JtCf!'è"' . . Compressed '.: ~Æ"';>,;;"",, ,9 ¡. '. '. · @ 90% efficiency from ~~~a liqu.ids _ Air and GaSes~_ . 150µm to O.5µm I K58 100 - 150 100+ ~K5R 75 - 100 10 Recommended Operating Conditions: [ - K6R 40 7 · Change Out ~p: 30 psi (2.1 bar) , K8R 30 5 · Maximum Operating ð.P @ ! K10R 20 3 Ambient Temperature: 60 psi (4.1 bar) ¡---- K12R 15 1 · Flow Rate: 5 gpm per 10 in cartridge r K15R 10 <1 ì K19R 5 <1 Dimensions: f · 1 in 10 x 2-7/16 00 ¡ K23R 3 <1 1---- 3 in to 50 in lengths ¡ K27R 1 <1 !/Ò9R 0.5 <1 II Maximum Operating Temperature @ 35 psid Cotton 250°F (121°C) Glass 750°F (402·C) - - Nylon 275°F (135°C) 120°F (49°C) - Polypropylene 200°F (93°C) 120°F (49°C)t 200°F (93°C) Polyester 275°F (135°C) 120°F (49°C) - 8ayon 250°F (121·C) -120°F (49·C) - Ordering Information T 13 R 30 A Y M XA - I I I I I I I I I artridge Code Density Micron Nominal Nominal Cartridge Core Material Core Cove, End End Cap Seal Material Number Rating Cartridge DIameter Material Treatment Configuration (um) Length (In) ] Symbol = Colton (FDA) 6R 150 3 = 3 No Symbol = No Symbol = TiMed Steel No Symbol = No Symbof = None ~ DOE (without None = Slandard = FDA Grade Rayon 8R 100 4 = 4 1 in ID x 2-7/16 in OD A = Polypropylene No Cover No Trealment gaskets) DOE = Baked Glass 10R 75 5 = 5 -2= 1 in1Dx2-11/16inOD A3 = Glass-FJIled B = Nyfon D = Soörum -DO = DOE (With A = Poly- Fiber 11R 50 6 = 6 -45= 1inIDx4-1/2inOD Polypropylene Y = Nonwoven Silcare Gaskets) ethylene = FDA Grade 12R 40 7 = 7 (9-7;5 and 20 In G = 304 Stainless Sleel Polyester L = Lacquer - TC = 222/CIosed E = EPR PoIypropyfene 13R 30 8 = 8 length only) for FuIIIo 5 = 316 Sfajnless Steel W = Cellulosic M = Singed - TF = 222/F1n N = BunaN = Nylon 14R 25 9-4 = 9-7/8 LTGandAmetek SR = Passivated 316 SS Paper -SC = 226ICIosed S = SiDcone = Rayon 15R 20 10 = 10 Big Blue Vessels (Special Order) Y = PoIypropyfene -SF = 226/F1O Y = Viton' = Polyester (FDA) 17R 15 19-4 = 19-1/2 XA = PoIypro = Indusllial Grade 19R 10 20 = 20 Extender Polypropyfene 21R 7 29-4 = 29-1/4 XC = Metal Extender = Nalural Colton 23R 5 30 = 30-3116 = Unbaked Glass 27R 3 39-4 = 39 Fiber 39R 1 40 = 40-3/16 = White Cotton 50 = 50 - Process Filtration Division v "nark of E. I. duPont de Nemours & Co. Parker Hannlfln Corporation - Process Filtration Division ;larker 6840 Intech Boulevard Indianapolis,lndiana 46278 Filtration Toll Free 1-888-c-FULFLO (238-5356) Telephone (317) 275-8300 rax Cd II) 2/:>-&410 hUP:/Iwww.parker.com City of Fort Myers Bid Tabulation For Bid $68-03-04, Annual Supply of Cartridge Filters Bid Opening Date: October 22,2003 (â}, 2:00 P.M. Bidder: H.C. Warner, Tri Dim Filter Harmsco Filtration System Incorporated Corporation Filtration Equipment & Components 2970 Mercury 1305 SE Dixie 716949th Supply Corporation Rd Hwy., Ste F Terrace North 29565 Lazy 6750 West Jacksonville, Stuart, FI West Palm Pine Drive Hwy40 Fl32207 34994 Beach, FI Huffman, TX Ocala, Fl 33407 77366 34482 One Micron $5.02 $4.19 $13 .24 $4.06 $4.97 Five Micron $4.92 $4.19 $12.34 $4.04 $4.65 Ten Micron $6.52 $4.19 $12.20 $4.02 $4.42 Delivery Days 21 days 21 days 15 days 17 days 20 days "Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late." No Bid: Filter Equipment, Co., Inc. Waco Accutech Instrumentation American Water Chemicals Low bid did not meet the following specifications: 1. Cartridge Filter manufacturer must be an ISO 9000 company. 2. Polypropylene must be NSF 61 approved. -~--,,--- ,,',._----~- ',---»--.-.~ ~ ~.~ City of Fort Myers COUNCIL AGENDA ITEM SUMMARY Clly 01 Pal",. 1. A. REQUESTED MOTION: 2. SUBJECT: Award of Bid #68-00-01, Annual Supply of Cartridge filters to Award of Bid #68-00-01, Annual Supply of Cartridge HC Warner, Incorporated in an estimated annual expenditure of $36,144. 1. B. FUNDING SOURCE: 3. MEETING DATE: Water Treatment Plant - Operating - 401-0908-533-5200 - $36,144. December 15, 2003 4. AGENDA: 5. PERSON INITIATING REQUEST: r?'I CONSENT A. (ALL REQUESTS) n COUNCIL MEMBER'S AGENDA NAME: Laurie Victory n REPORT OF MAYOR DEPT: Purchasing n REPORT OF CITY CLERK DATE: 11/12/2003 n PETITIONS & COMMUNICATIONS WARD # n ORDINANCES & RESOLUTIONS n MISCELLANEOUS BUSINESS 6. A. BACKGROUND: It is recommended that this bid be awarded to HC Warner, Incorporated. The products bid by the other vendors did no meet the NSF 61 Approval, which was required by the bid specification." 6. B. FISCAL IMPACT: 7. RECOMMENDED COUNCIL COMMITTEE REVIEW: Reviewed bv: DATE: INITIATORS SELECTION OF DEPT. THAT SHOULD REVIEW ~ RECEIVEDTOO LATE TO REVIEW APPROVAL BOX I INITIALS I R A INI I R A INI I R A INI B&Z FINANCE MPO REAL ESTATE CEMETERY , GOLF COUR. PARKS/REC SAFETY i EDISON HOME : HIST MUS. I PUB WKS/UTIL YACHT BASIN [j ENVIRON. MIS PURCHASING ., , 8. RECOMMENDED APPROVAL B&z GOLF CRS PUB. SAFE PARKS/RECR. BURR.HOME HARBSDE OMB EC.DEV CLERK - , HIST.MUS. I MIS Y BASIN I CRNDRA HUMAN RES. PUB. WKS. ., EXECUTIVE J DBEIBDC - PLANNING INT. AUDIT ADMINISTRATIVE EDISON EST , MAYOR PURCHSG. ., PROFESSIONAL FIN/UTIL ACTG !': IMG I .! j LEGAURM OVERTIME I OIINr.rl Ac-,T()N: Approved Denied Tabled Public Hearing Continued To Removed II (BY: ) File Name: VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 8.5 AGENDA ITEM REQUEST FOkn'. 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) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation [g Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Motion to purchase from Kustom Signals, Inc. 20 in car video cameras and 4 motorcycle cameras at a cost of 128,220.00, a workstation and server to upload and maintain a 5-terabyte database to store video images at a cost of $60,000.00. EXPLANATION: During the past 3 months we have been evaluating different vendors in their digital in-car camera systems. We set 4 different criteria for the evaluation: Digital Technology, ease of use for officer operation, stability and reliability and ease of installation. (") All the equipment we look at is in the same price range of $5,500 per unit. C) ("')=t We will be using the State of Georgia contract as to they have not completed the State of Florida contract as of this ~. =ï-< c -<0 PROGRAM IMPACT: Z ('"")" N 'CU Continue to repair older VHS equipment. ,&:- fT1e ::2-< FISCAL IMPACT: :Þa ~~:z: Federal Treasury and Justice Forfeiture Funds U)-I :x 0 Account 691-5000-590-04-22 $128,220.00 co O::z: " Account 691-5000-590-04-23 $ 60,000.00 ""'leD - -1"'1 Funding request will have no fiscal impact on our budget. - C>)> 1"'1(") ~ :x: ALTERN~~~/___--/ P Department Head's Signature City Manager's Signature Police ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC - Quotation UllOM SIGN~ ,NC. Pa2e 1 of2 A IL88DIARY CFPUIUCUFETY IiQIIPBiHT, M: _ Pfbrn. L.eneu Ø..ZfNN7 J1WD14OØ .....1'..:z~?1II .......·......IQ.,.....com _1IIIIrID......,-.- Date 05/1412004 To... MIKE MUNRO/ DOUG SOLOMON Quote # 205899630725356 BOYNTON BEACH POLICE DEPT Terms 100 E BOYNTON BEACH BLVD This Quote Expires on 08/1212004 POBOX310 Phone 561-742-6100 BOYNTON BEACH FL 33435-3838 Fax 561-742-6185 Q!y Product Description UnitPrice SubTotal 20 COMPLETE DIGITAL EYEWITNESS, REMOVABLE HARD DRIVE $5,499.00 $109,980.0 20 SIDPPING & HANDLING $40.00 $800.00 20 INCLUDES REAR CAMERA CONSOLE, SURE TALK TRANSMITTER, IN-CAR $0.00 $0.00 MIC $0.00 4 MOTOR EYE - 8MM RECORDING SYSTEM $4,275.00 $17,100.00 4 TONE CODED SQUELCH, VARY WIRELESS TRANSMITTER'S F2 $45.00 $180.00 FREQUENCY 4 SIDPPING & HANDLING $40.00 $160.00 AVAILABLE OPTIONS: NOT INCLUDED IN ABOVE PRICING $0.00 CRASH ACTIVATION FOR DIGITAL EYEWITNESS $220.00 $0.00 EXTENDED WARRANTIES A V AILABLE FOR DIGITAL EYEWITNESS AND/OR MOTOR EYE Total $128,220.00 I 0 Pa~nts of $0.00 per @ 0.00% APR I ignature itle I I Toll Free 800-4KUSTOM (800-458-7866) ·- Quotation nnoa SIGNALS, INC. Pa2e 2 of2 AII8IIDIARY CFPUalCUFÐY IiQIIP-.n',1tC .. PtbIn. L.eœ.ø a tilt NM7 . ~..ca-I4OIt .... 111.a-l ,. ........-.n....com -.1oIøIa......'_ Date 04/1512004 To... MIKE MUNRO Quote # 208799709380056 BOYNTON BEACH POLICE DEPT Terms Net 30 100 E BOYNTON BEACH BLVD This Quote Expires on 07/14/2004 POBOX310 Phone 561-742-6100 BOYNTON BEACH FL 33435-3838 Fax 561-742-6185 Q!y Product Description UnitPrice SubTotal PRICING FOR DIGITAL EYEWITNESS MEDIA MANAGER - COMPLETE PACKAGE 15 CARS RUNNING 2 SHIFTS PER DAY STORAGE: 30DAYS-3TB $52,000.00 $0.00 STORAGE: 60DAYS-5TB $60,000.00 $0.00 SHIPPING $100.00 $0.00 THIS PRICING INCLUDES THE COMPLETE PACKAGE (SERVER, HARDWARE, SOFTWARE, ETC) ONE YEAR WARRANTY Total $0.00 Signature Title I I Toll Free 800-4KUSTOM (800-458-7866) CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Chief Gage DATE: 06/03/2004 FILE: SUBJECT: In Car Video Camera Backup Documentation FROM: Doug Solomon REFERENCES: ENCLOSURES: When looking at different vendors for In-Car Cameras, we decided on the following criteria. 1. Digital Technology 2. Ease of Use for the Officer and Sergeant, both in the car and uploading of video images. 3. Stability and Reliability 4. Ease of Installation, including compatibility with our existing power configuration in the cars 5. Price It should be noted that this project was initially spearheaded by Sgt. Prestinari. This included speaking to vendors, scheduling demonstrations, and making the final recommendation. The initial research was done through literature obtained from vendors who attended the Florida Police Chief's Conferences, trade publications, speaking with other agencies, and the Internet. Once we were confident that the vendors met the first four criteria, we narrowed them down by approximate price, and decided to look at the following 3 vendors. Each vendor offered their systems for approximately $5,500 per unit. Kustom Signal mMlCoban Sequent Technologies Here is a synopsis of each vendor and our demonstration experiences. Kustom Signal This vendor was chosen because we currently have over 30 of their cameras in the cars. These VHS systems are over 7 years old, long outliving their expected lifespan. We installed a demo unit in Officer McNevin's Traffic Homicide car. This unit was easily installed, ran without a hitch for over 45 days, was securely mounted in the trunk of the car, and earned the endorsement of Officer McNevin. IBM/Coban This vendor was chosen because they met all the above criteria, especially the stability of all the IBM products the department currently uses. This digital system was also installed in Officer McNevin's car. The installation took over 6 hours, and once the vendor left, we were never able to get the system to function properly. IBM immediately sent a new system, which we were able to install, but it never worked to the officer's satisfaction. The other reason we did not go with this system is the way the camera was mounted in the car, there were sharp edges exposed, which was a cause of concern about the officer's safety in the event of an accident. . Sequent Technologies fhis vendor was chosen due to an interesting configuration available that would allow us to mount the data modem in with the camera system in the trunk, and make the connection to laptop via a network cable, as opposed to the serial cable we currently use. We had a demonstration with this vendor, and while the system worked adequately in the demonstration, there were things that we saw as potential problem. One was that the video was stored on the hard drive of the laptop, not in a self contained hard drive. This required the officer to pull in to the station and initiate a download via wireless technology, meaning that there was a potential for bogging down the network during shift change, delaying an officer from removing his gear and laptop from the vehicle, and delaying the next officer from going on duty in that vehicle. We were also concerned about the stability of some of the older laptops, and the propensity of hardware failures and performance issues. Recommendation Given the success of the demonstration, the ease of use, the ease of installation, the proven track record of the equipment and service, and the officer's endorsement, the Technical Services Unit recommends Kustom Signal as the provider of Digital In-Car Video Camera's for the Boynton Beach Police Department. This purchase would include 20 camera's (including a spare hard drive for each camera), a Workstation to be used to upload the video images, and a 30 TB (terabyte) server to store data. With this system, we will be able to store video images for 30 days before they are expunged, be able to view the videos from any workstation on the network (provided the user is authorized to do so), and bum videos to CD or DVD. Depending on our retention policy, there is an option to purchase a 60 TB server should we decide we need to keep videos for . 'Jnger than 30 days CITY OF BOYNTON BEACE VI.-CONSENT AGENDA AGENDA ITEM REQUEST FOJ ITEM C.1 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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Approve an amendment to Rule #18 of the Cemetery Rules & Regulations regarding flowers at the Mausoleum. (New language noted below) EXPLANATION: During the past year, the Cemetery Board has been reviewing the Cemetery Rules and Regulations and has made a recommendation to amend Rule #18 that deals with flowers/plants at the Mausoleum. Suggested language changes have gone back and forth between the Board and Mr. Brady Osborne and on May 4,2004, I forwarded the following language change to Mr. Osborne for his review: "18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." In accordance with Rule #23 of the Cemetery Rules & Regulations, Mr. Osborne was notified that the Cemetery Board's recommendation would go before the City Commission for review and approval. Mr. Osborne has n2t expressed any objection to this proposed rule change. PROGRAM IMPACT: None FISCAL IMPACT: None ~ City Manager's Signatùre City Oerk's Office City Attorney / Finance / Human Resources 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING RULE #18, OF 5 THE CEMETERY RULES & REGULATIONS 6 REGARDING FLOWERS AT THE MAUSOLEUM; 7 AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and 10 Regulations and does hereby recommend an amendment to Rule #18, regarding 11 flowers/plants at the mausoleum; and 12 WHEREAS, upon recommendation from the Cemetery Board, the City 13 Commission has detennined that Rule #18, shall be deleted in its entirety, and a new Rule 14 #18 shaH be created to set forth proper procedure for placement of flowers/plants at the 15 Mausoleum; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 17 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 18 Section 1. Each Whereas clause set forth above is hereby ratified as being true 19 and correct and incorporated herein by this reference; 20 Section 2. The City Commission of the City of Boynton Beach, Florida, 21 amends Rule #18 of the Rules and Regulations of the Cemetery Boards by deleting the 22 current Rule in its entirety and by creating a new Rule #18, to read as follows: 23 18. No artificial flowers. except silk flowers. are permitted in or around 24 Mausoleum buildin2s. All flowers must be placed in front of or near a 25 particular crypt or niche and fresh flowers can remain for a maximum 26 period of three (3) days. One (1) vase per crypt/niche will be allowed. 27 Flowers must be in a container that has a solid base so that it will easilv stand 28 erect. Emplovees will. for maintenance purposes. move and replace these 29 items with care. but the City does not accept resoonsibilitv for replacine: 30 broken items unless there is a clear nee:lie:ence on the part of the City 31 emplovee(s ). After the third dav. or in the case of silk flowers. when the 32 Cemetery Manae:er determines that the flowers have become unsie:l1t1v. said 33 flowers and holder shall be removed and disposed of in a manner acceptable :\CA\RESO\Administrative\Cemetery R&R - Flowers - Rule 18.doc 1 to the Cemetery Manaeer. 2 No potted plants containine soil, perlite, or other loose materials are 3 permitted in chapels or walkwavs in the Mausoleum. (Note. City emplovees 4 may remove any item placed on a crypt/niche site that becomes untidy or 5 unsiehtlV,in the sole and absolute discretion of the City). 6 7 Section 3. This Resolution shan take effect immediately upon passage. 8 9 PASSED AND ADOPTED this _ day of July, 2004. 10 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor 15 16 17 Vice Mayor 18 19 20 C01TI11llssioner 21 22 23 C01TI11llssioner 24 25 26 C01TI11llssioner 27 ATIEST: 28 29 30 City Clerk 31 32 33 :\CA\RESO\Administrative\Cemetery R&R - Rowers - Rule 18.doc NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Regulations Amended April 20, 2004 GENERAL 1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no circumstances will lots be allowed to have on them growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City employees. 3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground. These items must be tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the appearance of the Cemetery.) 4. All lot enclosures of any kind whatever are prohibited. Corner stones properly numbered and set flush with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. 5. No person shall be allowed to perform any modification or construction on a lot without a permit from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the City. 7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed on a six (6) inch concrete base, subject to proper permit and fees. 8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. 1 9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery. 10. No wooden boxes may be used for interment. Casket must be encased in a solid container - concrete container or vault. 11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. 12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. 13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. 14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk.. MAUSOLEUM 15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purchaser's name, address and phone number are on file with the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach Mausoleum, Inc. After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No disinterment shall be allowed except by the consent of the Board of Governors following written request by the owner or owners of the crypt/niche and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. 17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's exclusive sales agent, and shall be installed by the City of Boynton Beach. 18. Potted plants or arUfjcio/ flowers aro not permitted on the Mausoleum comp/œc at any timo. Fresh flO'.vers are permitted to remain for a period of thr.oo (3) days. One bouquot per crypt/niche will be allowod. Vasos aro a·.'oi/ab/o at the Mausoleum Offico. Flowern must bo in a containor that has a solid base so that it ':/iII easily stand erect. This item must be tastefully placed at cryptkJiche sites. Employees ·...·iII, for maintenanco purposes, move and replace those items 'J¡,'ith caro, but the city does not accept responsibility for replacing brokon items unless thoro is a clear negligence on the part of tho City omployees. 2 (NOTE: City employees may remove any item plaGeEl on a cryptlniGhe site that beGomes untidy or uAsightly to the appeaFaAGe of the Mausoleum.) "18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." 19. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership. 21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit. 22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. 23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altering the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton Beach and Boynton Beach Mausoleum, Inc. 3 24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser. Revised 6/29/2004 12:12:32 PM Resolutions No. S:\CC\WP\CEMETERy\CEMETERY RUlES\RUlES2004 - Revised 7-20-ü4.doc 4 VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FOklYI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl!. Dates in to City Clerk's Office Meetinl!. 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 April 5, 2004 (Noon) o June 15,2004 May 31, 2004 (Noon) n a ("')--f o May 4,2004 o July 6, 2004 ,¡;:- =ï-< April 19, 2004 (Noon) June 14,2004 (Noon) '- c: -<0 o May 18,2004 [g July 20, 2004 r- D" May 3, 2004 (Noon) July 5, 2004 (Noon) I 'co mO en /)-< Ã__ :Þa . ""'- en --i 0 Administrative 0 Legal :x: 0° - -r¡Z - NATURE OF 0 Announcement 0 New Business .. -r¡CX) - -r>'1 AGENDA ITEM 0 City Manager's Report 0 Presentation - ~J> ("') [g Consent Agenda 0 Public Hearing ::r 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Approve resolution supporting Amendment #1 and Amendment #2 to the Inter-local Gas Tax allocation agreement with Palm Beach County. EXPLANATION: For the past two years, the Palm Beach County League of Cities has been negotiating changes to the inter-local agreement between its member cities and Palm Beach County that provides for the distribution formula of gas tax. There are two agreements, each of which address the two distinct legislated gasoline taxes on users. Each tax was created independently of the other and the formula for each tax is somewhat different. The distribution formula of the taxes is extremely complex and is not a subject of this Amendment. Rather, this Amendment is prepared to address concerns raised about the distribution of gas taxes in the event that new cities are incorporated. Taxes allocated to the new cities will be taken ITom both the City and County shares of the current allocation. Boynton Beach staff sits on the League Transportation Committee and was intimately involved in this initiative. In staff's opinion, the Amendment addresses concerns about incorporation of new cities and should be approved. PROGRAM IMP ACT: No current impact. FISCAL IMPACT: Potential for minor reduction in gas tax allocated to the City of Boynton Beach in the future if new cites are incorporated. ALA TERNATIVES: None -Æ . D ~~re ~artme~ S;goaMe Engineering and Public Works Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I' 1 2 RESOLUTION NO. R 04 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING EXECUTION OF 7 THE FIRST AMENDMENT AND SECOND 8 AMENDMENT TO THE GAS TAX INTERLOCAL 9 AGREEMENT BETWEEN THE CITY OF BOYNTON 10 BEACH AND PALM BEACH COUNTY, FLORIDA, 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 \VHEREAS, the City of Boynton Beach and Palm Beach County previously 14 ntered into an Interlocal Gas Tax Agreement, dated April 18, 1995; and 15 WHEREAS, Palm Beach County League of Cities has negotiated changes to the 16 terlocal Agreement between its member cities and Palm Beach County which provides 17 or the distribution formula of gas tax; and 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and 21 corporated herein by this reference. 22 Section 2. The City Manager is hereby authorized to execute the First 23 endment and Second Amendment to the Interlocal Agreement between the City of 24 oynton Beach and Palm Beach County, which Amendments are attached hereto and 25 26 Section 3. That this Resolution shall become effective immediately upon 27 assage. 28 29 ICAIRESOlAgreementsllnter1ocals\Ameodments 1&2 Gas Tax IntertocaJ Agreemenl.doc 1 PASSED AND ADOPTED this _ day of July, 2004. 2 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 TTEST: 21 22 23 ity Clerk 24 25 Corporate Seal) 26 27 28 29 :\CAIRESOlAgreementsllnterlocals\Amendments 1&2 Gas Tax Inter10cal Agreement.doc AMENDMENT #1 TOINTERLOCALAGREEMENT TillS AMENDMENT #1 to the Interlocal Agreement dated May, 1995, by and between Palm Beach, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and , a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY", is made and entered into this day of ,2004 ("Amendment #1"). WITNESSETH: WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes a one (1), two (2), three (3), four (4), five (5), and/or six (6) cent local option gas tax ("the Tax") to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, the COUNTY and various MUNICIP AUTIES entered into an Interlocal Agreement in May, 1995, ("Interlocal Agreement") to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the COUNTY; and WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm Beach County positively impacted, although in a minute way, the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the COUNTY and the MUNICIP AUTY wish to amend the Interlocal Agreement to provide for an equitable sharing of the impact of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County; and WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League - 1 - Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #1 which are set forth herein; and WHEREAS, this Amendment #1 wiJ] allow for more predictable financial planning for these proceeds by the MUNICIPALITY and the COUNTY; and WHEREAS, the Florida Legislature, under advisement from the Palm Beach County Legislative Delegation, is the governmental entity which lawfully creates new municipalities and under one method is similarly involved in dissolving a municipal corporation; and WHEREAS, the COUNTY and the MUNICIPAliTY, in conjunction with the Palm Beach County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #1 and appropriately incorporate its provisions in any related future legislation. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of the Interlocal Agreement as follows: Section 1: Section 3. of the Interlocal Agreement shall be amended by the addition of new subsections "C" "D" and "E" which shall hereafter read as follows: 3A. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 3B. (This subsection shall remain in fun force and effect as set forth in the Interlocal Agreement) 3C. In the event a new municipality is incorporated in Palm Beach County, its share of the six (6) cent gas tax shall be provided from the shares formerly allocated to the county and the collective municipalities as set forth below. 1. In the first full fiscal year following incorporation, the new municipality wiJ] receive a sum based solely on its population as opposed to - 2- the usual distribution formula of lane miles and population as set forth in Section 4. of the Interlocal Agreement. Said sum shall be determined by multiplying the population of the new municipality times the municipal per capita distribution amount from the most recently available fiscal year and shall be funded from the county's and collective municipalities' shares in accordance with the same percentages due to the county and the collective municipalities as set forth in Section 3A above or any amendment thereto (i.e. currently sixty-six and two thirds percent (662/3%) from the county's share and thirty-three and one third percent (331/3%) from the collective municipalities' share~ see Attachment 1 attached hereto which shows an example of the calculations for a hypothetical new municipality with a population of 40,000). a. The combined county and collective municipalities' contributions shall equal one hundred percent (100%) of the new municipality's share. b. Section 4 below shall continue to apply as the distribution formula for the remaining municipalities after their contribution to the new municipality's amount as set forth in Section 3CI above. 2. In the subsequent fiscal years after the first full fiscal year following incorporation of the new municipality: a. The percentage allocated to the county as set forth in Section 3A above or any current amendment thereto, shall be amended by reducing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 3CI, above. b. Likewise, the percentage allocated to the collective municipalities, including the new municipality, as set forth in Section 3A above or any current amendment thereto, shall be amended by increasing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 3CI above. - 3 - ~_...- . ,'-~----"~~'-, ---- c. Section 4 below shall apply to the new municipality in all annual distributions in the years after the first full fiscal year following incorporation of the new municipality. 3D. In the event an existing municipality in Palm Beach County is dissolved, the former municipality's share of the six (6) cent gas tax shall be distributed to the county and to the remaining collective municipalities by applying in reverse the process set forth in Section 3C, above. 3E. In the event of proposed legislation which would either create or dissolve a municipality in Palm Beach County, the county and the subject municipality agree that the Palm Beach County Legislative Delegation and the Florida Legislature (and Governor, if deemed necessary) be made aware of this Amendment #1 and appropriately incorporate its provisions into such proposed legislation. The subject municipality may accomplish this by supporting the Palm Beach County League of Cities, Inc., as the organization that is in place to convey municipal consensus on legislative matters. Section 2: This Amendment #1 shall be attached to the Interlocal Agreement and shall become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full force and effect as set forth in that Agreement and there shall be no changes to that Agreement with the exception of those items specifically set forth in this Amendment #1. Section 3: This Amendment #1 to the Interlocal Agreement shall take effect only upon execution both by the COUNTY and those municipalities representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this Amendment #1 or in the event that those municipalities representing a majority of the population of the incorporated areas of the COUNTY fail to execute this Amendment #1, then this Amendment #1 shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. -4- IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATIEST: (NAME OF MUNICIPALITY) By: By: Municipal Clerk Mayor (SEAL) ATIEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COMMISSIONERS By: By: County Clerk Chair (SEAL) - 5 - AMENDMENT #2 TOINTERLOCAL AGREEMENT THIS AMENDMENT #2 to the Interlocal Agreement dated August, 1993 and amended in May, 1995, by and between Palm Beach, a political subdivision ofthe State of Florida, hereinafter referred to as the "COUNTY" and , a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY", is made and entered into this day of , 2004 ("Amendment #2"). WITNESSETH: WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes a one (1), two (2), three (3), four (4), and/or five (5) cent local option gas tax ("the Tax") to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal Agreement in August of 1993 which was amended by the parties in May, 1995, ("Interlocal Agreement") to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the COUNTY; and WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm Beach County positively impacted, although in a minute way, the existing eligible municipalities, with no impact on the COUNTY, in terms of this distribution formula; and WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal Agreement to provide for an equitable sharing of the impact of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County; and WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League - 1 - Inc.), have met and negotiated mutually acceptable tenus and conditions for this Amendment #2 which are set forth herein; and WHEREAS, this Amendment #2 will allow for more predictable financial planning for these proceeds by the MUNICIPALITY and the COUNTY; and WHEREAS, the Florida Legislature, under advisement from the Palm Beach County Legislative Delegation, is the governmental entity which lawfully creates new municipalities and under one method is similarly involved in dissolving a municipal corporation; and WHEREAS, the COUNTY and the MUNICIP AUTY, in conjunction with the Palm Beach County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #2 and appropriately incorporate its provisions in any related future legislation. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of the Interlocal Agreement as follows: Section 1: Section 2. of the Interlocal Agreement shall be amended by the addition of new subsections "C" "D" and "E" which shall hereafter read as follows: 2A. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 2B. (This subsection shall remain in full force and effect as set forth in the Interlocal Agreement) 2C. In the event a new municipality is incorporated in Palm Beach County, its share of the tax collected pursuant to the ordinance referenced in the Agreement shall be provided from the shares formerly allocated to the county and the coIlective municipalities as set forth below. 1. In the first full fiscal year following incorporation, the new - 2 - ______ _n_ __~_._,ú_,__-'----~~~__~< municipality will receive a sum based solely on its population as opposed to the usual distribution formula of lane miles and population as set forth in Section 3. of the InterIocal Agreement. Said sum shall be determined by multiplying the population of the new municipality times the municipal per capita distribution amount from the most recently available fiscal year and shall be funded from the county's and collective municipalities' shares in accordance with the same percentages due to the county and the collective municipalities as set forth in Section 2A above or any amendment thereto (i.e. currently seventy-nine percent (79%) from the county's share and twenty-one percent (21 %) from the collective municipalities' share; see Attachment I attached hereto which shows an example of the calculations for a hypothetical new municipality with a population of 40,000). a. The combined county and collective municipalities' contributions shall equal one hundred percent (100%) of the new municipality's share. b. Section 3. below shall continue to apply as the distribution fonnula for the remaining municipalities after their contribution to the new municipality's amount as set forth in Section 2CI above. 2. In the subsequent fiscal years after the first full fiscal year following incorporation of the new municipality: a. The percentage allocated to the county as set forth in Section 2A above or any current amendment thereto, shall be amended by reducing it in an amount that reflects the county's contribution to the new municipality's amount as set forth in Section 2CI, above. b. Likewise, the percentage allocated to the collective municipalities, including the new municipality, as set forth in Section 2A above or any current amendment thereto, shall be amended by increasing it in an amount that reflects the county's contribution to the new municipality's - 3 - amount as set forth in Section 2CI above. c. Section 3. below shall apply to the new municipality in all annual distributions in the years after the first full fiscal year following incorporation of the new municipality. 2D. In the event an existing municipality in Palm Beach County is dissolved, the former municipality's share of the gas tax shall be distributed to the county and to the remaining collective municipalities by applying in reverse the process set forth in Section 2C, above. 2E. In the event of proposed legislation which would either create or dissolve a municipality in Palm Beach County, the county and the subject municipality agree that the Palm Beach County Legislative Delegation and the Florida Legislature (and Governor, if deemed necessary) be made aware of this Amendment #2 and appropriately incorporate its provisions into such proposed legislation. The subject municipality may accomplish this by supporting the Palm Beach County League of Cities, Inc., as the organization that is in place to convey municipal consensus on legislative matters. Section 2: This Amendment #2 shall be attached to the Interlocal Agreement and shall become a part thereof. AIl other Sections of the current Interlocal Agreement shall remain in fuIl force and effect as set forth in that Agreement and there shall be no changes to that Agreement with the exception of those items specifically set forth in this Amendment #2. Section 3: This Amendment #2 to the Interlocal Agreement shall take effect only upon execution both by the COUNTY and those municipalities representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this Amendment #2 or in the event that those municipalities representing a majority of the population of the incorporated areas of the COUNTY fail to execute this Amendment #2, then this Amendment #2 shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set - 4 - ---<'~-~---""""""",,"-~~"',~""""-""".~-----"""'",,"-~"_.~ forth above. ATIEST: (NAME OF MUNICIPALITY) By: By: Municipal Clerk Mayor (SEAL) ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COMMISSIONERS By: By: County Clerk Chair (SEAL) - 5 - v ~ I~J I]': © ¡2 ] \\] ~ © lA~ Palm Beach County C ~L o~ 2004 ,,2--'ð /Oy LEAGUE of CITIES, Inc. PUBLIC WORKS DEPT, j...9p \.. . PiC;; ~,~ ()yo p~~ ~fX" ~ ~ ~v,~+" Memo \Lß To: All Palm Beach County Municipalities to/fJ-;t'l f' rY~ From: Jamie Titcomb, Executive Director Date: June 25, 2004 Re: Proposed Amendments to the Gas Tax InterIocal Agreements Enclosed are copies of proposed Amendments 1 and 2 to the Gas Tax Interlocal Agreements, as drafted by the League and county attorneys and staff. These amendments to the interlocal agreements set forth the formula for an equitable distribution of gas tax revenues among the County and all Palm Beach County municipalities in the event of an incorporation of a new municipality or the dissolution of an existing municipality. We urge you to add this item to your next available agenda for adoption. If you have any questions, please contact our office at 355-4484. (Attachments) Tel. (561) 355-4484· Fax (561) 355-6545 jtitcomb@co.palm-beach.fl.us . www.1eagueofcities.org Mail: P.O.Box 1989, Governmental Center, West Palm Beach, Florida 33402 Office: 301 North Olive Avenue, Suite 1002.17, West Palm Beach, Florida 33401 _"~'_'~~"__'_=_"_' '._~~"''^''_,'~, ~,. ~_~__,",'~_'_<__^~O. _ VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLVI 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 D April 6, 2004 March 15,2004 (Noon.) D June I, 2004 May 17,2004 (Noon) D April 20, 2004 April 5, 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 [g July 20, 2004 ('") May 3, 2004 (Noon) July 5,2004 (Noon) 0 (J- - _-1 ~ -r< -<0 -- {"")"T¡ ~- D Administrative 0 Legal N ~T} aJ ~ :,':]0 NATURE OF 0 Announcement 0 New Business :.::c--< .........".. <:) .- AGENDA ITEM D City Manager's Report 0 Presentation ~ to -1 ;::)!2 [g Consent Agenda D Public Hearing ~ '1- -r¡ QJ .::- Õ,..., 0 Code compliance/Legal Settlements 0 Unfmished Business (,.1'1 ïT1P ("') :r RECOMMENDATION: Motion to approve and authorize the execution of a Resolution declaring the public necessity of acquiring four (4) parcels of property for the purpose of building a new community center that will replace Wilson Center, refurbishing Wilson Pool and improvements the adjacent park. EXPLANATION: This project is a focal point of the Heart of Boynton Plan, and is a matter of great importance and concern to City residents. Acquisition of the parcels will allow for the implementation of a development plan that will benefit the community and provide much needed improvements to the existing recreation and park facilities. The May 2004 appraisal figures for these parcels are as follows: 206 NW 13th Avenue (vacant residential land) $12,000 -lots 503 and 504 204 NW 13th Avenue (vacant residential land) $12,000 -lots 506 and507 216 NW 13th Avenue (single family residence) $85,000 -lots 499 and 500 1401 NW 1 st Street (single family residence) $79,200 -lots 5]9 and 520 1407 NW 1st Street (single family residence) $50,000 -lots 519 and 520 PROGRAM IMP ACT: These parcels are essential for the completion of this project. FISCAL IMP ACT: Funds for this task are available in account #302-4113-580-61-01. ALTERNATIVES: Abandon or redesign ~ CIty Manager s' Ignature RECREATION & PARKS Chy Attorney ~~Hwnan Re,o","" Department Name S:\BULLETlNJ'ORMS\AGENDA ITEM REQUEST FORM.DOC 1 I i 2 RESOLUTION NO. 04- I I I I 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 DECLARING THE PUBLIC NECESSITY OF ACQUIRING FOUR 5 (4) PARCELS OF PROPERTY FOR THE PURPOSE OF BUILDING 6 A NEW RECREATION CENTER, REFURBISHING THE POOL 7 AND IMPROVING THE WILSON CENTER PARK AREAS 8 PURSUANT TO THE HEART OF BOYNTON PLAN PHASE III, AS 9 AMENDED, WITHIN THE CITY OF BOYNTON BEACH, 10 FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 11 AN EFFECTIVE DATE. 12 13 WHEREAS, the acquisition of property to build a new recreation center, refurbish 14 he pool and improve the Wilson Center Park Area pursuant to the Heart of Boynton Plan 15 hase ill, as amended, is a matter of great importance and concern to the residents of the 16 ity of Boynton Beach; and 17 WHEREAS, the parcels of land designated as Parcels 1, 2, 3, and 4 as more 18 articularly described in Exhibits "A", "B", "C", and "D", attached hereto, is required to 19 tter accomplish the public purpose described above and further the general health, safety, 20 nd welfare to the citizens of the City of Boynton Beach, Florida; and 21 WHEREAS, the area designated as Parcels 1, 2, 3, and 4 have heretofore been 22 ocated and surveyed and the property is needed for the acquisition of property to build a 23 ew recreation center, refurbish the pool and improve the Wilson Center Park Area 24 ursuant to the Heart of Boynton Plan Phase ill, as amended; and 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 F THE CITY OF BOYNTON BEACH, FLORIDA THAT: 1 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - Wilson Center. doc --~-~--~-_.~~,~-,---~ __....____n ,_~. -"---=,,,,,",-,,---~~- -~---.---~._,~._-,"-~. --- .',--~. 1 2 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 3 onfinned as being true and correct and are hereby incorporated herein. An exhibits 4 ttached hereto are hereby incorporated herein. 5 SECTION 2. It is necessary, serves a municipal and public purpose, and is 6 n the best interest of the City of Boynton Beach to acquire property to build a new 7 ecreation center, refurbish the pool and improve the Wilson Center Park Area pursuant to 8 he Heart of Boynton Plan Phase III, as amended. 9 SECTION 3. That the property described in Exhibits "A", "B", "C", and 10 'D" attached hereto as Parcel Numbers 1, 2, 3, and 4 be and the same is hereby ratified, 11 onfinned and found to be necessary for acquiring property to build a new recreation center, 12 efurbish the pool and improve the Wilson Center Park Area pursuant to the Heart of 13 oynton Plan Phase III, as amended. 14 e City of Boynton Beach shall acquire fee simple title to said property by gift, purchase, 15 r eminent domain as described in Chapter 166, Florid~ St~tJ]te~ and Chapters 73 and 74, 16 . That acquisition of said parcel for this project is necessary and serves a 17 ublic purpose. 18 SECTION 4. The City Attorney shall first attempt to acquire the property 19 hrough negotiations at a price agreeable to both the seners, if found and determined, and 20 he City of Boynton Beach; however, if such negotiations fail within a reasonable time from 21 2 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - Wilson Center. doc 1 he enactment of this Resolution, the City Attorney or the City Attorney's designee is 2 uthorized and directed to institute a lawsuit in the name of the City of Boynton Beach, 3 orida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose 4 f acquiring the parcd described in Exhibits "A", "B", "C", "D" and "E" attached hereto 5 nd is further authorized and directed to do an things necessary to prosecute such lawsuit to 6 inaJ judgment. In pursuit of such authorization and in direction, the City Attorney or his 7 ssistant or designee, is specificany authorized to sign and file a DecIaration of Taking so 8 hat the City may avaiJ itself of the provisions of Chapters 73 and 74, Florida Statutes, and 9 he City Attorney or his assistant is further authorized to accomplish the acquisition of said 10 arcels by settlement and compromise in those instances where same can be effected in 11 ccordance with the terms, conditions, and limitations established from time to time by the 12 oynton Beach City Commission. 13 SECTION 5. An resolutions or parts of resolutions in conflict herewith are 14 ereby repeaJed to the extent of such conflict. 15 SECTION 6. If any cIause, section, other part, or application of this 16 esolution is held by any court of competent jurisdiction to be unconstitutionaJ or invaJid, 17 n part or application, it shall not affect the validity of the remaining portions or applications 18 f this Resolution. 19 SECTION 7. This Resolution shaJl become effective immediately upon its 20 assage and adoption. 21 3 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - Wilson Center. doc -"-"-~~.. . < '. _~__"_~,__,,,,~__=__,_._'''_.....O.'~___''~ . __~>",---,,-".~._~ o~ ,_ 1 PASSED AND ADOPTED this _ day of July, 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 TrEST: 19 20 21 ity Clerk 22 23 24 25 26 27 4 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - Wilson Center. doc 1 2 3 EXHIBIT "A" 4 5 ts 506 and 507, CHERRY HillS SUBDMSION, according to the Plat thereof recorded 6 n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida 7 8 5 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - wilson Center.doc -'~~--""""~'~'-~~'--'--" --. ~-- ,--.- .---- 1 EXHIBIT "B" 2 3 ts 503 and 504, CHERRY HlllS SUBDMSION, according to the Plat thereof recorded 4 n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida 5 6 6 E/bb:MP :\CA\RESO\Real Estate\necessity reso - wilson Center.doc · . , 1 EXIDBIT "C" 2 I 3 4 ts 519 and 520, CHERRY HILLS SUBDIVISION, according to the Plat thereof recorded 5 n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida 6 7 7 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - Wilson Center. doc .~ ~,_ ,.-r 1-'.40 -""--....-..,'- . <~.".~....~~,~~._.......______~....o__"'........--.......-...-____......,~ '. _'_~--'..,-.~,_.--<'. -,<,¿~.,-~,~,~.<......_.~-,~, 1 EXHIBIT "D" 2 3 ts 499 and 500, CHERRY HIlLS SUBDMSION, according to the Plat thereof recorded 4 n Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida 5 8 LE/bb:MP :\CA\RESO\Real Estate\necessity reso - wilson Center.doc VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meetin2 Dates in to City Clerk's Office Meetin2 Dates 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 April 5, 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) 12] July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report D Presentation 12] Consent Agenda D Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDATION: Approval to ratify, by Resolution, a Deed Conservation Easement from the South Florida Water Management District (SFWMD) for the City's INCA Project (formerly known as NE 7th Avenue and 10th Avenue Water Main Replacement and Stormwater Management). EXPLANATION: A conservation easement under the regulatory jurisdiction of the SFWMD, Special Condition No. 29 of the SFWMD Permit (No. 50-06359-P, issued March 15, 2004) is required due to the infrastructure construction and the related environmental impacts associated with the INCA project. The ratification of the Deed of Conservation Easement is required from the SFWMD prior to the start of any construction. Additionaßy, significant portions of this project fall under the jurisdiction of the US Army Corps of Engineers (USACOE). In the USACOE Permit (No. 200208871 (NW-SLN, NW-7, issued June 8, 2004), condition number seven (7) reinforces and requires the City to execute the Conservation Easement with the SFWMD. Currently, the Utilities Department is scheduled to bid the INCA project in September 2004 and anticipate beginning constroction during the first quarter of 2005. PROGRAM IMPACT: In this Conservation Easement, the City agrees to preserve, enhance, restore and/or mitigate wetland and/or uplands under the SFWMD jurisdiction. The perpetual conservation easement is issued in favor of the SFWMD upon the property which shall ron with the land and be binding on the City and shall remain in force and effect forever. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not applicable. ALTERNATIVES: If tbe Deed of Conservation Easement is not ratified the City will be in violation of tbe SFWMD permit Special Condition No. 29 and tbe USACOE permit Condition No.7. Tbe purpose of the INCA project is to improve tbe quality of life in tbis community and prevent furtber nuisance flooding and tbe drainage of untreated stormwater into the Intracoastal Waterway. -fA«< ~ 07/;~¿o1- ia~ em io M. Gomez I City Manager's Signature Interim Utilities Director Utilities Department Department Name City Attorney I Finance I Human Resources NOTE: All backup material supplied by City Attorney's Office cc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager 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, CONVEYING A DEED OF CONSERVATION 5 EASEI\ŒNT FROM THE CITY OF BOYNTON BEACH TO 6 THE SOUTH FLORIDA WATER MANAGEMENT 7 DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City of Boynton Beach is the owner of certain lands situated in Palm 10 each County, Florida and desires to construct NE 7th Street Stonnwater Improvements at a 11 ite in Palm Beach County, which is subject to the regulatory authority of the City; and 12 WHEREAS, the purpose of this Easement is to retain land or water areas in their 13 atural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain 14 uch areas as suitable habitat for fish, plants or wildlife; and 15 WHEREAS, the City Commission upon recommendation of staff, deems it 16 ppropriate to convey a Deed of Conservation Easement to the South Florida Water 17 anagement District. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. That each Whereas clause is true and correct. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 ereby convey a Deed of Conservation Easement to the South Florida Water Management 23 24 Section 2. That this Deed of Conservation Easement will be recorded in the 25 blic Records of Palm Beach County, Florida. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 :\CA\RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc 1 PASSED AND ADOPTED this _ day of July, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commi ssi oner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 22 23 ity Clerk 24 I 25 Corporate Seal) 26 27 28 29 30 31 :\CA \RESO\Agreements\Utilities\Deed of Conservation Easement -BB to SFWMD.doc H' ... -'_..-_. ~-~--",..,........~........~-,.........._.~---....-.~~. DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this 29th day of October, 2003, by City of Boynton Beach, Florida, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33425 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantorshall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project) NE 7th Street Stormwater Improvements ("Project") at a site in Palm Beach County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve, enhance, restore 9.ndlor mitigate wetlands and/or uplands under the Districfs jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2000), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. Standard form - July, 2001 10f5 N:\6276\b67"l84 Deed.doc The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads,signs, bmboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; Standard form - July. 2001 20f5 N:\6276\bs77S4 Deecldoc .. -_.~ .-.-.'. -,_.--~-----""...,.,- ~___'=--~""Ã~_"_~' g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the non prevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance 'on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Standard form - July, 200 1 30f5 N:\6276\bs7784 Deed.doc 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in County . TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all -encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, has hereunto set its authorized hand this day of ,200_. ¡ Signed, sealed and delivered , in our presence as witnesses: A Florida corporation By: Print Name: Print Name: Title: Print Name: Standard form - July, 2001 40f5 N:\6276\bs7784 Deed.doc ~.-,~---,-~....,' .,,~.~.-,~,....,< ....,~---" -,._',,~ ,~"-"~.._-..;,,..,...~. STATE OF FLORIDA ) ss: COUNTY OF On this day of , 200_ before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) , of (corporation) , a Florida corporation, and acknowledged that.he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA This document will be Print Name: . executed by the City upon the acquisition of all My Commission Expires: parcels identified for conservation areas. South Florida Water Management District Legal Form Approved Date: July, 2001 Standard form - July, 2001 5 of 5 N:\6276\œ7784 Deed.doc CONSERVATION EASEMENT CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA EGAL DESCRIPTION: ONSERVA TION AREA 1 HAT PORTION OF THE 66.00 FOOT RIGHT OF WAY FOR NORTHEAST 10TH A VENUE FORMERLY KNOWN AS ICHIGAN A VENUE AS SHOWN ON THE PLAT OF LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE LAT THEREOF AS RECORDED IN PLAT BOOK 11 PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LORIDA, BOUNDED AS FOLLOWS; N THE NORTH BY THE SOUTH LINE OF LOT 2, BLOCK 6; ON THE EAST BY THE WEST LINE OF THE INTRACOASTAL WA TERWA Y (FORMERLY FLORIDA COAST LINE WA TERWA Y AS SHOWN ON SAID PLAT LAKE DDITION TO BOYNTON, FLORIDA); ON THE SOUTH BY THE NORTH LINE OF LOT 1, BLOCK 7; ON THE WEST B HE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1, BLOCK 7. - OT 2, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ONSERVATION AREA 3 OTS 1,2,3,4,5,6, AND 7, BLOCK 1, BOYNTON PLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LAT BOOK 11 AT PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. OGETHER WITH A STRIP OF LAND 7.5 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON TH OUTH BY THE NORTH LINE OF SAID LOTS 1, 3, 4, 5, 6, AND 7, BLOCK 1; ON THE EAST BY THE NORTHERL ENSION OF THE EAST LINE OF SAID LOT 1, BLOCK 1; ON THE WEST BY THE NORTHERLY EXTENSION 0 HE WEST LINE OF SAID LOT 7, BLOCK 1; AND ON THE NORTH BY THE SOUTH LINE OF LOT 2, AND THE STERL Y EXTENSION THEREOF, BLOCK 5 LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLA HEREOF AS RECORDED IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LORIDA . ONSERVATION AREA 4 OT 3, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LAT BOOK 11, AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. OGETHER WITH A STRIP OF LAND 6.3 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON TH ORTH BY THE SOUTH LINE OF SAID LOT 3, BLOCK 5; ON THE EAST BY THE WEST LINE OF LOT 2, BLOCK 5; ON E WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 3, BLOCK 5; AND ON THE SOU BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 2, BLOCK 5. AID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. FILE NO. 03-15308.001-SS1 HeIler- Weaver and Sheremeta, Inc. 310 Southeast First Street. Suite Four Engineers ... Surveyors ... Planners Delray Beach, Florida 33483 (561) 243-8700 (561) 243-8777 Fax ~~~-_.~,~~ .--~-. "'~-~,",,"""""'q--=-~-"'- "',~,.,,-,~~-~~ -'-'~' '", CONSERVATION EASEMENT CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ELLER-WEAVER AND SHEREMETA, INC. LORIDA STATE LB. NO. 3449 DATED: NOVEMBER 4, 2003 - 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY eTHIS IS NO SURVEY"). ) NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA LICENSE URVEYOR AND MAPPER. ) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SIGNING SURVEYOR. HEET 2 OF 5 SHEETS FILE NO. 03-15308.OO1-S2 ~IIer- Weaver and Sheremeta, Inc. 310 Southeast First Street. Suite Four Engineers '" Surveyors ... Planners Delray Beach. Florida 33483 (561) 243-8700 (561)243-8777 Fax SKETCH TO ACCOMPANY LEGAL DESCRIPTION (N] A PORTION OF LAKE ADDITION TO BOYNTON FLORIDA (PLAT BOOK 11, PAGE 71) :õ BOYNTON BEACH .0 PALM BEACH COUNTY, FLORIDA - w .¿ Q en -----;----, r---------t--------------------------¡ ¡ I I I ¡ I , I , I I I I - ¡ LOT1 I I ~ I ~ Bt'OCK (;;-\) ,) ¡ J ~ U '.II I I ! ~ - -¡ I 'LOT 1 : I -<>: "" "", , " I 3: w w ~ I I ~ ~ ~, , I I BlOCK (6 ') ¡ _ I_m ~ ~¡, I \ j ; I ~ -~. ~¡- ---," If¡ r-- -l---- -----..----..-..-..----..-------..----..-..-¡ § o i:5= I I I ea:::: !£ po Ii! ;A ¡ I ---0- I --t i 50' BUILDINj LINE I t- s~ SO-I l T2 I C\ I ... - ) ¡ PER PUT lIDIJ( 11, PAGE 71 - ~ -1< ......<' 0 >- c~ IOT2 ! \ = 5~ 5~: ëÈ % 0 - - : _ I- ~ CQ I 1 \ 0---1,! ~ tt: _ IX _ e:¡' I = I C;;; ..... I ¡ I 0 _1~__~ r- ~ ¡' ~ ~ , L___[;~~~~_~~!l____________________________l ; I ~ :':j:::;' SOUTH LH: or LOT 2 228.&. - \ m] .J . I eíw .&. -r1------ ~ I ¡::- t:: 2i ~ \lEST UNE uJ 'I z ~ AREA = 15300 THE INTRACOASTAl VATrR\IAY - = - SQUARE ÆET <rm£RlY FUIRIJIA ~ ,:0.:,. æ COAST !.DE VATERVAY> '-J- :~~:~1ŸE.~---r--¡g ---------------------- -1_ ______~ & BlOCK G) I ! I 240± NORTH LItE: lOT 1 __ . I I \ I __, r-----[-----------------------------------------------________ \ J. ri lOT 1 r.- 66' I BLOCK ( 7 ) ¡ 15' JIU1l..DING Ut£ æ..... .... _ ~ , I' : PER PlAT BOOC 11, PAGE 71 .......... z,...: I I lOT" , ~ :;..... i ,--t .: I 50' BUIlDINj UHE ~: ~~ : , I 1 ¡ PER PlAT ][[]I( 11, PAŒ 71 d- a -t I J.-..----.-__-_.I_.._..-..-.-----..-.--..-..--.-..-..-..-..----..-..-..-.'- iia ;::!~ I I I I -~~-~i3.).------"1 I I lAIŒADDmON ~ ~:: : I : TO BOYNTON FLORIDA f5 ~ I I I PlAT BOOK 11 J PAGE i1 0.. 0:; us 0- SHEET 3 (f 5 StEETS HWS FiE NO.· 1)3.153œ.OO1.ss3 M 310 SL 1st S1reet, s.lte j D~lro.y Beo.ch, FlorlOO 33483 Heller - Weaver and Sheremeta ine (561) 243-B700 - Phone ,. (561) 243-sm - fax Engineers ... Surveyors ... Planners . ~.' ......~-"_.....-... ~~~>""__~,.,...w..__.,?'_._._~~ .. .'~. ~. .'. ,.,-,>-~",,,->-"--'-"'---' . . . SKETCH TO ACCOMPANY LEGAL DESCRIPTION IN] A PORTION OF LAKE ADDITION TO BOYNTON FLORIDA (PLAT BOOK 11, PAGE 71) _ & BOYNTON PLACE :5 (PLAT BOOK 11, PAGE 40) ~ BOYNTON BEACH PALM BEACH COUNTY, FLORIDA ~ ----------------------------------T---4 ; L. ~ ~ 'I ______,_____ 5U N:.~~~~SAS_~~___J____, \ ! I J J ~ I : { JAREA4 I ( -[---------------------------1 : \ - L., I ,LOT 4 15' BUIlDJt«i LINE : I ¡ I BLOCK(5 ) ---1---------- _ PER PlAT BID< 11, PAGE 71: : ---! I ~ - ~ __ .---30' 33' I LAKE ADDITION ~: ~..... ; : ~ I I : ~\:J ¢ I I I TO BOYNTON FLORIDA ~ ~~ ~ LOT 1 w: ¡ I ~ ' I ß PLAT BOOK 11, PAGE 71 ~ ~ ~~ ~ 125' 5~: 1-- 66' I It-- - I ~ò~ ~ ~~"" I t-- ~M ~ M MO- ~ Sf- ~ I cc:C """I- I- -",C , - I I ---.. I %0 C = 3~ I 1 I ---' I~...J....J b ... L :z: I ~~ ~ LOT 3..... SQUAREfEEl' ~~ ¡ I I t-- ,~~ ~ IÆA = 7<Ø VEST ut£ LOT 2 LOT 2 LJ I 'I ð 'I ~~ ä SQUARE FEET [5' EASOIENT PER PI. 11 PG. 71 1 J. ' I <....) §~ ~ ~ \. SWTH UN( LOT 2 BlOCK 5: ~,(\ I i ~ ______1-__ ~ __ ~.3' __ __ ___ ______ 12~~________-!-~~__ I -:- I ""-J 1 Cl , U- -375'?:j , ~ 'T-&r---:--5ür¡;~ jf~~:r -[--- ---IF--~~.-\ i; ! u.J 10 \ ....., (") !4c:1U, ~~ I = I UJ I:i b ' ..... s...J~, tGTH LD£ LOT 1 BlOCK 1 ~ 16 l- I...J : ....J I 9 x~ I CD I en ~ I ~ ~ ~w WI;:=- : L1.J ....J ....J I ....J ¡¡t6' ~ I en u.J ~ BLOCK(1) ~ 'I ~ ~~ 'I LOT 1 æ ~ 1 (I') IX !!E IX t3~ N I. , ~ BOYNTON PlACF ~ :~ ~ ~~: ~ I ~ ' PlAT BOOK 11,PAáË40 Ig ¡:~ r-----iAREA3 r------- ~ II L , 0 1 , .. , I ! , 'AREA = 51600 SQUARE FEET ~ I 1 · I' ad 66' .. I I , LOT 2 .... I I LOT 5 , LOT 4 I LOT 3 I . ! , æ ' æ: : 125' J! i 37~ ---- I : ~ NE. 7TH AVE. (FLORIDA AVE.) I I -------------------------------~--------------------------------_, I SHEET 4 Œ 5 SHEETS HWS FI.E NO. - 03-153œ.OO1-SS4 M 31DSE. 1sISIIoI,&iI84 DeIray Beach, FbiIa 33483 Heller - Weaver and Sheremeta ine (561)2m700-Ame ,. (561) 243-3777 - Fax Engineers ... Surveyors ... Planners SKETCH TO ACCOMPANY LEGAL DESCRIPTION WI A PORTION OF LAKE ADDITION TO BOYNTON FLORIDA (PLAT BOOK 11, PAGE 71) å & BOYNTON PLACE ~ (PLAT BOOK 11, PAGE 40) "- BOYNTON BEACH .. PALM BEACH COUNTY, FLORIDA g If) i ¡ l i : : BLOCK(5 ) : I I lAKE ADDITIO{ I : : TO BOYNTON FLORIDA : I flAT BOOK 11, PAGE 71 I 1 I I I i i : i _2--__________~___________~______~1___ :z: ---------" 0 I ~rJ:1 --- ,--------- -~I'-- fWe<\J:- + fØ n--- ~ I ~9 I'-- -t-~ 7$ -£)1 ~ 1 [OJ "'ou 1 ~ 1 ~!£ b i5...Jg: §I- I .....- -' ~.... ~ I -' I-- -' ....0 ::z ~t;; æ >-~ æ: c> !f~...J ëi~ : j <....:> I- x: :I: ....-, x ~~ ~ Eä I BLOCK( 1 ), 0::: :;zo= >", - :;zo=, c:> ë-? ~!i! BOYNTON PLACE J u... ...... ..... ..- '-..:::t- ~ ~PLATBOOK11,PAGE 1 t- LOT 8 -r- i I AREA 3 I i ~ ~=51tœSQl/AREFEE'. <n ~ LOT 7 I LOT 6 I ttJ \ ' , <f:) 5I}" 50' 1 ~-------"----- 375' ) .. HE. 7TH AVE. (flORIDA AVE.) "--____________--1_____________________ SI£ET 5 OF 5 SHEETS HWS FILE NO. - 03-15:ø.oo1-SS5 310 s.E 1st SIIeeI, Suite 4 DeIray BefdI, fbiIa 33483 Heller - Weaver and Sheremeta, inc. =~~=::œ Engineers ... Surveyors ... Planners -~"-.~.,-,~,'----'.',--'."....~, ~- ",o,_"_···_~__,,,__.__'_.'· _, VI.-CONSENT AGENDA ITEM C.S. 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 o April 7, 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) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) L8J July 20, 2004 July 5, 2004 (Noon) 0 Administrative L8J Legal - Resolution NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal - Resolutions. Staff recommends that this resolution be approved which accepts the dedication of a 2.6-acre conservation easement. EXPLANATION: On January 21,2003, site plan approval was granted for "High Ridge Commerce Center #2". As this project was approved on property containing natural scrub habitat, habitat set aside and a formal management plan was required as a condition of approval. The easement will ensure proper preservation of this preserve in perpetuity. Please note that in accordance with the "Deed of Conversation Easement", the city (Grantee) shall not be responsible for any costs or liabilities related to its operation or maintenance, and that the easement is for conservation purposes only and specifically excludes any access rights of the public. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Dev~~", City Manager's SigIÌature p~~DUector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROAAesolutions\Agenda Item Request Resolution(High Ridge Commerce #2) 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING A DEED OF CONSERVATION 5 EASEMENT FROM LEVITT COMNŒRCIAL mGH RIDGE 6 IT, LLC, AND PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, Levitt Commercial High Ridge IT, LLC, desires to construct High Ridge 9 ommerce Center IT at a site in Boynton Beach, Palm Beach County, which is subject to the 10 egulatory authority of the City; and 11 WHEREAS, the purpose of this Easement is to retain land or water areas in their 12 atural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain 13 uch areas as suitable habitat for fish, plants or wildlife; and 14 WHEREAS, the City Commission upon recommendation of staff, deems it 15 ppropriate to accept the Deed of Conservation Easement from Levitt Commercial High 16 idge IT, LLC. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. That each Whereas clause is true and correct. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 ereby accept the Deed of Conservation Easement from Levitt Commercial High Ridge IT, 22 23 Section 2. That this Deed of Conservation Easement wi1l be recorded in the 24 blic Records of Palm Beach County, Florida. 25 Section 3. This Resolution shall become effective immediately upon passage. 26 27 :\CA\RESO\Agreements\Utilities\Deed of Conservation Easement - High Ridge Commerce Center ll.doc ..- - .._,~- ..' ~____........<_._~_...,...'~ '_~,' _ __~."___,.v~,,,~_,_<_,,__· 1 PASSED AND ADOPTED this _ day of July, 2004. 2 3 CITY OF BOYNTON BEACH, KORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 TrEST: 21 22 23 ity Clerk 24 25 Corporate Seal) 26 27 28 29 30 31 :\CA\RESO\Agreements\Utilities\Deed of Conservation Easement - High Ridge Commerce Center n.doc '. DEED OF CONSERV A TION EASEMENT THIS DEED OF CONSERVATION EASEMENT IS gIven this -:1~day of , 2004 by LEVITT COMMERCIAL HIGH RIDGE II, LLC, a Florida ited Liability Company, with an address of 4150 S.W. 28th Way, Fort Lauderdale, Florida 33312 ("Grantor") to the CITY OF BOYNTON BEACH with an address of 100 E. Boynton Beach Boulevard, Post Office Box 310, Boynton Beach, Florida 33435 ("Grantee"), As used herein, the tenn Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the tenn Grantee shan include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project) HIGH RIDGE COMMERCE CENTER II ("Project") at a site in Boynton Beach, Palm Beach County, which is subject to the regulatory jurisdiction of the CITY OF BOYNTON BEACH ("City"); and WHEREAS, City Pennit No. ("Pennit") authorizes certain activities which affect land under the regulatory authority of the City in or ofthe State of Florida; and WHEREAS, this Pennit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the City's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Pennit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over the Property. NOW, THEREFORE, in consideration of the issuance of the Pennit to construct and operate the pennitted activity, and as an inducement to Grantee in issuing the Pennit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conversation Easement shall be as follows: 1. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the Conservation Easement which are to be enhanced or created pursuant to the Page 1 of5 FTl:995777:2 _'·~'_'_~~"-""''"'''''U ~ ,~'.--""'~ ~----"""",-----~""""".,--""",,---",--',~>-.~-~.~ .--~---'<""'","''''~'_'- - Management Plan ("Plan") described in Exhibit "B" attached hereto and incorporated herein shall be retained and maintained in the enhanced or created conditions required by the Plan. To carry out this purpose, the foHowing rights are conveyed to Grantee by this Easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are pennitted or required by the Plan, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of sailor other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such a manner as to affect the surface; e. Surface use except for purposes that pennit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects ofthe Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any City rule, criteria, pennit and the intent and purposes of this Conservation Easement. Page 2 of5 FTL:995777:2 4. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Conservation Easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breech hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. II. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United Stats certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Palm Beach County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Page 3 of5 FTL:995777:2 _,,~____~,'_. h ~"",,~,,_~,--~--,.,_,Y-'''''~'-''''M Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is tree and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey the Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful c1aim~ of all persons ~d? IN WITNESS ;¡:'REOF'~ tt ~.w.u¿ has hereunto set its authorized hand this L day of ,,/}l.~ I , 2004. Signed, sealed and delivered LEVITT COMMERCIAL HIGH RIDGE II, LLC in ur resence as witnesses: a Florida Limited Liability Company By: LEVITT COMMERCIAL DEVELOPMENT, LLC, a Florida Limited Liability Company, Manager B~,I ~. -:=--==-- ~ ~ -Seth Wise, President APPROVED AS TO FORM City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF~ ) 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, the fo~oi~trument was acknowledged before me by ~ á//.s~ , the Îk$/." ~ of LEVITT COMMERCIAL DEVELOPMENT LLC, a Florida limited liability company, fteely and voluntarily under authority duly vested in him/her by said company. He/she is p~onally known ~ or who has produced as identification. ~S my hand and official seal in the County and State last aforesaid this 7~y of ð, 2004. ~4Ø<€ C ~4-'¿ Page 4 of5 FTL:995777:2 Notary Public ~-'::'N"i1¿Ev~".5 Typed, printed or stamped name of Notary Public My Commission Expires: ~-i~~~ Suzanne E Evans f.{:!Jj MY COMMISSION # 00154057 EXPIRES ~'" . ~~ July 23, 2007 "~iíf..'fr'rß·· BONDED THIIU TROY FAIN IHSURANCf,1NC Page 5 of5 FTL:995777:2 ~~,~...~--->~~,>,--'- - -,--" ~",------~"~,,,".-,,~--''''~---<~-'-~'~-=-,~--.- ~i- t-\1 P-:> I -. 11 OQ' 1 ~.I 1 ~ ~ ~ I ,,~ ~ ~ ... 10 ...¡ I ::¡'" I I ~ 0 or) ....., I ~- I II:: i£ ... ~ (¡) æ ~ .:"'-J I "I I ~ < ~ 101 I .....~ \oJ3t !Q _::! ~a ~. ' 6 ~I 1 ~~ ~~ ~ I I ~~ e;: ~ I I ~~ ~ 3! <: II:: !:: I.. Q: 1 JiS ~,fì! ~ ~ ~ \oJ I t! '(~ ~ <: g a 18 Ì!¡ 1 1 () ~~ ~ ~ ~ . q: I 0\1 ~ I I ~ ~~ ~, ~ !J _ 0 10) 5'1 "'1;::) Iii ... ....... 61 t5 ~"'I; ~ ()... 1:1:: ~ . 1 "ì\~" , ~....'" I \oJ~ "'I;~ 0 ....;0: I. 1 ~9 ~~ ' ~~ _ I. ..... 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'" Q "" "," !; '" '" i!; i!; ¡¡¡ .. ... ... :¡¡ ~ Q C'!-o~ ~-~<t) o~~oQio55331ti <t)~~ 01; C> ~ is ~ I< ¡:¡ is Iìí ¡:¡ "'"- I:: "'I!, '" OJ '" " " I!, ~ ¡j I:: .. 1: :z:: ~ ¡; ;0: ... " .. ~ j!; ~ "::! ~ ...I'HHHI ~... ~ ... ;!! ] :5 ..¡¡¡§§ ~~~~ ~~~~~~niiiiS~ Q~Š '" 8.3 "'>~Q.~~~~~Q.. ~IIH~ ~ ~~ ~ .. .. .. . , - I '< -~- . . b- 'f.-H f 6 ¡ J t!.) , . PRESERÝATION AREA MANA6EMENT PLAN HIGH RIDGE COMMERCE CENTER NUMBER 2 City of Boynton Beach Palm Beach County, Florida Section 17, Township 45 South, Range 43 East . PREPARED FOR: LevittIBank Atlantic Commercial JANURARÝ 8.2003 . -- ....-'.~ - .-'-,""" - .'.-.-.. - . .-- - -..-... -- .... PHILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12730 s.w. 12th Court DAVIE. FLORIDA 33325 . (954) 370-8870 '-'-"--'~~-'- .,~_...'...þ......_~.....~ -..'';'>< ..----_.,-.~,',' .,,,-'.', .~._,~. . . .- . . - . mGB RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN ~ INTRODUCTION The High Ridge Commerce Center No.2 is a commercial project that will be developed on a ]0.4 acre tract of land located on the Southwest comer of Miner Road and High Ridge Road, City of Boynton Beac~ Section ]7, Township 45 South, Range 43 East, Palm Beach County, florida. The site is bounded on the north and east by paved roads, on the south by a cJeared field and by an undevelopèd wooded tract to the west. The immediate area surrounding the property, with the exception of the western wooded area, has been cleared and developed for industrial and residential purposes. The southeast comer and an area along the north boundary of the property have been cleared in the past. The southern area is open with some scattered exotic trees and the northern area has a dense growth of exotic shrubs. Approximately 2.6 acres of forested land along the west side of the property was set aside as a preseIVe area to be in compliance with the City of Boynton Beach Vegetation and Environmentally Sensitive Land Ordinance ( Chapter 7.5, Article IV). The preserve area is approximately ninety feet wide and abuts a wooded property to the west. The habitat value of the preseIVe is excellent and with a minor amount of exotic and invasive vegetation removal ån area of open scrub will be created that will support and sustain a ~ viable wildlife population. Protecting the western edge of the site will provide a vaJuable core habitat that still resembles historic pinelands that will be a valuable conidor for movement of animals. The purpose of the "PreseIVe Management Plan" is to provide a comprehensive program for protection during construction, habitat restoration, exotic vegetation removal and to establish a long term maintenance schedule. VEGETATION The site can be best described as a sand pine (pinus clausa) dominated scrub habitat. The wooded area of the site is denseJy covered with sand pine of various ages with an under story of scrub oak (Quercus spp.). There are no sandpine seedlings or saplings present in the under story. Approximately ten percent of the standing sand pine trees are dead. Both serotinuous and nonserotinuous specimens appeared to be prevalent within the community. Fire has occurred at some time in the distant past as evidenced by pieces of charred wood obseIVed on the southern half of the site. Sand pine is a pioneer species and in the absence of periodic fires will often invade open scrub flatwoods, r especially during periods of drought. 2 ~ . IDGB RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN . VEGET AIION(Continued) ~ An open area that occurs on the southern end of the property contains roadside weeds such as Spanish needles (Bidens alba), ceasar weed (Urena lobata), ragweed (Ambrosia artemisiifolia), periwinJùe (Catharanthus roseus), and various other grasses and forbs associated with open fields. PrickJy pear cactus (Opuntia spp.) was observed here and in other sunlit areas of the site and dodder vine (Cuscuta spp.) is invading the periphery vegetation. The exotic canopy is sparse and consists of earJeaf acacia (Acacia auriculifonnis), Austrialian pine (Casuarina equisetifolia), Brazi1ian pepper (Schinus terebinthifolius), lead tree Leucaena leucocephaJa), Java plum (Syzygiwn cumini) and ScheIDera (Brassaia actinophyHa). Approximately 2.4 acres along the north boundary is covered in dense Brazilian pepper. Earleaf acacia and scheillera are scattered through out the site. Giant wild pine (Tinandsia utriculata), inflated wild pine (TiHandsia balbisaina) and scrub mint (Conradina grandiflora) were noted in the southeast corner ofWs area. The remaining two thirds of the property is forested with sand pine and an occasional e slash pine (pinus elliottii). The under story is predominately scrub oak (Quercus spp.), Chapmann's oak (Quercus cbapmanii), sand live oak (Ouercus geminata), saw palmetto (Serona repens), paJafoxia (paJafoxia feayi), paw paw (Asimina reticulate), staggerbush (Lyonia ferruginea), huckleberry (Vaccinium mysinites) and Florida privet (Forestiera segregata). Because of the dense pine canopy, the wooded area is depauperate of ground cover. Rosary pea (Ceropegia woodii) covers a large portion of the area and scattered dumps of wire grass (Arstida stricta) and gopher apple (Licania michauxii) were observed. Wild pine (Tillandsia spp.) occurred sporadically on a few of the trees. SOILS The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Palm Beach COlUlty indicates that the substrate of the property is Paola sand (PcB) along the east one half and St. Lucie sand (ScB) on the western one half. Both of these soils are nearly level to sloping, excessively drained, deep, sandy soil on long narrow, dune-like coastaJ ridges and on isolated knolls. The water table is generally below a depth of six feet. - 3 ~~,'--- ,~--- - _'~'_"-=,__~""""""'~_"-"-_"',"_O'. . . ~ BJGB RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN ., "WIIs-DtJFE _ _ _ ~_. u Based on previous studies of animal populations within the Sand Pine Scrub and Pine F1atwoods communities~ a gopher tortoise (Gopherus polyphemus) and listed animal species survey was conducted in November 2002 for the project. Dming the field survey of the vegetation~ all gopher tortoise (Gopherus polyphemus) burrows were located and mapped within the scrub~ f]atwoods~ and disturbed portions of the site. A total of 19 burrows were distributed as follows: 6 active~ ] inactive and 12 abandoned. Active burrows were identified by the presence of tracks~ c1eared openings or recently excavated soil. Inactive burrows usually showed no signs of soil excavation and were frequently littered with fallen leaves and other debris. Abandoned burrows were often caved-in or covered with leaves with no signs of activity. Since gopher tortoise utilize more than one burrow~ estimates of abundance were based on a multiplier of 0.6 x active and inactive burrows (Auffenberg and Franz 1982). Ifwe assume that the multiplier is an accurate estimate of tortoise populations throughout F1orida~ 7 burrows represents an estimated population of 4 or 5 gopher tortoise. The relocation of five or less gopher tortoise would require an onsite permit from the Florida ) Fish anq Wildlife Conservation Commission. Tbe western twenty five percent of the site will be utilized as a preservation area for both plants and animals. Other burrow commensals such as the gopher ITog (Rana areolata) and eastern indigo snake (Drymarchon corais couper) as well as the Bonda scrub lizard were also looked for at the time of the gopher tortoise study~ but no additional animals were obselVed. RESIDENT ANIMAL SPECIES The following animal species were obselVed on-site during the most recent field survey. p.-. - -..- -_.- ,--....-.- - ""--. . ----.-.-.-, ---- - --.'--. ----.. - ..-- ---- - - - - . .-'. -.' - ---, -- Mammals Nine banded armadillo (Dasypus novemcnctus) Opossum (Didelphis vurginiana) Raccoon (Procyon lotot) Grey Squirrel (Sciurus carolinensis) Birds ( Ground dove (Columbia passerina) Mocking bird (Mimus polygJottos) Mourning doves (Zenaida macroura) 4 , ~ . HIGH RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN . -2,-WILnLlELL£ontinuedL==-_ Other Vertebrates Oak toad (Bufo quercicus) Green anole (AnoJis caroIinensis) Six-lined racerunner (Cnemidophorus sexlineatus) Gopher tortoise (Gopherus polyphemus) WETLANDS Wetlands do not occur on this property. MANAGEMENT Active management of the preserve will be conducted in phases as described below. 1. Preconstruction. 2. Gopher tortoise re1ocation. 3. Exotic and invasive vegetation removal. - 4. Construction. 5. Habitat restoration. 6. Monitoring and maintenance. PreconstructiOD: The b01.mdaries of the preserve area must be delineated by a surveyor with stakes placed along the property lines and eastern delineation line on twenty five foot intervals. A four foot high orange vinyl construction fence with six foot steel posts on ten foot centers , must be erected on the east~ north and south boundary line of the preserve. In addition~ a ., 'three foot high silt barrier must be placed directly in fÌont of the construction fence along the east boundary of the preserve. Gopher Tortoise Relocation: The active gopher tortoise burrows will be excavated and the animals will be placed behind the preserve area fence in accordance with the Florida Fish and Wildlife -- Conservation Commission re1ocation pennit. 5 '- , ~'<~~' _._-"~ - - '-'->,- ~ HIGH RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN ~ -_Exotic ª!ld Invasive Vegetation Removal: -..,..,--..'-~- The northern three hundred feet of the preserve is totally infested with Brazilian pepper resulting in the near elimination of all undedying species of vegetation. These trees will be removed by hand cutting at ground level and treating the stumps with an approved herbicide. Use of a tractor equipped with a hydro-ax is an optional method for cutting the trees to ground level. Large areas of the wooded portion of the preserve are covered with rosary pea vines inbJòiting the movement of gopher tortoises and other small animals. Tbe vines wiU be treated with an approved herbicide and allowed to decompose in place. The entire preserve will be campaigned to eliminate any exotic species of vegetation that appears on the Florida Exotic Pest Plant Council list. These specimens will be treated with herbicide and left in place. Construction: The developer's contractor will clear and grub the developed portion of the site east of the preserve. The integrity of the eastern preserve boundary line must be maintained at all times. If the trunk of a tree or the majority of a tree's roots falls on the east boundary line, then the tree and the roots must be removed by hand to the limits of the preserve. If ) the roots of any tree protrude beyond the east line of the preserve, then the roots must be removed by band. The Environmental Consultant will determine if the roots can be safely removed without hanning the tree. If they cannot, then the tree must be removed by hand. After the cJearing and grubbing has been completed the developer's contractor will install a concrete,retaining wall eighteen inches east of the preserve eastern boundary. Extreme care must be taken that no fill or debris be allowed to breech the silt barrier and construction fence. Any voids that occur on the west side of the retaining wall will be fiUed with sand by hand. Clearing and grµbbing and construction of the retaining wall will be observed by the Environmental Consultant to assure that there are no adverse impacts on the preserve. During subsequent construction activities, extreme care must be taken at all times that debris and other extraneous material does not enter the preserve area at any time. 6 . mGn RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN . =HYbitat-=Rest(lr~tÌ:onc:=-~,-- - Tbe northern three bundred feet of the prese1Ve will require the installation of a certain amount of vegetation. It is anticipated that a temporary irrigation system can be placed in this area after the water retention pond is excavated. Watering of newly installed plants is essential until they become estabJisbed. Unless there is a drought, the watering is generally for a period of six months. The interval of time between the Brazilian pepper removal and the irrigation installatiü~ will provide any indigenous under story vegetation that has been dormant time to regenerate. Any replanting required along the east prese1Ve boundary after construction of the retaining wall can be done at this time. Tbe inigation line can be extended to acccmmodate the new plants. Vegetation species proposed for habitat restoration incJude, but are not limited to, the following: Cabbage palm (Sable palmetto) Pawpaw (Asimina reticulate) Saw palmetto (Serenoa repens) Staggerbush (Lyonia ferruginea) Scrub oak (Quercus spp.) Gopher apple (Licania michauxii) Sand pine (pinus cJausa) Wiregrass (Arstida stricta) - Trees, shrubs and herbaceous materia) wi1 be containerized. Trees and shrubs will be planted on ten foot centers and ground c01 ~r will be on three foot centers. No plant relocation will occur within the preserve 2 ,'ea. Monitoring and Maintenance: MONITORING 1. Monitoring shall be conducted f¡)r 'a two year period to assure the City of Boynton Beach that the management plan for the preserve is successful. ^'- --2. --Ä-tiIDti^zêrorepõff-shaJrbc"ptepared^and submitteåtothe City of Boynton Beac~ Planning and Zoning Department City Forester within 30 days of the completion of the planting. A quarterly monitoring report shall be prepared and subrriitted to the City Forester within 30 days 1Ìom the end of each quarter for the first year and annually for the second year. The City Forester will be appraised of each deveJopment that occurs prior to the submittal of the time zero report. . 7 - '''''''''''-' ''--F-"__~··___"'_.",4_"_' '.;.~ --q- -----.~,'~ ~--- BJGB RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN ) __)'"_~__ The _mQ~t9ring rep0!1_ shall contain the foHowing: a. Estimated coverage of plant species composition and percent survival of the woody species within the planted area. The area will be noted for recruitment, signs of stress, deterioration and percent infestation of exotics speCIes. b. Color photographs of the site taken horn the same position each report. c. A general discussion of the site to include quantitative data, water quality, wildlife usage, percent survival and any unusual circumstances concerning the planting area. MAINTENANCE The preserve area shall be maintained on a quarterly basis into perpetuity to control and remove invasive and exotic vegetative species as defined by the Florida Exotic Pest Plant Council. The undesirable species sball be removed bypbysically uprooting and disposing of the individual specimens or by spraying with an approved berbicide. Every ) attempt shall be made to attain zero percent coverage of exotic/nuisance plant species dming the quarterly maintenance event. PROHIBITED ACTIVITIES Prohibited activities in the preserve include, but are not limited to: construction or placing of building materials on, above, or below the ground; dumping or placing soil or other substances such as garbage, trash and landscape cuttings; removal or destruction of native trees, shrubs or other native vegetation; removal or causing hann to resident .' .g()pþ"~.r t()I!_()j~~~r any other anim~s; excavating, dredging or removal of soil material; . -.' ". . . .... . - ...-. -- ---. -diking or fencing; recreational yehicle_us.e; any- activities getrimentaJ to drainage, flood control, water conservation, erosion control and wildlife habitat conservation and preservation. No alterations are pennitted within the preservation area easement without prior approval of the City of Boynton Beach. 8 "- . . mGn RIDGE COMMERCE CENTER No.2 MANAGEMENT PLAN .- . ~FJNAN~.MŒSPONSIBILITY Tbe Owner of Record of the High JUdge Commerce NO.2 development project will be responsible for the financial responsibility of the preserve area. The financial responsibility will be transferred with the ownership of the property. ENTITY RESPONSIBLE FOR MANAGEMENT The Developer or Owner of Record of the High Ridge Commerce No.2 development project will be responsible for the initial and long term management of the preserve. Tbe management responsibility will be transferred with the ownership of the property. TIME SCHEDULE Tbe foUowing is an approximation of the schedule of events concerning the development of the preserve area: February 2003 - Survey preserve boundary, install construction fence and silt barrier, . apply for gopher tortoise reJocabon peJ11Út. (permit has 30 day expiration and can be obtained in 2- weeks) March 2003 - Remove exotic vegetation :fTom preserve, reJocate gopher tortoises, dear developed site. September 2003 - Install temporary irrigation, plant vegetation to restore the northern portion of preserve and the east boundary. November 2003 - Submit time zero monitoring report. . - . , . '. - - ~ ~'. November 2005 - Submit finã1 monit6Ïìn.g-ieport. ..-_. --, -,. -- .'P .._~ - -,'.-'-'~ . 9 ---'----~~~-,-~<- - . .-.~~-,,','~-""'--- _.__........,'-~ ~- -" HIGH RIDGE COMMERCE CENTER No.2 ·8005' 18", ,~_~2~.b LUXO RD 95 ¡1ST J RN Hill RD .. TOM-A- TOE RD :.......~ :.:.;.:.: :~::::,::::~ .;.:.:.:. .:-:-:.:. I W CI 2 AlTO' -< ARTHUR CT II: 0 PEAK! 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I'!"~ !;¡1'!!i11!í "'iii <>~o<>i3818;¡; ~It~ 1:J~ {¡ f3 ~"Cl:J:: CI )i:O ~~,::~m~~~~~~ ~~-..;. 4ë Q a-\!¡~ ã~¡jl;; ~~~~"~¡hsl!íl!ílj .,~~ ti e) 01; ~~Cl: ~~~~ ~~~~~~~~ ~ ....~ ~ ~G~~ ~t::~~ ~~~~....~~~~~.... ~(,)~ =~ :f:J :5 "C~§~ ~~S~ ~~~~~~~~~~~ ~~~ ~ I) <:).... ~ 0 co..; -I..:. VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.6. AGENDA ITEM REQUEST FL.,uu 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 ]7,2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) o June ]5,2004 May 3], 2004 (Noon) o May 4, 2004 April ]9,2004 (Noon) o July 6, 2004 June 14,2004 (Noon) Ç) C> c->=i o May] 8, 2004 [8J July 20, 2004 .c- =i-< May 3, 2004 (Noon) July 5, 2004 (Noon) L -<0 c::: r- Ç) -r-¡ I rCD nO 0 Administrative 0 Legal 0"\ :::0-< ~z NATURE OF 0 Announcement 0 New Business :x:- ,,")-. 3: 0 AGENDA ITEM 0 0 - Oz City Manager's Report Presentation - ." .. -r-¡CD [8J Consent Agenda 0 Public Hearing - -rr¡ - ('"):> 0 Code compliance/Legal Settlements 0 Unfinished Business î'1c-> :z: RECOMMENDATION: Approve Task Order 04-05-07 with CH2Mhill in the amount of$8,000 for concept design of the Intracoastal Park Clubhouse. EXPLANATION: Per the direction of the City Commission, staff is proceeding with architectural design services for an estimated 7,000 Sq. Ft. municipal building (clubhouse) at the newly constructed Intracoastal Park. At this time, staff wishes to proceed with the space programming and schematic design phase only. The architect will gather information about the proposed uses of the facility and advise the City of the appropriate size offaciIity that is necessary to support these uses. Additionally, the architect will evaluate a separate geotechnical report, will prepare schematic floor plans and exterior elevations, and prepare construction cost estimates for BOTH a two-story and one-story building alternative. Prior to proceeding with future task orders for costly final architectural design, the City Commission wil1 be asked to review the architect's work and construction cost estimates in an effort to select that design alternative that best meets the functional space needs and aesthetic desires of the City. The impact of parking and stormwater management are not greatly dependent on the initial design alternate selection and will instead be considered during final design. PROGRAM IMP ACT: The Intracoastal Park Clubhouse will provide community meeting space in an idyllic setting and will also provide additional programming space, if desired, for the Recreation and Parks Department. FISCAL IMPACT: $8,000 schematic design services funded from the current Fiscal Year capital budget. ALA TERNA TIVES: ~~Q Do not proceeä;:¿,¡gn "Ü","cnon of th~ facility. ~p""",~" Sign_. City ager's ignatùre Engineering and Public Works Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CH2M HILL One Harvard Circle West Palm Beach, Fl 33409-1923 . Tel 561.515.6500 CH2MHILL Fax 561.515.6502 ~ Task Order No. 04-05-07 Reference No. RFP No. Architectural and Engineering Services for Design and Construction Administration for Boynton Beach Intracoastal Park Community Pavilion. A. Project Description: The City of Boynton Beach has funded and approved Improvements to the Boynton Beach Intracoastal Park to Design and Construct approximately 7,000 S.F. 2-Story Park Community Pavilion. B. Scope of Services: At the request of the City, CH2M HILL is to provide Architectural Pre-Design Services to include Programming, Schematic Floor Plans and Elevations. Additional design services to be authorized as the project progresses. Task 1- Pre-Design Services: A. Geotechnical Services (provided by the Gty) $ 2,000.00 B. Site Survey (provided by the City) $ .00 C Programming: (C1) Based on Four (4) Interview Meetings with appropriate City and Staff, prepare a Building Space Program indicating required assigned and support spaces for the building. $ 3,000.00 (C.2) Concept Drawings and Meetings. Provide two (2) Concept Site Plans, Floor Plans and Exterior Building Sketches; and attend One (1) Review Meeting with City Staff and City Commission. $ 2,400.00 (C3) Provide Conceptual Cost Estimate. $ 400.00 OOAVIS1M>ROPOSAUBOYNTON BCH sow CONSTRUCTION INTRACOASTAl PARK COMMUNITY PAVlUON_6-16-04 - ---~'-'-~'~.'''''--'---'----"-- . Page 2 June 16, 2004 D. Expenses: Programming submission to include Six (6) Sets of Program Requirements, Black-Line Concept Site Plan, and Building Sketches. $ 200.00 TOTAL TASK 1- LUMP SUM $ 8,000.00 Task 2 - TRC Submittal (N j C) $ .00 Task 3 - Construction Documents (N j C) $ .00 Task 4 - Bid Phase Services (NjC) $ .00 Task 5 - Construction Administration (NjC) $ .00 Task 6 - Post Construction Services (NjC) $ .00 C. Assumptions: · City to provide As-Built Drawings · Utilities are available to site location. · No off-site work included. D. Contract Reference: This Task Order shall þe performed under the terms and conditions descried within the Agreement for General Engineering Consulting Services dated November 2003, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation: Compensation by the CITY to the CONSULTANT for this Task order will be on a Lump Sum basis in accordance with the above mentioned agreement. The estimated compensation for the services described in this Task Order is $8,000.00, as shown in Table 1. Page 3 June 16, 2004 TABLE 1 Intracoastal Park Convention Pavilion Labor Labor Expense Hours Cost Cost Total Task 1 - Pre-Design Services 78 $7,800.00 $200.00 $8,000.00 Task 2 - TRC Submittal (n/ c) .00 .00 .00 Task 3 - Construction Documents (n/ c) .00 .00 .00 Task 4 - Bid Phase (n/c) .00 .00 .00 Task 5 - Construction Administration (n/ c) .00 .00 .00 Task 6 - Post Construction Services (n/ c) .00 .00 .00 TOTAL 78 $7,800.00 $200.00 $8,000.00 F. Schedule: The CONSULTANT will commence Professional Services upon receipt of written authorization and will complete the work according to the table below. Architectural and Engineering fees for Task 2-6 to be provided as requested and authorized by the City. Task 1 - Pre- Desi Services Task 2-6 - Desi A tentative schedule will be developed within tasks/ services once a Notice to Proceed for Design has been issued and City review commission and procurement dates have been established. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager D~ted this _ day of .2004. SUBMITIED BY: CH2M HILL, INC. By: Allan Bollinger Project Delivery Director Dated this _ day of .2004. -"- -,_.~-,...,-------,-_.-..,------------. . __'._'u_ CH2M HILL One Harvard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 . CH2MHILL Fax 561.515.6502 .... Task Order No. 04-05-07 Reference No. RFP No. Architectural and Engineering Services for Design and Construction Administration for Boynton Beach Intracoastal Park Community Pavilion. A. Project Description: The City of Boynton Beach has funded and approved Improvements to the Boynton Beach Intracoastal Park to Design and Construct approximately 7,000 S.F. 2-Story Park Community Pavilion. B. Scope of Services: At the request of the City, CH2M HILL is to provide Architectural Pre-Design Services to include Programming, Schematic Floor Plans and Elevations. Additional design services to be authorized as the project progresses. Task 1- Pre-Design Services: A. Geotechnical Services (provided by the City) $ 2,000.00 B. Site Survey (provided by the City) $ .00 C Programming: (Cl) Based on Four (4) Interview Meetings with appropriate City and Staff, prepare a Building Space Program indicating required assigned and support spaces for the building. $ 3,000.00 (C2) Concept Drawings and Meetings. Provide two (2) Concept Site Plans, Floor Plans and Exterior Building Sketches; and attend One (1) Review Meeting with City Staff and City Commission. $ 2,400.00 (C3) Provide Conceptual Cost Estimate. $ 400.00 DDAVlS1M'ROPOSAl.1BOYNTON BCH SCJN CONSTRUCTION INTRACOASTAL PARK COMMUNI1Y PAVlUON_6-15-04 Page 2 June 16, 2004 D. Expenses: Programming submission to include Six (6) Sets of Program Requirements, Black-Line Concept Site Plan, and Building Sketches. $ 200.00 TOTALTASK1-LUMPSUM $ 8,000.00 Task 2 - TRC Submittal (N/C) $ .00 Task 3 - Construction Documents (N j C) $ .00 Task 4 - Bid Phase Services (NjC) $ .00 Task 5 - Construction Administration (NjC) $ .00 Task 6 - Post Construction Services (N j C) $ .00 C. Assumptions: · City to provide As-Built Drawings · Utilities are available to site location. · No off-site work included. D. Contract Reference: This Task Order shall be performed under the terms and conditions descried within the Agreement for General Engineering Consulting Services dated November 20m, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation: Compensation by the CITY to the CONSULTANT for this Task order will be on a Lump Sum basis in accordance with the above mentioned agreement. The estimated compensation for the services described in this Task Order is $8,000.00, as shown in Table 1. ---' -,-, -~- """-<-- -_..,_......~-~~~--..'-.~..' -" ,_. ".-- Page 3 June 16, 2004 TABLE 1 Intracoastal Park Convention Pavilion Labor Labor Expense Hours Cost Cost Total Task 1- Pre-Desiw:t Services 78 $7,800.00 $200.00 $8,000.00 Task 2 - TRC Submittal (n/ c) .00 .00 .00 Task 3 - Construction Documents Cn/ c) .00 .00 .00 Task 4 - Bid Phase Cn/ c) .00 .00 .00 Task 5 - Construction Administration (n/ c) .00 .00 .00 Task 6 - Post Construction Services Cn/ c) .00 .00 .00 TOTAL 78 $7,800.00 $200.00 $8,000.00 F. Schedule: The CONSULTANT will commence Professional Services upon receipt of written authorization and will complete the work according to the table below. Architectural and Engineering fees for Task 2-6 to be provided as requested and authorized by the City. Services A tentative schedule will be developed within tasks/ services once a Notice to Proceed for Design has been issued and City review commission and procurement dates have been established. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this _ day of .2004. SUBMITIED BY: CH2M HILL, INC. By: Allan Bollinger Project Delivery Director Dated this _ day of . 2004. VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.7. AGENDA ITEM REQUEST FL __ _ Requested City Commission Date final form Must be Turned Requested City Commission Date Final form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o April 6, 2004 March 15,2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o Apn120,2004 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) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation IZI Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 UnfInished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Karen Crickenberger for the property at 1065 James Road, Lantana, Florida (Hypoluxo Ridge LT 19 (Less E 20 FT) & E 40 FT ofLT 20). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None el :'tIû: the Utilities ..mee .rea.~ ity Manager's Signature Utilities Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman (wi copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 2 I RESOLUTION NO. R04- 3 4 i A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 I FLORIDA, AUTHORIZING AND DIRECTING THE CITY i 6 MANAGER TO EXECUTE AN AGREEMENT FOR I I 7 WATER SERVICE OUTSIDE THE CITY LIMITS AND 8 I COVENANT FOR ANNEXATION BETWEEN THE CITY 9 OF BOYNTON BEACH AND KAREN CRICKENBERGER; 10 I AND PROVIDING AN EFFECTIVE DATE. 11 12 I 13 WHEREAS, the subject property is Jocated outside of the City Limits, but within our 14 ater and sewer service area, for the property Jocated at 1065 James Road, Lantana, FJorida 15 HypoJuxo Ridge LT 19 (Jess E 20 Ft) & E 40 Ft ofLt 20); and 16 \VHEREAS, the parcd covered by this agreement contains a singJe-famiJy home, and 17 e Jocated in the San CastJe/Ridge Grove project area; and 18 WHEREAS, onJy potabJe water is avaiJabJe for connection to the property at this I 19 me due to recent water main improvements constructed by PaJm Beach County as part of a 20 eighborhood improvement project; 21 WHEREAS, City poJicy requires annexation of the property to be serviced at the 22 arJiest practicabJe time, as a condition of the granting of water services outside its 23 risdictionaJ Jimits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" cJauses are hereby ratified and confirmed as 27 ing true and correct and are hereby made a specific part of this ResoJution upon adoption 28 ereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water I 30 ervice Agreement between the City of Boynton Beach, FJorida and Karen Crickenberger, I , \CA\RESO\Agreements\Water Service\Crickenberger Water Service Agr.doc I ¡ I I -~,~.~~~~,~-,_.;._- -,- _ _~~_~_,,""""""__~,_ __~._~~..___~ '_._~',''''-«,""-.,_''''''~'' u__ 1 aid Agreement being attached hereto as Exhibit "An. 2 Secti on 3. This Resolution shaH become effective immediately upon passage. 3 PASSED AND ADOPTED this day of July, 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 23 24 ity Clerk 25 26 27 28 :\CA \RESO\Agreements\Water Service\Crickenberger Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~ TInSêGREEMENT made on this /1 day of ..-7(,,#<- , 200Ø', by and belweeIJ A w r/£Md"~~{.r hereinafter caned the "Customer", and the CITY OF BOYNTON BEA , a municipal corporation of the State of Florida, hereinafter caned the "Citytt. 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 lliEREFORE, for and in consideration of the privilege of receiving water service Horn the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as folIows: I. The City agrees to provide ~stomer 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 Citÿ hereby agree that there are I .If Equivalent Residential Connections which City shaH service. 3. The . Customer agrees to pay all costs and fees of engineerin& 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 conf0rl1\ance with all codes, rules and regulations 1 ...' _, _.', _____,~_-,,___._~,..o,............._'..____'__'_~'_',__·~ . applicable to the installation and maintenance of water service lines upon the Customer's pTemises. An such lines shan be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shan have the option of either requiring the Customer to perfonn the work necessary to confonn the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer win pay in advance an estimated costs thereof. In the event the City has such work performed, the Customer wiH 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. An connections shan be made in accordance with the Codes and regulations of Boynton Beach. - 5. Title to all mains, extensions and other facilities extended rrom 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 an 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 rroIIÍ 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 vohmtary 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 win 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 tlie City's water supply is sufficient to support the grant of , the power of attorney any subsequent discoIÌnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. \ 2 9. Annexation is intended to be and is hereby made a covenant runÌ1ing with the land descnòed in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florid~ and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and an successors and assigns. 10. It is agreed that the City shaH have no liability in the event there is a reduction, impairment or tennination in water service to be provided under this Agreement due to any - prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liabi1ity in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th~ City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) ITom 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 coUection) and costs rising out of or resulting ITom the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ,200_" WITNESS: INDIVIDUAL(S) AS OWNER(S): . ~¿£~ ~~~~ / Owner Signatme , /!2ff'X¡j;A/tV0~ Æ:#~ ¿'/~,Qk'd(J/ Printed itness Name ,. Printed Owner Name 6ßllM ~ ~ Witness Si~e . ~e.TT-¡ L- ~n- }.I C-r "- Printed Witness Name 3 '--- -"-~...~. ."_~,......~_=--.....-.........,-,,~..--,-,,~~.-_.~_,C_,",,,~_~"'_ ,__ ,. Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name ~ FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in thee State aforesaid d in the ~un~ aforesaid to take acknowledgments, personally appeared v¿ & l: ~ ,ç- to me known to be the person(s) described in and who exe ed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individu was personally known to me or provided the following proof of identification: , · (L ' e ¡()(. S I r't7 . Ú{. ....,..., WITNESS my hand and official seal in the Comty and State last aforesaid this / cf day of J ~JL ,2ooll (Notary Seal) ....'~~~íf'~ BarbaraM.Madde~ Á ./Jt~ :-m C"nmmt.løn # 00125274 ª. , . i Expires.JuIJ 19. 2006 Notary Public ':~\~.: ' " ~~ ~ Ba11dø111Iru "",f.~,~\\'"'' Atlantic Bcmd!ng Co.,lnc. . WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATfEST: Ci~\ CJerIe . , 4 STATE OF FLORIDA ) , ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fTeely 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 o( ,200_. (Notary Seal) Notary PubJic Approved as to form: City Attorney i 5 ~'.,'_Þ'-""'~."""""",~_.,~",'~O'.~...~ ~____·'P..."""",,,,,,,,,,,,,,,,,,,,,,,, I . ,- THIS INSTRUMENT PREPARED BY: James ~ CheIof. EsquIIII JosIas & Goren. P.A. 3099 East Commercial Blvd. SuiI8 200 FllauderdaJe. Fl 33308 þ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATEOFFLORIDA Â) COUNTY OF U~ I/We. k" á(Lf n f £./C Þ- 'en b fl2dffL . 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 accompßsh annexation by any , , available means. The real property which is the subject of this power is described as - . follows: 06--y3- Y~-09-63 ~tJ¡jI)-t1/tj/ . . The powers and authority of my attorney. THE CITY OF BOYNTON BEACH, tA -. FlORIDA, shall commence and be in full force and effect on the I f day of \) kf\ -( . 2oa:L and the powers and authority shall be irrevocable by Grantee. , , úIC IN WITNESS WHEREOF, we have hereunto set our hands and seals the / ¡ ~ Fo 4ft. day of J4n -( , in the year two thousand and Sealed and deJivered in the presence of ~~f~ç(~ ¿;;; //~er Signature Itness Ignature . /Ø-¿A" (?/è~Æ/ b'êP~ /J11!f~b¿/L:-)~7f- IPñnted itness Name Printed Owner Name . w~re~ ~. - ~ ß e. -,-r 1 Lr .-SA- H Ç.(' Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature . - Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM EJEACH ) . Uc THE FOREGOING INSTRUMENT was acknowledged before me this J ¡ day of l' ú n -e . 20º-L, by K Il(l '6t C Il..ic 1:. "fA h ~:Jct'R- and. . , . who. are known to me or 0 have produced F/ ¿J IZ/dA iJ 1£" v Ì' R ~ L /(> f' n,s"( , as iden~ification and who did/did noHake an oath~ - ......~V~",~ Barbara M. Madden ~ Á- k~ ~~ ~ \Commission # DD125274 NOTARY PUBLIC . ~. .õ:j Expiœs JUly 19, 200G ~ ,., BaDded 11mI Type or Þt1nt Name ""ff.,..,'AtlaDtk BondIng Co., Inc:. Commissiòri\Nö. My Commission Expires: POA.lND .~_'_'<-.'- ._-,~'.~~~ '.~'~' -. '..- ... 1 in. :: 177.0 feet 0130 0010 0030 T I 0150 ~ 1::11 0120 -- 1::1 r... 1020 -- "--- ,- - ¡21 5190 5170 0020 0010 0080 0160 0020 I; 0110 '-- 0100 0090 0010 j 4 1150 0170 c.: j ~ c llyn Dn --- ._._ __ 0: I! I I r 0010 0060 10070 0080 0100 5 1060 1020 ~ I ¡ 0250 0240 0220 0200 0W' 0180 : _____l.----- r 0160 DUO : . c 1010 1065 JamE -- JiiÎËiij ~ ~...,,. I ~ ,.,... I ì' 10 30 ~ 0340 0351 0380 . "80 - 0 .". ~ 0020 , 0420 0600 0480 10470 D.c6G 0442 0431 \ 0190 0160 0420 0400 0440 \ 0200 ~ ¡W¡¡¡ 0150 0010 10 0210 0020 0530 70 0130 10 30 0640 0220 ~ 0030 ~ 1 I 0230 0120 0040 ~ 0240 11 0110 0050 L' ~Að ~ 0260 0100 0060 80 ¡ """" ~ 0210 t - - 0260 0090 0080 0070 ; .r- ~ ,- III: ... - Location Map - Exhibit "A" .... _............ ~___..... '-''-'-.......J ... ...'-"p-......J ~...t't'.I.\.4.1.O'}<"". .... .""...."".I.LJ þ..JV~""". LJ'JL7L........ ..L """5" ... V..I. ~ Gary R. NJkoltts, CFA Palm Beach County Property Appraiser Public Access System Property Information Location Address: 1065 JAMES RD I11III ~ow Hap..1 Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0191 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 07415 Page: 1431 Sale Date: Sep-1992 Legal Description: HYPOLUXO RIDGE LT 19 (LESS E 20 FT) & E 40 FT OF LT 20 Owner Information Name: CRICKENBERGER KAREN Mailing Address: 1065 JAMES RD lAKE \/VORTH FL 33462 5342 2003 Certified Appraisal Improvement Value: $88,708 Number of Units: 1 I Struc1uraLI Land Value: $14,976 * Total Sq. Ft: 2026 I " f!xb'I.~. I Market Value: $103,684 Acres: 020 LL.nd... I Use Code: 0100 Description: SINGLE FAMILY * in residential properties may indicate living area. 2003 Certified Tax Ad Valorem: $930.16 _ Jr.x ÓtJQJ.atö4 Non ad valorem: $192.00 Total: $1,122.16 rO'Oetali... I 2003 Certified Assessed & Taxable Values Assessed Value: $72,571 Exemption amount: $25,000 (2003 Exemption) Taxable: $47,571 2004 Exemption(s) Regular Homestead: $25,000 TOTAL: $25,000 r Ðeta1l·~·1 Sales Information Sales Date Book Page Price Instrument Owner Sep-1992 07415 1431 $80,000 VVD Nov-1991 07035 1648 $100 QC A -1984 04325 1058 $100 VVD - ~____ _r__ u_'_.._'____. .____.,,. °1 Print Information http://www.co.palm-beach.fl.us/papalmain/detail_info.asp?p _ entity=00434509030000 191 6/18/2004 - - --'-'~~'._'----'-- ~'.'.'~__'_>','_'."''''''-'__'_r_~ "'~",'_~~'__,~"'-~~. __.._'._ . VI.-CONSENT AGENDA ITEM C.8. 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 c=J Apri16,2004 March IS, 2004 (Noon.) o June 1, 2004 May 17,2004 (Noon) c=J April20,2004 AprilS, 2004 (Noon) o June 15, 2004 May 31,2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) ("") a ("") --i c=J May 18, 2004 May 3, 2004 (Noon) [8] July 20, 2004 July 5, 2004 (Noon) "'- =i-< L- -<0 c: C)" ,~- , ;-co ¡o""Q 0 Administrative 0 Legal co ?2-< 0 0 " ~Z NATURE OF Announcement New Business U) --i ::Jt 0 AGENDA ITEM 0 City Manager's Report 0 Presentation Oz - ..." .. -"m [8] Consent Agenda 0 Public Hearing I'..) -P1 n):> 0 0 CO fTlo Code compliance/Legal Settlements Unfinished Business ::I: RECOMMENDATION: Approve amendment to CH2MHill, Task Order #2, in the amount of$232,140 yielding a revised contract amount of$528,199. EXPLANATION: The design of Fire Station #2 (SW quadrant) has gone through a series of evolutions based upon the needs of the Fire Department and the ever -changing availability of appropriate land for other Fire Station needs throughout the City. While researching potential sites for the SE and NE fire stations, it was brought to staff's attention that the City owned a 3+ acre parcel of land on Woolbright Rd just west of Congress Ave. Rather than attempting to squeeze additional square footage to an already undersized parcel of land, a decision was made to take advantage of the Woolbright land parcel to relocate the current station 2. Not only would this new location allow for a larger station design, in anticipation of future city growth, but would also help to reduce emergency response times to adjacent fire zones as well as the 1-95 corridor by being located on a main East/W est thoroughfare. Subsequently, the design was modified by Fire Department Staff to allow for a hardened EOC (Task #1 of this change order) and to house the Fire Administration (Task #2 of this change order). Most recently, the City purchased property on the comer of High Ridge Road and Gateway Boulevard to construct the NE Fire Station (station No.5) to serve the needs of the northeast quadrant of the City. This property is large enough to support an enlarged Fire Station that will accommodate Fire Administration as well as a future City public safety facility. This option was not known during the initial stages of design of Fire Station #2. Therefore, the Fire Administration and other leadership functions are now planned to be housed at the new Station on High Ridge Road. Station #2 on Woolbright will be revised to add a fourth bay and eliminate Fire Administration functions. Additionally, the design utilized for Fire Station #4 (SE Station) will be modified for Fire Station #2 and the exterior façade will be modified to provide for an alternative exterior façade to be more compatible with adjacent residential properties (Task #3 of this change order). Task #1 Hardening EOC $44,000 Task #2 Fire Admin. Size increase $110,830 Task #3 Modify site and Sta. #4 design to use for Sta. #2 $77,310 Total Change Task Order #2 with CH2Mhill $232,140 PROGRAM IMPACT: This change is part of the overall Fire Station plan as outlined in the Fire Assessment. See attached chronological reports/documentation prepared by Deputy Chief Jim Ness, Deputy Chief David Liu, and PW Director Jeff Livergood 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 AN 5 AMENDMENT TO TASK ORDER #2, TO CH2MHILL, IN 6 THE AMOUNT OF $232,140.00 FOR ADDITIONAL 7 PROFESSIONAL ENGINEERING SERVICES FOR DESIGN 8 IMPROVEMENTS FOR FIRE RESCUE STATION #2; AND 9 PROVIDING AN EFFECTNE DATE. 10 11 WHEREAS, the design of Fire Station #2 has gone through a series of evolutions 12 ased on the needs of the Fire Department and the ever-changing availability of appropriate 13 and for other Fire Station needs throughout the City; and 14 \VHEREAS, while researching potential sites for the SE and NE fire stations, it was 15 rought to staff's attention that the City owns a 3+ acre parcel of land on Woolbright Rd., I 16 ust west of Congress A venue, and the use of this site for the relocation of Fire Station #2, I ! ;vould allow for a larger station design in anticipation of future growth, as well as help to i 17 ¡ i 18 educe emergency response times to adjacent fire zones; and 19 WHEREAS, the design was modified by Fire Department Staff to allow for a 20 ardened EOC (Task #1 of this change order) and to house the Fire Administration (Task #2 21 f this change order). 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. 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 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 ereby authorize and direct the approval and execution of an amendment to CH2MhilI Task :\CA\RESO\AgreementsITask . Change OrderslAmendment Task Order 11- Fire Station 2,doc ___ _..>~,>~_____.,,---,,,,=,,,._-"'~~_~ '~"",~."'L~,-<. _ ""'-"-~__.~<_ 1 rder #2, in the amount of $232,140.00, additional professional engineering services for design 2 mprovements for Fire Rescue Station #2 3 Section 3. This Resolution shaH become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of July, 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 23 TTEST: 24 25 26 ity Clerk 27 28 ICA\RESOlAgreernentsITask - Change OrderslAmendment Task Order 11- Fire Station 2.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Fire Assessment funds are available to fund this change. City Manager's Signature Engineering and Public Works Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC --~~-~'-'----'-'--. ~,......,...---~~,--~-"-'-'...~.-.........--'" -~.' - . CH2M HIll One Harvard Circle West PaJm Beach. Fl 33409 Tel 561.515.6500 . oJ Fax 561.515.6502 CH2MHILL .~ June 11,2004 178443.DS.AR Mr. David Stump City of Boynton Beach 10012 Boynton Beach Boulevard Boynton Beach, FL 33425 Subject: Amendment - Task Order IT - Additional Services for Fire Rescue Station #2 Dear Mr. Stump: CH2M HILL is pleased to submit this Amendment to the City of Boynton Beach for professional engineering services for design improvements to Fire Rescue Station #2. Scope of Services: As requested, provide professional design services to include the following: Task 1. Hardening 2,500 S.P. Emergency Operation Center. Task 2. Increase size of Fire Station from 17,000 S.F. to 23,340 S.F. Task 3. Modify the programming and design to provide a 10,000 S.F. four (4) Bay Fire Rescue Station. The specific scope of services and compensation is detailed in Exhibit" A." Contract References: This amendment should be performed under the terms and conditions described within the Putchse Order #04042, RFQ #043-2413-02/640 between the City of Boynton Beach and CH2M HILL dated October 3, 2003. Oosure: Should you concur in all the foregoing and wish to direct us to proceed ~ith the services, please have your authorized person(s) executive the signature block at the bottom of this assessment. Fees and times stated in this agreement are valid for sixty (60) days after the date at the bottom of the page. Mr. David Stump Page 2 Jtme 11,2004 178443.DS.AR We appreciate the opportunity to provide these services to you. Should you have any questions, please do not hesitate to call. Very truly yours, Michael Flattery Project Manager let Enclosures Signed: (Dare) (Print name) (Title) _·.____-.-_..........~..._~__.....~_~"~.~,.._'...........o.~_,_,____.._. , .. EXHIBIT A ADDITIONAL SERVICES FOR FIRE RESCUE STATION #2 SCOPE OF SERVICES A. TASK 1 - Hardening Emergency Operation Center. This task includes to hardening of 2,500 S.P. Emergency Operation Center. · Prepare construction drawings, details and specifications. · Reinforce structural systems to withstand 180 mph wind resistance. · Modify mechanical and electrical systems to isolate and provide back-up systems. · Provide a hardening structure around emergency generator and fuel systems. TASK 1- TOTAL ADDITIONAL SERVICES $44,000.00 B. TASK II - Increase Fire Rescue Station to 23,340 S.F.: This task includes adding 6,340 S.P. to include, Battalion Chief Quarters, addition of an Apparatus Bay, larger Multi-Purpose Room, Support Areas and Additional Parking and Site Improvement. · ITEM 1: Pre-Design Services: 0 Provide programming based on additional space requirements. $ 2,800.00 0 Revise drawings to include new areas, and prepare for and attend two (2) review meeting with City. $ 2,200.00 0 Expenses: Programming submission to include Six (6) Sets of Program Requirements; Black-Line Concept Site Plan; and Building Sketches; and Conceptual S.P. Cost Estimate. $ 120.00 TOTAL ITEM 1 LUMP SUM $ 5,120.00 · ITEM 2: Schematic Design: 0 Based on Approved Revised Pre-Design Services, provide further developed Floor Plan, Site Plan, Exterior Elevation Drawings, CTlBURZ~PROP05AL BOYNTON BEACH FIRE 5T AnON 1;2 608.04 1 and Preliminary Construction Cost Estimates. One (1) meeting with Fire Department personnel will be held to Review, revise and finalize the Schematic Design. $ 8,000.00 0 Expenses: Schematic Design submission to include Six (6) Sets of Drawings and Cost Estimate. $ 250.00 TOTAL ITEM 2 LUMP SUM $ 8,250.00 . ITEM 3: Design Development (TRC Submittal): 0 Based on an approved revised Schematic Design, provide Detail Engineering Drawings for TRC Submittal: · Civil Engineering Drawings: $18,000.00 · Landscaping/Irrigation Design: $ 6,000.00 · Architectural Floor Plan and Elevation: $ 4,000.00 · Colored Rendering: $ 2,000.00 0 Expenses: Design Development Submission to include Six (6) Sets of Drawings, Cost Estimates, and Outline Specifica tions. $ 800.00 TOTAL ITEM3 LUMP SUM $30,800.00 . ITEM 4: Construction Documents: 0 Based on an Approved Revised Design Development Package, Final Drawings Specifications, Cost Estimate, Interior Room Finish Material Selection, and Equipment Schedule will be prepared. All Architectural and Engineering Systems listed in Item 3 will be finalized. Up to four (4) meetings with City Staff will be .----~~--.._~,_._.', ~ ~ '. __.~,~'__~ _o~'~,_~~, _~<~ ,_~_ held to review and finalize the construction documents. $61,830.00 0 Expenses: Construction Documents: Submission to include Six (6) Sets of Drawings, Cost Estimate and Specifica tions. $ 830.00 TOTAL ITEM 4 LUMP SUM $62,660.00 · ITEM 5: Permitting: 0 Resubmit Perrrrit Applications and Processing those Applications to the City of Boynton Beach Building Department Technical Review Committee, Palm Beach County Health Department (water distribution and sanitation), FOOT (driveway connections, utilities in the right-of-way) and Drainage Perrrrit. $ 4,000.00 TOTAL ITEM 5 LUMP SUM $ 4,000.00 TASK II - TOTAL ADDITIONAL SERVICES ITEMS 1-5 $110,830.00 C. Task III - Prepare design for a four (4) bay 10,000 S.F. Fire Rescue Station: This task includes the design of a new one (1) story +/-10,000 S.F. 4-Bay Fire Station to be located on approximately a three (3) acre site which fronts on the North side of Woolbright Road just west of Congress Avenue. Ch2M HILL to provide Architectural and Engineering Pre-Design, Schematic Design, Design Development Construction Documents, Bidding Assistance and Construction Administration Services for Station #2. Adjacent utilities across Woolbright Road and required median cut for emergency vehicle egress is included. · ITEM 1: Pre-Design Services: 0 Prepare topographic site survey locating Property lines, existing known utilities, adjacent Roadways, sidewalks and other relevant site Information. $ 250.00 · ITEM 2: Schematic Design: 0. Based on Approved Pre-Design Services, Provide further development Conceph1al Floor Plan, Site Plan, Exterior Elevation Drawings, and Preliminary Construction Cost Estimates. One (1) meeting with Fire Department personnel will be held to Review, Revise and Finalize the Schematic Design. Written approval of the work in This Task will be required except for minor Revisions, the Floor Plan will be considered "frozen" in order to avoid additional work in future tasks. $ 4,000.00 0 Expenses: Schematic Design submission to Include Six (6) Sets of Drawings and Cost Estimate: $ 245.00 Colored Rendering: $ 2,750.00 TOTAL ITEM 2 LUMP SUM $ 7,245.00 . ITEM 3: Design Development (TRC Submittal): 0 Based on an approved Schematic Design, Provide Detail Engineering Drawings for RC Submittal: · CiviJ Engineering Drawings: $12,000.00 · Landscaping/lrriga tion Design: $ 6,000.00 · Architectural Floor Plan and Elevation: $ 2,000.00 · Colored Rendering: $ 2,000.00 0 Expenses: Design Development Submission To include Six (6) Sets of Drawings, Cost Estimates and Outline Specifications. $ 585.00 TOTAL ITEM 3 LUMP SUM $ 22,585.00 . ITEM 4: Construction Documents: 0 Based on an Approved Design Development Package, Final Drawings Specifications, Cost Estimates, Interior Room Finish Material Selection, and Equipment Schedule will be Prepared. All Architectural and Engineering _,___~_"___""""",_~~~,~,, >_r'''........ ,,,,,,,,,~,,,_~__. Systems listed in Item 3 will be finalized. Up to three (3) Meetings with City Staff will be held to review and finalize the construction documents. $38,000.00 0 Expenses: Construction Documents Submission to include Six (6) Sets of Drawings, Cost Estimate and Specifications. $ 810.00 TOTAL ITEM 4 LUMP SUM $ 38,810.00 . ITEM 5: Pennitting: 0 Assist City in preparation of Permit Applications and Processing those Applications to the City of Boynton Beach Building Department Technical Review Committee, Palm Beach County Health Department (water distribution and sanitation), FDOT (driveway connections, utilities in the right-of-way) and Drainage Permit. $ 8,000.00 TOTAL ITEM 5 LUMP SUM $ 8,000.00 . ITEM 6: Bidding Assistance: 0 Distribute bid documents and Conduct one (1) Pre-Bid Conference with prospective bidders. Assist the city in answering questions, prepare Addendums, assist City in bid analysis and recommendations. $ 4,000.00 TOTAL ITEM 6 LUMP SUM $ 4,000.00 . ITEM 7: Construction Phase Services: 0 Based on seven (7) month construction schedule, conduct the pre-construction meeting. Attend bi-monthly progress meetings, miscellaneous on-site review meetings, coordinate office administration (shop drawings, change orders, proposed requests/RFI's, review monthly pay applications, etc.), conduct substantial and final completion inspections and certification (due to a decrease in project size, a deduction of this phase is justified). ($ 8,000.00) TOTAL ITEM 7 LUM SUM ( 8,000.00) . ITEM 8: Post Construction Services: 0 Provide record CADD drawings (electronic file) based upon contractor's marked-up changes, and based one (1) year warranty walk-thru. $ 4,670.00 TOTAL ITEM 8 LUMP SUM $ 4,670,00 . ITEM 9: Additional Services: (a) Low voltage systems (telephone, data, security, etc.) (b) Communications systems selection, specifications or design. (c) Interior designs or enhancements and furnishing selection. (d) Off-site design beyond the project boundaries/property lines. (e) Emergency signal design. (f) Traffic study. (g) Permit fees. (h) Extension of Items 1-8 beyond that described herein. (i) Management of sub-consultants associated with additional services. (j) Revisions to previously approved work. TASK III - TOTAL ADDITIONAL SERVICES ITEMS 1-9 $77,310.00 D. Schedule: CH2M HILL shall commence additional services immediately upon authorization and complete Task Services requested by the CITY within a period of 12 weeks for programming design and construction documents from receipt of "Notice to Proceed," not inclusive of any review periods required by City Staff. Bidding/pricing anticipated to be four (4) week period and construction is estimated at eight (8) months. E. Compensation for Services: The total amount to be paid to CH2M HILL by the CITY under this work authorization for services (not including additionaJservices) shall not exceed the amount of Two Hundred Thirty Two Thousand and Eight Hundred Seventy Five Dollars ($2J2.,137S.GQ). The current :)~, /lD .,)~L.- __M_'__"_~_.. "~"""""",--...~=-",~.--~,"""""""--~-~""->-"-- ,. contract of $296,059.00 to be amended brings the total contractual services to $528,199.00. The CH2M HILL company will invoice the CITY on a monthly basis as required for payment. APPROV AL OF SCOPE & FEES CITY OF BOYTON BEACH FLORIDA CH2M HILL Date: Title: Date: APPROVED AS TO FORM: CI1Y ATTORNEY Fire Station Design Process: Fire Rescue Staff Actions and Perspective By Deputy Chief David Liu BackQround In March and April of 2001, we put together a large and diverse group of Fire Rescue personnel who had an interest in helping to design our new fire stations. We toured several of the newer stations in the area to get ideas, networked amongst ourselves and with other Fire Rescue Departments, and ended up with a definitive "Station Design Team Wants and Needs" document. This document was used later during the Architect RFQ and subsequent design process. The Fire Assessment was passed amidst much controversy in September of 2001. The next step was land acquisition. We focused on properties located east of both railroad tracks, and the priority was getting our fourth fire station up and running first. This process took much longer than expected. Lack of available parcels with both logical location and adequate size in the Federal Highway corridor, coupled with escalating land costs were issues that had to be addressed. It took until late 2002 to identify suitable sites for Fire Station 4 and Fire Station 2. Legal issues with both sites (condemnation process @ the Station 4 site, title/land use issues @ the Station 2 site) further delayed the process. The Station 2 site issues were cleared up in mid 2003, the Station 4 site was not in the City of Boynton Beach's possession until January of 2004, During this same time frame (January through June 2002), we worked with Engineering and Procurement on the Architect RFQ Process. Eleven firms entered this competitive process, and CH2Mhill was chosen to design all three new fire stations. Station Desi~n Process Because of the land acquisition issues, we did not have our first design "kickoff' meeting until the summer of 2003. Five members of our original Fire RescueDesign Team began working in earnest with CH2MHiII. We focused on Fire Station 2 (Woolbright site) initially, because the Station 4 site (South Federal) was not finalized yet, as noted above. The Woolbright site, although irregular in shape, was just large enough to accommodate a four bay fire station with Battalion Chief Quarters, a Fire Rescue Administrative Complex, and a Multipurpose/EOC room. We met numerous times; inviting various other city Departments (ITS, Facilities Management, Engineering, etc.) to attend. About half way through the Station 2 design, we had enough confidence that the South Federal parcel would become a reality to begin designing Station 4 as well. This 8,300 sf three bay "Key West" motif station is now in the construction phase. While this was going on, regular land acquisition meetings with CM Bressner continued - the focus was now the search for a suitable NE fire station site. Fire Rescue staff and The Urban Group expended much time and effort in attempting to get a site on or around the SeacrestlGateway intersection, or on Federal Highway close to Gateway. From a pure response perspective, these areas are ideal. Due to lack of available land and to political pressures, no· suitable sites were identified at these locations. At a meeting on 7/16/03, CM Bressner and Fire Rescue staff decided that we would move forward with pursuing the High Ridge Road/Quantum site just west of 1-95 @ Gateway. The advantage to Quantum is it's size and that it is available and empty - good for future expansion and/or land banking. - -~-.~--~-,,,~~.~~,--_..~..--~-<---. -- -~, .'~""~-"" --.,.... ~þ<..,_~=_~_~....._____c-'"',_--.-.....~, > _. _ In the meantime, we completed the design of the larger fire station complex at Woolbright. Moving forward with the process, it went through P&Z, TRC, and we were ready to go to bid in the fall/winter of 2003. A new City Commission was elected in November and new ideas came with it. It was decided to investigate placing the large fire station complex on the NE Quantum site; the Woolbright station bid process was put on hold. The feeling was that Quantum's size and regular shape would allow for a larger and better Fire Rescue Headquarters, Emergency Operations Center, and 5-Bay Station (AKA "The Big One"), as well for future PD and ITS/Communications Facilities. CH2Mhill was contacted and asked to do some preliminary designs for this Public Safety Complex - these drawings are now completed. Moving the fire administrative complex to the Quantum site dictated a re-design of the Woolbright site as well. I asked CH2Mhill to utilize the basic design of Fire Station 4, but to add a fourth bay, and give it a "Mediterranean" motif. Apparatus bay space is vital to BBFRD for two reasons: storage of reserve apparatus (we currently park multiple reserve fire apparatus outside) and the ability to add active fire rescue companies in the future. The fire stations we design and build now must allow for population and call volume increases in coming years. The preliminary drawings for this station (AKA "The 4 by 4") are completed as well. We await the City of Boynton Beach Commission's decision on which way we are going with regard to the Woolbright site and the Quantum site. Once the decision is made on where the fire rescue administrative complex is going and where the regular station is going - the design/build process can begin again in earnest. There are, of course, financial and political factors that play into this decision that are outside the scope of this document. Thank You and So LonQ I want to thank David Stump for all his hard work on these various projects. In the wake of Bill De Beck's resignation, we initially had no Engineering Project Manager for the fire stations when we started the design process. I was very happy to see David come on board, and he has proven to be someone who doesn't shy away from hard work. Department Memorandum 04-0025 To: Kurt Bressner From: Deputy Chief]. N~ f Jeff Livergood PW Dire tor ð h Date: July 6, 2004 Re: Fire station design history Recognizing the continued trend of rising emergency response times, the Fire Rescue administrative staff has endeavored to reduce those times through several methods; specifically increasing the number of fully staffed emergency response vehicles and the strategic relocating of fire stations to balance fire response zones with a fire station in each ofthe city's four quadrants. Our rise in response time is directly attributed to the dramatic growth ofthe city, and the corresponding increase in calls for service and associated traffic congestion. The last significant expansion of fire service occurred in 1991 when fire station three was placed into service. While the expansion of our Fire Rescue Department has been a priority for administration, funding for such an expansion program had always been difficult. It wasn't until late 2000 when City Commission dedicated a revenue source through the use of a special fire assessment program. During the due diligence phase of exploring the fire assessment process, fire staff focused on a goal of reducing average fire response times from the then current average of 6+ minutes to a more acceptable 4 minute response time. It was detennined that the reduction of our emergency response times would require four specific elements to be addressed; increasing shift personnel to provide for the staffing of two additional fire response apparatus, the addition of a fourth fire station to house these new emergency response personnel and fire apparatus, the strategic relocating and construction of fire stations in order to balance response zones, and finally, a traffic light preemption program to help emergency apparatus navigate through congested city intersections. Once the City Commission approved the Special Fire Assessment in the fall of2001, the Urban Group was contracted to locate suitable properties for the construction ofthe fire stations scheduled for placement in the NE and SE quadrants ofthe city. At that point in time it was believed that the current fire station No.2, located in the SW-quadrant of the city, could be remodeled to accommodate an expansion necessary to rehab the building to meet the needs of a dual gender staff, ADA requirements and an increased office and living spaces in that station. There were a limited number of suitable parcels of land available that met the specific requirements needed to accommodate a fire station. Parcels were evaluated based upon size, shape (to accommodate fire apparatus entering and leaving the station) access to major city thoroughfares, location within the specific . ~'-'-'-_._,-~~-...--_.__._-- '._- ·-~-~~'--'-_-"'-""________"'____'-"_.~__~_L'~' '~'_ · city quadrant requiring a fire station, proximity to residential areas, at least one station being located east of the FEC train tracks, etc. It soon became apparent that locating suitable property was not going to be an easy task. During this period of land acquisition it was brought to staff's attention that the City Of Boynton Beach owned a 3+ acre parcel of land on Woolbright road just west of Congress. This parcel was located approximately ~ miles north of the current fire station No.2 site. Given the extreme limitations the parcel size of the existing fire station No.2 and the fact that the current station was situated within feet of a number of residential homes, it was felt that the Woolbright location would be an ideal relocation site for the SW quadrant station. Since the City Of Boynton Beach had already owned the property it further reinforced that decision. It was also determined that the original plan to relocate Fire Administration to one of the new stations would work well with a station on this site, a move that was becoming obviously more difficult as we discovered limited vacant land that would accommodate both a fire station and a Fire Headquarters facility. Once the land was approved for a fire station, design plans were begun. The Woolbright site was further reinforced as the ideal location for the new Fire Headquarters when the land parcel for the SE quadrant was purchased, that parcel was only large enough to accommodate a small 3 bay station. CH2Mhill was originally asked to design a fire station that would include 3 apparatus bays, 7500 sq. feet ofliving quarters, 7500 sq. feet of administrative space and a 2000 sq. ft. fire training room that would also serve as the city's emergency operations center (EOC). That original design totaled approximately 17,000 sq. feet. That original design provided limited office space that left no opportunities for any future expansion, the limit of 3 apparatus bays also left no room for potential expansion of emergency response personnel and equipment. Recognizing the rapid growth the city was now experiencing, it was determined to increase that original design by 6340 sq. ft. That additional square footage would allow for an additional apparatus bay as well as an increase in administrative staff space. That new design totaled 23,340 sq. ft. During this period of time, staff and the Urban Group continued to seek an appropriate site for the NE fire station. Plans were finalized for the SE station and it appeared that both the station 2 relocation and fire station No.4 (SE) would begin construction about the same time. During this final design process of both the SE and SW stations, a 9+ acre parcel ofland became known to the city on the corner of Gateway and High Ridge road. This parcel of land was recognized as an ideal location for a NE station because of convenient access to the northeast via Gateway Blvd. As a bonus, that site provided sufficient land to build a station that could be designed to accommodate future response needs of the rapidly . expanding Congress Ave commercial corridor, i.e. Motorola site, as well-as future western annexation. The size of the parcel would allow for a 5 bay station to be built, something necessary to allow for the future addition of an additional fire company, as well as a facility to house reserve fire apparatus. This unique parcel of land would also allow for the future development of a consolidated public safety complex. That parcel of land was purchased several months ago. Taking advantage of our ability to relocate our fire administrative headquarters to the Gateway Blvd. site allows us to scale back on the station 2 facility planned for the Woolbright Road site. This scaling back of the station 2 facility will allow for a single story building that is more desirable to the local residents as well as freeing up of additional green space on the station site. The station design already under construction for the SE quadrant (station No.4) can be modified to include an additional bay and the design can be adapted to the Woolbright site, therefore saving design expense. That station design will complement the station 2 relocation needs and provide a more esthetically pleasing building in that residential location. Given the desire to scale back the physical size of station No.2, the city must once again determine an appropriate location for fire administration. It became apparent that the logical choice for fire department support functions is the suggested public safety complex at High Ridge Road. Therefore it is staff's recommendation that fire station No. 5, serving the NE quadrant should also serve as the fire administration headquarters. We believe that our architect will be able to make the necessary design modifications to the station 2 design that had incorporated fire administration. That fire administration station on Woolbright had been designed as a 23,340 sq. ft fire station with 4 bays. The new design on High Ridge Road will incorporate a two story structure that will house both a 5 bay fire station as well as an adequate fire administration facility and fire training room that will be hardened for use as a emergency operation center/command post during disasters such as a hurricane. This 30,000 sq ft. facility will become the anchor for the future development of a public safety complex that may include our public safety dispatch center, ITS department, as well as a new police headquarters, all centrally located on one common campus. Ifwe were starting from scratch one could easily imagine the design costs to approach $600,000 for station 5. Because much of this station is already designed, we are hopeful the design costs will exceed no more than $300,000. By working with one architect on the design of station 2, station 4, and now station 5 we are able to realize cost savings due to economy of scale and common design elements. The development of these stations and their designs has been a rather dynamic process, driven by the availability ofJand, the future needs of the fire rescue department, and the recent evolution of development throughout our city. Weare pleased that all of these parameters have come together at one time so that we can plan for both the current and future fire service needs within our city. C: Chief Bingham -- ~.~. ._'--'""''-'_.-<-......,~...,..~~-,..-'.~,.,''-,....,..........~._',..... VI.-CONSENT AGENDA ITEM c.g CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI Requested city Coromission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office Meetin2 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 April 5,2004 (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) ~ July 20, 2004 July 5, 2004 (Noon) 0 C> o::i .Ç ~-< 0 Administrative 0 Legal c.- -<0 c:: n-vt NATURE OF 0 Announcement 0 New Business r- r-cP AGENDA ITEM , ,... <:::> 0 City Manager's Report 0 Presentation ~ ~-< :..">:. -;e. ~ Consent Agenda 0 Public Hearing :P' (j; ..-\ C) ::J: o::Z: 0 Code compliance/LegaI Settlements 0 Unfinished Business - ""'OJ - ., :;!~ c..> o;þ N me"'> RECOMMENDATION: Approve signature ofan agreement with the Florida Department of Environmental ::t: Protection, Office of Greenways and Trails, along with South Florida Water Management District, to formally designate Palmetto Green Linear Park as part of the Florida Greenways and Trails System. EXPLANATION: In 2003, the Recreation and Parks Department applied for greenway status for the Palmetto Green Linear Park and this is the last stage in getting the designation. Getting greenway designation helps the City receive MPO funding for the extension of Palmetto Green Linear Park. PROGRAM IMP ACT: This designation shaD be in effect for twenty years from date of signature by both SFWMD and the City. By signing this agreement, the City of Boynton Beach agrees to maintain the greenway and notify the DEP of any changes in the ownership, management, size or elements of the park. Also the City agrees to erect signs provided by DEP indicating that the property is part of the Florida Greenways and Trails system and submit when due biannual Resource Certifications, which will state that natural, recreational, cultural or historical resources identified on the designated lands are being maintain in accordance with the agreement. FISCAL IMPACT: Signing the agreement will preserve MPO funding for the Palmetto Green expansion project. AL TERNA TIVES: Not signing the agreement wiD possibly cause the City to lose MPO funding for the construction of the extension to Palmetto Green Linear Park. M}y~~ ~ I' Department Head's Si , tu~·ø;.; .,.. fA'A~f Deparbnent Name City Attorney I Finance I Hwnan Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING AN 5 AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND FLORIDA DEPARTMENT OF 7 ENVIRONMET AL PROTECTION AND SOUTH FLORIDA 8 WATER MANAGEMENT DISTRICT (SFWMD) FOR THE 9 DESIGNA nON OF PALMETTO GREEN LINEAR PARK 10 AS PART OF THE FLORIDA GREENWAYS AND TRAILS II SYSTEM; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Recreation and Parks Department applied for greenway status for 14 e Palmetto Green Linear Park in 2003, and; 15 WHEREAS, the greenway designation will preserve MPO funding for the Palmetto 16 reen expansion project, and; 17 WHEREAS, this designation will be in effect for twenty years from the date of i 18 ignature by both the City and South Florida Water Management District. i 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 22 eing true and correct and are hereby made a specific part of this Resolution upon adoption 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 ereby authorize and approve the Agreement between the City of Boynton Beach, Florida 26 epartment of Environmental Protection and South Florida Water Management District., said 27 greement is attached hereto as Exhibit "A". 28 Section 3. The City Manager and City Clerk are authorized and directed to 29 xecute said Agreement. - -<.._----~_.~.,~_.~_.,.- --'-.-. _ ,~_,~._......~__.....'__,c~~,__e____'-""'-"~ . 1 Section 4. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this day of July, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor ] ] 12 13 Commissioner 14 15 16 Commissioner ]7 18 19 Commissioner 20 21 22 ity Clerk 23 24 Corporate Seal) 25 26 27 ':. '~~-:'.,¡rrnN-.:,; , _ '. '!~: : ,:.:< (', ~l/\I!__'~~:n"n:.'·' GREENWAY\ TR A II ~ ""'-------^--...---^'.........-----~-"'~~~~ "'1 t1 W ~__...........~_.r__r_~-...K_...._' 3900 Commonwealth Blvd., MS#795, Tallahassee, FL 32399-3000 (850) 245-2052/ (850) 245-2083 Fax May 17,2004 Barbara Meecham Grants Specialist 100 E. Boynton Beach Blvd., PO Box 320 Boynton Beach, Florida 33425-0310 RE: Palmetto Green Linear Park Designation Dear Ms. Meecham: Enclosed are 3 originals ofthe Palmetto Green Linear Park Designation (OGT -DA0007). Please obtain the appropriate signatures on each agreement, and mail all 3 originals back to me. Once fully executed, I will send you back two originals, one for the City of Boynton Beach, and one for the South Florida Water Management District. If you have any questions, please feel free to contact me at (850) 245-2052. Sincerely, ~~ Heather Pence Office of Greenways and Trails /hp ,~, ------ ,_.~-,~--~-~~~=--- ~..'>,~',~ . ..~,~. ,_',,_,=~,,___"'_""~~,----"""'<~"""---'_____'''''~ > ¿,.,_, -r_'- '-~~._,<~ Designation Number FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA GREENW A YS AND TRAILS PROGRAM "',,~(:":' ~,I~ ~~:; ;:;, "t.:~f-/l' ;;:1 ~ ~;q'_::',:~~:~~~f·~:,á~.'::; tf::::1:~.......:~f~)V<· :- ~_-', ;_-~,~-','~_L~5.0_,_:f',j~;;~~'::,t~'~~q~;~:;f:r:i~~· ~ ~ ~' : :.: ":'''~ :..~:~;~~ This Designation Agreement, entered into on this day of , 2004, by and between the Florida Department of Environmental Protection, (hereinafter referred to as "Department"), and South Florida Water Management District (hereinafter referred to as "Landowner"), and the City of Boynton Beach, Florida (hereinafter referred to as "Manager"), by and through the undersigned, formally designates the public lands in Exhibit A (herein after referred to as "designated lands"), as part of the Florida Greenways and Trails System. Exhibit A is incorporated by reference herein. WITNESSETH: WHEREAS, the Department is given authority in Section 260.016, Florida Statutes, to develop and implement a voluntary process for designation oflands or waterways as a part of the statewide system of greenways and trails, NOW 11IEREFORE, in consideration of the mutual benefits to be derived herefrom, the Department, Landowner and Manager do hereby agree to the following. I. The Manager: a. shall be responsible for the management, operation and maintenance of the designated lands, in accordance with the Trail Use Plan (Exhibit B), Exhibit B is incorporated by reference herein. b. shall be responsible for notifying the Department of any change in the following: property ownership (if known) or management; the condition or extent of natural, recreational, cultural or historic resources described in the Designation application or its attachments; or the expansion or improvement of the project or its amenities and facilities; c. shall submit a biannual Resource Certification (Exhibit C), which states that the natural, recreational, cultural or historical resources identified on the designated lands are being maintained, Exhibit C is incorporated by reference herein; d. shall erect Designation signs, provided by the Department, indicating the designated lands are designated as part of the Florida Greenways and Trails system; e. shall submit any additional Designation signs to the Department for approval of the fonn and content. I 2. The Department: -~l a. shall provide signs indicating the property is designated as part of the Florida Greenways and Trails System; b. shall provide technical and financial assistance, if available, or identify other sources of funding available for management and restoration needs; c. shall send advance notice of when the biannual Resource Certifications are due; d. agrees that this Designation Agreement shall have no effect upon the disposition of improvements made to the public lands by the owner, the Department, or others, whether existing at the time of designation or to be constructed or erected later, unless otherwise agreed herein. I i 3. The Landowner, Manager, and Department agree to the following: a. All parties agree that sufficient information exists and/or field verification has occurred to assure that the characteristics of the public lands meet the criteria contained in s. 62S-1.400(1), F.A.C. b. that the Designation Agreement will be subordinate to the interests stated in any existing leases, subleases, management plans, licenses, easements or other agreements or encumbrances previously executed and currently in effect for any portion of the public lands proposed for designation. 4. Term, Modification and Termination of this Designation Agreement: a. The term of the designation shall be 20 years. b. The Designation Agreement can be modified to encompass additional adjacent public lands owned by I I the Landowner. Any modifications to the Designation Agreement shall be made by an amendment, I I signed by all parties, and attached to this Designation Agreement. c. The Department may withdraw rrom this Designation Agreement at anytime or remove the said designated lands rrom the Florida Greenways and Trails System by action of the Secretary if: (I) the component fails to accomplish or becomes unsuitable for the purposes for which it was designated; (2) there is no longer an ability to manage the designated lands as intended in this Designation Agreement and no replacement manager can be identified. d. In the event that the ownership of the designated lands changes, this Designation Agreement will be null and void. I I The Landowner has the statutory right to remove the public lands from designation at any time by I e. i providing the Department with a written request that references the Designation Agreement. I I I 2 - ¿---_._-_.~-,-~~.~-,~-,--, --- ,--- --'~-~,..--.- - ~ - '--_.-,.--,~','-,-~','.'~ ~ ",.._ n_,~~_,.'_ · 5. This Designation Agreement represents the entire agreement of the parties. Any alterations, variations, changes, or modifications of this agreement shall only be valid when they have been reduced to writing, duly signed by each party hereto and attached to the original of this agreement. 6. This Designation Agreement is executed by a duly authorized representative of each party and is effective as of the last date it is signed. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By. Witness Signature print/Type Witness Name Print/Type Name Title. Witness Print/Type Witness Name "DEPARTMENT" SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: (SEAL) Witness Signature Print/Type Witness Name Print/Type Name Title. Witness "LANDOWNER· Print/Type Witness Name CITY OF BOYNTON BEACH, FLORIDA By. Witness Signature Print/Type witness Name Print/Type Name Title: Witness Print/Type Witness Name "MANAGER" 3 D' Exhibit A - eSlgnation N umber MilesD . eSlgnated: .38 Palmett G o reen L' Boynton B ' mear Park Palm B each, Florida each County I I I ! ¡ I Subject Area ; o. , ~ '~-",--- _.=,-,<.~ Exhibit B Palmetto Green Linear Park Use Plan Boynton Beach, Florida Palmetto Green is a marked 1/3-mile greenway on the southern boundary of the publicly owned South Florida Water Management District (SFWMD) C-16 Canal. The City provided Palmetto Green for route for pedestrians and bicycles. The intensity of use for the path is light. There is also a pier midway down the path, that allows for observation and fishing. The City provides a chain link fence with a gate at each property, to separate the trail from all adjacent properties and minimize potential conflicts with adjacent property owners The Boynton Beach Police Department responds to emergencies in the City's parks and handles a wide variety of vehicular, and pedestrian. For incidents along the greenway trail, other agencies that might respond to emergencies are fire rescue, SFWMD and the State's Fish and Wildlife Department. The greenway has been existence for approximately twenty years, and in that time has had no problems or complaints from adjacent property owners regarding crime. There are gates at both ends of the trail, which are wide enough to allow trucks to enter. The City normally closes the gates when it is dark, and reopens them in the morning. The City's Recreation and Parks Department handles all park signage for the City, including those in the greenways. ( Exhibit C GREEN\v:WrAS ::T[~ß ___ .,.......(~_.._u. PUBLIC LANDS OR WATERWAYS DESIGNATION RESOURCE CERTIFICATION By signing this document, the Manager does hereby certify that the natural, recreational, cultural or historic resources identified on the public lands or waterways designated as part of the Florida Greenways and Trails System in Designation Agreement Number , are being maintained in a manner consistent with the terms of the agreement. Manager Date . ,-.---',' - ..' ~.--_... VI.-CONSENT AGENDA ITEM C.1O. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City COO1IIlission Date Final Form Must be Turned Ì!! Meetin2Dates in to City Clerlc's Office MeetÎI12 Dates 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 April 5, 2004 (Noon) o June 15, 2004 May 31,2004 (Noon) C"> Q n:::¡ o May 4, 2004 April 19, 2004 (Noon) o July 6,2004 June 14,2004 (Noon) z... =i-< c:: --<0 o May 18,2004 ~ July 20, 2004 r- ~.." May 3, 2004 (Noon) July 5, 2004 (Noon) - -ro W '-"0 ::0-< .." .~:z: C/)~ 0 Administrative 0 Legal :z; C> N Oz -., NATURE OF 0 Announcement 0 New Business .. .."m .c- - ,." AGENDA ITEM 0 0 N "> City Manager's Report Presentation fTlC"> ::t: ~ Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDATION: REVISED 07/13/04 Motion to approve and authorize the execution of a Resolution for Task Order No. U04-16-02 for $ 290,781.00 to PBS&J to provide professional engineering services for the S.E. Federal Highway Corridor Water Main Replacement and Stormwater Improvements Project. EXPLANATION: The S.E. Federal Highway Corridor Project area includes the following and is also depicted in Exhibit 1, attached: Eastern Area (east of US 1): · S.E. 7th Avenue (including Kepner Drive) on the north, · US 1 on the west, · Intracoastal Waterway on the east and · Riviera Drive on the south; Western Area (west of US 1): · S.E. 4th Street from S.E. 6th A venue on the north, · S.E. 12th Avenue on the south, · S.E. 12th A venue westward, crossing under the Florida East Coast Railroad and intersecting with S.E. 1st Street. S:\BULLE11N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Revised 07/13/04 Proposed work to be accomplished can generaUy be described as water main replacement, stormwater management, sanitary sewer line and manhole repairs/replacement, roadway resuñacing and site improvements. The project area, representing approximately 9,000 feet of neighborhood roadway has suffered from a combination of various water service and chronic stormwater/drainage problems, a result of aging utilities infrastructure and maturing neighborhoods. The Utilities Department and PBS&J have developed a detailed scope of services that outlines sub-tasks required for this project. Discussions and negotiations were conducted to arrive at the level of effort and staffing mix to deliver a quality and cost effective task order. PBS&J has successfuUy completed engineering projects for the City in the past. PROGRAM IMPACT: The task order for PBS&J consists of six (6) sub-tasks to accomplish the necessary improvements to this neighborhood, they are: · Task 1 - Prepare Route Survey · Task 2 - Design - Professional design engineering to develop scope of work · Task 3 - Permitting - Assist City with Palm Beach County Health Department permits · Task 4 - Phase Services - Prepare bid documents package, assist in recommendation for award of bid · Task 5 - Services During Construction - Review ship drawings, pay applications, conduct construction meetings · Task 6 - Resident Observation - Construction observation, preparation of observation reports, monitoring for compliance with contract documents FISCAL IMPACT: Funds are available as foUows: PROJECT NUMBER ACCOUNT NUMBER APPROX. 0/0 AMOUNT WTR124 401-5000-590-96.02 55% $ 159,929.55 STM030 401-5000-590-96.09 30% $ 87,234.30 SWRI00 401-5000-590-96.04 15% $ 43,617.15 TOTAL AMOUNT OF TASK ORDER $ 290,781.00 The compensation for this task order is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services, Commission approved November 18, 2003 between the City of Boynton Beach and PBS&J. S:\BULLETIN\FORMS\AOENDA ITEM REQUEST FORM.DOC __.,_'~._ ,_'.....e""'...__..'0, _ ......~.,.__A~_, _""__''''~'^''''_''~_'~--'',_~'_,'__-''_ ~_ _ __. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Revised 07/13/04 ALTERNATIVES: There are two options: 1. Continue to plan and design, permit and construct this project to correct the chronic problems with the utilities products and services in this neighborhood, or 2. Continue to react to customer and community complaints. After careful consideration and discussion, the Utilities Department recommends option one (1) and approval and authorization from the Commission to execute Task Order No. U04-16-02. --1(~ ~,.¡ ) o 7/1 3/D4 ~ Ne esio M. Gomez . Kurt Bressner, Interim Utilities Director City Manager Utilities Department Department Name City Attorney I Finance I Human Resources Attachments: Three (3) Original Task Orders for Execution Exhibit 1 bc: Nemesio Gomez Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Utilities FilelWRLT Procurement Services S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. U04-16- 6 02, BETWEEN THE CITY OF BOYNTON BEACH AND 7 POST, BUCKLEY, SCHUH AND JERRIGAN (PBS&J) 8 IN THE AMOUNT OF $290,781.00 FOR 9 PROFESSIONAL ENGINEERING SERVICES FOR THE 10 S.£. FEDERAL HIGHWAY CORRIDOR WATER MAIN 11 REPLACEMENT AND STORMWATER 12 IMPROVEMETNS PROJECT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the proposed work to be accomplished can be described as water 16 am replacement, Stonnwater management, sanitary sewer 1ine and manhole 17 epair/replacement, roadway resurfacing and site improvements; and 18 \VHEREAS, the project area, representing approximately 9,000 feet of ¡ 19 eighborhood roadway has suffered from a combination of various water service and I 20 hronic Stonnwater/drainage problems, a result of aging utilities infrastructure and 21 aturing neighborhoods; and 22 WHEREAS, PBS&J had been retained to design the necessary adjustments and 23 eplacements and we will require their services to monitor the construction, review 24 hange order and pay requests, certifY the finished product to the regulatory agencies, and 25 repare record drawings; and 26 WHEREAS, the Utilities Department and PBS&J have developed a detailed 27 cope of services that outlines sub-tasks required for this project; 28 WHEREAS, the City Commission upon recommendation from staff, deems it 29 ppropriate and in the best interest of the residents and citizens of the City to approve 30 ask Order No. U04-16-02 in the amount of $290,781 to PBS&J for professional :\CA\RESO\Agreements\Task - Change Orders\PBS&J Task Order U04-16-02.doc --- .--,-_._. -'-'..~ _._'_.'~> 1 ngineering Services for the S.E. Federal Highway Corridor Water Main Replacement 2 nd Stonnwater Improvements Project. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl\'IMISSION 4 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The City Commission of the City of Boynton Beach, Florida does 6 ereby authorize and direct the City Manager to execute Task Order No. U04-16-02 in the 7 ount of $290,781 to PBS&J for professional Engineering Services for the S.E. Federal 8 ighway Corridor Water Main Replacement and Stonnwater Improvements Project 9 Section 2. This Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of July, 2004. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 ity Clerk 26 27 Commissioner 28 Corporate Seal) 29 30 :\CA\RESO\Agreements\Task - Change Orders\PBS&J Task Order U04-16-{)2.doc - - TASK ORDER NO.2 (City No. U04-16-2) SOUTHEAST FEDERAL HIGHWAY CORRIDOR FINAL DESIGN, PERMITTING, AND SERVICES DURING CONSTRUCTION FOR W ATERMAIN REPLACEMENT, STORMW A TER MANAGEMENT AND ROADWAY IMPROVEMENTS A. Background PBS&J (CONSULT ANT) has been requested by the City of Boynton Beach to provide professional engineering services relating to neighborhood improvements for the area along the southeastern corridor of Federal Highway (US 1). The work consists of various combinations of water, sewer, roadway and drainage improvements for the foHowing general areas: Eastern Area (Lying east of US 1): from SE 7th A venue (Kepner Drive) to the North to US 1 to the West and the Intracoastal Waterway to the East and Riviera Drive to the South, And, Western Area (Lying west of US 1): Along SE 4th Street from SE 6th Avenue to the North to SE 12th Avenue to the South, then West along SE lih Avenue crossing under the Florida East Coast Railroad and intersecting with SE 1 st Street. Both Eastern and Western areas are depicted in Exhibit A, attached. Specific tasks have been assigned by the City to streets in each of the areas as further described in this task order. Proposed work to be accomplished can generaHy be described as water main replacement, drainage improvements, sewer line and manhole repairs/replacement (case by case) and roadway resurfacing and improvements. B. Scope of Services Task 1. Survey Phase 1 Survey (Lump Sum): CONSULT ANT wiU prepare a route survey for approximately 9,000 feet of neighborhood roadways within the project area. The foHowing list represents the roads and corresponding approximate lengths that will be surveyed: A. Riviera Lane (including water loop) (1450 ft) B. CastiUa Lane (950 ft) C. Isle Road (1385 ft) D. BrookdaJe Drive (760 ft) E. Greenbriar Drive (840 ft) - -.------- ~_ ·,0_.'__'_ __A"_._"'" ~",~~_~",,,,,~~~,",..........~ .,"",_'.,'__n'. _'"'M...~~-........~".,..~~ ',~.....~,...~'I_> F. Kepner Drive (7th Avenue) (950 ft) G. S.E. 4th Street (1650 ft) H. S.E. 12th Avenue (950 ft) Existing utilities will be marked conventionally by utilizing the One-Call system. Utility locating and marking exceeding this level of effort shall be considered an additional servIce. The surveys for each project roadway will identify above ground features, including marked subsurface utilities, within the right-of-way and will extend 25 feet into private property to collect topographic elevations, conflicts, and encroachments. As part of this scope, the surveyor will collect existing topographic elevations along the center-line of pavement, at the edge of pavement, and at the edge of the right-of-way. Specific utilities to be identified wil1 include manholes (sanitary and stormwater), catch basins, valves, water meters, fire hydrants, underground power, gas, phone, and utility poles (to the extent subsurface utilities have been marked by One Call). Vegetation (trees and shrubs) located within the right-of-way wil1 be located (however irrigation system tubing/piping and appurtenances will not be located). Where ever possible, the surveyor will remove manhole covers and identify invert elevations for sanitary and stormwater utilities. Using copies of atlas sheets obtained from the City for water, sanitary, and stormwater, utilities will be indicated where ever present. In the event of a discrepancy between elevations shown on the CITY atlas and elevations obtained by CONSULTANT's surveyor in the field, CONSULTANT's surveyor elevations shall be used for design purposes. Right of way lines will be depicted on the survey and on the design plans based on field observations of property markers (where located) and by plat information. No other additional effort for location of the right of way has been included in this task. Additional effort to precisely locate the right of ways is considered an Additional Service. The locations of driveways and pavement within the right-of-way, as wen as the material of construction will also be identified and plotted on the base survey. Trees and encroachments (flag poles, lighting, fences, and walls) will be identified and located on the survey. Significant trees and large shrubs will be uniquely identified while less significant planting beds will be identified for dimension only. The CONSULTANT's surveyor will prepare survey on fun sized drawings at I-inch equals 20 feet (20:1) scale. CONSULTANT will review the survey prior to review by CITY and submit to the CITY in both paper and electronic format. Following the review and approval of the base survey, the CONSULTANT will submit the drawings to City as a deliverable to indicate completion of the lump sum Phase 1 survey portion of the project. Phase 2 Utility Locating and Surveying (Time and Materials): Services of precision locating existing utilities by vacuum excavation and subsequent surveying are considered an additional service and have not been included in this task order by request of the CITY. Easement Survey: Every effort wiJ] be made to utilize public right of ways for proposed project improvements. However, based on information from CITY, easements (permanent and temporary construction) will likely be needed during the course of this project for new or relocated utilities. Since the extent of this work effort is not known at this time (type of easement (permanent or temporary), size of the easement, type of utility (sewer, water, drainage), identification ofthe easement property, etc.), easement surveying and preparation, if needed, shan be provided on a time and materials basis. For the purposes of this proposal, an estimated fee of $3,822 has been allocated for easement surveying and document preparation, and may vary depending upon the number, type and extent of easements required. Additional fee, if needed, will require additional authorization, and fee not used will not be billed. The CITY shan be responsible for securing the easement and for payment of recording fees. CONSULT ANT will utilize the services of his own in-house surveyor. It is CONSULTANT's understanding that the CITY does not maintain a surveying standard. Therefore, the survey will be prepared using industry standards and PBS&J formatting guidelines. Task 1 Deliverables: 1. One (1) set fun ("D") size paper survey plots at 1" = 20' , including one copy of survey notes 2. One (1) electronic copy of survey plot file for Phase I 3. Easement survey and document preparation (time and materials up to fee allocated) Task 2 - Design The CONSULT ANT will provide professional design engineering services to the CITY for the replacement of existing water mains and installation of new storm water improvements, limited sanitary sewer improvements, and roadway improvements within the project area. The work for this task wiJ] be the preparation of Drawings and Specifications to be used for bidding and construction. The specific work to be provided by CONSULTANT will be performed in accordance with the foJIowing guidelines: 1. CONSULT ANT will use available utility plans and maps of the area for location of existing utilities to facilitate new utility and/or roadway construction. Using this data, PBS&J will prepare design plans at various stages and coordinate the proposed water main and storm water piping alignments with existing utility alignments to avoid conflictive routings to the extent possible with the data available. 2. Swale improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveways will likewise be re-graded and repaired as indicated on typical standard restoration details contained , '-"'~~-~---~'--'~-~- .' _ .-....'-"~~~.7O'-,~..="".... ..,._,..........._,~.~_'--..._~~o, _ in the drawings. Swales will be improved (on one or both sides of the road as required) to promote enhanced area drainage. 3. Surface details such as fences, sidewalks, curbs, vegetation, signs, poles, etc. will be noted to the extent that they may be materialJy affected by the construction of the swale, pipeline driveway, and sidewalk improvements. 4. Existing underground utilities will be shown on the drawings based on available information obtained from CITY, obtained in field by One CaU marking, and as verified by the field survey information discussed above. Utilities shown are only those located within the work area that will materially effect construction of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines, to the extent marked by One Call). Irrigation system tubing/piping and appurtenances are excluded from items to be located. 5. Drawings will be provided to the CITY at 30, 60, and 90 percent stages of design completion. The 30, 60 and 90 percent drawings will be provided in fuB-size fonnat. Drawings for permit review will also be full size format. For the purposes of this task order, and specificalJy for the purpose of locating potential subsurface utility conflicts, the 30 percent drawings will be defined as "preliminary drawings". 6. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and storm water inlets (if any). Streets, driveways, and sidewalks will be outlined on the Drawings. Drawings will be at a scale of I-inch equals 20 feet. Water main drawings will be prepared using a double panel format (profile for water main improvements will not be provided) while stormwater improvements will be prepared using a plan over profile format. 7. Upon completion of the 30% (preliminary) drawings, CONSULT ANT will supply the CITY four (4) sets of review documents. The CONSULTANT will attend a 30% design review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULT ANT with a marked set of the documents containing the CITY's consoJidated comments for use in preparation of the next stage of design deliverables. For the 30% deliverable, a table of contents listing of proposed specifications to be used on the project and a preliminary cost estimate will be provided. 8. Upon completion of the 60% drawings, CONSULTANT wilJ supply the CITY four (4) sets of review documents. The CONSULT ANT will attend a 60% design review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULT ANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverables. For the 60% deliverable, a draft set of specifications to be used on the project and a preJiminary cost estimate will be provided. Following the 60% design review meeting, but prior to submittal of the 90% plans, CONSULTANT will submit pennit applications to appropriate authorities having jurisdiction, as further described under ''Task 3 - Pennitting". 9. Upon completion of the 90% drawings, CONSULT ANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 90% design review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULT ANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverables. For the 90% deliverable, an updated set of draft specifications and an updated cost estimate will be provided. 10. Upon completion of the 100% documents, CONSULT ANT will supply the CITY three (3) sets of the final documents (plans and specifications). Additional copies, if needed, will be billed at cost as specified in the negotiated rate schedule. 11. Every effort will be made to utilize public right of ways for proposed project improvements. 12. The location and elevation of CITY established horizontal and vertical control (if any) wiH be Jisted on appropriate plan sheets. 13. CONSULTANT will attend two (2) Community Involvement Meetings (CIM) as directed by the CITY at approximately 30% and 60% project. For the purposes of this proposal, $2,010 has been aBocated for this task which includes 2 hours aHocated for a graphics specialist to prepare graphic materials for each meeting. Services provided for this task will be limited to the hours and costs aBocated for this task. Meeting planning responsibilities, including but not limited to meeting location arrangements, refreshments, preparation of other meeting materials, and preparation of copies has not been induded in this task and are recognized as Additional Services items. 14. CITY developed standard details applicable to the work will be incorporated into the Drawings. CONSULTANT may modify (as approved by CITY), the CITY standard details as necessary. 15. Specifications are to be prepared by the CONSULTANT for bidding purposes for water main, stonnwater, sanitary sewer, and roadway improvements and the Contract Documents are to be prepared by the CITY. These documents reflect the foBowing: . Contract Documents wiU use the CITY's existing "Front End" documents modified by the CITY and CONSULT ANT as appropriate for this project. Division 1 through 16 technical specifications wiH utiJize the CITY's master specifications modified by CONSULTANT as appropriate for the project. . Separate bid schedules wiH be provided for the water main and stonnwater improvements. - -~-'--~--_.._-----,-~...-.__.<~-,-_..~---- .,-'--->-'- ,..,~'...._----.......'~""""'='<-""""'-._..~-,.,...~-.--"..._.. ,~,'~. 16. The new water main wiH consist of 6-inch diameter and larger cement lined ductile iron pipe and fittings. The existing water mains wiH be abandoned in place. On all lines, ends wiH be cut and capped. For lines 6-inches and larger in diameter, the lines wiH also be filled with light-weight grout. Unless in conflict with proposed improvements, existing water lines will not be removed. 17. Installation of service connections (main to meter) will be included in the Contractor's scope of work. Approximate locations of service connections will be identified on the drawings to assist the Contractor in establishing an appropriate unit price for bidding and in obtaining the required permits. . 18. An opinion of probable construction cost will be prepared for the 30%, 60%, 90% and 1 ()()% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. 19. The project drawings have been estimated to consist of the following sheets: Estimated Sheet Count for Southeast Federal Highway Corridor Neighborhood Improvements Project City of Boynton Beach Sheet No. Drawine: No. Description 1 G-O Cover Sheet (Title & Vicinity Map) 2 G-l General Notes, Legend, Abbreviations, Thrust Restraint Schedule 3 G-2 General Notes, Legend, Abbreviations, Thrust-Restraint Schedule 4 G-3 Index Sheet 5 - 18 W-l to W-14 Water Main & Swale Improvements - Plan at 1"= 20' scale (Double Panel Format - Plan View Only) 19-32 S-I to S- 14 Stormwater & Swale Improvements - Plan at 1"=20' scale 33-35 C- I to C- 3 (Single Panel Format - plan over frofile) Roadway Improvements for SE 4 Street - Plan at I" = 20' scale 36-38 D-1 to D-3 Civil - Standard Details 39-41 D-4 to D-6 Water - Standard Details 42-44 D-7 to D-9 Drainage - Standard Details 45 P-1 Payment Schedule and summary of payment items 20. CONSULTANT wiH provide geotechnical services through a subconsultant for this project. The geotechnical investigation will determine the hydraulic conductivity in the area for the purpose of the design of the exfi)tration system (French drains) for the stormwater improvements. It wiH also provide information on the physical characteristics of the soil which will aid in the design of pipelines, as well as provide useful information to prospective bidders. Constant head percolation tests wiJJ be performed at locations throughout the site. The percolation tests wiJJ be conducted in accordance with the South Florida Water Management District (SFWMD) guidelines for a Usual Open Hole Test. Soils wiJJ be logged and visually c1assified based on their physical characteristics. Work effort for geotechnical testing wilJ be paid for on a time and materials basis. An estimated cost of $3,500 has been al10cated for this task. Task 2 Deliverables: 1. Attend 30%, 60%, and 90% drawing review meetings. 2. Provide drawings to CITY at 30% (4 sets with list of specifications and preliminary opinion of probable cost) 3. Provide drawings to CITY at 60% (4 sets with draft specifications and preliminary opinion of probable cost) 4. Provide drawings to CITY at 90% (2 sets with updated specifications, including "Front End" contract forms, draft bid documents, and preliminary opinion of probable cost) 5. Provide final drawings to CITY (3 sets with final specifications, "Front End" contract forms, bid documents and final cost estimate) 6. Attend 2 CI meetings and provide meeting graphics materials (time and materials up to fee al1ocated) 7. Provide one copy of the geotechnical report and boring logs. Task 3 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Department (PBCPHD) permits for the water line replacement by completing the permit forms for CITY approval/signature and providing drawings and specifications required by the application. Permit application forms, including drawings and specifications, for permitting through the PBCPHD will be submitted to the CITY following incorporation of the 60% design review comments into the plans and specifications (but prior to the 90% design review). The FDEP "Application for General Permit to Construct PWS System Components" application is required when new water mains are to be relocated (i.e. not in the same trench as the existing lines). Permit fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining South Florida Water Management District (SFWMD) permits for the construction of drainage improvements by completing the permit forms for CITY approvaVsignature and providing drawings and specifications required by the application. Permit application forms to the SFWMD, including drawings and specifications, will be submitted to the CITY following incorporation of the 60% design review comments into the plans and specifications (but prior to the 90% design review). A pre-permit conference with the SFWMD will be held to discuss the proposed drainage improvements contemplated by this project. Permit fees will be paid by the CITY. Two copies of the final permitting packages (plus the number of SFWMD required copies) will be submitted to the CITY following incorporation of the 60% design review comments. CONSULTANT will prepare two (2) responses to "request for additional information" made by regulatory agencies following submittal of the permit appJications. Additional ~-... - -.......~,_c.-,~~_...'._,~ .._¿-.....~~'-">-.,,' ----"-- ~~--, .,-",-->-,""-'- responses to agency requests for additional infonnation wiH be considered an Additional Services item. City right-of-way and Florida Department of Transportation (FDOT) work permits for work conducted within the rights-of-way of Federal Highway (US 1), Rivera Drive, CastiHa Lane, Isle Road, BrookdaJe Drive, Greenbriar Drive, Kepner Drive (7th A venue), S.E. 4th Street and S.E. 12th Avenue wiH be required from the City of Boynton Beach and the FDOT. The selected contractor wiU be required to apply for and acquire the necessary work permits. In addition, if any dewatering permits are necessary to conduct the work, their acquisition will also be the responsibility of the contractor. CONSULTANT, through the CITY, wiH provide the contractor with the necessary site figures and data to support the permitting effort. Permitting will be required for the subsurface crossing of the FE.C railway by a proposed 12-inch water main along S.E. 12th Avenue. This effort wiH involve preliminary pennitting meetings with railway officials, preparation of figures, sketches, and drawings detailing the crossing (using the jack and bore method), and completion of a railway utiJity pennit appJication. The additional effort for coHecting a higher level of survey detail in the area of the proposed crossing has been included under the survey task. Preparation of other permits for the above agencies (or for other regulatory agencies) beyond that specified above wiH be considered an Additional Services item. Examples of typical pennits not included in this scope of work include wetland dredge and filJ permits, Asbestos HandJinglDisposal notification permits (for handJing and disposal of A-C pipe), Archeological /Historical preservation pennits, endangered species pennits, tree removal permits, etc. Task 3 Deliverables 1. Prepare and submit PBCHD permit application packages for proposed water and incidental wastewater work and provide CITY with 2 copies of pennit application package. 2. Prepare and submit SFWMD permit application packages for proposed stonnwater work and provide CITY with 2 copies of pennit application package. 3. Prepare and submit Railroad crossing pennit application package and provide CITY with 2 copies of permit application package. 4. Provide data to contractor, via CITY, to support FDOT pennitting effort. 5. Respond twice to RFIs from Agencies. Task 4 - Bid Phase Services Bid phase services to be performed by the CONSULT ANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team", provided to CONSULT ANT by CITY and will indude the following: 1. Prepare Contract Document packages (i.e. drawings and specifications) for CITY advertisement and bidding purposes. Drawings to be half size (11 x 17 inch) format. 2. Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the contract documents will be borne by the bidders through purchase of the construction plan from CONSULT ANT. Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. 3. Provide document mailing and pre-bid services, such as maintaining plan holder's list, answering questions from potential bidders, and providing technical information to the CITY for Contract Document addenda and distribution to the plan holders; addenda will be issued by Procurement Services for the CITY. 4. Respond to questions from prospective bidders and suppliers and provide technical information to the CITY for addenda that will be issued by Procurement Services as appropriate. Technical information for up to three addenda is assumed in the budget for Bid Phase Services. 5. Prepare agenda and conduct a pre-bid meeting with interested contractors and CITY staff. Prepare and distribute meeting minutes. 6. Review bid packages received and recommend award. 7. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution. Task 4 Deliverables: 1. Prepare Contract Document Packages (drawings and contract documents). A total of three (3) copies of half size (11" x 17") drawings and contract documents will be provided to the CITY for bidding and advertisement purposes. 2. Distribute copies of drawings and contract documents to bidders (cost of document reproduction will be paid through bidders purchase of packages from CONSULTANT). 3. Maintain list of bidders and forward list to CITY weekly. 4. Provide document mailing and pre-bid services (see Item 3 for explanation). 5. Respond to questions from prospective bidders and suppliers and provide technical information to the CITY for addenda (for up to three (3) addenda) 6. Prepare agenda and conduct a pre-bid meeting. Prepare and distribute meeting minutes. .._~.~---~.. ---..,.....--"-,'.'.. ," -'-----~--.-...--..~.,..>......~--~~..~.'~+,~¿ ,.'''. ~~--.. ~~ 7. Review bid packages received and recommend award. 8. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution Task 5 - Services During Construction The specific SDC phase services to be provided by the CONSULT ANT include the following: l. Prepare and distribute agenda and conduct pre-construction conference with selected Contractor and CITY staff in accordance with CITY's "Standard Preconstruction Package". Prepare and issue written minutes of meeting. 2. Receive, log, and review shop drawing and product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 25 submittals (total, which includes submittals and re-submittals, if required) is included in the budget for SDC phase services. PBS&J wiJ] review and return submittals to the Construction Manager within 10 working days of receipt. 3. Attend monthly construction progress meetings (a total of 32 hours has been aHocated for attendance at monthly progress meetings) and provide a written summary of the issues discussed. Project meetings wiJ] be conducted by the Project Engineer with the Resident Observer also in attendance. FoHowing the meeting, the Project Engineer wiJ] prepare and distribute meeting minutes to the CITY and other attendees. Meetings wiJ] be held at the offices of the CITY Utility Department unless noted otherwise. Nine (9) monthly progress meetings are included in the budget for this task. 4. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. A consecutive nine (9) month (39 week) construction period is assumed in budgeting these tasks. 5. Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. A total of fifty (25) RFI responses have been included in this task. PBS&J wiJ] issue technical interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the contractor. These interpretations will be rendered and a response prepared and submitted to the contractor within one week. 6. Prepare and assist CITY in negotiation of Change Orders and Field Change Directives (FCD) during the 9 month construction period. For the purpose of this task order, it is assumed that up to 2 CO and 4 FCD will be prepared during the 9- month construction period. The amount allocated for this task is $5,007. Expenses have been estimated for this task at 5 percent and will be reimbursable. 7. Review work progress at key steps to allow certifications to the SFWMD and PBCPHD that work was completed in substantial conformance with the Contract Documents. Review to include verification that water services were properly pressure tested and bacteriologicaUy sampled to aUow a "request for release of facilities to be placed into service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate PBCPHD release for completed facilities. 8. In conjunction with CITY staff, make preJíminary and final inspections and assist in the preparation of a Contractor "punch Jist" to achieve Substantial Completion. Review completion of identified punch list items to assist in the determination that Substantial Completion has been achieved by the Contractor. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. Task 5 Deliverables: 1. Prepare and distribute agenda and conduct pre-construction conference, prepare and issue written minutes of meeting. 2. Review shop drawing and product submittals for up to 25 submittals. 3. Attend monthly construction progress meetings, provide a written summary of the issues discussed, prepare and distribute meeting minutes to the CITY and other attendees. 4. Review monthly payment applications, assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. 5. Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. 6. Prepare and assist CITY in negotiation of change orders and field change directives. 7. Review work progress, review test and sampJíng data, and assist the CITY in obtaining the appropriate PBCPHD release for completed facilities. 8. Prepare a Contractor "punch list", assist in the determination that Substantial Completion has been achieved, advise the CITY regarding final acceptance of the project. Task 6 - Resident Observation PBS&J will provide part-time construction observation services totaling 560 hours, ,~------.;, ~.' _''_ _ ~~.~~~",~""",.""-",~~____o,,.~·""""""~,__~~"·'__ _,', ,~. _ including preparation of observation reports. These manhours have been allocated on a time and materials basis as requested by the CITY for the resident observer. In addition to these hours, 38 hours have been allocated for matterS requiring the Senior Project Manager level attention, and 10 hours have been added for clerical support. Additional fee, if needed, will require additional authorization, and fee not used will not be billed. Expenses have been estimated at 5 percent of estimated fee and will be reimbursable. Areas of critical construction (railroad crossing) may require limited fun time inspection, at the direction of the CITY. As part of this task, the construction will be monitored for compliance with the Contract Documents. Additionally, the supervision of testing, as outlined in the Contract Documents, will be monitored and properly documented. The coordination of resolutions to design and construction issues will also be provided. Photos will be taken by CONSULT ANT at various times as construction proceeds. Costs for photos will be reimbursable. As required by some permitting agencies and the City of Boynton Beach, upon concurrence by the Construction Inspector, the Design Engineer will certify the construction as having been constructed per the Construction Documents or having been constructed per the Construction Documents with noted changes. Task 6 Deliverables: 1. One (1) copy of daily inspection report, forwarded monthly to CITY. 2. One (1) copy of construction photos, (either e-fonnat or paper format), forwarded monthly to CITY. 3. Two (2) copies of testing reports. 4. Two (2) copies of any other construction-related field documents (field correspondence, notes, sketches, etc.). C. Assumptions In addition to the work items discussed above, the fonowing assumptions were made in establishing the scope of the amendment and associated fee. Changes and/or modifications in the above work items for these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The scope and budget are based on a closed system with ex filtration basins and/or a swale-type system (i.e. no positive outfall at any location with one special exception located at Greenbriar Drive where a minor (12" or under) outfall will likely be required). 2. The CITY will provide CONSULT ANT an electronic version of "front end" contract documents in MICROSOFT "WORD" format (see attached Standard Procedures and Functions). 3. Acquisition and securing of any easements (construction or permanent) for the new piping and improvements wiH be the responsibiJity of the CITY. Additionally, legal costs, if required, relating to easement acquisition have not been included in the scope of services and are the responsibiJity of the CITY. 4. Deviations from the Final Design Drawings wiH be compiJed by the Contractor and electronica]]y incorporated onto the CONSULTANT's drawing files. Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will be provided to CONSULT ANT for submittal to PBCPHD. 6. CONSULTANT wiH attend up to two public meetings or hearings regarding the project. However, attendance at pubJic meetings or hearings associated with permits appJied for in support of the project has not been aJIocated in CONSULTANT's budget. 7. Part-time resident observation hours are based on 560 hours of actual observation (Monday through Friday), plus an allowance of 48 hours for other staff, for a task total of 608 manhours. Limited time has been aUocated for administrative work and senior engineering field inspection if needed, up to the 48 hours allocated. Additional resident observation services can be provided at an additional cost. 8. The CITY is responsible for an permitting fees, induding costs of public notification in local newspapers. 9. A single permit application covering the proposed construction work wiU be prepared for submittal to each regulatory agency that is specifically induded in the permitting scope of work. 10. Locating of horizontal alignment of existing utilities is induded in this scope of work but is limited only to utilities marked by One Call. No other specialized locating, uncovering, or marking of existing utilities is implied at any location, and no vertical component to existing utility location has been included in this task, unless in the case of gravity sewers, that can be visually seen and measured at each manhole due to the nature of gravity sewer construction. The subsurface utility locator (One Call) will mark and code each underground utility to be subsequently picked up by the CONSULTANT's surveyor. DtiJity locations wiIJ be developed based upon the best information available from the owning utility, information developed by the CITY, and CONSULTANT's field interpretation of assumed utility locations. The work effort for precision locating existing utilities using other specialized means, by vacuum excavation, and for establishing horizontal and vertical alignment of new uti]jties during design or during SDC has not been included in this task order, but is available as an Additional Service Item. 12. The Contract Documents will be prepared as a single contract (i .e. the water main replacement, stonnwater piping, and roadway work will not be prepared as separate ---~, ~ -~'~ -.. -.....~-~..'-,---~.' "'~'"",',-~ packages within the same set of Contract Documents). No pre-purchase of materials and/or equipment is presumed. 13. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 14. Costs for SDC phase geotechnical testing to verify Contractor's compliance with Contract Documents has not been included in this task order and is considered an Additional Services Item. 15. The design fee is based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item. 16. The CITY will provide PBS&J and electronic version of CITY high resolution aerial photos for use as a reference tool and background base map for plans. PBS&J acknowledges previous receipt of CITY standard water main and street detail drawings in AUTOCAD format, and these CITY standard details will be utilized in the final drawings. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and PBS&J. E. Additional Services The following are examples of some specific Additional Services items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions in Section C (upon which the design fee is based) is considered an Additional Services item. Examples include: l. Additional supervision or construction observation in excess of that specified in this Task Order. A total of 560 hours of resident inspection time has been alJocated for this task (plus 48 hours of additional staff time). If the period of construction is extended, delayed, or otherwise exceeds this aJlocation, additional time and expenses will be necessary. 2. Additional permitting assistance in excess of that identified in this Amendment. 3. Services During Construction is based on an estimated 9 months (39 weeks) of construction period from the time of the contractor mobilization to final inspection. If the period of construction is extended, delayed, or otherwise exceeds this allocation, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims will be an additional service 5. Replacement of small diameter water mains and stormwater improvements at locations other than those identified in this Task Order 2. Additional lump sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services and SDC wiH be extended as appropriate. 6. Field verification (horizontal and vertical) of existing utilities identified as being within the immediate area of the proposed pipeline not already specifically covered under this scope, and vacuum excavation and surveying to locate same. 7. Additional regulatory agency responses exceeding the first two responses to an agency incompleteness and/or additional information request. 8. Road right of way surveys are considered an Additional Services Item. 9. Work effort that exceeds the fees estimated for time and material services as a result of a change in scope or schedule is considered an Additional Services Item. 10. Threatened or endangered species and species of special concern permitting or relocation work. 11. Archeological/Historical preservation permits, studies, or reports. 12. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. 13. Design modifications to the Construction Contract Documents (i.e. change orders) required during construction. 14. Unknown subsurface conditions that would require additional effort by CONSULTANT to resolve, including, but not limited to: underground storage tanks (UST), soil contamination, or unknown utility conflicts. 15. Conducting CCTV surveys of existing pipelines. 16. Gravity sewer engineering exceeding the scope specifica1Jy described in Task 2, Design. 17. Responses to Contractor's Request for Additional Information (RFI) exceeding the number allocated in the scope are considered an Additional Services Item. - "'-"---~'-~-~~~~---'---. ,-- __ _'O_'~..___~""'-<!-~..."._~.,-"O>"~·__~___='"'......,<?,_~ These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed wiH be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system, stormwater drainage system and streets within the project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by CONSULT ANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULT ANT. 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. 4. The CITY shall provide CONSULTANT information regarding the expected level of service for drainage improvements (permissible drainage water surface elevations, design storm years, etc.) , and any existing information (stormwater master plan reports, area drainage studies, nuisance flooding reports, known drainage problem areas, etc.) that would aid in preparation of drainage design in the project area. 5. CITY shall provide equipment and manpower necessary to uncover sanitary sewer or stormwater drainage manholes (buried or under pavement), if necessary, to confirm condition, elevations, or obtain other operationaJ information. G. Compensation Compensation by the CITY to the CONSULT ANT for tasks wiJl be a combination of lump sum (phase 1 Survey only) and time and material (an other tasks) in accordance with the above mentioned Agreement. Payment for lump sum wiH be monthly based on a percent complete. Payment for time and materials work will be based on actual hours and costs expended as defined in the Agreement for General Engineering Consulting Services. The estimated compensation of the services in this task order is shown in Table I below. t TABLE 1: LABOR AND EXPENSE SUMMARY SOUTHEAST FEDERAL HIGHWAY CORRIDOR WATER MAIN AND STORMW A TER IMPROVEMENTS CITY OF BOYNTON BEACH Task LS Cost T &M Cost Task 1 - Phase 1 Survey $28,662 $3,822 Task 2 - Design 127,711 Task 3 - Permitting 15,455 Task 4 - Bid Phase Services 8,750 Task 5 - Services During Construction 44,810 Task 6 - Resident Observation 45,300 Expenses (Includes Subconsultants) 0 ~5.911 Totals $28,662 $262,119 Grand Total, All Services $290,781 H. Schedules The CONSULTANT will commence Task 1, Surveying services upon receipt of written authorization and will complete all work associated with Task 1, Task 2, and Task 3 within 6 months from the receipt of authorization. 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". t " j .at , ice_ TABLE 1: LABOR AND EXPENSE SUMMARY SOUTHEAST FEDERAL HIGHWAY CORRIDOR WATER MAIN AND STORMWATER IMPROVEMENTS CITY OF BOYNTON BEACH Task LS Cost T&M Cost Task 1—Phase 1 Survey $28,662 $3,822 Task 2—Design 127,711 Task 3—Permitting 15,455 Task 4-Bid Phase Services 8,750 Task 5-Services During Construction 44,810 Task 6-Resident Observation 45,300 Expenses(Includes Subconsultants) 0 15,911 Totals $28,662 $262,119 Grand Total,All Services $290,781 H. Schedules The CONSULTANT will commence Task 1, Surveying services upon receipt of written authorization and will complete all work associated with Task 1,Task 2, and Task 3 within 6 months from the receipt of authorization. Remaining Tasks 4, 5 and 6 will be dependent upon the City's schedule. A detailed schedule is attached which presumes Task 4 will immediately follow permit approval. APPROVED BY: CITY OF BO NTO t EACH,FLORIDA By: I Kurt Bressner, City Manager Approved As To Form: VI.-CONSENT AGENDA ITEM C.ll. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST F(Jt(M Requested City Commission Date Final Form Must be Requested City Date Final Fonn Must be Meeting Dates Turned in to City Clerk's Office Commission Meetina Dates Tumed in to City Clerk's Office 0 April 7, 2004 March 15, 2004 (Noon.) 0 June 1, 2004 May 17, 2004 (Noon) 0 April 20, 2004 ApriI5,2004(Noon) 0 June 15, 2004 May 31, 2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) 0 May 18, 2004 May 3,2004 (Noon) [8] July 20, 2004 July 5,2004 (Noon)a ..-..'~ .. ->:- -1-< L- 0 Administrative 0 Legal c:: --<0 :z n" NATURE OF 0 Announcement 0 New Business I'\.) .-CD U1 '''0 AGENDA ITEM 0 0 ,-=:; .- City Manager's Report Presentation x-... -.2 [8] 0 " (/) -I Consent Agenda Public Hearing :x a Code compliance/Legal w ~:z: 0 Settlements 0 Unfinished Business " CD - -rT1 \..0 oJ> rT1('") RECOMMENDATION: Staff recommends the following changes to the State Housing Initiatives :x: partnership (SHIP) Local Housing Assistance Plan. Increase the local maximum purchase price for existing homes from $130,000 to $155,000 Increase the local maximum purchase price for newly constructed homes from $145,000 to $170,000. EXPLANATION: The U. S. Treasury has issued Proclamation Number 2004-18, which significantly raises the price limits throughout the United States. The Florida Housing Finance Corporation (FHFC) has allowed participating jurisdictions to increase their purchase price limits for applicants obtaining SHIP funds based on these new limits. Further analysis of the recent sales prices within our city limits, as well as increased price limits established by surrounding municipalities including Palm Beach County's Commission On Affordable Housing dictate the necessity to the City of Boynton Beach's limits. PROGRAM IMPACT: The ability to continue to assist first time homebuyers with affordability in keeping in line with today's market. The city will continue to attract and keep moderate income families within the city limits, and not over impact the target area with very low and low income persons. FISCAL IMPACT: We will continue to expend funds within required time frames. "~ City anager's SIgnature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources S:\Community Improvement\Agenda Requests\2004\CC7-20-04SHIP Sales Price & Mtg.doc 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE STATE HOUSING 5 INITIATIVES P ARTNERSillP (SillP) PROGRAM 6 LOCAL HOUSING ASSISTANCE PLAN, BY 7 INCREASING THE LOCAL PURCHASE PRICE UMlTS 8 AND ADOPTING THE STATISTICAL DATA 9 PROVIDED BY THE FLORIDA HOUSING FINANCE 10 CORPORATION; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City has received notice from the U.S. Treasury by Proclamation 13 umber 2004-18, which significantly raises the price limits throughout the United States 14 nd the Florida Housing Finance Corporation (FHFC) has allowed participating 15 urisdictions to increase their purchase price limits for applicants obtaining SHIP funds 16 ased on these new limits; and 17 18 WHEREAS, further analysis of the recent sales prices within our city limits, as 19 en as increased price limits established by surrounding municipalities including Palm 20 each County's Commission on Affordable Housing, dictate the necessity to the City of 21 oynton Beach's limits; 22 23 WHEREAS, upon the recommendation of staff, the City Commission deems it to 24 e in the best interests of the citizens and residents of the City of Boynton Beach to 25 ncrease the local maximum purchase price for existing homes from $130,000 to 26 155,000 and increase the local maximum purchase price for newly constructed homes 27 rom $145,000 to $170,000; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 30 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing "Whereas" clauses are true and correct and are 33 ereby ratified and confirmed by the City Commission. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, 36 ereby does: 37 38 a) Increase the local maximum purchase price for existing homes 39 from $130,000 to $155,000, and 40 41 b) Increase the local maximum purchase price for newly 42 constructed homes from $145,000 to $170,000 43 44 45 Section 3. This Resolution shall become effective immediately upon passage. 46 :\CA\RESO\AdministralÏve\SHIP Housing Plan amendment 070804.doc ~_,_._._ú .._ 1 PASSED AND ADOPTED this _ day of July, 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 ity Clerk 22 23 Corporate Seal) 24 25 26 :\CA \RESO\Administrative\SHIP Housing Pian amendment 070804.doc STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM 90% OF MEDIAN AREA PURCHASE PRICE Source: Revenue Proclamation 2004-18 - U.S. Department of Treasury LOCAL GOVERNMENT NEW EXISTING JACKSONVILLE, FL (MSA) $ 247,500.00 $ 247,500.00 MONROE COUNTY, FL $ 332,466.00 $ 332,466.00 MIAMI-FORT LAUDERDALE-MIAMI BEACH, FL. (MSA) $ 280,462.00 $ 280,462.00 NAPLES-MARCO ISLAND, FL (MSA) $ 254,250.00 $ 254,250.00 SARASOTA-BRADENTON-VENICE, FL (MSA) $ 226,350.00 $ 226,350.00 ALL OTHER AREAS $ 189,682.00 $ 189,682.00 *Source: Revenue Proclamation 2004-18 -,~ ~-~~~---<-- ~ VI.-CONSENT AGENDA ITEM E.! 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 o April 7, 2004 March IS, 2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o Apri120,2004 April S, 2004 (Noon) o June IS, 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) ¡g¡ July 20, 2004 July S, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation IZI Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to all staff conditions. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-142. EXPLANATION: PROJECT: Waterside (NWSP 04-003) AGENT: Carlos BaIlbe, Keith & BaIlbe, 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 for new site plan approval for 113 fee-simple townhomes and related site improvements on a 7.29-acre parcel in a proposed IPUD zoning district. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ Develop City Manager's Signalure /' ~ ~~ Planning and Zoning IlJ'ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beacb\Waterside\NWSP 04-003\Agenda Item Request Wateside NWSP 04-0037-20- 04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-142 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael RumPf~W' Planning and Zoning Director FROM: Eric lee Johnson, AICP Planner DATE: June 25, 2004 PROJECT NAME/NO: Waterside I NWSP 04-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Multiple lots with multiple owners under contract, see file Applicant: Mr. Hector Garcia I Southern Homes of Palm Beach N, llC Agent: Mr. Carlos J. Ballbe / Keith & Ballbe, Incorporated Location: East side of FEDERAL HIGHWAY, south of Palmer Road and north of Chukker Road (see location Map - Exhibit "A") Existing Land Use: Palm Beach County - Commercial High Intensity (CH-5) and Palm Beach County - Medium Residential (MR5) Existing Zoning: Palm Beach County - General Commercial (CG) and Palm Beach County- Residential Multi-family (RM) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD - 20 du/ac) Proposed Use: 113 fee-simple townhouses Acreage: 317,676 square feet (7.2928 acres) Adjacent Uses: North: Beginning at Federal Highway extending easterly 150 feet is developed commercial property, with an unincorporated Palm Beach County Commercial High (CH/5) land use classification and unincorporated Palm -<., ..... _.........,~~»..h .~_ ~ ..'.. ..'.........._.__~_,____~..,__ ~,o_~.~ Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 2 Beach County General Commercial (CG) zoning. The majority of the use to the north is comprised of the Palmer Road right-of-way, then farther north is developed residential property with an unincorporated Palm Beach County Medium Density Residential (MR-S) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. South: Right-of-way for Chukker Road, then farther south beginning at Federal Highway extending easterly lS0 feet is vacant commercial, with an unincorporated Palm Beach County Commercial High (CH/S) land use classification, and unincorporated Palm Beach County General Commercial (CG) zoning. The majority of the use to the south is developed residential with an unincorporated Palm Beach County Medium Residential (MR-S) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. East: A majority of the use to the east is right-of-way for the Intracoastal Waterway. However, a portion of the use is comprised of a finger canal of the Intracoastal Waterway as well as developed residential with an unincorporated Palm Beach County Medium Density Residential (MR-S) land use classification, and unincorporated Palm Beach County Residential Multi-family (RM) zoning. West: Right-of-way for Federal Highway, then further west is undeveloped residential (approved for Oceanside NWSP 04-004) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD) Site Characteristic: The subject site is nestled in a pocket of properties both inside and outside the city limits. Any neighboring properties that are not located within the city are under Palm Beach County jurisdiction. The property Is comprised of multiple lots and a portion of the Intracoastal Waterway, resulting in an irregularly- shaped parcel totaling 7.292 acres (see Exhibit "C" - Conditions of Approval). As indicated on the survey, the site fronts on Federal Highway and is bounded by Palmer Road to the north, Chukker Road to the south, and the Intracoastal Waterway to the east. A portion of Palmer Road, which is a private road, disects the subject property. This portion of the roadway is not considered to be a right-of-way and therefore, it would not have to be abandoned. However, the Engineering Division of Public Works still wants to maintain solid waste service on the roadway (as well as secondary means of emergency vehicle ingress / egress) and Is therefore, requiring off-site improvements to be made to Palmer Road (see Exhibit "C" - Conditions of Approval). No ground elevations or site- specific information Is indicated on the survey. However, the tree management plans (sheetsT-1 and T-2) show that there are 202 existing trees on-site, many of which are exotic species. The table on sheet T-2 indicates that the existing flora consists of the following species: Mangifera indica, Ficus, Clusia rosea, Coccoloba uvifera, Sabal palmetto, Washlngtonla robusta, Mahogany sweetiena, Bamboo, Syagrus romanzoffianum, and Arucaria heterophylla. Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 3 BACKGROUND Proposal: Mr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 113 fee-simple townhouse units. Based on unit size, amenities, and architectural appearance, this particular project would be considered an upgrade as compared with Southern Homes' two (2) other recently approved residential projects, namely Oceanside (NWSP 04-004) and Bayfront (NWSP 04-002). Approval of this project is contingent upon the approval of the corresponding request to annex and rezone the property from Palm Beach County - CG to IPUD (see Exhibit "C" - Conditions of Approval). Townhouses are permitted uses in the IPUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would allow 145 dwelling units (density at 20 dwelling units per acre). The project proposes a total of 113 dwelling units, which equals a density of 15.496 dwelling units per acre. The entire project would be built in one (1) phase. The height of the clubhouse building would require the approval of the accompanying request for height exception - HTEX 04-003 (see Exhibit "C" - Conditions of Approval). The height exception will be discussed later in the staff report. ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the city, after the 2005 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: 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 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 sufficient capacity to serve this project. Sufficient 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. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is ~ ,._~~<~_~~~----""";'~""",-;.__,,_~~,_o,,_ ....<..._~__,._"". ~<.'r,~'_~_·,.'''_ ,-,__~,_,,,"--__,. Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 4 recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Driveways: The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Federal Highway. The site plan (sheet SP1 of 2) shows that each of the two (2) ingress lanes would be 11 feet wide for a total of 22 feet in width. Although not dimensioned, the single egress lane proposed on Federal Highway appears to be 20 feet in width. This egress lane would allow for right-turn only (north) traffic movements on Federal Highway. As previously mentioned, an access point is proposed along the north property line, which would connect with Palmer Road. This driveway would be gated (with a Knox Box) and would only be used for either emergency vehicles or service (solid waste) vehicles (see Exhibit "c' - Conditions of Approval). No residents or guests would be able to use this entry / exit on Palmer Road. However, it should be noted that another access point is proposed on Chukker Road. It too, would be gated, however, the residents and guests would be able to use this access point with a remote control. Various types of streets are proposed, all of which would conform to engineering standards. According to the Typical Pavement Sections shown on the site plan details (sheet SP2 of 2), the private rights-of-way, internal to the development would range from 36 feet to 66 feet in width. The narrowest right-of-way would consist of two, 11-foot lanes and two, seven (7) foot paver-sidewalks. All internal roadways would accommodate two (2)-way traffic movement. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 113 residential units and a clubhouse therefore, 231 parking spaces would be required. The plans show that the development would have a total of 446 parking spaces or an excess of 215 spaces with the majority of the spaces located within garages. The site plan tabular data (sheet SP2 of 2) indicates that the plan would provide 226 garage spaces, 192 driveway spaces, and 28 off-street parking spaces. According to the Typical Parking Stall Detail (sheet SP2 of 2), the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. All driveways (except for Units #1 through 15 in Buildings One and Two) would be dimensioned 18 feet in length to accommodate a parked vehicle. No vehicles are to be parked in the driveways of Units #1 through 15. Landscaping: As previously mentioned, there are a total of 202 eXisting trees on-site. The tree management plan table (sheetT-2) indicates that 176 trees would be removed and mitigated. The table indicates that 71 Sabal palmetto, 6 Cocos nucifera, 6 Syagrus romanzoffianum, 3 Dypsis lutescens, 4 Veitchia, 16 Washingtonia robusta, and 12 Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 5 Mahogany swettiena trees and palms would be relocated. According to the site plan tabular data (sheet SP2 of 2), the proposed pervious area would equal 2.54 acres or 34.76% of the site. The landscape Quantities table indicates that 214 of the 447 trees (47.8%) of the trees would be native while 1,328 of the 2,596 or 51.1 % of the shrubs would be native. In accordance with Chapter 7.5, Article II, Section 5.P of the land Development Regulations and at the time of permitting, the landscape plan shall provide 50% native plant materials for the following categories: shade trees, palm trees, and shrubs / groundcover (see Exhibit "C"- Conditions of Approval). The site plan (sheet SPl of 2) shows that an existing sidewalk is located just outside the property along the west property line (abutting Federal Highway). The buildings are proposed at least 15 feet from the east property line. The front doors and stoops for Units #1 through 15 would face Federal Highway. The landscape plan (sheet Pl) shows that the space located between the buildings / stoop and the property line would be landscaped with sod, Royal, Cabbage, and Green Malayan Coconut palm trees. This buffer would also have Hibiscus accent trees as well. Staff recommends that more shrubs and groundcover should be added to this buffer because of its proximity to and visibility from Federal Highway. Staff feels that the right-of-way buffer code requirements should apply along Federal Highway and include two (2) layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer should consist of a continuous hedge or decorative site wall. A decorative site wall (3 feet in height) would be a preferable alternative to a continuous hedge in order to separate the front yard from the public space. If a hedge is used, it should be planted a minimum of 24 inches in height, 24 inches in spread and ''tip-to-tip''. It would be good to have additional groundcover plantings around and adorning the stairs of the units abutting Federal Highway (see Exhibit "c" - Conditions of Approval). In addition to a six (6) foot high wall, the southern landscape buffer adjacent to Chukker Road would be at least 10 feet in width and contain a row of Redtip Cocoplum hedges and Green Buttonwood trees. The southern landscape buffer adjacent to the finger canal would also be 10 feet in width and only include Weeping Yaupon Holly trees (no buffer wall). Similar to the southern buffer, the north (side) landscape buffer would be 10 feet in width and contain a six (6)-foot high buffer wall. A row of White Stopper hedges and Dahoon Holly shade trees are proposed within this buffer. The rear (east) landscape buffer adjacent to the Intracoastal Waterway would contain limited vegetation in part, to maximize views of the canal. Green Malayan palm trees would be planted along the waterway. Royal palm trees are proposed in front and / or rear of each unit. Sheet P2 shows the various unit types (Unit "A" through "G") and their associated landscape material. Each fee-simple owner would have Redtip Cocoplum, Pitosporum, or Japanese Yew, and a shade / palm tree. The air conditioners would be located on the ground to the rear of each unit and screened with various hedge material. The main entrance proposed on Federal Highway would be adorned with lush vegetation. The median strip would include Japanese Yew, Medjool Date and Royal ~-~~~",-"'''''-,--,,~,-'-''.',''''~'<--_._'~' - "",_.,,,.,~--.<_.~-_.-,<-' Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 6 palm trees and Pentas groundcover. The sides would contain Purple Glory trees (signature trees), Dwarf Bougainvillea, Washingtonia and Montgomery palm trees. The recreation area, located along the Intracoastal Waterway, would have a row of Redtip Cocoplum hedges to screen the pool, surrounded by Wax Privet, Washingtonia, Royal, and Sabal palm trees. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district with a density of 15.496 dwelling units per acre. The maximum density allowed by IPUD zoning district (Special High Density Residential land use classification) is 20 dwelling units per acre. The 113 dwelling units are proposed within 17 separate buildings on the 7.292-acre site. The number of dwelling units per building range from three (3) units to nine (9) units. The applicant provided typical elevations for the seven (7)-unit building. The elevations and floor plans of all other proposed buildings would be required at the time of permitting (see Exhibit "C" - Conditions of Approval). The typical floor plans propose a mix of two (2), three (3), and four (4) bedroom units. In terms of their floor plans, each of the 17 buildings would contain varying unit styles (Unit "A" through '\G''), ranging between 2,168 square feet and 3,670 square feet. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with the adjacent properties would be in jeopardy. The project proposes two (2) types of buildings, namely one style with varying heights between 2 and 3-stories while the other style would just be 3-stories tall. The three (3)-story building style would be 34 feet- six (6) inches tall, measured at the mean roof height. The peak of the roof or ''top of ridge" would be 37 feet - two (2) inches in height. This peak height dimension is also indicated in the site plan's tabular data on sheet SP2 of 2. The three (3) - story buildings would range between 40 and 45 feet in depth. The 2 and 3-story mixed building would be 30 feet - eight (8) inches tall, 24 feet wide, and 45 feet in depth. The IPUD zoning district contains no minimum building setback requirement. 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). These proposed setbacks are in contrast with existing setbacks within the surrounding single-family neighborhood; however, they are typical of the setbacks proposed in urban infill projects using the IPUD district. Furthermore, as for compatibility with adjacent homes, the majority of the project boundary abuts either adjacent road or canal rights-of-way, the Intracoastal waterway or Federal Highway, with minimal contact with a single-family property boundary. The graphic matches the site plan tabular data in terms of building setbacks. However, a note in the tabular data indicates that the stairs are allowed in the front setback along Federal Highway. This encroachment would be acceptable to staff, however, there is no conflict because the plans do not show them encroaching. Buildings Eight and Nine, which are proposed along the south property line, would be 15 feet away from the property line at the ground floor and 10 feet away at the second and third level balconies. Either way, they would be more than the 7.5-foot side setback proposed for the plan. Each unit owner would Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 7 be allowed to have a concrete patio in the rear yard. The note on the site plan tabular data (sheet SP2 of 2) indicates that no screen enclosures would be allowed outside the building envelope. Any such future proposal to have them extend farther than the building envelope would require a master plan modification. The recreation area would be located at the rear of the development, along the Intracoastal. It would include a swimming pool and an elevated clubhouse building. The elevation (sheet A-21) shows that the building would have a mean roof height of 39 feet -four (4) inches with the peak of the decorative cupola at 52 feet - five (5) inches. This height of this cupola would exceed the height restrictions of the IPUD zoning district and would require the approval a height exception (HTEX 04-003) (see Exhibit "C" - Conditions of Approval). A six (6) foot high white aluminum fence would surround the entire recreation area. According to the landscape plan (sheet P-1), a C.B.S. wall, six (6) feet in height would be placed along the entire north property line and a portion of the south property line as well. Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S" Tile roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Jute Brown - SW#6096, Honied White - SW#7106, Inviting Ivory - SW#6372, Corona - SW#7121, and Banana Cream - SW#6673. All buildings would be accentuated with genuine and faux balconies having aluminum railings, window shutters, stucco banding, and imitation keystone trim. All accent features such as entry doors, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding present a higher quality of architectural design and materials. A covered entry feature is proposed at the main entrance along Federal Highway. Although partially dimensioned, when scaled, the entry feature would have a decorative cupola that is 34 feet in height with a spire reaching 45 feet in height. Also, the front entrance canopy I trellis would have a clearance of approximately 14 feet - six (6) inches. The colors of these features is not depicted on the plans so therefore, staff recommends that the proposed colors be the same or similar to the project's colors (see Exhibit "C" - Conditions of Approval). The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan detail (sheet PH1 of 1) shows that the light pole would be 18 feet in height. The material would be a round fiberglass pole. The color of the pole and fixture would be black. One characteristic of this project deserving special recognition is the location and design of the clubhouse, which would create a scenic vista from the front entrance to the Intracoastal Waterway. This exemplifies the type of quality that the City was anticipating from the IPUD zoning district. Signage: The conceptual entrance elevation shows that a "Waterside" sign would be located on the entry walls located along Federal Highway. The subdivision wall sign(s) may not exceed 32 square feet In area (Chapter 21, Article IV, Section 1.D.). The plans .--- .- ',"- -_.._._--~_._.,,~-,--~-~,~~. ,-~..~~.-. ,-..,.,,,', --->'-....-_<..0--' ~ ~-.' '. Staff Report - Waterside (NWSP 04-003) Memorandum No PZ 04-142 Page 8 indicate that the sign(s) would comply with code but they do not indicate the materials or colors used for the sign's letters. However, staff understands from the applicant that the letters would be made of PVC (or other comparable material) and bronze in color. Therefore, staff recommends that the lettering be made of PVC and bronze in color. The wall shall be painted the same or similar to the building colors (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. 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'-. «> . 111 ¡.... ~n , I ~./II .- 1\ 1--- ~. II ~ IS ~" r I \: I . -' I í I§~I ¡ J~ -- '. ~ii :', · I¿' :-H ii~1 II> ~ I 1="4- __ & · ® · ~ J ~ " ..... ¿ L ~ CD ~~t:b=b\1 i ;2 l~ Om I III till I l ~ ". UI~I I '. II! ".~ _, L -LY T .Llif:"-\~J-l~q"::L! .~ ~il~! ~ @):II-Ir-f'-'L.kJ..J J1. EI~ . 0. 1>L:1 I .'04CO"" i, ~ ~ i L WATERWAY f C i I EXHIBIT "B" r·r .,.·r C"I '" 0 C Z 0 5 ,..--, I I 0 I I " I I I .. '" L__J ." ~ ..... ~ · J ...... J J.... -... V> 8 I z 0 ;:n 0 ~ '" ." S ~ ..... ~ · ,L - j r... -... ~ ;¡; I In ~ ql ; III 0 I ..., II I r- ,; ~ I ¡ilf I "'I '" II ." I > R I- Z , I. I if I ... I... ..... I... = == un ~ " . · j ..... j UNIT A . 3 l.EVB.S UNIT ~ "DD WATERSIDE - '11" co. :.:; : =:=.,-.. i ~i ~ ~ .0. ."" i I!II; ~ . . ij ; SOUTHEItN HOMES --..- ....I. ~ -- 15'1 S. FlDI&AL HIGHWAY --- · Ii: I c .OYION IIACH. 'LORIDA 5J4JS =::-..::- :!, , ~ EXH IBIT "B" I ~'··6· ! ! ~ ~ ~ r I ~ ~ j ~ I I ~ ~ ~ ~ " ~ I Ii !l ~ ~ ~ Vi C) 8 ! '" ~ 0 ~ z c " 0 z 5 0 5 0 '" I -0 '" ~ ! s: ~ -0 ~ I 5: z z ! ... ... ! c¡ -- J ..... ~ ~ I Ij ·D WATERSIDE - .'11" ". ~.: : ....... ......Of j i; : fOR MM.-œ.UC i IÏli~ ~ &; SOUTHERN HOMES --....... .... - -- it 15.S s. fEDEIAL HIGHWAY --- ; ¡;; f c IOYTOH IIA4:H. FLOI.IDA 33435 :-.,....=- :il , 'g EXHIBIT "B- Ir~" ! I ! ~ ! - ~ ! - ! ! I - ~ ~ - ~ ~ - ! ~ - ! ! ! ! I n 1 ) ~ ~ ~m I ~! I.:. ~~ It¡~ c ç;; 6 BSBBBII Z Z C') ipul C') I '" I Sit ~ ~ ¡1¡¡51 0 ~ II 11'1 ~ I Uit m ~ I ::I 0 ill I ::I I z 0 z ~ J ~ I I I îl "nD WATERSIDE - qlll ". =..::. : --.. i ~i < ~ 'Oi MMlMOIau.c I ifl!; ~ I . =-,:0-- ..... ~ ì H ; SOUTHEItN HOMES o - 21e. S. flDIRAt HICHWAY --- - Ii:! C 1 .....1.. ..... I, '0 _OYTON .'~CH. 'lOllDA IJ..J, _1"-'- EXHIBIT "B" I ~ j nj ! r I i ! ~i I ~. ! d I ~ e I I ~m ~ , }H ~m ~~ ~~ ." ." C c 6 813.88 8 ~ 6 '11 I II "I z gpul z C) C) .1 II ~ I SiI V> ¡IUii V> Þ !~ õ ~ m I'ul I ~ 'I ~ m . I hil ~ . ·R " ~ ::t 0 11 I I ~ z V> ä z 0 0 ~ ~ 1] DD WATERSIDE - r¡fll 'lll! ~: ~ :. __Of :: - .. .0. .......w: I iJIE~ ;; I . Q , ~ -..-- ~ ~ SOUTHERN HOMES -- ~ - 2S.S S. fEDERAL HICHWAY --- ! ill f c ~f_"'" lOT TON IIACH. 'LORIO A I,...IS MX:____ ..... , " .. . EXHIBtT "8"··- 14'·5' ". ------------------------, I I I _====n====:¡:¡ I I I I I I C'I I I 70 I I 0 t:1 c I I I Z I I I 0 I I I I , " I ...., " C I I r- I I d I I 0 I I I I I I § ~ I I 0 I I I I I ! = 70 I I I I ~ ; I I I I ""0 I I 1:1 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 loW I I I I ::.- tJ ~ I I I I I I I I I =====[I====~t1 I , I I _______________________J i ! / - - / / , , , , / - J / , _r-__......._\ VI "' -i 0 ::I: ;¡; Z 0 0 ...., ;!1 5 0 0 0 70 70 ""0 ""0 > > z Z loW ~ ::.- ... ~ ~ .........___.J-(' \ , ~ , \ , " '- , , , , , - 11,I'r Uf" ~-Ir !~'Ifllr ~llijgllr Ilr r ' ~I'¡ n il~ IIiIUIII!1 J ~ tz I ¡sl' ;I! i ,I II I!III I IF. Ie fil I :: ,llliilil, J I' ' c:: I 0 ~ '" c:: r~'aHI~ !~ii "!f~ :- , ¡¡; I CLUBHOUSE 1l nD WATERSIDE -- .q!q 0. »:;: : -....... .- ~ - ~i - ¡ .00 MM IÞCH. uc i nl!~ ;; N ~ SOUTHERN HOMES ...sw......_ -- ¡ U;! c o - 250' $. .tDEaAL HICHWAY --- IOYTON lEACH. FLORIDA ]34]S :::-.:-..::- if! r ~ .. . EXHIBIT "S" .., "" 0 ~ rn r- ~ 0 z ... :¡;,- . nun %II I II"iI iii 'II c !~ .., ..,:u ~~ ",0 ,.IIU III f-- ~;j i till (('If íJ H~ ("::;~ !r: !r !r~ .~~ : I}' if :J>"'t:1 o ...... - IJ o ~ flU F;t:1 ~î ~ äZ ~ " uBi i ~ I> ~~ 0.10 f-- ~..~ 7- ~ i' ; !ì' .. . ---..Jj ~~~ ? .. ~ I.~ r .. .. .. . ::! z 7 ñ ~ . ~ 00'" : 8 z..,:u .. B ~n",' - ",0 a -. z""¡ . . I' ,"" 2~ ,int! I"··I~ ! II "';j t:1 I . .... II'"~ I I I I , ~ . u - "" i n ~ ! I 0 11 I ~ "" rn I . ¡;; ~ '" ~ '" I I z II ~ t:1 0 Z ~ 1 ... :¡;,- . ŒJ aUBHOUSE ]] DD WATERSIDE -- ..... °11 =i; ~ .....-..... Of .. ;f¡ii FO. IWM IMOf I u.c If;n ~ Ñ; ij I ... s.w....... SOUTHERN HOMES -- ...J. _ ZSDS s. 'IDIIAL HICHWAY --- 10YTON lEACH. fLOI.IDA ))435 ~..::--=- - - - , .. ~ ;,,, . 1'1 EXHIBIT "BN II~ . ~ ~ I I \ I ~ I - - - ,. \~ I I ' - .' ' l .,' .-;.. .. .."'" :" EXH/BIT'"S" ~ ¡¡ -- ::__.. ----__________ ¡ I ~¡ @I ~I -r !:;; -------- ! I I~ II ~I r¡ . ~ ~__ ~-ç-___ J J II! ~~ ~~~ -------_ i i I I Þ"~ '- ïC .¡rr.- "--" . I I : P! l ì~C~ ï( + ~ ! '=>;;;;; 'I ~ I -+ Þ- ........ 'J. '=' . ----~. , > II ........... -. ~ , I I a Ii R . . i I 1 -_ ~ ~ ' Ì/- 1 z !I I e \ I -- , I - \ + -- , I ----- \ ~~ 1~~.'I!,-, ~ I I -----~~__ \ I\. lì;:¡: I . . I ---.......;~ ;:-,.,.. I,: n. \~ :H~ ~ . \ III . f-1 1t.......,J + + "I' -W- \ ß: :.1 ri.!.<.. ~.d . Ta:1I' ¡ Ii! I. III-. , V/ ¡r¡ I ':: J 'C2l). ii' ¡;.... ~./ V i!t ! ~ !Ii !lJ .....1\ ---¡ + I!il h.."""'" í iii iii - -I ( :~ "'~ '> 'II filliI t-'I I þ:-'\ . 1,1 17 1 I~u 5 ¡ .1 ~ ~~.'~ . ~ Hit Þ.- I !HI e¡:¡ I I , I< I ~ I III, l)- § n I L..c. !ii, :....a LIt . ri ~ I :: I ¡ I) il~~ ...... m", \ . 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' 7- i !:!:~!:~!:;;~,~~!:t,~f!:f;¡ '.J'~~' 1iI~ II !I ì I .. , .. ., · ., .. : :" ,.,: ..- , , ., II....."" .J ' , 4 1'· ~. ~ 'u , , f ., ~ 1 ~ · Ii Ii ¡; , ., ., I; ~ f i' , . ~:. I +. II. hi b: .. I .. Ij ~. I ::;>' ~ D I';' I. -J . III ~ .. III .. ......... .,,, ... " '" I I'I . + T 1,1 ~ ~ Ii ~ 'Ï ~ Ii ~ 'Ì . ~ ~ ~ ~ ~ 'Ì ~ 'I >-...1 . l!i J T:> ~ Hi 1'1 L rt. + 1,1 I I I I I I f I I I I III I I I r . 111 . 5 'ii , ~ ((I j J I I [:! . :¡: ~ , . II . II W ~ ,. . 1,1 --~ f ,.I' ¡'I!I!' ,. r-.J ~. --1 t ·il I L.-..d . '* I jf¡q~'ill ~......., I " , Ii ; . I I <- .,.J . iJ '= _ ~ ~ II' f tfff'flfllJfJlfl' ~.,It J~ ~ ~. + I ~ ~ lilt tlrl'lI . //,'- . \::: ~ ' -, ~f~ . & I ~ I t r"' lC '1 ~ -. ~ 17 = i '~~~lIi~ I~~I ï I " ~ ~ ~ II II I ~ . '7'\ 17\1-5 'L ~ . r.,· J 5 ~CI rï":\~rld J J I J J I 'II 11....111 I ~ Tf ,- II~ ~~~I~ .' , ~ r I - ~ . ŒJIHn 1=1..~IDE ' PIANl1NGRANIIII~~!I"D . -";,....-.-..~.~ _^ ~ --'"""..ib~',...,þ~_,. ._ EXHIBIT "C" Conditions of Approval Project name: Waterside File number: NWSP 04-003 Reference: 2nd review plans identified as a New Site Plan with a June 15.2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Provide a minimum turning radius of 30 feet (measured at the edge of X pavement of the Palmer Road tenninus) in order to allow for Solid Waste truck turning movements. PUBLIC WORKS - Traffic Comments: 2. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. 3. The proposed project will serve Palmer Road on the north side of the X development. Additional right-of-way may be required to accommodate the required street tennination. ENGINEERING DIVISION Comments: 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Please note that changes or revisions to these plans may generate X additional 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. 6. Pennits from the Florida DOT will be required for all work within the X Federal Hwy. right-of-way. 7. Permits from FDEP, COE, and FIND may be required for work within X the Intracoastal Waterway. 8. Fill and/or dredging permits may be required from the City for work X within the finger canal. 9. Show all existing utilities on Site Development plan (Chapter 4, Section X 7.A.3). COA 07íl2í04 2 DEPARTMENTS INCLUDE REJECT 10. Indicate, by note on the Landscape Plan, that within the sight triangles X there shall be an unobstructed cross-visibility at a level between two and one-half (2Yz) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5 .H.). 11. Full drainage plans, including drainage calculations, in accordance with X the Chapter 6, Article N, Section 5. of the Land Development Regulations will be required at the time of permitting. 12. Prior to issuance of a Land Development Permit provide a copy of the X homeowners association documents for review and approval. 13. All engineering construction details shall be in accordance with the X applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application UTILITIES Comments: 14. Provide the cumulative effects of the sanitary sewer loading from the X Bayfront, Oceanside, and Waterside developments on the lift station at Turner Road. 15. All utility easements shall be shown on the site plan and landscape plans X (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 16. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 17. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 18. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The .. '~.. . ---.. ._ '.~'~.."'o_~''''-"4 .. _ -_ '~.._ ~ COA 07/12/04 3 DEPARTMENTS INCLUDE REJECT easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 19. 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. 20. A Land Development permit for this project shall not be issued until this X Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 22. City Ordinance Section 9-6, 3. 17-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. 23. A Knox Entry system will be required at the auxiliary north entry gate to X the development. POLICE Comments: None X BUILDING DIVISION Comments: 24. Please note that changes or revisions to these plans may generate X additional 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. 25. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the COA 07/12/04 4 DEPARTMENTS INCLUDE REJECT 2001 FBC. 26. Place a note on the elevation view drawings indicating that the exterior X wall openings and exterior wall construction comply \vith 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings pennitted per 2001 FBC, Table 600. 27. Every exterior wall within 15 feet of a property line shaH be equipped X with approved opening; protectives per 200 I FBC, Section 705.1.1.2. 28. 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 I FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shaH be submitted for review at the time of permit application. 29. Every building and structure shaH be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. X 30.Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. 31. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 32. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 33. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 34. As required by the CBBCO, Part III titled "Land Development X Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/so The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the building;s on aH sides. .',>-,--,-."--~....,..........~-~~,,. ,_'.o·_",~__,~~'.....__,·_O_' "_=~,.,,,,_,<_____-,_,,_.~",._- COA 07/12/04 5 DEPARTMENTS INCLUDE REJECT 35. To properly determine the impact fees that will be assessed for the two- X story pool/clubhouse/recreation building, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse/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 pool/clubhouse/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 pool/clubhouse/recreation building. 36. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X may not, therefore, be used for landscape irrigation where other sources are readily available. 37. 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. 38. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The number of bedrooms in each dwelling unit. · 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) 39. At time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or COA 07/12/04 6 DEPARTMENTS INCLUDE REJECT tract. The recorded deed shall be submitted at time ofpennit review. 40. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land. · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Comission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article Y, Section 3(f) 41. Pursuant to approval by the City Commission and all other outside X agencies, 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. 42. 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. 43. 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: · Common area covered walkways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not part of a unit); · 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. __....',0 ,_.._,"">';-~~...-.c._____""'O-<'__,_",,,~__,_, '~_. ,> ..' .__'_'_~'''"--'~~..' "~ --0 ...--cy__.'_ ~...,_ .>_.',~;..--, '- COA 07/12/04 7 DEPARTMENTS INCLUDE REJECT (Chapter 4 - Site Plan Review, Section 7.E.2 and 3). 44. Submit typical construction details of the docks for review. Docks shall X not project into the waterway by more than 25% of the waterway width. Clearly show the distance (width) of the canal per CBBCO #03-048 (see attached). 45. Site-specific engineering shall be submitted for the docks and pilings at X the time of building permit submittal. The information shall include, but not be limited to: · Wind load (140 mph) · Lateral load · Live and dead loads · Approval from other regulator agencies (e.g. Dept. of Environmental Protection, Army Corp. of Engineers, LWDD, etc.). PARKS AND RECREATION Comments: 46. Recreation Facilities Impact Fee - the plans show 115 single-family X attached units. Based on the formula the fee is calculated to be: 113 sin~le family attached units x $ 771 each = $ 87,123. FORESTER/ENVIRONMENT ALIST 47. The Landscape Architect should identify by species and indicate the X caliper inches of all of the 59 existing trees on the site. Show all existing trees on the site to be preserved in place, relocated on site, or removed / replaced on site. All existing trees must be preserved in place or relocated rather than removed if the trees are in good health. These trees should be shown as a separate symbol on the landscape plan sheet P-l. 48. All shade and palm trees on the Plant List must be listed in the X description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12'- 14' to meet the 3" caliper requirement, or the 5', and 6' C.t. specification (Chapter 7.5, Article II Sec. 5.C. 2.). 49. The details section for the Shrub Planting should include a line indicating X where the height and spread of the plant will be measured at time planting and inspection. COA 07/12/04 8 DEPARTMENTS INCLUDE REJECT 50. The applicant should show an elevation cross-section detail on the X landscape plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the 3 proposed 3-story buildings from the heights of 14'-42' along the South Federal Highway road right-of-way. 51. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. 52. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article II Sec. 5A.). 53. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate low-flow zønes with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this site plan is contingent upon the accompanying request X for annexation (ANEX 04-002). This includes the proposed project density. Include a note regarding ANEX 04-002 in the site plan tabular data (sheet SP2 of2). 55. The survey indicates that the project acreage is 7.2928 acres (317,676 X square feet). This land area should be indicated as such in the site plan tabular data (sheet SP2 of 2) and all affected site data (i.e. dwelling units per acre) should be revised accordingly. 56. The height of the decorative cupola of the clubhouse building exceeds the X height limitation of the IPUD zoning district. The applicant has requested a height exception (HTEX 04-003). No building permits shall be issued for the clubhouse unless the decorative cupola is removed or the height exception is approved. 57. At the time of permitting, submit elevations and their corresponding floor X plans for the three (3), four (4), five (5), six (6), eight (8), and nine (9)- unit buildings. These elevations should resemble the submitted project's elevations in terms of their detail, accent feature, and overall architectural style. 58. An improvement to Palmer Road may be required. The Engineering X Division of Public Works will determine the extent of its improvement. 59. The proposed docks will require approval from the U.S. Army Corps of X Engineers. ~ -~"----~""",,-,,-,,,--,"_.-.......-~--~ ~...._.._ ~k__,~__ _ ','<' . - ~ ,., COA 07i12i04 9 DEPARTMENTS INCLUDE REJECT 60. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan (sheet L3 of 3), indicate the total quantities for all proposed native plant material. 61. Provide a detail of the security gate proposed at the project entrances. X Include the dimensions, material, and color (Chapter 4, Section 7.D.). 62. The detail of the proposed buffer wall should indicate the color(s) X (Chapter 4, Section 7.D.). Staff recommends that the wall color be the same or similar to the building color(s) - Jute Brown, Vanillin, Colonial Yellow. 63. Include a color rendering of all elevations prior to the Technical Review X Committee meetin~ (Chapter 4, Section 7.D.2.). 64. A trellis, rockscape, and lagoon are shown on the landscape plan (sheet P- X 1) but not on the site plan (sheet SPl of 2). These two (2) plans should correspond with each other. 65. The subdivision wall sign(s) may not exceed 32 square feet in area X (Chapter 21, Article IV, Section l.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made ofPVC (or other comparable material) and bronze in color. 66. The project's color palette consists of the following Sherwin Williams X paints: Jute Brown #6096, Honied White #7106, Inviting Ivory #6372, Corona #7121, and Banana Cream #6673. The conceptual entrance elevations do not indicate colors. Staff recommends that the building colors and the entrance features do not substantially deviate from the above referenced colors. 67. Staff recommends installing additional groundcover plants throughout the X entire project, in particular, within the landscape buffer along Federal Highway. For example, the landscape buffer along U.S. 1 should have two (2) layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. A decorative site wall (3 feet in height) would be a nice alternative to a continuous hedge in order to separate the front yard from the public space. If a hedge is used, it shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip to tip spacing immediately after planting. Also, it would be good to have additional groundcover plantings around and adorning the stairs of the units abutting Federal Highway. Where possible, the plant materials should be drought tolerant and coordinated with the City Forester. COA 07/12/04 10 DEPARTMENTS INCLUDE REJECT 68. Staff recommends adding more accents to the sides of elevations of the X entry buildings (proposed along Federal Highway). Accents could include faux windows, score lines, and medallions. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 69. To be detennined. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 70. To be detennined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Waterside\NWSP 04-003\COA.doc --' . ~~''''~'',.'''''''''_'_'·'_'.'~C~'_ ,- --"~'--'-~' - , VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM E.2. AGENDA ITEM REQUEST FO.hJ.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 o April 7, 2004 March 15, 2004 (Noon,) o June 1,2004 May 17, 2004 (Noon) o April 20, 2004 April 5, 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) 0 Administrative IZI Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unftnished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandmn No. PZ 04-16l. EXPLANATION: PROJECT: IPUD (CDRV 04-005) OWNER: City- initiated DESCRIPTION: Request to amend 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. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~Si_mre W~ City Attorney / Finance / Human Resources Planning and Z g DlIector S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV IPUD\Agenda Item Request IPUD CDRB 04-005 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-161 TO: Chairman and Members communi~.¡:;opment Agency Board FROM Dick Hudso P Senior Planner flUV THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 1, 2004 SUBJECT: IPUD-Infill Planned Unit Development District (CDRV 04-005) 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 City 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 district and the Federal Hiahwav Corridor RedeveloDment 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:\PlANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV lPUD\CDRVSTAFFREPT.DOC ~ .....""'.......'-"'>-' ..- ,~ -~~~---,--_..~ ,-_...,,~- Page 2 CDRV 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 City'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 staffs 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- Infill 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:\PlANNING\SHARED\WP\SPECPROJ\COOE REVIEW\CDRV lPUD\CDRVSTAFFREPT.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. Intentieft 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 ofthe 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 n dc' la d setbacks, will be dependent on how well the abov ct et in the proposed development plan. c. The IP ac surroundin ro ert . 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 adiacent development. d. In order to be approved, an IPUD project must be compatible with and preserve the character and sanctit},' of adjacent residential nei!!hborhoods. 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 IPUD project will not be entertained as a valid arf!Ument for the inclusion of that same feature in any other IPUD project ¡fthe City decides to rdect those features. S:IPlanningISHAREDlWPISPECPROJlCODE REVIEWlCDRV IPUDIIPUD 07 -14-04,doc _.",->~-----...- Á ,''¡'' '-=- ';_.....__.,..~_____...-.,-. ,." ._'''___~~.....~,_,.,.>_. 'n_-<- '. 'n .·,....H,.~..,~~~ 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 ownershiµ 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 Perimeter Setbacks ____ _ __ lIT tbacks 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. (1) Massing. The proportions 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 rrom 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 neighboring area. The exterior building design should must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. S:\Planning\SHAREDlWPlSPECPROJ\CODE REVIEWlCDRV IPUDIJPUD 07-14-04.doc 3 (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing of a building and help break up monotonous facades. A variety of features should 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, 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. fr.b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening should must be intended to shield neighboring properties fi-om any adverse external effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development fi-om the negative impacts of adjacent uses. (4) Special e g the intrusion of automobile headlights on neighb and driveways. lr.c. Pedestrian circula (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. &.d. Required Usable open space. (1) The usable open space, such as recreation areas and passive common o':mership areas,Shall be required for residential development projects and mixed-use residential projects; shaH be designed to be ayailable to Clyery dv,'elling unit proposed. (2) This required usable open space shall be designed to maximize priyaey and usability to the residents. Shall include active or passive recreational space; (3) Pri~latø 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:IPlanningISHAREDlWPISPECPROJICODE REVIEW\CDRV IPUDlIPUD 07-14-04.doc . ~"-- ......,......-...-~ -..-_.____''_·_,_'__,.._~_",__~'----__'-___"'=M ',__.. " 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. the. 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 rÚlhts-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. ~f. Mixed land uses. (1) Within the IPUD, mixed land uses may be proposed. (2) Commerc velopments fronting on streets classified as "arterial" on adways" map in the Boynton Beach Comprehensive (3) Ho'.ve'/er, _ d compatible with adjacent uses and established design characteristics. (4) Compatibility will also be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. Any 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 roadway or on an access wholly contained within the pro;ect with neither entrance nor exit on or visible from or disruptive to ad;acent properties. streets. and rights-of-wav. & Compatibility with surrounding development. (1) Compatibility will be iudged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adiacent structures shall be included with the site plan application. S:IPlanningISHAREDlWPlSPECPROJICODE REVIEWlCDRV IPUDlIPUD 07-14-04.doc 5 (2) If vegetation. screening or other barriers and/or creative desiJ!n on ~ the -perimeter of an IPUD èe-flet achieve reasonable compatibility with adjacent uses. the City may impose J!rant some relieffrom the following two requirements: a. Any IPUD located adjacent to an existing single-family residential development( s) may be required to must locate structures of the same unit type or height allowed by the adiacent zoning district(s) adjacent to that development. b. Structures located on the perimeter of the an IPUD project. in addition to the basic setback requirements, must may be required to be set back one (1 ) additional foot for each one ( 1) foot in height for that portion of the verimeter structures that exceed aèe¥e thirty (30) feet. This additional setback. if imposed. shall be in e-xcess of the basic setback requirements. ill If an IPUD is located with frontaJ!e 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 frontage on the water, regardless of what any other governing or vermittinJ! entity may allow or vermit. f-h. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered r ith . ts- - avement widths less than the requirements stated in the Ci nt . However. in no case shall health safet and/or welfare be (2) Roadways providing external connections to the City's street network shall meet all requirements contained in the City'S Land Development Regulations. g:1. 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. fuj~ 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:IPlanningISHARED\WPlSPECPROJICODE REVIEWlCDRV IPUD\IPUD 07-14-04.doc ..~'~~ ----"' ,.,.._~,,__~.,«~_______. ~____" ,_.'.~'~i<-.--'.~~~~__:--'o.~ VI.-CONSENT AGENDA CITY OF BOYNTON BEACJ ITEM E.3. AGENDA ITEM REQUEST FOKNl 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 7, 2004 March 15,2004 (Noon.) o June 1,2004 May 17, 2004 (Noon) o April 20, 2004 April 5, 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) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation [8J Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-144. EXPLANATION: PROJECT: The Promenade (NWSP 04-009) 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 for new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail space, 3,000 square feet of restaurant space, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ Developme' -J-{)7/2 ~ Planniñg and Zo~ Director City Attorney I Finance / Hwnan Resources S:\Planning\SHARED\WP\PROJECTS\Promenade\NWSP 04-oo9\Agenda Item Request The Promendate NWSP 04-009 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-144 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael Rumpf y.... ~ Planning and Zoning Director FROM: Eric Lee Johnson, AICP t Planner DATE: June 28, 2004 PROJECT NAME/NO: The Promenade / NWSP 04-009 REQUEST: New Site Plan Property Owner: Boynton Beach Waterways Investment Associates, LLC Applicant: Boynton Beach Waterways Investment Associates, LLC Agent: Mr. Michael Weiner / Weiner & Aronson P.A. Location: Northeast corner of North Federal Highway and Boynton Beach Boulevard Existing Land Use: Mixed Use (MX) Existing Zoning: Central Business District (CBD) Proposed Land Use: Mixed Use Core (MXC) Proposed Zoning: Mixed Use-High (MU-H) Restaurant 3,000 square feet Proposed Use: Retail 19,200 square feet Hotel 68 units Residential 318 Condominium Units Acreage: 173,151 square feet (3.975 acres) Adjacent Uses: North: Right-of-way for Northeast 4th Avenue, then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); South: Right-of-way for future Boynton Beach Boulevard, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central -'~"",~- _'b_~__"""",~,_'>'___"'S~~'_"""_.' _~_.~,~,_,~~"~_,_< _.- Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 2 Business District (CBD); East: Mangrove Walk at the Marina West: Right-of-way for Federal Highway, then farther west is developed commercial (Eckerd's Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD). BACKGROUND Proposal: Mr. Michael Weiner, agent for the property owner (Boynton Beach Waterways Investment Associates, llC is requesting to develop a large-scale mixed-use project. The project would consist of three (3) separate buildings ranging from two (2) stories to 14 stories. On the site plan, the proposed buildings are shown as one (1) large mixed-use building (parking garage, retail, restaurant, dwelling units¡ hotel units) while the other buildings proposed along Federal Highway would be comprised of just retail users. Approval of this project is contingent upon the accompanying request to rezone (REZN 04-002) the property from Central Business District (CBD) to Mixed-Use High (MU-H). The applicant has also submitted a request for height exception (HTEX 04-002) because as proposed, portions of the building would exceed the Mixed Use Core maximum allowable height (see Exhibit "C" - Conditions of Approval). As of today¡ this project represents the third major "mixed-use" development for the City within the newly created MU-H zoning district. The project is to be built within one (1) phase with an anticipated completion date of December of 2006. ANALYSIS Concurrency: Traffic: Generally¡ a project's anticipated traffic is generated by two factors, namely the proposed use and its intensity. The project intensity is typically measured by the proposed building area (in square feet). this project's traffic study was reviewed and approved by the Palm Beach County Traffic Division. Based on the Traffic Division's review¡ It has been determined that the residential portion of the proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County, and the non-residential portion generates less peak hour trips than the existing uses. Therefore¡ the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be Issued after the build-out date (2006). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Subsequent to the Traffic Division approval however¡ the proposed plans were revised to reflect slightly different intensities. Since the Traffic Division already approved the traffic study for concurrency purposes¡ this minor discrepancy between the traffic study and the site plan shall be rectified during the permit review process (see Exhibit "C" - Conditions of Approval). Utilities: Estimates based on the City's adopted Levels of Service Indicate that total Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 3 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 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 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. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The project has met the school concurrency requirements of Palm Beach County for 317 dwelling units. Prior to the issuance of a building permit, the project must obtain the School District's approval for an extra dwelling unit (see Exhibit "C"- Conditions of Approval). Driveways: The project can be characterized as "urban / infill" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The plans show that a parking garage would provide for the vast majority of off-street parking spaces and is intentionally proposed as a hidden structure within the core of the project. Also, the project is not proposing traditional driveways and surface parking lots like "suburban"-type projects (where driveways connect to off- street parking located in front of the buildings). Conversely, this project proposes only one surface parking lot. The project's main point of ingress is proposed on Federal Highway. The entrance would be 23 feet in width and the aisle would run in an east-west direction. It would allow vehicles to drive up to the porte-cochere of the 14-story building and then either steer vehicles to surface parking or back onto Federal Highway. The point of egress proposed on Federal Highway would also be 23 feet in width. It would allow for right-turn only traffic movement onto Federal Highway. The surface parking lot would contain six (6) parallel parking spaces. The lot would be nestled between the buildings, unseen from adjacent rights-of-way. Vehicles must circulate through the porte-cochere on the main driveway in order to access the surface parking lot The point of egress from the surface parking lot is proposed on Northeast 4th Avenue. This point of egress from the surface parking lot to Northeast 4th Avenue would be approximately 14 feet in width. The parking garage would have two (2) entrances of its own, one on Northeast 4th Avenue and the other on Boynton Beach Boulevard. Both driveway openings would -- ^-,-------------',-,-- ._,.,,_ ,_"'--.'*',...~__,....,~._._'___'~ ",>"':__~_,___c~y_.,._ ._,_~..____,,__ - Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 4 allow for ingress / egress movements. All other entrances to the development are for pedestrians only. Parking Facility: Off-street parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section n.H., of the Boynton Beach Land Development Regulations. The project proposes a mix of residential, hotel, retail, and restaurant uses. 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 318 units (a mixture of one, two, and three bedrooms), requiring 595 parking spaces. Restaurant uses require one (1) parking space per 100 square feet of gross floor area or one (1) parking space per 2.5 seats. Since the total number of seats is undetermined at this time, the parking methodology would be based on the gross floor area (3,000 square feet). Based on the gross floor area, the restaurant use would require 30 parking spaces, the equivalent of 75 seats. Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of leasable floor area. For this project, a total of 81 parking spaces would be required for the retail uses. Hotel rooms require one and a quarter spaces (1 V4) spaces for each room. The project proposes 68 hotel rooms and therefore, 85 parking spaces would be required. In conclusion, under these standardized parking methodologies, a grand total of 791 parking spaces would be required. However, the project would only provide a total of 750 parking spaces, a deficiency of 41 spaces. However, because the applicant is simultaneously requesting to rezone the property from Central Business District (CBD) to the Mixed Use-High (MU-H), the project would be permitted to utilize the Urban Land Institute's Shared Parking Table methodology as a basis for calculating the required number of off-street parking spaces. Therefore, based on the Shared Parking Table, the proposed uses and their respective building areas would require a grand total of 771 parking spaces (see Exhibit "C" - Conditions of Approval). The plans propose a four (4)-story parking garage that would accommodate up to 731 vehicles. In addition, the applicant also submitted a request for code review, which aims to re-evaluate and modify the Land Development Regulations with regards to the "downtown" parking space requirements. The code review application and the requested changes would potentially impact this project. Therefore, approval of this project is contingent upon the approval of the corresponding request for code review (see Exhibit "C" - Conditions of Approval). According to the 1st Floor Plan, a total of 129 parking spaces are proposed on the ground floor. This would Include the six (6) surface parking spaces used for "convenience parking". Levels 2 and 3 would each provide 203 spaces while Level 4 would provide 215 parking spaces. All levels would have a certain amount of "tandem" parking spaces, mostly associated with the residential units. As previously mentioned, the surface parking lot is proposed within the interior of two (2) buildings. This lot would extend between main drive and Northeast 4th Avenue. Regular parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces would be dimensioned twelve feet by eighteen feet. Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 5 In conclusion, the parking garage combined with the surface parking lot would provide 750 parking spaces or a deficiency of 21 parking spaces. However, it should be noted that the parking could be negatively impacted in the future if the applicant requests additional restaurant seating (more than 50 seats) or more leasable floor area for the retail uses. If these intensities are increased, thereby creating a parking deficiency, the applicant may request to pay a "fee in lieu" of parking in order to compensate for the difference. Regardless, all requests to pay a "fee in lieu" of would require approval from the Community Redevelopment Agency Board and City Commission (see Exhibit "C" - Conditions of Approval). Between October 1, 2003 and September 30, 2004, the ''fee in lieu" of parking spaces cost $2,000 each. Payment of the fee is required prior to the issuance of the first building permit. In addition to the off-street parking, the project is proposing six (6) on-street parking spaces on the Boynton Beach Boulevard extension. However, these spaces cannot contribute towards the number of provided parking spaces. According to the applicant, however, they will be unrestricted and open for public use. Landscaping: The landscape plan (sheet Ll) shows that 73 palm trees are proposed, of which, 54% would be native species. It also indicates that over 70% of the canopy trees would be native. Finally, the landscape plan also proposes 3,341 shrubs / hedges / accents, of which, 52% would be native species. The MU-H zoning district requires that at least 15% of the property be pervious area. The site plan tabular data (sheet A.O) shows that the total pervious area would equal 30,250 square feet (0.694 acres) or 17.5% of the site. According to the Existing Tree Exhibit (sheet EX-1), the subject site currently contains 53 existing trees with a total of 620 caliper inches. The species consist of the following trees: Mahogany, Green Buttonwood, Silver Buttonwood, Oak, and Coconut palm trees. The landscape plan (sheet L2) indicates that all the existing trees would be mitigated. The recently adopted regulations for the MU-H district provide specific landscape requirements that are addressed in the proposed landscape plan. The trees proposed within the Boynton Beach Boulevard extension streetscape include live Oak and Sabal palm trees. The trees proposed along Federal Highway would consist of Alexander and Date palms with a few live Oak trees. Palms would be used in the streetscape and in other areas of conflict with utility easements, such as along the east property line. A ductile iron pipe for potable water and sanitary sewer is proposed within the pedestrian courtyard and colonnade. It is city policy to prohibit the installation of full-canopy shade trees within these easements due to the potential impact of the trees' root systems upon the underground infrastructure. However in an effort to soften the "hardscape" and to provide shade while still protecting the underground infrastructure, the landscape plan and the "promenade cross-section" (sheets 12 and L3) graphically illustrates the location and scale of the ligustrum trees to be installed within the interior pedestrian courtyards. Each tree would be installed within a pre-cast planter with Philodendron xanadu planted at the base of each tree. ~_,".~~_c_""""",.____"",__~_.. .'_____"".... ~." ..._<-______£~,.,""~ ~,~._........,..-,o-, "'_,,~.~<__~_~ Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 6 A utility easement is also proposed along the east property line adjacent to the Mangrove Walk at the Marina site. Similarly, the only plant material proposed within this easement area would not have invasive root systems that can damage underground utilities. The plant material proposed within this buffer would consist of the following species: Cuban Royal, Cabbage, and Saw Thatch palm trees with various groundcover plants. Building and Site: Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The site plan (sheet A.1) shows that several two (2)-story buildings are proposed along Federal Highway. These buildings are proposed close to the roadway in order to comply with the maximum setback requirements of the MU-H zoning district. The project density would be 80 dwelling units per acre. As a result, none of the hotel units may be converted to dwelling units in the future. To do so would cause the project to exceed the maximum allowable density of the zoning district. The south side setback would be 13 feet - six (6) inches and the north side setback is 14 feet- nine (9) inches. The rear setback would range from 16 feet - one (1) inch to 20 feet - two (2) inches. The applicant has informed staff of the desire to have awnings placed on the outside of the pedestrian arcade. A note on the cover page indicates that any element projecting over a pedestrian walkway would require a . minimum nine (9) feet of vertical distance as well as a five (5) foot wide horizontal pedestrian clearance. Based on the parcel size, the project's maximum allowable lot coverage would be 75% or 129,863 square feet. The project proposes 121,250 square feet or 70% lot coverage. Many of the buildings would have varying heights but are interconnected at the base level (as shown on the floor plans and elevations). The maximum height allowed by the MU-H zoning district is 150 feet. All proposed buildings would comply with this maximum height requirement. The elevation drawings (sheet A.1t) show that the roof level of the 14-story building would be 142 feet In height. However, there are portions of the roof that would exceed the maximum height allowed by the zoning district. The peaks of the pitched roof of the cupolas are proposed as high as 167 feet. These rooftop elements are eligible to be considered for height exceptions. The applicant has submitted a concurrent request for height exception (HTEX 04-002). The MU-H zoning district also has minimum height restrictions for buildings proposed along rights-of-way to be at least 35 feet in height. As proposed, the two (2)-story retail buildings are not 35 feet tall and therefore, do not meet the intent of the code. While it may not be the intent of the code to have a uniform 35 foot roof line, the purpose is to provide an urban edge to the street. Therefore, the buildings proposed along Federal Highway would have to be Increased in height In order to comply with code. This revision can be accomplished at the time of permitting. However, it is important to mention that any increase in the project's overall floor area due to compliance with the height requirement may necessitate adjustments to be made to the parking methodologies and concurrency thresholds (see Exhibit "C" - Conditions of Approval). The proposed building composition would be as follows: Residential - 467,000 Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 7 square feet; Retail- 19,200 square feet; Hotel- 52,900 square feet; and Parking Garage - 240,000 square feet. The 1st Floor Plan shows that only retail uses (including the restaurant) and eight (8) of the "townhouse style" dwelling units are proposed on the ground floor. The townhouses are not fee-simple and therefore, they are technically classified as condominium units. The hotel suites and the remaining eight (8) townhouse units are proposed on the second and third floors. Two (2) of the hotel suites are proposed on the second floor, above the retail located near Federal Highway. As shown on the elevations (sheetA.U), these two (2) small towers proposed along Federal Highway are the applicant's attempts to comply with the 35-foot minimum building height required by the MU-H zoning district. However, as proposed, the towers would be 34 feet - four (4) inches in height and do not comply with minimum code requirements (see Exhibit "C"- Conditions of Approval). The fourth floor (sheet A.4) would be the parking garage's uppermost level. The fifth level shows the project's recreation deck proposed on top of the parking garage. Floors six (6) through 12 would primarily consist of the remaining condominium units. The typical floor plan (sheet A.9) shows that the one (1)-bedroom unit would be 805 square feet in area. The two (2)-bedroom unit would be 1,185 square feet in area while the three (3)-bedroom unit would be 1,580 square feet in area. Design: The ground floor has been designed as a series of interlocking spaces, unified by architectural elements, while promoting pedestrian friendliness through the use of arcades, public space, and landscaping. The project parking is virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan. The public space would be easily accessible and open year round. Although not fully designed at this time, the southwest and northwest corners of the project are proposed to act as open plazas and gathering areas. These inviting open spaces would help to invite the pedestrian and channel this type of foot traffic to the internal public arena. Vehicular traffic is contained within the internal framework of the project. The public spaces would be adorned with appropriate landscape material (small shade trees and attractive groundcover) that would help to soften the urban "hardscape" while providing the arcades and overhangs, which offers protection from the harsh sun and / or inclement weather. The landscape plan (sheet 12) shows that the freestanding outdoor lighting fixtures would be decorative "Floridian" lampposts at least t2 feet in height. The detail indicates that the structures comes in either black, dark bronze, white, dark green or silver. Staff recommends that the color of the freestanding outdoor lighting fixtures be black to blend with the project and be consistent with the Marina project. The building's exterior surface would consist of with a textured stucco finish. As proposed, the buildings would have earth tone colors and would utilize the following Benjamin Moore paints: Hawthorne Yellow (HC-4), Powell Buff (HC-35), Gettysburg Gray (HC-t07), Yorkshire Tan (HC-23), and Georgian Green (HC-U5). The trim work, bandings, and railings would be "Bone White" and the standing seam metal roof would be "Great Barrington Green". -~, --~~~-~-----~--~, '~", ~ ~.~,_.......---,'-"-- ~'""'" . '-,>-'-', '-. .....'..~ "',..... ~,' > Staff Report - The Promenade (NWSP 04-009) Memorandum No PZ 04-144 Page 8 Signage: No project signage is proposed with this submittal. All proposed signage must be reviewed and approved by the CRA Board and the City Commission. Staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon the approval of the concurrent rezoning and height exception applications, and all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Promenade\NWSP O+OO9\Staff Report.doc PROMENADE LOCATION MAP Exh: biT "A" CBO NE 4TH AVE C-4 CBO "",,,€.J 0 CD CBO BOYNTON BEACH BLVD ¡ I I I CBO CBO CBO z MX-H ~ -t :J: n -t N W.' 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'" :~ ~ trj ','\ l , II' ~ = a. m R a"¡ a r 0 I ¡; I I ø t"" \'~ . ~ !~ ' a. ~ :' 1 £ ~ ~ ~ ~ ¡¡ . ) 1!1 I< 'il" : _, ;==: I :. ""é . I ~/ I IfI ¿ I .- f;: ~ - r - _r-- '1"- É III 15 I ¿ I ~ Z J\ ,@""l¿- Igl -t'1~~' I! lI1!(§ï ooo.~~' I -- ~ q6r"'" I ì) ¡ ~~~j ~I ;'2 ,.~ (-~' f- I ,Lr--1 , ~~ ,'. ~ ~ Iii ~ 'f-, ,µ t: I J' ,/ J ~j ~,2j", :t . t5~ Î., ~~ª ',' -- ~ -~~ W I _ ' z~ t.?~ _ Ii!!' I '" ,I g ø'" - I 1 / / œ'1I!:~" ~ ...~ ~ III 17 O"'~'".,.I ~. §~ f~,:} ~i, J~~'. pC [J ¡, ~,( "'; ,¡;¡¡~ I I l.I<-':¡ ~., . ~ c~¡j¡¡ -;;;, ~~. rc: ! _ _ _ In ~'?i _ L...:, -' ____ !r -, ~_./. ~»é_' ~' 0 F ~ I f~~i II '4 r ~+ 5 uL----' ~/ !I c) oh~i 11 i i \- I ~ S I}) I ~1 ~F:- - "'~;;EN .FREEDMAN-ENCIN~;A & AS~. Architects. P A 808S N.W. IS5th s...... Miami Lat... f"IoriÑ 330]6 305,826,3999 EXH IBIT "B" 'I" ·"'.·""C~ î ~ ~~~q~=;:~;!5 - -- OCCl....s¡a;lO~> ~. .~.o..o.. ~ ~ ~~C)~~~~ ~; ~r~ ~~~¡:¡ ~~ íì ~ "88 ~ ...ª "VQ =i ~"'ð ~~ š!~ ~2~ ~.~, ~,,~ g~ ~~ - -F .-- ~ ~ ~[J ~ ........<b..~c t>~~¡:"'V~~ h¡;~§~~ -r ii~~:Vi~ :~~ ;~>; ~. ~~~~ ä! ~~ 0 ~ __ ~ o' > \?:~ ~~ ' ¡;; ~ '0 ~ :;:""1 i :m ~ ,. c ~~ ~ , , . , , , , I , , , I , I , ,- ï , Z 0 ~ ~ ::r:: tr:1 t""' tr:1 <: ~> ~~ d _ ::-0 gz I '. if" if" if" if" if" if" if" if" ! ~ . ~. o~ iõ I r ! ~ [~ r-~~ I COHEN· FREEDMAN· ENCINOSA & ASSOC. I Architects, PA I THE PROMENADE 8085 N .w. 1551b Street Miami Lates.. Florida 330]6 305·826·3999 BOYNYON BEACH, FLORÐA _..,--~~=-----_.._><,'"-~..',,,. EXHIBIT "B". . · ; · ï" · ..~ E" I f I I I I ì I I II: )Ii . I I "- " :t! > ." ~ J:I: 0 ñ '" . <1 0 > t"' ~,..~..~~~ t':! ~¡mnlª ~k5"· '" ~r~ ~~~~ _ c ~3 0 !ia & 13ê; 0 ¡f- ::..; ~~ ~~ ~~ r ~ ;IU ~~;;;;;:?~ ~IUn~ I ~ ~I :~I! ~¡ ~~ ~ ~ ~ :¡ ( ( .~ ~~ q~ I· ~ 38 .~ ~ ~~ PREU.1INARY DESIGN FOR COHEN' FREEDMAN· ENCINOSA & ASSOC. THE PROMENADE Architects, P A BOYNYON SEA R...OAIDA 8085 N.W. ISSth Street Miami ùk... Florid. 33016 305·826·_ . EXt-l181T ....8" 1 I I I ,-- I I " , ¡ J. I : , i I ! I , I ~-T~ í \ i I r-, Jl ,', :f=:--- - :' oW I , I .t~<'" I - I œ I ... , . , : ; ° æJJ I I . nnt~_· 'f I; -- i ! I ~ I -r-- .. I m ¡¡ I ~ I - t\ I m , I ~ , - ... it ~ I ~ r ¡; II m ~ .... ~ I§~ , ~ < ... - m i ~ I ! I~Þ ~ I - ~ ~ . It----~ ¡ ~I ! I 1ß I ~ ! il r i~l! II~ ~ t Iii: -I I ' f ¡;I ;¡ (JI 9 I - I . I ~ t 'I ! II ' IlrJ I, r---- , 1----,,-- I I I --- . . I - .- - -- -' - - - -- -- -' -- -- - -, -- - - -- - - - - I C ' - - - --- - ------------------'-'"1--'NË:-4ïh Ãvë_ --. ----.-.-.-- '.....' ",-' 0 rJ} U"f HH FUSTER D : t""" ~ I lFfr THE PROMENADE t'll~ DalGN ASSOCU.TES. P.i. ~N~ nih -..-~....""'" GROUND LEVEL LANDSCAPE PLAN ..-.. ----. ~ _. u..u.. t"J _.._~~n..:DIU _~....æ- _.,.1"",...._1_-.... EXHIBIT "C" Conditions of Approval Project name: Promenade File number: NWSP 04-009 Reference: 3n1 review plans identified as a New Site Plan with an June 22. 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). Additional detail(s) will be required at the time of permitting to ensure access is properly provided to the trash rooms for Solid Waste. PUBLIC WORKS - Traffic Comments: 2. The Palm Beach County Traffic Division must approve the traffic impact X statement prior to the issuance of a building permit. All proposed uses and their respective building areas must match between the traffic analysis and the site plan (Chapter 4. Section 8.F.). 3. The required traffic analysis should address, at a minimum, an evaluation of X turning movements into and out of the proposed development. Particular attention should be given to the southbound to eastbound movement ITom Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full signalization at the intersection of Federal Highway and Northeast 4th Avenue considering existing traffic volumes and expected volumes to be generated by the proposed development. If warranted, it shall be the sole responsibility of the developer to upgrade the signals and roadway at the intersection of Northeast 4th Avenue and Federal Highway and an appropriate letter of credit or other surety shall be provided to the City prior to the issuance of any building permits. 4. Northeast 4th Avenue shall be improved ITom Federal Highway east to the X east limits of the proposed development. At a minimum, provide two (2) 12 - foot wide lanes with Tupe D curb, sidewalk, signing, striping, etc. An additional 15 feet of right-of-way or roadway easement shall be provided on the south side of Northeast 4th Avenue. 5. The south parking structure entrance shall be right-in I right-out only unless X improvements are made to the eastbound Boynton Beach Boulevard approach. In accordance with recommendations made by staff and Pinder- Troutman. Contact I coordinate with Kimley-Horn & Associates regarding widening Boynton Beach Boulevard to the south to provide a "by-pass" to prevent stacking of traffic back onto Federal Highway. COA 07/12/04 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. 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. 8. SpecifY storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 9. 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: 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. 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. 12. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 13. This office wi1l 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. 14. A building permit for this project shall not be issued until this Department has X .,..,_~'..__ ....-....'...,_______~o_~_,.. ___,~_" COA 07/12/04 3 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 15. The developer may be required to upgrade the remainder of the water main X trom 6 in. to 12 in. along Federal Highway north to NE 4th Ave. and east trom Federal Highway along NE 4th Ave. to the property's east property 1ine. Please provide fire flow and demand calculations demonstrating the needed minimum main size for serving the needs of this project. 16. 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: 17. Hydrant connections shall be to mains no less than 6 inches in diameter. In X addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 wm is required. 18. 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. 19. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be finn and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO Tl80, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. 20. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the X following additional safety requirements for high-rise buildings and/or buildings with 6 or more stories: . Firefighters Air System COA 07/12/04 4 DEPARTMENTS INCLUDE REJECT · Equipment Storage Rooms. · Stairwell Doors. · Administrative Controls. · Master Keys. · Rappelling Anchors. · Suppression Connections and Control Valves · Communications · Elevators · Smoke Controls For details see the Fire Department Design Guide. 21. High-rise buildings shall be protected throughout by an approved, supervised X automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1. 22. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2. 23. Class 1, Type 60, standby power in accordance with NFPA 70, National X Electrical Code, and NFP A 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. POLICE Comments: None X BUILDING DIVISION Comments: 24. 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. 25. 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. 26. 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 - ---.~--....-......,...----~-.'.".....~..--,_.,.. .--,' -~ COA 07/12/04 5 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application. 27. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the building design. 28. 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 shaH be included with the building plans at the time of permit application. 29. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 30. Add to each building space that is depicted on the site plan drawing a labeled X symbol that identifies the location of the proposed handicap accessible units. Add to the drawing the calculations that were used to identify the minimum number of required units. Also, state the code section that is applicable to the computations. Show and label the same unitJs on the applicable floor plan drawings. Compliance with regulations specified in the Fair Housing Act is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205). 31. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 32. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · 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 ther is no base flood elevation, indicate that on the plans. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 33. To properly determine the impact fees that will be assessed for the one-story X pool/clubhouse, provide the following: · Will the pool/clubhouse be restricted to the residents of the entire project only? COA 07/12/04 6 DEPARTMENTS INCLUDE REJECT · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse 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 pennit review, the applicant should request that the County send the City a copy of their detennination of what impact fees are required for the pool/clubhouse. 34. Add to the floor plan drawing of the clubhouse building a breakdown of the X floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. X 35. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 36. 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 pennit shall be submitted at the time ofpennit application, F.S. 373.216. 37. 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 pennit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The number of bedrooms in each dwelling unit. · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article IT, Sections 26-34) ---,q~...~...' ... """ '"'---~---'-~. ~ ,_..,'___,_~"'_~4>,~.~'""'o,'~,__~_,_....._,"""""""_~_ .. . COA 07/12/04 7 DEPARTMENTS INCLUDE REJECT 38. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land. · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 39. 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. 40. 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 shaH 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. 41. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your TRC plan submittals. 42. 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 shaH 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 shaH be included and identified within the area of the building. Indicate how many of each type of unit wiH be on each floor and within the building. 43. 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: · Common area covered walkways; · Covered stairways; · Common area balconies; · Entrance area outside of a unit; · Storage areas (not part of a unit); COA 07/12/04 8 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) 44. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.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. 45. Submit floor plan for the health club. PARKS AND RECREATION Comments: 46. The Parks and Recreation impact fee is based on the following formula: X 317 multi-family units x $656 each = $207,952. FORESTER/ENVIRONMENT ALIST Comments: X 47. The Landscape Architect must indicate on the landscape plan (sheet L-l) the above existing trees that will be preserved, relocated, and removed / mitigated on the site. The Landscape Architect should tabulate and create a table for mitigation of the total caliper inches of existing trees proposed to be removed and show all caliper inches of replacement trees on the landscape plan. A separate symbol should be used on the landscape plan to identify the mitigation trees. .. ' ._~'~'_.- .......",...-,.. n' __ '+~-'-',__' "~_'''''~r~'~_''''_'''''''' ._,' ~'~~__'._,__ COA 07/12/04 9 DEPARTMENTS INCLUDE REJECT 48. All shade and palm trees on the Trees and Palms List (sheet L-1) must be X listed in the description as a minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12' -14' to meet the 3" caliper requirement; or the 4.5'-5' , 5' -6', 6' -9', and 8' - I 0' clear trunk; or 6' -7' gray wood specifications (Chapter 7.5, Article II Sec. 5.C. 2.). 49. The landscape plans should include a details sheet indicating by a line where X the height, caliper @ DBH, clear trunk, and gray wood area of the shade and palm trees will be measured at time of plantin~ and inspection. 50. At the time of permitting, the landscape plan shall provide 50% native species X categorized as follows: shade trees, palm trees, shrubs / groundcover plantings (Chapter 7.5, Article II, Section 5.P). 51. The applicant should show on Sheet L-1 an elevation cross-section detail of X the actual heights of the proposed landscape trees and vegetation at the time of planting that will (proper scale) visually buffer the proposed buildings from the Boynton Beach Boulevard, Federal Highway, and NE 4th Street rights-of-ways. 52. There is no irrigation system design included with the site plans. The X irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Section 5.A.). 53. Turf areas are limited in size. Landscape (bedding plants) areas should be X designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 54. Approval of this project is contingent upon the approval of the corresponding X request to rezone from CBD to MU-H (REZN 04-002). 55. Abandonment and rededication of easements must be recorded prior to X issuance of a building permit for the project. 56. Approval of this project is contingent upon the approval of the corresponding X request for a height exception for any portion of the structure that exceeds 150 feet in height (HTEX 04-002). 57. The height of the buildings proposed along Federal Highway must be X increased to 35 feet to comply with the MU-H zoning district. Revise plans to comply. COA 07/12/04 10 DEPARTMENTS INCLUDE REJECT 58. The Mixed Use-Core land use classification allows up to 80 dwelling units X per acre. The number of dwelling units proposed on the site plan is contingent upon the acquisition of a small piece of property located at the northeast comer of the site (owned by the City of Boynton Beach). Approval of the project is therefore, contingent upon the City Commissioner's approval to swap said referenced parcel in exchange for the +/- 22-foot wide easement sought by the City of Boynton Beach. Provide a survey and legal description of subject parcel. 59. The project must obtain approval fi-om the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. Currently, the project has school concurrency for 317 dwelling units but proposes 318 dwelling units. 60. The proposed uses and building areas must match between the site plan and X the traffic impact analysis. No building permits will be issued until approved by the Palm Beach County Traffic Division. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. 61. The project's tabular data indicates that 3,000 square feet of restaurant is X proposed, however, it is not shown graphically on the site plan. At the time of permitting, graphically show the location of the restaurant space on the site plan (sheet A.I). Also, revise data to accurately reflect allowable and proposed lot coverage. 62. Approval of this project is contingent upon the approval on the Urban X Parking Requirements code revision proposed because it does not comply with current code. 63. On the site plan and floor plans, ensure that the number of parking spaces in X each row and its respective label correspond with each other. 64. On the site plan (sheet A.I), in a dashed line, show the limits of all proposed X cantilever awnings and make sure that their placement corresponds with the awnings shown on the elevations. Also, the awning colors shall be approved by staff at the time of permitting. 65. The placement of landscape material outside the subject property's boundary X lines (and within the rights-of-way) is subject to the Engineering Division of Public Work's review and approval. Also, the Florida Department of Transportation must approve any landscape material within the U.S. I right- of-way. 66. 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, _ ~__c___~~""",",,,,,,,,,,,,,~~,,_<~___ >~__.,__ _ __'.'.'-' ,<,,_ _c~,-,<>,.~~,r~"''''___.._,.~ . COA 07/12/04 11 DEPARTMENTS INCLUDE REJECT and Bougainvillea. Note that signature trees do not contribute toward the total number of required perimeter trees (Chapter 7.5, Article 2, Section 5.N.). 67. Place a note on the landscape plan indicating that mulch other than Cypress X shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 68. All project signage is subject to review and approval of the Community X Redevelopment Agency (CRA). On the elevations, indicate the cumulative area of all wall signage to ensure that it complies with Chapter 21, Article 4, Section C.). In addition, indicate the sign type, letter colors, and sign material. Staff recommends using a sign program for the entire project. Future signage such as in a sign program would still require review and approval of the CRA and City Commission. 69. The landscape plan (sheet L1 of2) graphically shows a "Sign Fountain". Are X any free standing monument signs proposed? If so, the maximum allowable signage area of the monument sign is five (5) feet tall and 40 square feet on each side. On the elevations, clearly identify proposed sign area and show the site address at the top of the monument sign (Chapter 21, Article 4, Section 5.B.). 70. Place a note on the site plan that no screened roof / solid-roof enclosures X (outside the building footprint) are allowed. 71. The sidewalk along Federal Highway is required to be ten (10) feet in width X and should contain trees and tree grates within the paver brick design to provide an urban streetscape. 72. At the time of permitting, delineate on the parking garage plans, the X separation between public and private parking. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 73. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 74. To be detennined. MWRJelj S:\Planning\SHARED\ WP\PROJECTS\Promenade\NWSP 04-009\COA.doc ,~ ,u f' "c. OPENINING 8 1 4~ DIA. EXHIBIT II·D" RECEPTACLE AND UGHTlNG CIRCUITS. . SIZE PER PLANS N ~ER LOCA nON "- NG DIMENSIONS .... ULlING HOLES ,." TYPE ~SA" MOUNTS -.:t t 1/2~PVC (SOUND SYSTEM) .- PLA TE: ---- I NOTE: THIS ANCHOR PLATE ACCEPTS 28"X60" A BOLT CIRCLE FROM 11 3/4" BANNER SINGLE SANNER ARM @ 13" DIA. (BY OTHERS) - LUMEC BAS28 POLE BASE '. (561) 64.1-5J01 0 - CAST AlUMINUM BALL PLAN VIEW I - COLOR: ·COLTX êo SCALE: NONE .... - - SINGLE BREAK AWAY BANNER ARM - LUMEC BABS28 . (561) 64.'-5301 0 - CAST ALUMINUM BALL I - COLOR: COL TX ¡...,. .... .~ DIA. FLUTED POLE .125 WALL TI-IICKNESS 6061-T6 S1RUCTURAL- .J GRADE ALUMINUM. (POLE WELDED FOR SINGLE UNIT CONSTRUCTION) 4 ANCHOR BOLTS - J/I,.~ X 32" WI'fH 6~ HOOK (GALVANIZED) STATION AND OFFSET PT. FINISHED SEE SHEETS C14 &: C1S GRADE 2'-\ 7'-0" J!4-" X 10'-0· COPPER CLAD GROUND ROO _ _ AWG-BONO I~ - POlE FE "SA" LIGHT POLE JET AIL W TYPE "S8t SCALE: NONE E8 36~ LP1 I I OUTL PROF SQW . pnwt' . ,-~ ..-~,-~-....-_. ,---. -.-..~ '. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Promenade APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project consisting of 16,200 square feet of retail, 3,000 square feet of restaurant, 68 hotel rooms, and 318 condominium units on a 3.975-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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:IPlanninglSHAREDI WP\PROJECfSIPromenadeINWSP 04-009\DQ,doc VI.-CONSENT AGENDA CITY OF BOYNTON REA ITEM E.4 AGENDA ITEM REQUEST FURNI 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 D April 7, 2004 March 15,2004 (Noon.) D June I, 2004 May 17,2004 (Noon) D Apri120,2004 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) [g July 20, 2004 July 5, 2004 (Noon) D Administrative D Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation [g Consent Agenda D Public Hearing D Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Deparbnent of Development Memorandum No. PZ 04-146. EXPLANATION: PROJECT: The Promenade (HTEX 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 for a height exception of 17 feet to allow the peak of a decorative tower to extend above the ISO-foot maximum height provision in the Mixed Use High Intensity (MU-H) zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~- Developme ~~ITecto, City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Promenade\HTEX\The Promenade HTEX 04-002 7-20-04Fonn April 6 - July 20, 2004.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-146 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael RumPf\\-V\U' Director of Planning and Zoning FROM: Eric lee Johnson, AICP Planner DATE: June 29, 2004 PROJECT: The Promenade / HTEX 04-002 REQUEST: Height Exception PROJECT DESCRIPTION Property Owner: Boynton Beach Waterways Investment Associates, llC Applicant: Boynton Beach Waterways Investment Associates, lLC Agent: Mr. Michael Weiner / Weiner & Aronson P .A. Location: Northeast corner of N. Federal Highway and Boynton Beach Boulevard Existing Land Use: Mixed Use (MX) Existing Zoning: Central Business District (CBD) Proposed Land Use: Mixed Use Core (MXC) Proposed Zoning: Mixed Use-High (MU-H) Restaurant 3,000 square feet Proposed Use: Retail 19,200 square feet Hotel 68 units Residential 318 Condominium Units Acreage: 173,151 square feet (3.975 acres) Adjacent Uses: North: Right-of-way for Northeast 4th Avenue¡ then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); South: Right-of-way for future Boynton Beach Boulevard improvement, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central Business District (CBD); East: Mangrove Walk at the Marina -- -...-- ._-~_. ,~" '=--'-, . . ..... _....~_~..o,"--_.¿4._, "~. .__~.....'._'...~'., ,_......,"_..._.__...._---"= ,-<'~._ .". Page 2 Memorandum No. PZ 04-146 West: Right-of-way for Federal Highway, then farther west is developed commercial (Eckerd's Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD). BACKGROUND Mr. Michael Weiner, agent for the property owner (Boynton Beach Waterways Investment Associates, llC is requesting to develop a large-scale mixed-use project. The property is currently developed as a one (1)-story shopping center. The applicant is simultaneously requesting to rezone (REZN 04-002) the property from Central Business District (CBD) to Mixed Use-High (MU-H). The intent is to raze the existing shopping center building in order to construct three (3) separate buildings ranging from two (2) stories to 14 stories tall. On the site plan and elevations, the buildings are shown as one (1) large mixed use building (parking garage, retail, restaurant, dwelling units, hotel units) while the other two (2) buildings that are proposed along Federal Highway would primarily consist of just retail users. The request for height exception is made because as proposed, portions of the 14-story building would exceed the Mixed Use Core maximum allowable height. As of today, this project represents the third major "mixed-use" type of development for the City within the newly created MU-H zoning district. The project is to be built within one (1) phase with an anticipated completion date of December of 2006. ANALYSIS The property is currently zoned CBD. The CBD zoning district allows for a maximum building height of 4S feet, except for mixed-use projects (buildings), which as a conditional use, may not exceed 100 feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-H in order to achieve taller buildings The MU-H zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU-H is to provide developers with greater options for development and redevelopment projects in the downtown area. The objective of the CBD and mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mixture of different uses with higher residential densities and varying but reasonable building heights. land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "D" - Applicant letter). The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CBD zoning district allows for a maximum building height by right at 45 feet. However, building heights in the CBD may be increased to 100 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set of standards and would require public notice. The Mixed-Use low zoning district allows for a maximum building height of 75 feet by right. Only the Mixed-Use High zoning district, which is being requested by the petitioner under application REZN 04-002, allows for a maximum building height of 150 feet by right. For comparison purposes, this analysis will summarize the facts and results of the Boynton Beach Marina project's request for height exception (HTEX 03-002). The Boynton Beach Marina summary is reviewed in this analysis because it represents the best example of a similar mixed-use development recently approved by the City Commission for height exception. The Boynton Beach Marina has evolved over time Page 3 Memorandum No. PZ 04-146 and sustained many different changes to its uses, building configuration, height, and overall site layout. In 2002, the Marina project (MSPM 02-005) was proposed with buildings that were nine (9) stories in height. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard roofs as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Pursuant to Ordinance 02-010, the nine (9)-story project complied with both the CBD and MU-H zoning district height limitations. In 2003, the project known as "The Residences at Marina Village", the project's most recent site plan modification (MSPM 03-001), proposed building elevations with the deck line dimensioned at 144 feet in height. In this particular project, the deck line was considered to be the top of the roof deck, or in other words, the point of the building at which height was measured. The deck line was actually six (6) feet below the maximum allowable height of 150 feet and therefore, the building met the height restriction of the MU-H zoning district. However, portions of the mansard roof exceeded 150 feet. Many portions of the Boynton Beach Marina's roofline reached as high as 168 feet in height, which in turn, necessitated the need for a height exception. Staff reviewed the Boynton Beach Marina request in accordance with standards prescribed by Chapter 2, Zoning, Section 4.F.3, Height Umitations and Exceptions. Staff argued that the origin of the height exception was predicated on the fact that 45 feet was the maximum allowable height for all zoning districts, excluding the CBD and Mixed-Use zoning districts, and that the intent of the height exception process was to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances that would incidentally (due to Building Code related issues) exceed the 45-foot maximum height limitation. Staff felt that the Boynton Beach Marina project's request for an 18-foot height exception did not meet the intent of the height exception standards. Staff recommended denial of their request. The CRA Board reviewed the request but failed to reach consensus on a motion to deny (with a 3 to 3 vote), resulting in a non-recommendation to the City Commission. The City Commission, however, approved the applicant's 18-foot height exception request on April 15, 2003. Mr. Michael Weiner's request for height exception is similar in many respects to the Boynton Beach Marina. The elevations (see Exhibit "B'') show that the deck line of the Promenade project would be 142 feet in height, placing it eight (8) feet below the maximum allowed by the MU-H zoning district. Mr. Weiner affirmatively addressed all standards for evaluating height exceptions (see Exhibit "D" - Letter). In the letter, the applicant indicates that the portions of the buildings (that exceed the 142 foot roofline) are necessary to hide mechanical equipment, elevator shafts, and stair shafts. In addition, the roof treatment is necessary to provide articulation to give the buildings a more desirable aesthetic appearance. Staff concurs that these building elements are eligible to be considered for height exceptions. The peak of the tallest portion of the roof is 167 feet in height. This is 17 feet over the maximum allowed by the MU- H zoning district. No existing buildings in the CBD or citywide are 100 feet tall. It should be noted however, that this request for height exception is one (1) foot less than what was already approved for the Boynton Beach Marina. Regardless, the building as proposed qualifies for the height exception. Staff reviewed the request against the criteria listed in the Land Development Regulations and determined that it would not have an adverse effect on existing and proposed land uses and would not reduce light and air in adjacent areas. Past projects have received approval for this height exception and future developments within the MU-H zoning district would have the right to apply for such exceptions. ..~ '~-";' ....~.~_.. '._ .~ .....~~....-'".,......,~_~<_~.~~,_.~O~.-..' n",_._ '''.~O'___",",,"þ_, ~.'_ _ _ - Page 4 Memorandum No. PZ 04-146 RECOMMENDATION As previously mentioned, staff is generally in favor of the redevelopment efforts proposed In the accompanying request for new site plan (NWSP 04-009). The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. Staff recommends approval of the request for a 17-foot height exception to the maximum building height of the MU-H zoning district. S:\PIanninglShared\WpIProjectsIMARINAIHTEX 03-OO2\Staff Report.doc PROMENADE LOCATION MAP E'xJa,'h:T "A., CaD NE 4TH AVE C-4 CØD 0 CB CBD BOYNTON BEACH BLVD ¡ I I I CBD CBD CBD z MX-H en -t % n -t N w.' S 0 50 100 200 300 4O~ - - e... "._o~y,"· . ..__ ~...,_,..._-_,_,,",,,-_..c._~.~,~,·<~~~·,___., _<,~',__,~_ -_____ .--,",,-..,'_ Ff ' 1 EXHIBIT "B" i'" ~~ 1 ~ ... ... ..... I~ I I ¡g I I ~ I .' I I I I I Þ-rj I > , I ~ I ~ I t-4 I > I ~ I I =S I t2j UJ Þ-3 t%j t""'" t%j .,...c ..... Þ I t-3 þIooIIo4 0 Z I I I EXHIBIT "C" Conditions of Approval Project name: The Promenade File number: HTEX 04-002 Reference: Elevations dated June 22. 2004 I DEPARTMENTS I INCLUDE I REJECT I I Comments: None PUBLIC WORKS I I I X I Comments: None UTILITIES I I I X FIRE Comments: None X I Comments: None POLICE I I I 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 Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: .-- '> ~,...,. ~~-"_.---........~,,,,-.....,~,---..~..> Page 2 The Promenade File No.: HTEX 04-002 DEPARTMENTS INCLUDE REJECT 2. To be determined. S:\PlanningISHARED\ WP\PROÆCTS\Promenade\IITEXlCOA,doc EXHIBIT "0" WEINER & ARONSON, P.A. ATTQRNEYS AT LAW Thß Clark House 102 North Swinton Avenue Delray Beach, Rorida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER OF COUNSEL: CAROLEJ.ARONSON ROBERT MARC SCHWARTZ, P.A. JASON S. MANKOFF Rorida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS LLM. (In Taxation) April 28, 2004 Mr. Mike Rumpf Via Hand Delivery Director and Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Height Exception Request Our File No.: BWIAOO2 Dear Mike: Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for a Height Exception for 17 feet as depicted in our site plan being submitted simultaneously to the City. The proposed building is fourteen (14) stories, which normally would not be over 150 feet in height. However, so that the building remains aesthetically attractive, there are certain mechanical functions and design elements that exceed150 feet in height. Section 4 (F) (3) lists several items to be answered by an applicant for a height exception. The responses are as follows: (a) Whether the height exception will have an adverse effect on the existing and proposed land use. Answer: The requested height exception will not have an adverse effect on the existing and proposed land uses since the proposed building is only slightly higher than permitted by the Mixed Use (High Intensity) Zoning District, which allows for a height of 150 feet. (b) Whether the height exception Is necessary. Answer: The height exception is necessary to hide mechanical equipment, elevator shafts and stair shafts. In addition, the roof treatment provides articulation to give the buildings a more desirable aesthetic appearance. (c) Whether the helqht exceDtlon will severely reduce 119ht and air In adlacent ...--~---~. "'"'-__''.c'<",~__·J'_..¡.'_ - _.~ .-- - -.- ~ ~ ,,---- . - Mr. Michael Rumpf April 28, 2004 Page 2 areas. Answer: The requested height exceptions will not severely reduce the light and air in adjacent areas. The property is bordered by Boynton Beach Blvd. and Federal Highway and the Intracoastal waterway, which is open. (d) Whether the height exceDtlon will be a deterrent to the Improvement or development of adlacent DroDerty in accord with existing regulations. Answer: The requested height exception will not be a deterrent to the improvement or development of adjacent property within the Mixed Use (High Intensity) Zoning District. To the contrary, the project will act as a catalyst for the redevelopment of other properties in the adjacent area. (e) Whether the heiaht exception will adversely affect DroDeiW values In adlacent areas. Answer: Not only will the requested height exception not adversely affect property values in adjacent areas, it will serve to increase surrounding property values, and act as a catalyst to improving property values in the area. (f) Whether the height exceDtion will adversely influence living conditions In the neighborhood. Answer: The requested height exception will not adversely influence living conditions in the neighborhood. The additional height will provide for a more aesthetically pleasing view and neighborhood appearance, compatible with the surrounding area. (g) Whether the height exceDtion will constitute a grant of a sDecial Drivllege to an Individual owner as contrasted with the Dubic welfare. Answer: The requested height exception will not constitute a grant of special privilege, particularly since without the height exception and the enhanced architectural features, the appearance would not provide for as much "architectural" variety. Past projects have received approval for this height exception and future developments within the Mixed Use (High Intensity) District will have the right to apply for such exceptions. (h) Whether sufficient evidence has been presented to lustlfy the need for a height exception. Answer: For the reasons set forth herein, sufficient evidence has been presented to justify the need for the requested height exception forthe functional, mechanical, and architectural features of the project. Mr. Michael Rumpf April 28, 2004 Page 3 Please also see the attached architect's letter concerning this Height Exception Request. Please let me know if you would like us to provide any other additional information. JSM:vf O:\BWIAOO2\Fonn Ietter.Aprl119.wpd _ _. _ '~<', "'""",,",,~~___~_'-",";_'_' _,..0 _. ~ ,~,..........--=---------,...--<,,",,~,--,~,,-~,"'<~-" "~"-~'----~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Promenade APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 3.975- acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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: \PlanninglSHAREDI WP\PROJEcrS\Promenade\HTEX\DO,doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM E.5 AGENDA ITEM REQUEST FOKlVI 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 o April 7, 2004 March 15, 2004 (Noon.) o June 1, 2004 May 17, 2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) D 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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved and Community Redevelopment Agency Board on July 13, 2004 approved this request with a 6 to 1 vote. If supported by the commission. this item will ultimately return after being advertised for public hearing and ordinance adoption. 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 corner 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 commercial master plans in the C-3 zoning district. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D~,¡o~Q, ~i~M' ~¡) 1~ /~ Planniñg and ~g Director City Attorney / Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-004 Auto Repair\Agenda Item Request Auto Repair.Commercial MP CDRV 04-009 7- 20-o4.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-132 TO: Chairman and Members Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP rt 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 REOUEST 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 district. 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 Chapter 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: (j) in a shopping center and within the prindpal building of the shopping center or (if) within a commercial master olan In whIch event such buildino mav be free standinç:H 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 City's Occupational Ucense section categorizes minor automobile repair businesses consistent with the North American Industry Classification System (1997), which was formerly the Standard Industrial Classification Manual (1987). According to the Occupational Ucense section and the NAICS, wide ranges of businesses are classified 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 Tinting; #811111- Auto Mechanical Repair; #811191- Automotive on Change & Lube Shops; #811198 - Automotive Services NEC; #811190 - Auto Detailing I Washing , .17 ., .--r _.....,..~,-,_____.__~.'.'__. _ ,.... "~,,,,,,,,,.,,,,,~,, ,>-, __ _',~ '__'_-r-~ ,~~ _ __,~___. ",",n',> .~>_,_ þõ_ Page 2 CDRV 04-004 The City currently has licensed a total of 55 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 Oil Change & Lube Shops" classification 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 Oty 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 district. However, In todaýs convenience driven market, many companies conducting minor automotive repairs (I.e. Jiffy Lube, Midas Muffler, Firestone, Tire Kingdom, Precision Tune, GO 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) multiple-bay buildings on the parcels. According to Chapter 2, Section G.C.1.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-parcels 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. Existlna businesses Generally, heavy commercial and Industrial 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-1 zoning districts. However, as previously mentioned, they are also allowed as conditional uses In the PCD zoning district. Conditional uses are those uses that are perceived to have a negative Impact and would· not be appropriate generally, or without restriction, throughout a zoning Page 3 CDRV 04-004 classification 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 B]'s Wholesale Oub, 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) acres. The PCD zoning district also has substantial setback and peripheral greenbelt requirements. The purpose of a PCD is to provide a zoning classification for commercial developments that would conselVe natural amenities and allow for the mitigation 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 Incompatible land uses. The applicant initiated 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 limitation as well as the greenbelt requirements. In the C-3 zoning district, the proposed use would be allowed as a conditional use provided that it is located within principal building of shopping centers less than 75 acres in area. An example of one such business is the Wal-Mart Tire 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 district 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 desian and øarkina The general Intent and purpose of the C-4 and M-1 zoning district is to provide adequate space for more intense commercial and Industrial uses. Therefore, automotive-repair uses are relegated to those aforementioned areas that are heavy commercial or Industrial In nature. Accordingly, the intention is to separate these sites from less-intense commercial activity and residential neighborhoods by virtue of the zoning districts within which they are allowed. Staff has acknowledged that historically, many properties In the C-4 zoning district and M-1 zoning district were designed and approved for heavy commerdal and Industrial uses with lower parking demand than their commercial counterparts. However, these older sites have been converted for automotive-Intensive uses that possess higher off- street parking demands. 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 Door area; plus requIred parking spaces for any other prlndpal uses, Induding office or retail Door area. Subsection 16.(f)(6) requires one (1) parking space per eight hundred (800) square feet of gross Door area for wholesale, and warehouse uses. However, according to Subsection 16.( d)(24) automotive paint and body shops are required one (1) parking space for evety three hundred (300) square feet of gross Door area. In addition, each overhead door and Interior spray booth may be counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead bay door and an Interior spray booth. However, In no œse shall less than four (4) outside parking spaces be provided. Furthermore, Chapter 2, SectIon 16.(f)( 4), Including retail gasoline sales, retail automotive parts and I or accessories sales, and automotive repairs, Including major repairs, but excluding automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross Door area. The problem _."._~~--,~,.~""",,,,-,,,,,,,,-~,,,,,,--" ,'''_____'....~....~.-;..---<~____.,___' ..'~,'__w'o___'..',. r~' -~__...,_"_'_',....._~-_,~_.___ 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 vehldes (either waiting to be serviced or retrieved 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 commercial 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 districts. 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 vehldes can enter the building. Future Imøllcatlons As mentioned eariier, 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 principal 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 regulatio~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 acres) 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 city 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 city'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 (induding 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. RECOM MEN DAßON 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 fabric of the C-3 zoning district and its performance characteristics. Based on this analysis, staff recommends that this request to amend the city's code to include 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 orindoal bulldino of a shopping center or In a subordinate stand-alone buildin(l and / or out;parcel within IRe a commercial Master Plan orovided that the subordinate stand-alone bulldlno and / or.outDarcel Within a commercial Master Plan Is not located between the prindpal bulldlng-el-tlle shGpJJ!ng æntc.' and an adioinlno rioht-of-wav or between the orindoal buildino and abuttlno residentlallv zoned orooertv. 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\SHAREO\WP\SPECPROJ\CODE REVIEW\CDRV 04-004 Auto Repair\Staff Report.doc ~",---..""" -._-ç~-<~ ,.....,,---._--~--'.....~~~,-- ""--,,.~-'-,._"-"'-',------~.~--, '~,-~~--".., ---- VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E.' AGENDA ITEM REQUEST FORi". 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 D April 7, 2004 March 15,2004 (Noon.) D June I, 2004 May 17,2004 (Noon) D Apri120,2004 April 5, 2004 (Noon) D June 15,2004 May 31, 2004 (Noon) D May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) D May 18, 2004 May 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF D Announcement D New Business AGENDA ITEM 0 City Manager's Report 0 Presentation [8J Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department ofDeve1opment Memorandum No. PZ 04-162. EXPLANATION: PROJECT: Urban Parking Requirements - Mixed Use (CDRV 04-007) AGENT: Michael S. Weiner, Weiner & Aronson DESCRIPTION: Request to amend Chapter 2, Zoning, Section 11.H reducing parking ratios for multi- family, hotel, and marina uses in mixed-use projects within the CBD zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~- ~ Planning and Zonin ector City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\SPECPROJ\ DE REVIEW\CDRV 04-007 Parking MU\Agenda Item Request Urban Parking Require.Mixed Use CDRV 04- 0077-20-o4.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-162 TO: Chair and Members Community Redevelopment Agency FROM: Michael Rump¡t'\ ~~ Planning and Zoning Director DATE: July 6, 2004 SUBJECT: CODE REVIEW (Urban Parking Regulations) (CDRV 04-007) NATURE OF REQUEST & SUMMARY Michael Weiner of Weiner & Aronson is requesting a code review of existing City parking regulations as they relate to downtown projects. Staff has been contemplating various amendments to the City's parking regulations intended, in part, to create separate standards for parking in the downtown, more in line with the codes of other cities facilitating urban redevelopment, and in part to assist with the adaptive re-use and expansion of older structures in the downtown, in an effort to enhance and revitalize the Central Business District (CBD). The request on the part of Mr. Weiner appears timely, considering internal discussions at the staff level, and warrants further exploration and discussion. Staff concludes the amendments to the parking code for reduction In the amount of required spaces for residential units, hotel units, and non- residential uses within mixed-use projects and the incentives for adaptive re-use of some of the older building stock (outlined in items 1 - 4 below) are logical steps and valuable tools in the redevelopment of downtown. Therefore, Staff recommends amendments 1 - 4 to the parking code be approved with staff comments and conditions. BACKGROUND Current parking regulations are found within the Land Development Regulations, Chapter 2, Section 11 H. Said regulations have been in place for many years and establish minimum parking requirements relative to various uses. Like many of the older codes in South Florida, these regulations were based upon a car dependant, suburban lifestyfe. The current trend in an ever-increasing urban South Florida, is to create a parking code reflective of the urban lifestyfe associated with redeveloping downtowns. With the implementation of mixed-use developments where individuals can live, work and play within a consolidated project or within walking distance to various amenities such as dining, shopping and employment centers, the heavy reliance upon the automobile has been greatly reduced. Added to the fact mass transit has improved in many downtowns, Boynton included, with the interconnectivity between the Palm Tran bus service and Tri Rail, our Shopper Hopper service and the proposed bus/trolley system planned for the CRA, the absolute need for each and every resident or visitor to the downtown to own a vehicle is diminished. Also, the typical occupants of an urban mixed-use development do not have two kids living at home, of driving age, and with cars of their own, as is commonplace in our suburban subdivisions. While there are working couples with two vehicles, there are also retired couples with only one car, who buy a two bedroom unit to accommodate friends or relatives when they come to visit. There is the single individual who purchases a two bedroom unit in order to have a home office. The demand for two (2) parking spaces for all units containing two (2) or more bedrooms and 1.5 spaces for one bedroom units (current Boynton code) is just not the same in an urban mixed-use setting as it is in suburbia. Although not a part of the request from the applicant, staff undertook a review of non-residential uses within a mixed-use project, and found much of the same logic imparted above applies. Living in a mixed-use project or downtown decreases the need to drive an automobile to accomplish every task. An individual could walk or bike to convenience shopping, dine out or access services, ie. bank, dry cleaners, travel agency, salon, etc. The internal capture of those pedestrian trips slightly reduces the need for excessive parking requirements typically found at shopping centers and malls that are not located within reasonable walking distance to clustered residential. Current City codes require 1 parking space for each 200 square feet of retail, 1 for each 300 square feet of office, 1 for each 100 square feet of restaurant and 1.25 for each hotel room. Shopping - -<--p;~........,,-->------,... Page 2 Memorandum No. PZ 04-162 Urban Parking Regulations centers, which can have a mix of retail, office and restaurant, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under current City regulations. Additionally, as part of staff's overall review of parking in urban areas, and looking at the adaptive re-use and expansion of some of the older building stock in the Central Business District (CBD), a reconsideration of parking requirements may be warranted based upon city-owned public parking, transit possibilities and higher density residential being constructed within the immediate vicinity, once again reducing potential demand for additional on-site parking. ANAL YSIS The applicant, Michael Weiner of Weiner & Aronson, has submitted suggested amendments to our existing parking regulations and a comparative analysis of parking rates being utilized in downtowns and city centers in Palm Beach, Broward and Dade counties. The proposed amendments are listed and described in Exhibit "A". The Comparative Analysis is attached as Exhibit "B". For comparative purposes, the current parking code has been included within Exhibit C. Noteworthy features of the amendments proposed by the applicant are described as follows: 1) Provide for an exception to standard parking calculations for the Mixed-Use High (MU-H) zoning district, which would reduce the parking requirement in Multi-family residential projects for studio or 1 bedroom unit from 1.5 parking spaces to 1.33 for each such unit. Reduce the requirement for 2+ bedroom units from 2 parking spaces to 1.66 for each unit. Reduce the parking requirement for Hotel from 1.25 parking spaces per each bedroom to 1.0 parking space for each unit; and ~) Allow for up to 25% of the required number of parking spaces to be provided in tandem configuration. Staff has reviewed the comparative analysis provided by the applicant, which details the Urban Parking Codes within four (4) downtowns or City Center Districts, including Boynton Beach (Exhibit B). A quick comparison depicts the Boynton Beach regulations as requiring the highest amount of parking for residential uses. As stated earlier, our current code does not differentiate between urban and suburban projects. Boynton Beach requires 1.5 spaces for a 1 BR unit, West Palm Beach 1.25, Plantation 1.33, and Kendall 1.0. For a 2+ BR unit, Boynton Beach requires 2 spaces, West Palm Beach 1.5, Plantation 1.66, and Kendall 1.0. The applicant has suggested the City adopt the 1.33 parking spaces for each 1 BR unit and 1.66 for each 2+ BR unit. Staff agrees that our code should differentiate between urban and suburban parking calculations to assist in the revitalization of the downtown. The suggested 1.33 and 1.66 figures would appear to provide the necessary parking (minor reduction over our current regulations). However staff would condition that amendment to be applicable only to those Mixed-Use projects in the downtown, in an effort to encourage mixed-use projects and since the overlap of the various uses within a Mixed-Use project typically have different peak parking needs and provide for more internal capture of patrons already on the premises, thereby reducing the need for vehicular trips and attendant parking spaces. Hotel parking is currently based upon 1.25 parking spaces for each bedroom within the hotel unit. Within a Mixed-Use project, a parking ratio of 1 space for each hotel unit would appear to make sense. Figuring that seldom does a hotel guest or guests in a single room have more than one car and taking into account a standard vacancy factor, this should still provide adequate parking for hotel guests and staff. The request to consider allowing up to 25% of the required parking spaces to be provided in tandem parking configuration appears logical in an effort to maximize parking and efficiency in site design. Staff would -ecommend the adoption of such regulations, with the following conditions: 1) only up to 25% of the required ,Jarking, 2) this regulation be allowed within parking structures that are partially or entirely wrapped with other uses, 3) this regulation be allowed for residential and valet uses only, and 4) may only be utilized outside of a parking structure if for residential and/or valet uses and only if the utilization of tandem parking results in the minimum perimeter buffer or interior landscaping requirements being improved by at least 50%. Page 3 Memorandum No. PZ 04-162 Urban Parking Regulations Additionally, Staff is recommending companion modifications to an Urban Parking Code, separate and apart from those proposed by the applicant, as detailed in items 3 and 4 below: 3) Mixed-Use projects, for all the reasons stated above involving their operational characteristics, warrant consideration of parking reductions for those type of retail, office and restaurant uses associated with residential projects. Shopping centers, which can have a mix of retail, office and restaurant uses, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under current City regulations. The same consideration should be made for Mixed-Use projects that are predominantly residential in nature; and 4) In an effort to assist in the adaptive re-use and expansion of existing structures in the Central Business District (CBD), Staff is recommending that off-street parking facilities (or additional spaces) should not be required, when an existing building is enlarged by up to one hundred (100) percent of the square footage of the existing structure or increased in capacity by adding dwelling units, floor area or seats, or where the use of a given structure is changed, provided such building or structure is located within the CBD or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. Exempted from utilization of this provision are existing multi-family uses and structures and places of assembly (ie. auditoriums, meeting rooms, places of worship, and clubs, lodges and fraternal organizations), which tend to be parking intensive uses. RECOMMENDATION Staff recommends that the proposed amendments to Chapter 2, Section 11 H of the City's Land Development Regulations, as described above in items 1 - 4 and containing staff conditions, be approved. Attachments J:\SHRDATA\Plannlna\SHARED\WP\PROJECTS\CODE REVIEW\Urban Parklna Reaulatlons\Urban Parklna Reaulatlons-5taff ReDort .doc ~' II'~_......--.._.,.' .,,~_.~~_._,<,...~_ ,....'h"""'__.....~'=-~~'.--'- "~"_" ~_,_o~ ~,~,-~~,-..-- ~-,-'~._.~. ~~ ,.. --!. --..- -J - -..--..--..- ...---..-- --. --- . . - --.--.- ~ -.............. . , v , . EXHIBIT" A" Pronosed Boynton Beacb Code Amendment for Urban Parkin" Standard Chapter 2 WNlNG · . . See. 6 Commercial distriet regulations and use provisions · . . F. MIXED USE ZONING DISTRICTS · . . 9. Parking Requirements. Parking requirements fOT both the MU-H and MU- t zoning districts shall be as set forth by Chapter 2, Section IJR. of the Land Development Code. except that the following rates shall supersede the requirements of Chapter 2. Section IlH for mixed use projects in the MU-H zoning district as foHows: Use ParkiD2 Standard Multifamilv Residential Studio or 1 bedroom 1.33 spaces per unit 2+ bedrooms 1.66 spaces per unit Hotel 1.0 space per key ·note; qp to 25 % ofthc required number of ~s can be provided in a tandem confi2Uraticm. A 1andem narkine: $p8ce it defined as two (2) narkine: s,paces with one (I) space abutting behind the other. Chaptet" 2. Section Ill, shall apply only to the MU-H zoning district. · . . , . EXHIBIT "A" . JuStification for Alternative Parking Standard The Applicant is requesting tha~ the City amend the City Code of Ordinances to provide an alternative parking standard. for residential and hotel uses that are within urban mixed use projects in the Mixed µse ~ High zoning district. The Mixed Use ~ High zoning district is intended to encourage high density mixed use development in the urban core of the City. The City land development regulations currently provide a parking standard for :' multifamily residential and, hotel uses that is standard throughout the City but is more representative of the parking ratios characteristic of suburban projects. With an increased focus on the redevelopment of urban cores with integrated mixed use projects. it has become apparent that ~e tÍ'adítional suburban parking standards are no longer appropriate for the urban mixed use form of development. The concept of successful urban mixed use development entails the creation Qf livable communities that incorporate a pedestrian friendly design and encourage transit use. Planning literature indicates that the successful implementation of this concept has been hindered in many places by the application of generic minimwn parking ~guJations that over emphasize parking' areas resulting in the underotilization of land space to the detriment of the project and the transit and pedostrinn oriented objectives sought tD be achieved. Moreover. because of the mixed us nature of such projects, the opportunity to share spaces is present unlike suburban developments. The typical municipal code minimum parking standard is based upon methodology that calculates the anticipated vehicle trips generated by a proposed use in the context of trip generation rates in suburban peak periods with ample free parking and with no consideration towards public transit. captured trips or mixed use. Planning academics have become increasing vocal against this methodology as applied to the mixed-use projects expressing that in its simplicity it docs not address othCr notable factors that affect parking. They find that traffic analyses are statistically unreliable when applied to mixed use developments in, that they do not account for access to transit, neighborhood density and demographic factors like income and age that effect vehicle ownership. Other Florida counties and municipalities that haye come 10 understand that urban parking standards should appropriatély differ from suburban standards include the City of West Palm Beach. the City of Plantation and Miami-Dade County. Attached is a. table that reflects the parking standards in. the recently adopted mixed use urban districts of those jurisdictions. The alternative parking standard for multifamily residential and hotel proposed by the Applicant for the City ofBoýnton~s Mixed Use - High dis,trict is in fact the same as the rate adopted by the City of Plantation for its mixed use Plantation Midtown District last month. Note) however. that the Applicant is not proposing any change in the applicable retail or restaurant parking standards. .. u______.~> - -==--...............-~~- -<', - -,'--.........~-_."..."""~,~. ·.x '" m >< -:::r -. c- -. ,-+. ~ I en m " CD 0- CD ..., Q) - I -. cc -:::r ~ ....., - () 0 ..., ..., -. 0- 0 ..., '1J ..., .0. CD () ,-+. . . - - - ---- EXHIBIT "8" In fÌ rI1 WI ~ ~ 1ft ! t I ~~ ~ ~ ~. _a ~. .. 0. ! ~ ø.. 11>-= l1li ~ rI1'" ."1:1:11:1" t'1- 1111 .. 't) ~~~s ON~ ~ ~ VO M ~ ~___ ~Ñ~ ~ ~ ~~ ~ ~ \+-í ~{I) ......... ,0 .!.. à .- -a 6' (f.) 0 I Ù dtt'l § :3 ~ " 0 0 =u _~ ~ ~- . 1Jo1q ~~ "1 ~o Oü~ ~- Q -N ~! ~ ¡ B \ 8 ~ i &It .t =- ! ! ø. ~ Q~= IiIQ ~ !!' rn a::I "C 0 f-. to-- 4IQ III QC ~ ~oøJ Mf-.~ ~ ~ ~o ~ ~ ~ ~ _ ~M~ ~ ~ ~~ œ ~ ~ ~ < = .... oor.... ~ Co') t> 0 .~ "a . 0 ~ ~ ~3 ~o ~ i .gN~ ~ ~ i ~ ~ _ -uo ~ . . - --..;0 - ~ ~ -~ - -- = In U a ~ IPJ Ii ~ -¡ 1. ! 8. - ~.cI .- Co. :!! ¡ØI I::. - - ~ ~ = - ~ ~ ~ ; ØiI "'0 C" M _ .. IrJ = ~ ~~~~ ~~~ ~ ~ ~o ~ ~ ~ ~___ -M~ ~ r- ~M ~ ~ ~ v ~ I c~ ~. CI.) 5;;; 0 ... + UJ ti ~ '" ~ "i! 0 -~ .'t: >. 6' ~ ø g Eo- ~ ..d_ -ê ¡::¡ ù.:MC 0 0 0 ~ rf,I ~B In¿ ~t(') g 0...-1 ~Ð N~ o-~ ~ê ~~~ ~~ ~~~G ~- ø ~z rI1 œ i 1:# ~! I ~ ~ ..s.... ~ .. "a. ' ~ ~1!&I= lID ª ä- III B ... CIII'" ¡c 'ò 'V CJ\ .. &:>.. 0 ~ ~~~~ M~~ ~ ~ 00 ~~" ~ ~ __""'ooio -"'=t -n 0'\ QC OOrf\" to- "'3 ~ þ r- ~ N . ~ .' ;:;I. m ~ <OJ..... ..... UJo 11:1"; ... g '§ .- Ð 0 0 t3 ¡; ~Q r;.1~ B -~ ~ 8~ ¡;.ã o ~ Q Ø! tr) 0 N - .... .., ..... ~ "'"' '"" Ü " " . - 0 ...., .u '" co _ _ - N 0'""1 V\ _ UJ "~ .; ~ ! ~ ~ l)~~ 5 . (I) ..:3 .~ . æ"if-c ~ è .5 .~§ .... ~ _ u.I. Q ~ c:; ., .~ "§ 1:1 >. s:, 0 II) = t) < ;¡¡ =' B !ij" 00 <= ...o.~ L- to- t- - - ~ 0 ~ .~ c ~ lit¡ r-" ON ~ co GO ~o.. iId " ~ C1 ~ N t't) log \0 - rr\ ~ .~ -e .f .B Q:>-g~ -¡¡!?! fI:I Q 'tS'::tþs ~ 1::1 - v - :-~ 181+"" eo os ... .B ~ ,...~ rt"I = 0 0 ~ "S ~ ¡¡ ~ ~ rIJ Q ~ ~B ] -=-ij] 111 _rF./ ÞO"-I == ~ ~ <t'j B ,,~§: .fl ! .0 + ¡ ] ! "i !! ¡ ~ ~ t ~ ~ ~ ·1 i ~ a ;:) ~-~~:'G....~ e.;;. þo6é~~ E-4 [!-'IrIl~ l.'¡J~ss öø:~f!;E -""'M.V\ EXHIBIT "C" . Zoning 61 F. SCREEN ENCLOSURES. All screen 3. A certificate of occupancy for a e~losures (screen walls and screen roof) shall comply structure or premises. shall not be issued until the with building side yard setback. No screen enclosure required parking area has been inspected and approved shall be constructed closer than eight (8) feet from by the development director or his designee. rear property line and no screen enclosure shall be constructed in front of the building line. On comer 4. Residential driveways sball satisfy the lots. property bordering both streets shall be parldng space requirements for single· family detached considered as front yards. dwelling units. duplexes. and multifamily dwelling units containing garages. provided such driveways are G. TOWN HOUSE. All town house of sufficient size to meet the parking space developments shall conform to the district zoning and requirements of this subsection. shall meet the following minimum requirements: 5. No fewer than four (4) parking spaces 1. Each town house shall have its own lot shall be provided for any nonresidential use. area. each yard private and reasonably secluded from . view of streets or neighboring property. 6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces. 2. Each town house shall have a direct . where eighty (80) per cent or more of the parking automotive access from the off-street parking space to demand falls within a twenty·four·hour period each a public street. week. Sod may be substituted, only for the area of parking stalls. All driveways. aisles. and 3. _ ,All outdoor. rear yard areas used for maneuvering areas shalt be hard-surfacëd and shall . drying of clothes shall be screened from view from conform ·,to the design require~contained in the street and from adjoining yards and lots. Chapter 23, of·the" City of B{lyntonBeacl1 LaItd Development Regulations. Sod parking stalls shall 4. Parking space shall be provided for as have a base consisting of not less than eight (8) inches by Section 11-H. of stabilized shell rock, lime rock. or sand, or an H. PROVISION OF OFF-STREET PARKING I equivalent material as approved by the development director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas SPACES. with ninety (90) degree parking stalls and two-way 1. All off·street parking areas shall traffic in aisles. as specified in Chapter 23 of the City conform to the design and layout requirements of of Boynton Beach Land Development Regulations. Chapter 23 of the City of Boynton Beach Land Development Regulations. and shall be approved 7. Parking space requirements shall be according to the procedures contained therein. computed on the basis of the principal use of a structure or lot, and using gross floor area unless 2. For all required residential district stated otherwise in paragraph 16 of this subsection. - parking spaces not within an enclosed garage, the first Gross floor area, for the purposes of this subsection, parking space shall be the minimum of the current city shall include the floor area occupied by the principal standard for a handicap space exclusive of public or use. plus the floor area occupied by all accessory private right-of·way. All other spaces where multiple vehicle parking is required shall be provided in accordance with current city standards exclusive of public or private right-of·way. All spaces, regardless of size. must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. 2003 S·20 ,-,.<---. "".~---,._.<'. ~ ""'~'~"".,~<'~~-'.,,,,,,-..~~~,-'<--' -, - 62 Boynton Beach Code uses, including storage rooms, maintenance and season parking demand based on statistical data mechanical rooms, offices, lounges, restrooms, furnished by the Urban Land InstiUlte or an equivalent lobbies, basements, mezzanines, and hallways. traffic engineering or land pl,nning and: design organization. Quantitative evidence may also include, 8. Where several principal uses exist in where appropriate, field studies aud traffic counts one structure or on one lot, parking space prepared by a traffic consultant experienced in the requirements shall be computed separately for each preparation of parking sUldies. In addition, a principal use, unless stated otherwise in paragraph 16 minimum buffer of ten (10) percent shall be provided of this subsection. Where parking spaces are required to ensure that a sufficient number of parking spaces in paragraph 16 for each of several principal uses that are available at the peak hour/peak season of parking commonly occur together, this is done for the purpose demand. Calculation of said buffer shall be based on of clarification only, and shall not limit the application the total number of parking spaces determined to be of the requirement contained in this paragraph. required at the peak hour/peak season of parking demand. Evidence for joint allocation of required 9. A use shall be considered a principal parking space shaD be submitted, to the technical use, for the purposes of this subsection, if it could review board, and approval of joint allocation of exist separately from aU other uses in the same required parking spaces shall be made by the City strUcture or on the same lot, and would by itself Commission, after review and recOmmendations by generate significant parking demand. the plamiing and development board. 10. Where a use is located in a shopping 14. Where the number 'of required parking ccliter, office building, or office-retail coq>lex, the spaces as computed includes a fraction, the number of oarkiDg space requirement for the shopping center, required parking Spl>;('..es shall be the computed number Jfñce bUi1ding, or office-retail complex in which it is rounded tò ð1e'ilexihighest whole number. located sha1l apply; except that where a theater is located in a shopping center the parking space 15. There shall be provided off-street requirement for theaters shall apply for the seating or handicapped parking spaces consistent with Chapter gross floor area of the theater. 23, Article n.K of the Boynton Beach Land Development Regulations at the time of the erection of 11. Where several principal uses exist in any strucUlre or the enlargement of any strucwre. one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the 16. Except as provided in Subsection 1.(4) parking space requirement for the use requiring the below, there shall be provided, at the time of the greatest number of parking spaces shall apply. erection of any strucUlre or establishment of any use, a number of off-street parking spaces in accordance 12. Where a use is not listed below t parking with the fonowing minimum requirements, and subject space requirements shall be determined by the City to paragraphs 1 through 15 of this subsection. Where Commission after review and recommendation by the a strucUlre or use is enlarged or incre~ed in capacity planning and development board. by any means, including a change in bunding occupancy which requires the provision of additional 13. Parking spaces required in this parking spaces, or a change in use to or e which ordinance for one use or structure may be allocated in requires additional parking spaces, the minim~lIl1 part or in whole for the required parking spaces of number of parking spaces shall be computed by another use or structure if quantitative evidence is applY;'lg these requirements to the entire strucUlre or provided showing that parking demand for the use. different uses or structures would occur on different IYs of the week or at different hours. Quantitative a. DweDings, lodging and other evidence shall include estimates for peak hour/peak buildings for habitation: 2001 5-16 Zoning 63 (1) Single-family and duplex c. Government, institutional, and dwellings: Two (2) parking spaces per dwelling unit. educational uses: (2) Two or more bedroom (1) Government and govcrmnent- apartments: Two (2) parking spaces per dwelling unit. owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply. (3) One-bedroom and efficiency apartments: One and one half (1.5) parking spaces per (2) Community centers: One (1) dwelling unit for each efficiency and/or one-bedroom parking space per one hundred (100) square feet of apartment. gross floor area. (4) Dormitories: One (1) parking (3) Libraries and museums: One space per rooming unit. (1) parking space per three hundred (300) square feet of gross floor area. (5) Rooming and boarding houses: One (1) parking space per rooming unit. (4) Day care centers and nursery schools: One (1) parking space per three hundred (6) Hotels, apartment hotels, (300) square feet of gross floor area, plus adequate motels, apartment motels, and time-sharing hotels and provision for a convenient drop-off area adjacent to motels: One and one-quarter (1.25) parking spaces per the building providing unobstructed ingress and bedroom. egress. (1) Hospitals: Two and one-half (5) Elementary and junior high (2.5) parking spaces per bed. schools: One (1) parking space per five hundred (500) square feet of classroom floor area, including floor (8) Nursing homes, convalescent area of shops. homes, and sanitariums: One (1) parking space per three (3) beds. (6) Secondary schools and high sc:hools: One (1) parking space per one hundred (100) b. Assembly: square feet of classroom floor area, plus one (I) parking space per two hundred (200) sqUare feet of (1) Churches, temples. and other floor area occupied by shops. places of worship: One (1) parking space per four (4) seats in the auditorium. but not less than one (1) (7) Colleges, . universities, parking space per one hundred (100) square feet of seminaries, and technical or vocational schools: One gross floor area fat the auditorium, plus required (1) parking space per fifty (SO) sqUare feet of parking spaces for any other priDcipal uses, including classroOm area, plus one (1) parking space per two offices, classrooms, meeting rooms. recreation hundred (200) square feet of floor area occupied by facilities and dwellings. laboratories or shops, plus required space for any other principal uses, including offices, libraries, - (2) Theaters, auditoriums, auditoriwDs, and recreation facilitieS. meeting rooms, and other places ôf assembly:Qne (1) parking space per four (4) seats, but not less than one (8) Specialized instruction, (1) parking space per one hundred (100) square feet of including dance, art, and self-defense instruction: One gross floor area. (1) parking space per two hundred (200) s~e feet of gross floor area. (3) Clubs, lodges and fraternal organizations: One (I) parldngspace per one hundred d. Retail services, restaurants, and (100) square feet ofgròss floor area. offices: 2001 8-16 ~ ~_~'_h~~~_-_·"'_ · 64 Boynton Beach Code (1) Restaurants, bars, cocktail of paved or unpaved outdoor area used for the storage lounges, dance halls, and all other eating or driDking or display of goods for sale or for rent. establishments: One (1) parking space per two and one-half (2.5) seats, but not less than one (1) parking (11) Boat sales or rental: One (1) space per one hundred (100) square feet of gross floor parking space per five hundred (500) square feet of area. gross floor area, plus one (1) parking space per ten thousand (10.000) square feet of paved or unpaved (2) Shopping centers: One (1) outdoor area used for the storage or display of boats parking space per two hundred (200) square feet of for sale or for rent.· gross leasable floor area. (12) Retail establishments not listed (3) Office-retail complexes: One elsewhere:. One (1) parking space per two hundred (1) parking space per two hundred (200) square feet of (200) square feet of gross floor area. gross leasable floor area. (13) Personal, professional. and (4) Retail gasoline sales. retail business services not listed elsewhere, including automoûve parts and/or accessories sales, and testing, repairing, and servicing: One (1) parking automotive repairs, including major repairs, but space per three hundred (300) square feet of gross excluding automoûve paint and body shops: One (1) floor area. parking space per two hundred fifty (250) square feet of gross floor area. (14) Laundromats or dry-cleaning pick-up staûons, and laundry or dry-cleaning plants (5) Bakeries: One (1) parking located in commercial zones: One (1) parking space space per two hundred (200) square feet of gross floor per two hundred fifty (250) square feet of gross floor area. area (for laundry or dry-:cleaning plants located in industrial or PID zones, see (f)(3». (6) Florists and retail sales floor area of greenhouses: One (1) parking· space per two (15) Printing, engraving, or hundred (200) square feet of gross floor area. publishing located in commercial zones: One (1) parking space per three hundred (300) square feet of (7) Grocery stores and food gross floor area (for prinûng,engraving, or publishing stores: One (1) parking space per two hundred (200) located in industrial or PID zones. see (1)(4». square feet of gross floor area. (16) Funeral homes: One (1) (8) Automobile, truck, parking space per two hundred (200) square feet of motorcycle, trailer, and recreation vehicle sales or gross floor area. rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus required parking (17) Kennels and animal hospitals: spaces for outdoor storage or display of goodS for sale One (1) parking space per three hundred (300) square or for rent. feet of gross floor area, including area of outdoor kennels. (9) Small equipment and tool rental establishments: One (1) parking Space per two (18) Financial instituûons and hundred fifty (250) square feet of gross floor area, services: One (1) parking space per two hundred fifty plUs required parking spaces for outdoor storage or (250) square feet of gross floor area. display of goods for sale or for rent. (19) Medical and dental èlinics, (10) Outdoor storage or display of offices. and office buildings: One (1) parking space goods for sale or for rent,-exceptboats: One (1) per two hundred (200) square feet of gross floor area. parking space per five thousand (5,000) square feet Zoning 65 (20) Offices and office buildings (7) Bowling. alleys: One (1) not listed elsewhere: One (I) parking space per three parking space per two þundred fifty (250) square feet hundred (300) square feet of gross fIoor area. of gross fIoor area, including fIoor area of all adjoining uses, including restaurants, bars, pool (21) Art, craft,graphics, and rooms, and amusements. photographic studios: One (I) parking space per three hundred (300) square feet of gross fIoor area. (8) Gymnasiums and health centers: One (1) parking space per three hundred (300) (22) Beauty and barber services: square feet of gross fIoor area. Parking space One (I) parking space per one hundred (100) square requirements may be computed separately for fIoor feet of gross fIoor area. area occupied by athletic courts, swimming pools, or other principal uses for which parking space (23) Furniture stores: One (1) requirements are listed in this ordinance. parking space per five hundred (500) square feet of gross fIoor area. (9) Arcades, pool halls, and other indoor amusement places not listed elsewhere: One (1) (24) Automotive paint and body parking space per one hundred (100) square feet of shops: One (1) parking space for every three hundred gross fIoor area. (300) square feet of gross floor area. In addition, each overhead door and interior spray booth may be (10) Marinas: One (1) parking counted toward a parking space, provided there is a space per boat slip, plus required parking spaces for minimum area, the size of a standard parking space, any other principal uses, including hotels and motels, between an overhead door and an interior spray restaurants,retail floor area, charter boats, sightseeing booth. However, in no case shall less than four (4) boats, drift fishing boats, and outdoor lots occupied by outside parking spaces be provided. boats for sale or for rent. e. Recreation and amusement: (11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) (1) Swimming pools: One (1) seats on each boat, but no fewer than two (2) parking parking space per thirty (30) square feet of water area. spaces pet boat. (2) Ice skating and roller skating (12) Condominium and housing rinks: One (1) parking space per one hundred (100) development recreation buildings: A mix of five square feet of rink area. parking spaces, plus one (1) additional space per 300 square ·feet of gross floor area of office use for leasing (3) Indoor athletic courts: One (1) or management purposes located in recreation parking space per one thousand eight hundred (1,800) buildings or separate structures (handicapped spaces square feet of gross floor area. should be pursuant to ADA requirements). (4) Outdoor athletic courts: One f. Industrial, research and (1) parking space per one thousand fIVe hundred development, trades, wholesale, and warehouses: (1,500) square feet of court area and adjoining paved area. (1) Manufacturing and industrial uses not listed elsewhere: One ( 1 ) parking space per (5) Golf courses: Eight (8) two (2) employees, but DOt less than one (1) parking parking spaces per hole. space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other (6) Miniature golf courses: One principal uses, including office or retail floor area. (1) parking space per five hundred (500) square feet of lot area occupied by the playing area. 2000 8-14 .-~~-=~,,-,-",,____,,",,,"-,,,,,,,,,,,,-,,,,,,,,,~~:<---~,,,,,,.,_,_,~ _'....,_' no'~ ';--^--~""--''',,~--=-" <-.--.. 66 . Boynton Beach Code (2) Utility plants: One (1) (9) Laboratories and research parking space per two (2) employees, but not less and development: One (1) parking space per three than one (1) parking space per five hundred (500) hundred (300) square feet of gross floor area. square feet of gross floor area; plus required parking spaces for any other principal uses, including office g. Miscellaneous uses: floor area. (1) Taxi offices and bus stations: (3) Laundry or dry-cleaning One (1) parking space per one hundred (100) square plants located in industrial or PID zones: One (1) feet of gross floor area. parking space per five hundred (500) square feet of gross floor area (for laundromats, laundry or (2) Communications facilities, drycleaning pick-up stations, and laundry or including broadcasting facilities and telephone drycleaning plants located in commercial zones, see exchanges: One (1) parking space per one thousand (d) (14». two hundred (1,200) square feet of gross floor area, plus required parking spaces for any floor area (4) Printing, engraving, or occupied by offices. publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less (3) Greenhouses: One (1) than one (1) parking space per five hundred (500) parking space per two thousand (2,000) square feet square feet of gross floor area (for printing, of gross floor area, plus required parking spaces for engraving or publishing located in commercial any retail floor area. zones, see (d) (15». I. LOCATION OF OFF-STREET PARKING (5) Warehouses and other indoor SPACES. storage facilities, warehouse-industrial complexes: One (1) parking space per eight hundred (800) 1. Required parking spaces for all square feet of gross floor area, but not less than two dwellings shall be located on the same lot as the (2) parking spaces per rental unit of five hundred dwelling to be served. (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, 2. Required parking spaces for all other including retail and office floor area. Parking for uses shaJJ be owned by the owner of the building or multi-access facilities shaJJ be provided at a rate of 1 space per 200 storage bays plus 1 space per 300 feet of office space and· 2 security spaces. Parking for limited access facilities Shall be provided at a rate of 1 space per 75 storage units, plus 1 space per 300 feet of office space and 2 security spaces. (6) Wholesale establishments and distributing: One (1) parking space per eight hundred (800) square feet of gross floor area. (7) Moving and storage operations: One (1) parking space per eight hundred (800) square feet of gross floor area. (8) Truck terminals and transfer stations: One (1) parking space per eight hundred (800) square feet of gross floor area. 2000 S-14 VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM F AGENDA ITEM REQUEST } ~.n.L"" 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 IS, 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) [8J July 20, 2004 July 5, 2004 (Noon) D Administrative D Legal NA TURE OF D Announcement 0 New Business AGENDA ITEM D City Manager's Report D Presentation [8J Consent Agenda D Public Hearing [8J Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Authorize the use of Community Investment Funds from Mayor Taylor ($2,000), Commissioner Bob Ensler ($1,000), Commissioner Mack McCray ($2,000) and Commissioner Carl McKoy $2,000) for the Peacemaker Program of the Boynton Beach Faith Based Community Development Corporation EXPLANATION: Commission approval is requested for allocation of $7,000 of community investment funds to the Peacemaker Program of the Boynton Beach Faith Based Community Development Corporation. PROGRAM IMPACT: Allocation of funds will assist the above program. 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. ~ City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Agenda Item Request Memos\Peaœmaker Program of the Boynton Beach Faith-Based CDC - 7-20-04.dot 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 McCray 400 American Legion Auxiliary Unit 2BB/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 07-01-04 S:\CC\WP\CCAGENDA\Community Investment Funds\COMMUNITY INVESTMENT SUMMARY 07-01-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request (to be completed by City Clerk) Date of Request: July 20, 2004 Requested by MayorJerry Taylor Amount Requested: $2,000 Recipient/Payee: Boynton Beach Faith Based Community Development Corporation Description of project, program, or activity to be funded: Peacemaker Program that addresses the potential delinquency problem at an early age. This is a program of behavior intervention and academic support. Dated: 07/01104 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. $3.295 has been used to date by the requesting Member, leaving a balance of available funds of $8,705. This request would bring the available amount down to $6,705. Accordingly: t:f" There are funds available as requested D There are insufficient funds available as requested. Dated: J!J.!c>~ BY:~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) D The proposed expenditure of funds will not result in improvement to private property; D 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; D 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 D 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\CCAGENDA\Communlty Investment Funds\Mayor Expenditures\Peacemaker Program - Boynton Beach Faith-Based CDC - 7-20-04.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: 7/20/04 Requested by Commissioner Mack McCray Amount Requested: $2,000 Recipient/Payee: Boynton Beach Faith Based Community Development Corporation Description of project, program, or activity to be funded: Peacemaker Program that addresses the potential delinquency problem at an early age. This is a program of behavior intervention and academic support. Dated: 07/02/04 . p~ 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. $5,900 has been used to date by the requesting Member, leaving a balance of available funds of $6,100. This request would bring the available amount down to $4,100. Accordingly: 1!1" There are funds available as requested 0 There are insufficient funds available as requested. Dated: 7 - 9-ð4 By: JD~ ~ 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\Commissioner McCray\Peacemaker Program - Boynton Beach Faith Based CDC - 7-20-04-1.doc _~_'.____,O. ~~._~~---~~..- _ . . '__.;.______-"''_......................;.'_ .___ ,< _.._,_ ~, __,""-"_<_"*....~__~~ k. >__"-,_~~". -~ ~>,-,'.----->. EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: 7/20/04 Requested by Commissioner Carl McKoy Amount Requested: $2,000 Recipient/Payee: Boynton Beach Faith Based Community Development Corporation Description of project, program, or activity to be funded: Peacemaker Program that addresses the potential delinquency problem at an early age. This is a program of behavior intervention and academic support. Dated: 07/02/04 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. $2,500 has been used to date by the requesting Member, leaving a balance of available funds of $9,500. This request would bring the available amount down to $7,500. Accordingly: e'" There are funds available as requested 0 There are insufficient funds available as requested. Dated: 7- C¡-D~ By: ~ ~ 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\Commissloner McKoy\Peacemaker Program - Boynton Beach Faith Based CDC - 7-20-G4.doc EXHIBIT A COMMUNITY INVESTMENT FUND rnSBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: 7/20/04 Requested by Commissioner Bob Ensler Amount Requested: $1,000 Recipient/Payee: Boynton Beach Faith Based Community Development Corporation Description of project, program, or activity to be funded: Peacemaker Program that addresses the potential delinquency problem at an early age. This is a program of behavior intervention and academic support. .Þ Dated: 07/02/04 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. $4,878 has been used to date by the requesting Member, leaving a balance of available funds of $7,122. This request would bring the available amount down to $6,122. Accordingly: ~ There are funds available as requested 0 There are insufficient funds available as requested. Dated: 7 ~ q -D 4 By: ~~ð ~ 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; o 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\Commissioner Ensler\Peacemaker Program - Boynton Beach Faith Based CDC - 7-20-04.doc _ __~O_.., '_'_'__.__ ____ 'n> ."_._'_R,~~'-->,.'"_ ,"-,"'+_<0<-"'" Boynton Beach City Manager's Office Memorandum TO: Honorable Mayor & City Commission FROM: Kurt Bressner r City Manager DATE: June 29, 2004 SUBJECT: Request for funding Boynton Beach Faith Based CDC Attached is a proposal for funding for the Peacemaker Program of the Boynton Beach Faith Based CDC. The request is for $8,422.50 or any partial amount. In February 2003, the City Commission approved the allocation of $17,137 from Clipper Cove Bond Closing Fees for implementation of the youth after school leadership program through June 2003. Funding is not available through the city this year, however, if you would like to donate a portion of your Community Investment funds to this program, please advise Joyce so that appropriate paperwork can be prepared. The chart below indicates what portion of your Community Investment funds has been expended and how much is still available. Name Amount Amount Still Expended Available Mayor Taylor 3,295 8,705 Vice Mayor Ferguson 2,000 10,000 Commissioner McCray 5,900 6,100 Commissioner McKoy 2,500 9,500 Commissioner Ensler 4,878 7,122 jc Attachment ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORA1"ION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 June 4, 2004 Chief M. Gage Police Department City of Boynton Beach 100 E. Boynton Beach Ave Boynton Beach, FL 33425 Funding Request Dear Chief Gage: The following document is a proposal for funding for the Peacemaker Program of the Boynton Beach Faith Based CDC. We réquest the sum of $8,422.50 or any part that you can fund from the Law Enforcement Trust Funds. As we discussed; the proposal includes letters from school principals. The letters indicate school participation, assuring that proper information to perform tracking will be available to the Program and demonstrating a partnership between the CDC and the schools. In addition we have included letters from several parents whose children participated in the Peacemaker Program in 2003. The Boynton Beach Faith Based CDC awaits your early reply. Sincerely, ;!JJîÆ David Zimet Executive Director ,-' -~._---~"~-'~""'--~'------'~""""'-""---_.-"-- --' . BOYNTON BEACH FAITH BASED CDC PEACEMAKERS PROGRAM INTRODUCTION AND BACKGROUND Poor academic achievement has consistently predicted later delinquency. Through early, school-oriented, intervention the Peacemaker youth project addresses the potential delinquency problem earlier in age. The goal of the project is to improve academic performance and in-school behavior of elementary school students who exhibit behavioral difficulties that hinder academic progress or achievement. The goal is to be attained through a behavior intervention and academic support regime designed to prevent tendencies that lead to undesirable outcomes and to improve social and academic performance. In the spring semester of 2003 the Boynton Beach Faith Based CDC conducted a pilot youth leadership and development program for students from two eJementary schools. The students were referred to the program by their schools (Galaxy Elementary and Poinciana Heights Elementary) because of poor performance in school. Based upon the reactions of teachers (and their principals) whose students participated in the project, the program was successful in modifying students' behavior as well as improving their performance. (See attached letters from the principals.) The project was a success (see attached letters). The Boynton Beach Faith Based CDC is a grass roots organization formed by community residents and governed by a board of directors made up of over 50% community residents. The Peacemaker project was created as a response to a problem identified by the community and teachers at the local elementary schools. History and Summary The Boynton Beach Faith Based Community Development Corporation (CDC) Youth Leadership Program (Peacemakers) served 40 (started with 40 ended with 35) participants who were identified by their schools. The children exhibited risk factors that ultimately lead to self-destructive and risk-taking behaviors. These participants (in grades 3-5 identified by Poinciana and Galaxy Elementary School) benefited from early intervention and prevention strategies, that support family, school safety, reduction of neighborhood violence, juvenile delinquency and drug abuse (see letters of support). The COC has developed a highly motivated youth committee that successfully implemented the program last academic year. The principals of Poinciana Elementary and Galaxy Elementary believe that 2002/03 was successful and would like to continue the project. GOAL, OBJECTIVES, AND PROCEDURES Goal The overall goal of the Peacemaker Program is to develop elementary school youth to become productive adults. The Program is structured to get participants onto the right track to accomplish the goal. Then, through tracking and follow-up assure that the participants continue to be headed in the right direction through middle school and high school. 1 Participants will benefit from increased self-esteem and will learn how to become good citizens. Youth who receive this training and mentoring through the Peacemaker Program of the Boynton Beach Faith Based COC will have a sense of purpose and positive outlook which should help them attain education objectives and to lead productive lives. The students who participated in the program in 2003 had positive outcomes and displayed greatly improved behavior. There is no reason to expect otherwise from future participants. Through use of school records and tracking quantifiable objectives will be measured and evaluated. Measurable Obiectives The measurable objectives are related to behavior and academic performance: 1. Increase parents' participation in their children's school activities - parents will participate in at least two Peacemaker or school activities per month (one during the three week summer program), 2. Improve student in-school behavior -discipline referrals will be reduced by 50%, and 3. Improve academic performance )- FCA T scores will increase - 65% of participants will demonstrate at least one year's improvement )- Scholastic Reading Inventory (SRI) will improve for participants at a greater rate than average; there will be no decrease over the summer (as is the norm) - end of school SRI and fall will be at least equal; )- GPA's of participants will increase by at least one-half a grade point in language arts and math; and )- At least 70% of participants will graduate from High School. In sum, through the Peacemakers Program the Boynton Beach Faith Based CDC and collaborating schools will provide a replicable model that brings together schools, community based organizations, and residents into a collaborative partnership that leverages the strength of each group to improve student performance socially and academically. Procedures The Peacemaker Program will work closely with the Principals and appropriate faculty of Galaxy and Poinciana Elementary Schools. The Boynton Beach Faith Based CDC will receive a list of students from each school. After getting the necessary privacy waivers signed by parents, the Project Manager together with Peacemaker staff assigned to a student will review relevant information for that student. Academic and behavior related information will be included: )- Scholastic Reading Inventory )- FCA T (if available - do not test every year) )- Relevant information for math achievement 2 m'_"_" ._....._~~. _.' _,'-'O-''''.~'.'' ~ School grades/report cards and ~ Disciplinary referrals. At the end of each school year students take the SRI exam. Participating students will be given the same exam at the initiation of the new school year. Generally, over the summer break students do not retain much of what they were taught the previous year. Those who participate in the summer Peacemaker Program will retain what they had learned the previous school year. There is no similar exam for math. Thus participant math performance will be evaluated through their report cards and teacher assessments. The Chair of the Boynton Beach Faith Based CDC's Youth Committee (Mr. Steve Miller) will serve as Program Coordinator. While it is a voluntary position, the Coordinator wiJi act with full authority of the Board of Directors. Mr. Miller is a Juvenile Probation Officer with the Department of Juvenile Justice. The Project- Manager, a hired position, will report to the Project Coordinator. Together they will make sure that the proper tracking protocols are established and implemented. They will also conduct the mentoring sessions that will be held - before school during the school year and either at the beginning or end of the daily program during the summer. All program staff will report to the Program Manager. He or she will also be responsible for data entry and assuring that all necessary documents and permission slips are complete. Teachers from Galaxy and Poinciana Elementary Schools will serve as tutors and academic coaches for the Peacemaker Program. Teachers from each school have already agreed to participate in the program. The teachers will also perform the necessary academic evaluations and make discipline referrals as appropriate. They will make such referrals to the recreation specialists (who also work a the elementary schools) and to the Program Manager. The recreation specialists will contact each participant's parents at least one time per week to report on the progress. If there are difficulties more contacts will be made and the Program Manager and Coordinator will be involved. The Peacemaker Program requires that at least one parent or guardian of each child participates in a program activity per month - once during the summer. Taken together the regular phone contacts and the parents' active participation will assure parents' involvement in the program. PROPOSED ACTIVITIES, EXPECTED OUTCOMES, AND FUNDING REQUEST The Boynton Beach Faith Based CDC and the principals of the local elementary schools would like to build upon the success of last year's experience and to Jorma lize the project into a multi-year program that tracks students' progress while using student- participants as mentors and that could be replicated elsewhere. Through the acUvities participants will be taught the social skills necessary to succeed in the classroom and in life. The skills will be monitored both during the school day and atter school in the community. Students will engage in activities designed to teach the following lessons: 3 ~ Anger management and learning that retaliation is destructive to all ~ Learning that failure can lead to success, ~ Learning to react to disrespect, » Using self control, ~ Learning to change "bully" behavior, and ~ Understanding responsibility. Through regular reports and through required participation in at least one program or activity per month (one during the three week summer session), parents will be involved and engaged in the program and their children's progress and performance. Summer ProQram When the school year ends the principals of Galaxy and Poinciana Elementary Schools will inform the Boynton Beach Faith Based CDC which students they believe should be in the Peacemakers Program. In order to get the students off to a good start in the school year we intend to start the Peacemakers Program 3 weeks before school starts. Because it will be for a half-day five days per week rather than a before and after school program, special funds are required for the summer program. Like the regular Peacemaker Program, the summer program will have four teachers and two recreation specialists. The teachers will provide academic instruction as well as special program/project guidance. The recreation specialists will mentor the students as well as run the sports program. It is they who will review each child on a regular basis. School Year ProQram The program has two sets of required activities: a before school or early morning program and an after school program. They are related and we require participating students attend both parts. Although part of the program, the field trip enrichment activities are not required. Early MominQ The Peacemaker project is a hands-on practical approach and thus the activities playa central roJe in the project. Breakfast meetings will be held with student participants twice a week at each location (a total of four meetings per week). At these meetings the project manager/mentor will give a pep talk and will invite students to talk about the problems that they had since the last meeting. A typical scenario describes how the meeting functions: Student: "I was sent to the principal's office for fighting on Tuesday." Mentor: "Why were you fighting?" Student: "James was calling me names. I wanted to shut him up." 4 --'~--< ......_, ,,- Mentor: "How else could you have handled the situation? Was fighting the only thing you could have done?" Student: "I think so." Mentor: "It got you no place. All you did was get in trouble. You could have talked to the teacher or another adult." Student: "How could I have done that? The other kids would laugh." Mentor: "Sometimes you have to be stronger in a moral or spiritual way than those around you. It's hard to do, but in the end you're better off." After school Two teachers, assisted by two recreational specialists, will lead each after school session. The after school program will be structured to improve participants' FCAT performance and also to improve social behavior. At least twice a week after school sessions, 2:00 - 4:00 will be held. (Snacks will be provided.) Special programming will be conducted for those who can't go home till 5:00. The afternoon sessions include a recreational activity plus, more importantly, mentoring, homework, and tutoring sessions. Seniors from the community as well as older youth (high school students) will serve as mentors and tutors. Fun Fridays - Friday at Wilson Field 2:00pm to 4:00pm - SNACK (must pick up student from Wilson field or) Schedule of Activities: - After school Program -Monday - Thursday 2:00pm to 4:00pm - SNACK Peacemakers Meetings - Monday - Thursday 7:30am to 8:00am Fun Fridays -Friday at Wilson Field 2:00pm to 4:00pm - SNACK (must pick up student from Wilson field by 5:00pm) (transportation will be provided from Galaxy to Wilson) Field Trips - Saturday times vary - participation depending on behavior. S "t:: 0 0 0 0 0 c 0 L() 0 0 ~ 0 0 0 0 It) c.. :š ~ ~ 0 ('II en N 0 0 0 0 t: CD 0 0 0 0 0 0 0 ...... ~ 0 ~ CD CD CO~ L() 0 0 L() C""t I- c:t) 'O::t I.C) c ... ~ ~ C") ~ E:I7 T- E:I7 T- or- en E:I7 ó'7 ó'7 ó'7 E:I7 .,. ~ c.. :.- - "C "t:: c 0 2 0 0 0 C c.. (.) . 0 ~ en .s 0 0 0 0 0 0 en t: C ~ ~ 0 0 0 0 0 0 ::J 0 ~ 0 ã It) (.) 0 0 0 0 0 I.C) q 0 Ø) ... .c 'O::t I.C) ~ en II) ~ - ::J I'll õ.. 0 - - CD C) - 1J ëi "t:: :J - CI) 0 0 to 0 0 0 0 0 c.. CI) c. I.C) 0 0 0 0 It) en E CD e 0 0 0 0 en en en N t: = N 0 0 0 0 0 ::J ::J ::J ro f c::r n. CD 0 0 0 c. c. c. ('II .... CD ~ CD CD co 0 0 I.C) 'II:t ... C) It: .! C") ~ en e ~ C") ~ ~ CO ::J .c õ.. n. l- I.. - CD E E = U) 1J CD U) 0 c. e n. -.: .... .:.::: ~ Q) ..c 0 Q) 0 ..c E ~ .... 0 I.t) 8. 0 ~ ~ Lri Lri & T'" Ô 0 ..... (§ 0 ~ f C! .... Lri ~ .c II) N 0 ..... .... ..... ..c EI'7 rn C 0 ~ EI'7 .... 0 N 0 ~ II) ~ ..c (§ - 0 ~ - tñ .~ lIS 0 I.t) ro ..c ~ 0 .:.::: t::. ~ 0 0 i I.t) Q) 0 'õ C") EI'7 Q) ~ ..c Lri ~ c rn @i ~ 0 ro .... c r2 ..... II) - Ë Q) ~ 0 C') ro EI'7 0 -0 rn ~ c - -"0 iE .Q - .~ C .... éñ 0 ø <I: .ë c I'll ëi) ro 0 :ë 1:: - .... ;; .... Q) Q) c Q) C ~ ro 0> ro E g > & 0> 0 ~ .2 0 c - c ..c 0> 2 I'll C .... 0> Q) C 0 .... -- ~ 0 0 '5 ro 0 c º ro ø II) II) "5 .... ro ¡¡ II) .~ .... 0> .... :E .9 c 0> .... 0 0> ~ ~ .... 1: > ~ ~ ... e l- n:: 0 .~ Q) .b 1! - CÞ 0 Õ ... II) ~ .;:: II) 0 D. a- U ...,. N > D. c IT: ~ C") .... 0 0 c .... --,.,~--,.. PoìŒìaa &hoot 1203 North Seacrest Boulevard Boynton Beach, FL 33436 (561) 369-7094 Boynton Beach CDC 21190 N. Seacrest Boulevard Boynton Beach, FL 33435 June 6, 2004 Dear Mr. Zimet: Poinciana Elementary School is pleased that we will again be able to participate in the Peacemakers Program. In the past we have found this program to be very beneficial to our students. Peacemakers allow students to have a vision for being successful both behaviorally, and academically_ Poinciana will be able to provide space for your meetings. Our teachers will also be able to provide you with feedback. Thank you again for the opportunity for our children. Please call me if you need further assistance, 369-7094. - Karen Whetsell ELEMENTARY SCHOOL 301 Galaxy Way Boynton Beach, Florida 33435 Phone 561/369-7090 Fax 561/369-7041 Guam Sims Principal Alvin Perlman Assistant Principal June 11, 2004 To Whom It May Concern: Please note that Galaxy Elementary School has been a full supporter of Boynton Beach Faith Base CDC "Peace-Makers" program. This program has been a contributing factor in the overall success of our students attending Galaxy Elementary. This program provides services to our students, which they desperately need.. We look forward to our continued partnership with this organization. In closing, if you shall require additional informatio~ please contaèt me at your earliest convenience. _~.~'__--------'''''''-=-''>"~'__.'~.''~_'___'_'~_'_'''''h~~.~~,...' . ._._,=_,~__H_~_ ~-_ POINCIANA ELEMENTARY MATH/SCIENCE/TECHNOLOGY MAGNET SCHOOL 1203 N. Seacrest Boulevard Boynton Beach~ FL 33435 Phone (561) 369-7094 FaIC (561) 36+7947 Kal'en Whetsell 3ose.ph Sd,neide... P..¡",cip"' Assìst",,,,t P..ìl'\cip"'¡ November 13, 2003 Stephen Miller, Coordinator PEACEMAKERS Program Boynton Beach Faith-Based Community Development Corporation Dear Mr. Miller: During school year 2002-2003, Poinciana Elementary worked collaboratively with Galaxy Elementary and the Boynton Beach Faith-Based Community Development Corporation CCDC) and began a leadership program for the children in our community. This program provided outstanding opportunities for students who learned primary skills that helped them to build self-esteem, manage anger, and develop solid social and communication skills. The PEACEMAKERS Program gave them opportunities to thrive as citizens in our community. Classroom teachers noticed changes in behavior of the students who participated. Students were more consistent with producing homework assignments and they made conscious efforts to adhere to our Single School Culture policy. Students worked hard to earn the field trip rewards. . The PEACEMAKERS Program was very helpful in creating positive improvements for students who participated. Sincerely, "..v~ JtJÀÙ1' " Karen Whetsell Principål KW:ecej POINCIANA ELEMENTARY MATH{SCIENCE{TECHNOLOGY MAGNET SCHOOL 1203 N. Seacrest Boulevard Boynton Beach» FL 33435 Phone (561) 369-7094 Fax (561) 364-7947 Karoen Whetsell 30seph Schneide... P~incipal Assistant P~incipal November 13,2003 Stephen Miller, Coordinator PEACEMAKERS Program Boynton Beach Faith-Based Community Development Corporation Dear Mr. Miller: During school year 2002-2003, Poinciana Elementary worked collaboratively with Galaxy Elementary and the Boynton Beach Faith-Based Community Development Corporation (CDC) and began a leadership program for the children in our community. This program was outstanding opportunity for students who learned primary skills that helped them to build self-esteem, manage anger, and develop solid social and communication skills. The PEACEMAKERS Program gave them opportunities to thrive as citizens in our community. This program consisted of three major components. First, The PEACEMAKERS Group met twice weekly in the mornings before school. They focused on activities promoting conflict resolution, decision-making, social slålls and character development. The second component included after-school activities. The counselors focused on homework assistance, guided recreational activities, service projects, computer tutorial, and/or performing visual arts projects. These activities fostered positive association with their peers, school affiliation and bonding. The final component, case management, staff met with students individually to mentor and monitor progress. The PEACEMAKERS Program:waS successful at Poinciana Elementary and was certainly a welcome addition to our èxtra curricular activities fostering personal growth and development for our ~dents. / ..- / " / Sincere») / IÍ' / ;' ¡ /I! ./ .. .:' , . - " r/ . /~ j /rÎ ¡.. , / /! (f /V -1 ¡/ / f ff / í . '-1. ; ,./ í. V! l. V f Ÿ L ~ Æ Joseph Schneider \....,/ \ Assistant Principal -.--"",. .æ:..._...... ---"'--~~- ..>..---.~-.~_......'V'"O,"~_._~.~._.~__o......._,_"_ , CONGRESS MIDDLE SCHOOL A Math. Science and Technology Magnet e-p-, 1M t4e 17SE/ Kathy E. Harris Principal May 21,2004 Steven E. Miller PEACEMAKERS Program Boynton Beach Faith-Based Community Development Corporation Dear Mr. Miller: During school year 2002-2003, Galaxy worked collaboratively with Poinciana Elementary and the Boynton Beach Faith-Based Community Development Corporation (CDC) and began a leadership program for the children in our community. This program was an outstanding opportunity for students who learned primary skills that helped them to build self-esteem, manager anger, and develop solid social and communication skills. The PEACEMAKERS Program gave them opportunities to thrive as citizens in our community. The PEACEMAKERS Program was successful at Galaxy Elementary and was certainly a welcome addition to our extracurricular activities fostering personal growth and development for our students. Many of the participants ftom the PEACEMAKERS program attend Congress Middle School presently. They have shown improved behavior, attitudes and academics, which are a direct result of the PEACEMAKERS program. .~ 101 South Congress Avenue. Boynton Beach. Fl. 33426 . Phone (561) 374-5600 Fax (561) 374-5642 \~«, BVOi~J Mr. Steve Miller c/o Boynton Beach Faith Based CDC 2191 N Seacrest Blvd Boynton Beach, FL 33435 Dear Mr. Miller; Thanks for giving my son Reginald Burgess the opportunity to improve himself by participating in the Peacemaker Program. Reginald showed a good deal of improvement last year when he was enrolled in the program. His behavior improved in school - he got fewer referrals and had less fights. His grades improved too. The Peacemaker Program really made a difference. Thanks, /?uJn ~ .' .--: / ( Terrlyn Balam --'~--- -.., · Mr. Steve Miller c/o Boynton Beach Faith Based CDC 2191 N Seacrest Blvd Boynton Beach, FL 33435 Dear Mr. Miller: Thanks for giving my son Tyrell Hankerson the opportunity to participate in the Peacemaker Program. He benefited greatly from it. His behavior improved in school - he got fewer suspensions and had less fights. His grades improved too. The Peacemaker Program really made a difference. ~. //{¿ - , Valerie Ha VI.-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM G. AGENDA ITEM REQUEST FOL...._ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 6, 2004 March 15,2004 (Noon.) o June I, 2004 May 17, 2004 (Noon) o Apri120,2004 o June 15,2004 ("") April 5,2004 (Noon) May 31, 2004 (Noon) c> ("") -{ .&:"" -1-< o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 c -<0 June 14,2004 (Noon) ë ,;>""t1 :z: rc;c o May 18, 2004 May 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) N :'"T\c:> \.D ::0-< :':>::z: -U ,()-1 ::It ~O 0 0 :::> :z Administrative Legal ~ ""t1c;c NATURE OF 0 Announcement 0 New Business W :::!'T1 ("")þ AGENDA ITEM \.0 'T1(""') 0 City Manager's Report 0 Presentation :I: [8J Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Authorize payment to Florida East Coast Railway Co. LLC in the amount of $42,197.69 for crossing rebuilt at ML King Blvd. EXPLANATION: Per agreement City has with FEC Railway, any improvements to crossings within the City will be paid for by the City. PROGRAM IMPACT: None FISCAL IMPACT: Funds are budgeted in the CIP Fund. ALTERNATIVES: None ~'-()~A II -' ð(IP4Æ- ~. Department Head's Signature lty anager sIgnature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITy OF CITY OF BOYNTON BEACH CITy ['R~t:/~TOH l'-1C '-'.,\ S Or ~ COMMISSION AGENDA Of. JUN 2 .: CITY 9 PH 2: 38 APPROVAL OF BILLS OCTOBER 21, 2003 1. Florida East Coast Railway. ............................................................... 42,197.69 Pay from Capital Improvement Program 302-4905-580-63-23 RR crossing upgrades THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. ~ ~ DIANE REESE, FINANCE DIRECTOR - ___ __.~____ .'u__ _<__~__~_.___._,~_._',.~_~____~,._~__~,_____ ~.,_.__.~.~~,~,~._=,__.~___,_<__'.'. A,~>'_'_'>'____'''._ o RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 42,197.69 V# TO: Florida East Coast Railway Company PO Box 863029 Orlando, FI 32886-3029 FOR: Inv. #6531050 - ML King Blvd Crossing Rebuilt Invoice Attached. Requested By: Public Works I Streets Maint. Date: June 23, 2004 Approvals: FUND DEPT BASIC ElE OBJ AMOUNT 302 4905 580 63 23 42,197.69 #J CP0271 Div Head Finance Dept. City Manager 42,197.69 Copy: PW Files/Florida East Coast Railway . ~ FLORIDA EAST COAST RAILWAY COMPANY ORIGINAL INVOICE INVOICE NUMBER rNVOICE DATe- IMPORTANT Shew thl$ Refelrence No, an all correspondence .... 6.531050 05/31/04 DAì¡ DUE This I/1'VDt=tl Is rtue and payable not later than .... 06/15/04 - IN CA$c OF ANY E'](r¡J!:P.TION-TQ· 'Ffi1S.INVeIC~·· - ... CITY OF BOYNTON BCH CONTACT ACCOUNts RECElVASLl: POBOX 310 , FEC RAILWAV co. ST. AUGUSTINE, FL BOYNTON BCH FL 33425 PHON!:: (BOO) 342-1131 EXT: 222a,2229,2~ 2231 E )<. t "2 ~ \{ l -::. ßÖoY'\.,..,' L S ~ I"", Oriqinal Doc No AFE 740765:CrossingRèbuilt œ 311" + ,35D5 1FT IT.. KING BLVD 'j~ Po.v\¢-. l-e. ß\ð.""~ ~ hone 4t .. ad - ..... .\ " -, '., - . ~ . - . . PL~SE R~MIT ~l 42J'197.69.J us FUNDS ONLY OICE REMI,.,. ANCE SUP ~.. HV.SE'" ""'" lBB 752 , IWVOICS NUMBSR INVoiCE D/l.j~ 6531050 05/3~/O4 { OF BOYNTON BCH ~ECEIVE PROPER CREDIT ',E DETACH THIS PORTION OF THE INVOICE bA'ŒDlJ5 [_H~- : t "" å:K ""f!! ¡ _ IAIL IT WITH YOUR CHECK TO: 06/1.5/04 [DA EAST COAST RAILWAY CO. LtC BOX 863029 r AMOUI'oIT ~UE ¡ AluIolJN't "AlD ON THIS SILL IDO, FL 3.2886-3029 42,197.69 I us FUNDS ONLY ~ ~~- , cQInr.'t"I\\ ~NI.lNnOJJt J3J WdH:Z v00Z"ZZ'Nnf _.. _1 'd 0¿v"ON __~~_~~_ _'_ ~ "'_<''- _~--o>---<.~'~_ y , ; ,t AFE 740765 CROSSING REBUILT MP 311 + 3505 FT.:MLK BLVD. MAINTENANCE OF WAY DEFT LABOR = 1,913.57 MAINTENANCE OF WAY DEPT CREW EXPENSES = 368.00 SIGNAL DEFT LABOR = 805.33 SIGNAL DEn CREW EXPENSES = 52.00 NON CONTRACT LABOR =:; 1,236.36 BIG D PAVING 01659 '= 7,237.00 VOLUNTEER TRACKWORKS 1052 = 1,681.00 GULFSTREAM ENGIN'EERING 1975 = 13JSl.OO ROADWAY WORKER SERVICES 032204 = 1,325.00 BOB'S BARRICADES G 383607 = 1,484.00 MATERIALS := 7,499.97 EQUIPMENT "" 4,533.91 WORK TRAIN = 710.35 PERSONAL EXPENSES ;;:;: 43.00 CORPORATE LODGING = 48.00 ACCOUNTING = 109.20 = 42,197.69 ~ r _ , I ( I I - 1 . i ~I.iNllO:JJt :J3.:1 WdH:Z 1700Z . ZZ . Nf1f -~. _Z·d...... _ 0¿17'ON MAINTENANCE OF WAY DEPT LABOR: GIL~ L.E. 11 HOURS = 308.44 ROBINSON, R.L. 17 HOURS ;; 334.05 :ROBINSON, RoL. 1 HOUR 00: 29.48 SAFFELDER, R.G. 17 HOURS = 318.75 SAFFELD~ R.G. '. - 1 HOUR ,- -.- 28~13 - WILSON, J.A. 11 HOURS =- 206.25 WJl,SON, J.A. r HOUR = 28.13 "'" 1,253.23 LABOR OVERHEAD 52.69% = 660.34 ~ 1,913.57 . - .. f- . ] ) I 9NIlNnO:Otl J3.3 WdH:Z ÞøØZ'ZZ'Nnf -- E·d.... - ø¿Þ'ON _.,.'- MAINTENANCE OF WAY DEPT CREW EXPENSES: ROBINSON, R.L. = 138.00 SAFFBLDER, R.C. = 138.00 WILSON) J.A. "" 92.00 ... 368.00 . -~ I I , I I I \ I ! I ~NIlNnO::)::)1j ::)3..:1 Wd2~:2 ÞØØ2'22'Nflf -.- _.Þ·d _. 0Lþ'ON , Þrintl;!d: OS/2512004 1:40p FEC .. Project Cost Details P'age; 1 or 1 740765 O~ From: 01/0WOO4 Thru: j2l31/20Q.4. , Dep~: MoW & S . ProJ e.czt Description Department , . '" 740765 Martin Luther King Blvd. Track Worlc Records· 740765 - Date Work R.eC# Group Work Typo Qty , 0311712004 Z05003S39 EG 9 - Surfacing CrossIng Rehablll~tion 0 0312112004 205003837 EG 9 . Surfaclrl9 Crossing Rehabl!fta1lon 0 OJI21I2CC4 1"06009675 ~ort lauderdale Meçhsl'Ifç Assist Other Section 0 0312212004 205003835 EG 9 - SurfaCing Crossing Rehabmtatlon 0 /..abor-740765 ErnploY9ê Tima crass Houts Amount ·G'¡f'L ~. - ez..QT (Røc:011e - ~ - 11.00 $308.44- ...., Ledger, J, A. i-Straight 12.00 $0.00 ~e- ¿Ir- e -r' MQore, M. 1.s~ght 10.00 $0.00 N P<" ,,- {if:¡4 ---- Robinson, R. L 1-S!raight 17.00 $334,05 D f Robinson, R L. 37-MOW-M&T 3.00 t~¿09' Ir""'~ -" #, eÞ-:5 RobInson, R. L.. S2..oT (RecoJle 1.00 $29.48 éf;,)c p r~ SaffeJdar, R. G. '1-štraight 17.00 $318.75 vP-~ Saffelðer, R. G. 31-MOW~M&T 3.00 _00')· Jbf'". (/6 Saffeldsr, R. G. 62-oT (R~coIle 1.00 $28.13 Wilson, J. A 1~Stralght 11.00 $206.25 wrlson, .J. It. 37·MOW-M&T 2.00 dDP Wilson, J. A. 52-0T (RBCOlle 1.00 $28.13 - - Total: 89.00 $1.621.23 ~1J¡pmrmt - 74C7t31S 10# De$çñptlon HQurs Amoul'lt 6174 99, Utility, Mechanic 11.00 ~.O1 6206 99, 1m. ClCab 17.00 $204.00 RM 1686 Welóer (smaU) 2..00 $8.10 RM 161307 AJr Compressor (Small) 2.00 $18.70 RM1m R.egulator 17.00 $1,360.85 RM 1792 T&1T1pe1' (Jackson) 17.00 $2. 690-25 '&'-.-""-'''-- Total: ~6.00 $4.533.91 iïWéJ~~-740765 WorkRoc# Descrlþticn SoW'CèlCoin~anY Total Cost . 205003831 Contractor Gl.ltmltearn $13,151.00 206003837 Þalllng Big D PaVing S7,237.00 200003837 Traffic MaintarianOð Bob's Barrl'C3des $1,484.00 205003837 Track. Panel VoIW'\fet!r Ttackwortcs $1.681.00 205003837 . Welding Roadway Worker $1,325.00 - Total: $24,878.00 740765 Total: $31,033.14 I I ~NI.LNfl()::>JI:I ::>33 Wd2")::2 Þ0Ø2 . 22' Nnf - S'd ø¿þ 'ON SIGNAL DEPT LABOR: KOOK, R.A. 8.5 HOURS = 229.93 MCCLAm, M.D. 15 HOURS -= 270.45 MCCLAIN; M.D. 1 HOUR "= 27.05 ,.", 527.43 LABOR OVERHEAD 52,69% = 277.90 . "'" 805.33 I ! I . I I I I , , I ) I I I I ~NIlNnO:)JtI :)3J Wd21 :2 Þ'øøz'22'Nnr -..-' 9·d. _0¿Þ'"ON $lG!'1!\L VEPT CFJJ'H WmlSBS: 1\I1cC¡,NN, M.D. ~ 52.00 . . ~ÑllÑf\Ü')~ ')33 \AdZ1 ~Z \1Øø2 . 2Z "I-!f\£ p'rlntecl: OS/O~ 3:16þ FEC - Project Cost Details Page: 1 of 1 7407.§.5 Ohlv "- From: Ml1612,Q04 Thru: 03L31~004 Dept: All ,ºeoartlTlI~~Dts P.~oject Description DepartnJ¡;)nt = "'" , ....:...~ 740165 Martit1 Luther King Blvd. Track . Work Rocorcis :--740755 Date Work RaC# Group Work Type Qty 0311712004 205003$39 eG 9 - Surfudl"lQ Crossing Rehabilita1lon ~ 03f21/2004 296003637 ~G 9 - Surfadng _ .Crossing Rehabiutation 0 03121/2004 106009675 Fort Lauderd~le Mechanic AssIst Other SèÇuon 0 03122/2004 205003635 EG 9 - Surfadng Crossing Rehabilitation a --....-- ..... , Laþor - 740765 ~loY0e ìime Class Houts Amount ~ GII,L,E. 62-0" (Recolfø 11.00 .~¡3~8.~__. Kook, R. A.. 62wOT (Reœlle 6.50 '. ,$129.00'· '../ I ~. )., I.edger. J. A- i-Straight 12.00 ~- $0.00- McCJaln. M. U. f -Straight 15.00 I~'~;:~r~' f) t'!f;tI'( . ... :J,,~~ f McClaIn, M. U. 33-S&C-Meal 2.00 ~~ \,; _ ..~:1t; ~ r ý¡./~ McClain, M. U. 52-0T (RßooIle 1,00 '.:S2t.O.5~ jj , , ~/~~ ..............-.- Moore, M. i-Straight 10.00 , . $0.00 (/Ih~ Robinson, R.. t.. i-Straight 17.00 S334.ß5 R.obil'lSOn, R. l. 37-MOW-M&.~ 3.00 $138.00 )' ...... . Øð Robll'lson. R, L. 62-OT (Racol!e 1.00 $29.4.8 . . Saffeld(;)l'. R. G. i-StraIght 17.00 $318.75 . Saffelder. R. G. 37-MOW·M&T 3.00 S138.00 Saffclder, R. G. 62..oi (¡;œcolle 1.00 $28,13 Wilson, J. A. i~tght 11.00 $206.25 Wilson, J. A, 37-MOW..\J&T 2.00 $92.00 WtlsOf, J. Á. 52-0T (Recofle 1.00 $Zå.13 - T ota!: 115.50 $2,;ZDO.6$ Eqilipment - 740765 ¡ 10# DescriJ;ltlon . Houn; Amount 6174 99, Utility. Mechanic 11-00 $252.01 6206 99, 1tn, C/Cab 17.00 $204.00 RM 1686 Welder (SinaI!) 2.00 58.10 RM ,eS7 Air Compressor (Small) 2.00 $16.70 RM1m Regvla!or 17.00 51,360.85 RM 1752 Tamper (Jackson) 17.00 $2,590.25 ~ Total: 66.00 $4,533.91 740i65 Total: $6,734.57 - , I , i , . i I I J I I ~I-JIlt-r10JJt: ::>3..:1 WdZ~ :Z t'ØØZ'ZZ'NI1f -- _.8' d...-Ø¿17 . OI-J NON CONTRACT LABOR: M. MOORE 10 HOURS @ .21.50 HOUR = 215.00 C.A. STONE 4 HOURS @ 36,96 HOUR ;;:: 147.84 J.L. SCHONDER 4 HOURS @ 26.04 HOUR ~ 104.16 V. SELLERS 2 HOURS @ 18.86 HOUR == 37.72 J.A. LEDGER' . 12 BOURS @ 22.35 HOUR ;: 268.20 772.92 t = LABOR OVERHEAD 59.96% = 463.44 =< 1,236.36 , i , I 1 I I ~N U-,f1()JJ\j ::n:i WdE-¡;:Z vØØZ . ZZ . Nnf . -' . ___6'dL- ØLv'ON :&IG liD" PAVING COMPANY, INC. INVOICE I; hb. Q'l~'W ALUS,ROAD No. MLK 4012 01659 WEST PALM BEAClI FL 33413 Date 03/23/2004 ~\5 Due: 04/0712004 (561)-691-2443 (561)-697-2753 (561)-640..3450 (Fax) '.' To FLORIDA ÉASTCoÄST RAiLWAY - , . ,. REceIVED. cloGARYCLEGG . 353 FLORIDA AVENUE MAR 2 '9 200; FORT PIERCE FL 33450 Customer 80 PO Number 740765 F.Ep. Railway, L.LC. ~ Engineering Services , . ¡ , S~esP.~ RÌCJJ.ÂRD T 'SOUTH '..- . . , . -' . '·1 .......... .......,-... . ~ DescriutioA Pll.otitt unjtPri~ En. Price lŒP AIR. 1 Crollsmg @MartinLuther Kiag Blvd. Boy.uton Beach 32.12 $175.00 S5.621.oo HauHng 120 tons BaI1a.st róck from WPB yard to jöbaite 1.00 :q,200.00 S1,2oo.oo H;n' 1"Û'1 g Bxo~ Asphalt iÌOm site 1.00 $416.00 $416.00 . : ,.' I' : ~~t·;." " . .0; " . ~otàl . ~1~7.00 . . . ,': .··.l·~S~ . ··NET~i5·:nAYS .""/ "r" . " .".;.:¡ J.'; ...~.. ,-, .. )' .~I : ~ .' ";' " 1;." "»:. ~ .~_ ' I.~\ ~ . . . . ..- . ....- set.viœ~' ~ e:.c;.. ...~.. ~.' . I' - . .. - . 'Oe'Å~'i ·jj1'ii9;'1~-:·:ëih~~~?~ ~~id~ C05tCenœr. ~1!! RO If ' ; -;A . Approved ~ ~ " . .l~r. Com : ; I ,~:: . ". 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J'TD.ttll'lllÎs.: tG3.7·0 .. ! /'. . '",;:...,. ;I . Sald.. r 3. atur:-~;·. .' .n..·_~::· ..,' ::.~~~.:_: r.. I :,.: ¡ <. ....;; ... '. I:, .," . . vi .~ ...!J/;." ~ J~~ õØ3/2~12Ø0Ì -:. ';' "-Ø8'~\!I7 '. . I at of:~~~alL'C"Jllbuls ..:.ltv....þ~"1~r.à.:.. -~... -li.~ 1 '., C' ~ ..~':' '.'" , . .... . "":"~-: ......, .:'-> !'~'i' . I· ". .~~.~~: ..-~:...... '; r~,!,~n;~~:~~il4t~'.f.D· ~~þh~~j :II!i'U:"'~Y .Ìlîcr.i~ë "z·ir.ii.tÌPÜÿ:.1:n ~j~Lürt .::-;:". ;:. ':~'!~. .:.~ .:,' !~ ':' :H8~ ~5b un.Yï:: ~~el'. ~~~s prtl2f~iI\'~¡' Ikrt'&¡:¡-Ìb.-.t·~·. .£åJ ~~ wbjèt' t D' ~IlNrìo::):j :n.:!I,,¡¡J,. þJd£~: 2 :,~ .17002' 22 . Nnr· 'lb. ~ }e~il2i~¿ o1."J~Ø2.I7~ON - ~H''¡':',"" ~, ~,,;'...Y;":,:; . :-. .~ . VQLUNTEER TRACKWORKS, LLC Invoice ~ 3531 cENTRAL PARK BLVD. LOUISVlu.E¡ TN 37717 (885) S8D-e288 Fax; (BSS) 98CJ.-B157 3/1512004- 1052 'bc.\ ,"? till T'_' SHIP il' .' .'..', FLOlUD.A EAST COAST RAILWAy VOLUNTEER T:RA.CKWORKS, LLC ONE MALAGA S1:REET 3531 CENTRAL PARK BLVD. ST AUGUSTINE, FL 3Z085 LOVISVlLLE, TN 37777 ATTNW'OE ANDREU 865-9so...9288 Net 30 T.MD 3/1512084 B~Way Q Ij,ii r: !: \ ... ,.-0-,,- _ ',-':: c:... ' i ;'''--- 11_ ; . - ~. ; _:. F: I L. ' J Ir: (}":T :.: ,. j . 1- __!~ M.L. KING BLVD CROSSING 7.1ftJ7¿r' \2 0900 DIST.RI8UT.E.AND CONSTRUcr 20.50 1,681.00 CROSSING PANEL 5EM ENTS DIS~~~E\"e.D APR \ 3 ZOO' R"\\. W Þ. Y COMPANY 1C,4' F.E.C. ~L\ð Po ,., $7ð"/.'f / ~ f 1 J'~ Dåte Keyed ~ J.J.Z.ð¥ ~ L. I ,c Batch # . ~ ~;~::~t #~ ~ ~Q. 71 q ok you fur f01U" b~ess. $1,681.00 TOTAL 9NIlNnO:OI::l J3j Wdt71 :2 t7ØØ2 . 22 'Nnr - .. EI"d. 0¿þ'ON _'__'.L~,~'ò_<,_....._. -~'----"~ . ~Wl>,)....... . ~ . < ~ !Q"~ ~!riQ "'D C) o g~m ~~ ~ c c ~ a~; ~~ r , i o ~ 3 ~~ - .. Pi i ~ I g~~: ~ i g i! g, g ~ r .. ~ ~ôO ~~ ~ ~w< m êt~g <D (g O~e VI ... ~ - - - c:-. ,....... -. i' LU ...C 3 I~ ! ft ~ ~ soz ~ - ~ ~ ~ ~_.~.__.,,_ - - , ;- ~' "" ~ II!"' .......~ ..,......,.,.;._........,~.~;:;! i3 c r""~1'ft .. _' ....... _.. _ Ii' .. ..', '" iII.c:: m -. ôO , ".- ; ¡; :"~=I' õ f ~ %~þ i i i ~!~ ~ ~ ~g !!L · ~Q ~ ~ . .. a 0 r -ß- f b ~ i ~ : ~ f 0000 ~ . íif ¡sg¡ 00 b'i ~r.. ~ ~ i"''2..a. il _~ _ ~øe ,g:~j-~ r~~~ C ~mßB~ lIIIi II. C,t).....~"'J1 :::J oe: -. m ~ 0 ~ 0 ....0 :3 =- O-ð ::I ¡- Dl__1 "~ = __ c: t;,..... i- e ~< 0 o~~· . ~ ~ ø' ~ ; t~ ~ ~n ~>:ï~O ~ 11;'"' 0 :z. r5.5" II'" ìà! _oi~ iêI8P~~ iii Ra~lœ~ Q 0 go. òe D1~~ C a 0 ~ [oJ P} i fÐ II~ I a ~ :e'-" II QClO~ ß.~ j~ i! ~I i~ ~~ ~ ~ ~~;.~ ... fII DO ~ if ~ Q.. 0....... 0 CD I~ 8º egg; ¡¡æ '1» 0 QOOO i .~~ I o 131 =0 a !II. CD gOOO ~¡&Ø { 5"5% f ii 5" PP 00-0 !!.- ñ 8 eo ë:::t b 't; . lit .... 0 0008 Q ...... i ~ . QOO~ ii~, ; . . D , _ tI'§ a::~:!Ii2i! ' i!:!:-øgs-,.¡: . ~ 3 ;_11.. . , m ~, e.g:r::T!Il1! I œ œ m ~m I ~ .....p...A. Ó ~ egg' . p!=". a L!:¡,: ~ QC g8~8 r~ I I I l I i , I I I -", _ d _""", ON ONr.u-ro:x>tJ :>:I.J ",",' ,2 """" . 22 . t-ru . . "-' ~ - ' " - ' ~ rJ'-'\" L. ~ìr...~· ~..:.~ D . I :J -.e~ r~} ~ -4;~ foÇj: ð. ...4 NUIIBEJt OF TRACKs LLJ' , .. ,. ...... .....^ ",' .......llM:r:. -, . I. ~.~" " ,. . . " - .. -I'j"' " .~I""J& ....,.. ~. f ... . ... . . . . .. UStUI1f . . . · . LëNGnI OFCROSSIN6 L" tê: .1 . . . . - . . . . . x- . . . '. . . . · . . x . ~ " . I.. r ; · 4 , "F -- ~ .. , ' q- .. _t " ('-. ~ - - ., ~ ,.- . . p -. .. : . . \ I . , , - " 01 £1 . d...--ø¿v-· ÕÑ !=U,?,'¡'" n ¡:; ~ s){...om'>lr'l:!o- I I ~I,.u.lNnO:)~ :)3.;\ Wdv1:2 . vøøZ'ZZ"Nnr \ . 1 ~ . fþf .J i¡1 GuJiStream INVOICE Engineering Company ~ P.O. BaIt 1liOO1 - ~. PL88e18 . (8OQ) 556-8OõS -lC.(8QS) 5õ6-5888 BILL TO: ServICe ReœlV.;~ ¡j/~G Florida East Coast R.ai1way Co. 353 FloridaAvenue OÈ A~ I (J7d'f . ()q CAP)( # ? ~1t1'..r Ft Pierce, Fl. 34950 Cost Center ~"lJ3 PQ# Attn: Mr. Gary Clegg Appro'(~ Appt'OV Commer¡ Providing labor, equipm.ent, and supervision as neoessmy to reoonsuuct a rail road crossing @ ML. King Blvd., Boynton Beach. MP#31l+3505 ¥R!OOT272478M 3/20/04 Saturday 8 Lowboy w/driver '90.00 720.00 O'SSURGiItMENTS 3/21/04 Sunday RECI::IVED 16 (2) Service V chicle APR 1 8 200ft 15.00 240.00 1 Rail Read Service Vehicle, per day 675.00 675.00 1 185 CFM Air Compressor, per day F.E.C. RAILWAY COMPANY 175.00 175.00 1 COOctete.Asphalt Saw, per day 165.00 165.00 8 (2) Lowboy w/driver 90.00 720.00 16 (2)Excawtorw/opetator (70K Class) D.T. 95.80 1,520.00 8 WJ1eel Loader "'/operator O. T. 61.50 492.00 8 Bul1doænvfoperàtor O.T. 75.50 604.00 8 Viòra1my Coœpactor w/operator O. T. 47.50 380.00 16 (2) Dumptmck w/drivør D.T. 52.00 832.00 8 WatfJr 'I'r\íbk w/driver O. T. 46.00 368.00 8 S1rrvay Crew (vncertified) O. T. 77.00 616.00 8 Supervisot O. T. 18.00 624.00 I 24 (3) Skilled Laborer O.T. 36.50 876.00 4 Abrasive Cutting Blades (~a.) 27;50 110.00 , 4 Drill Bits (ea.) 21.50 110.00 I I 312?104 Monday ¡ \ -r··~~ i 1 k "<r...u For Your BU8Ù1essl' ~'J .. t' 0 , . -"--~ , - - - - , age.. I '. ~NI.lNnO:Ot! :)33 Wdv1:2 vOOZ'ZZ'Nflf -_.~ -91·d. .0¿v"ON .., ., .. iJ GullStreron. INVOICE Engineering ~ Com 4/6/2004 FEe 1975 . p~ 1!0. ~lðOO1· ~OJ\}It,888l8. œoõ) 656-8OS5 .:Pœœot1) ~ ¡ Blu... TO: Florida Bast Coast Railway Co. 353 Florida Avenue Ft. Pierce, Fl. 34950 Attn: Mr. Gary Clegg 8 Service Vehicle 15.00 120.00 1 R.ai1 Road Service Vemclf; per day 675.00 675.00 1 185 CFM Air Compressor, per day 175.00 175.00 8 (2) Lo'WboY'Vi/driver 90.00 720.00 8 Excavator w/operator (70K Class) 82.00 656.00 8 WheølLoaderw/operatar 52.00 416.00 8 Supervisor 65.00 520.00 2 (3) Skilled Laborer "26.75 642.00 1 rl...,. . I i , , I ! ~ --.. ~-- ",....-- _"1 T-.J ,You For Your Business! <, $13j151.00 . ~' : a .. --- ~- ____. ~ -' _~Á":"¡ 9NIlNnO:>::>tI :>3j Wd£1:Z vø0Z'zZ"Nnr -- ¿T'd-0¿V'ON - . ~ --,-..~- '. . ROADWAY WQRKER SERVICES· ~\ t7 PO BOX 500 PONTE VeDRA BEACH!J FL 32004 PHONE 9041273-8121 INVOICE #RWSW032204 . INVOICE RECEIVE Date: March 22. 2004 APR 0 () 200; To: Florida East Coast Railway From: Roadway Worker Se~ Rai1wav: L AttJ1: Mr. Darryl Gabriel PO Box 500 Engi~ ' L General Director, Roadway Maiotenance Ponte Vedra Beach. F[ 3 ng Servi One Malaga street, PO 8c»c 1048 St. Augustine, FL 32985-1048 etSSU RSþtM ENTS REC£IVe:O 'tern Descri on Amount Florida East Coast Railway -Welding: F.E.C. RAilWAY CßMPttNV Priœ Per Date Crew # Locatio'1 Welds Weld Total 3/22/04 2 Boynton Beach (311.7) 4 Minimum'" $1,325.00 $1.325.00 SerVice ReceIVed FEC Project fF. #740765 OE Acd: # t:J. Cost~ Approved 1I11l~~ .~, * For minimum pñcìng, sêê fetter to Mr. Roger Berry 9119103. Terms: NeÍ - 14 days (by agreement to avoid 7 f FEC Railway pays any federal, state or locar taxes m~ aÞ~rr.. I . - . I I I TOTAL- -..-. ··~.OO I , I ¡ I : , . P. O. Box 500 _ + Ponte Vedra Beach, Florida 32004 ! Office 904-27~8121 + Fax 9Q4-273-8122 I t1NIlNf1O:)Jt :)3.i.-.-WdS1:2 vOO2 . 22 . Nflf --81"d-- ø¿v'ON r ~ ROADWAY WORKER SERVICES Phone #904/273..8121 Dally Welding Report Customer fe-e.( e~~ ~ø. 7~ð "'7~r Crew # J, Location ~~¥1'.a&I &:..c« M.t k BL;./). Date 3/1.2/o~ . RR SUPQrvisor ~..-.J tQ~ SubdivIsion _ , Day. M-ø"J .. M!I~po$t ¡rack Rail Weight ot TAP WELD LocaUon Number N/S/EIW Rail TIME' TIME TEMÞ PLUGS rearED BY ~II. 7 ~ r¡¡j i:' 1"..//'12..... 7' J, Jt'f.. E 4l . u 16>. DELAYS: SUMMARY: TRAINS BË~INNING TIME .. ~ TOTAL WELOS _ 4: , W5A THEF( TRACK ACCSSS ENDING TIME '# WELDS TESTJ:D . LOAD MATERIALS " SAFETY 'aRIEFING , íOTAL HOUFtS ~ TOTAL ÞtUGS ~ "- OTHER TRACK HOURS . ',. . _ TOTAL DELAYS . TOTAL OELAYS , COMMENTS: COMMENT~ ~. C~"'/~ TOTAl.. DAILY HOURS {Ò. : ~ IA. ¡ ..... . ' I .... r II'" I ~ ' 1 . r I I ROADWAY WORKER SERVICES : SMPLQYEES: tI-L:UN, 1~/~'J~5-. ." I I ::r3.:sC H~I{,'~'Q f ~ ,.. .' ..... ~. ..'_~ __ \ 4 T'" I JSTOMEI<'$ R~RE8EN'ATlve SIGNATUR~¿ j4 -'": .. ~ ~: "- . ~" )ADWAY VYORI<Ef( SEI<VlCES ~~ :>ReMAN'S SIGNATURE: ~ . Z"ZZ'Nnr ~NI1NnO~~~ ~3~ WdS1:Z vøø -'- --61"cJ- ø¿v'ON '- - i· , MIAMI r:r. LAUb. ÐS.RAY W.Þ.aEACH '!Ñ.fPA ST. ÆÆRSetJRB :\..1. SAAASO'I'A FEC001/727 ~~ BIlE F . ß~_ C. RAILWAY MAItfT & WAY Lt,Lle . . }1ÖGER L.ROB¡NSON ~~NA 353 FLÒRIDA AVENUE ~F15 ~= FT. !J IERCE. . FL 33450 TALlAHASSa (850) 57&·'1800 ITEK 2' I SH aRB 7H 7HA 15HS '~~TYS: ..7·:~::~~·. r~... ..... ., 03/21/04 13 13 10 '·5 ,.,.~. ,,1.: 3 , 16 " 03/22/04 13 13 ~o 5 ~ 16 OS/2sïð4 is 13 10 5 3 16 03/24/04 18 13 10 5 3 16 03/25/04 06/26/04 OS/27/04 ' 03/28/04 I', " '. " '.' , )3/29/04 . ."...,' )8/80104' I,' .'~' ) 11/04' . , , )__ J1/Q4,. '.. " '. " I,. . '... . 141',02/04 . . . , ' . ·4/03/04 4;':04;1-04, 'I...·'·· I ,.,'.,. ." .. _:- 'dO . . "". 4/05/04 . .. , ' I" 4/06/04 .' . '" , ",' 4./07/04 .' . ,. S/08/04: J .,. . ~19g)94";:";~.~~~ü~·.~.:··:,::,,·~~~·".'Þ.: '.' : f......t:,.I..;""..~f.·):·~:~.·....:,~:"":....,·I~'·....:,· ....'j..~...: ~'.'I" ,'. "'~:":."" I". V10/04' l/11/04 ' ,./ ., " - ' . .. ..',.:. .. . ' ,. '" ¿I.' ,,, ,,,. ...... .., . ~, .,......... "10' ....:t .af-4.1""'="-\.",n......IJ:,'" tÞ.,...A. ..~ I¡.....J ._"- 112104~ .' ".. ....,. "' ,,' " ,'" ~.... ~,,'.<' ".0,.. '. '. -, , !:;ervlœ ReceIved . I /13/04 OEAcd:' ð:1øt 09. ,r:m.'''J.!l..tJï/¿,s-. I 1'14/04 . . -3 ...... ,.. .......,. '., , 115/04' I . ". . . EDstCentst.B ~ I 116'104' . ".' ..: . ~ t1. . I "1'1/014 .. '. ¡.¡;" .,; ,-:. . . -'...... ; '18/04 . {. ",';;1" ....... .. ' .,' .,pr:g. I '1£:1/<;)4 '·il. . " ': 'CQm. : '2d/04'.' ".. . . . 1 . ~.'. t . . , , S I . . ß2, 52 . 40 :;~: . " 20 12.. 64' . " r . - . . " . ' I f , . , . ~ . lL ", . , .. " "¡,,, . . DAILY' CHARGE ·4DAYS @ 350_0Q.~ 1;400~OO . . '1 . . I , .. ",: .. \ . ".~ . . '-::-:;-í - - -. ",' (....~ ~. ~SE·PAy..·~FROM THIS' INVOICE L-<: ,-. ' ,,' ;5;~ . '. . ~. h -. ... '-. I -I ~ NO' STATEMENT WILL BE SENT '. ..... .... ( 6.00·.;ol\. -.:..:.. 'J:' '. ,,0:,., '.> ..J.' '. ro: Þ.O,BOx3n69fTAMPA.l=l33ó31-3169 ORIGINAUNVOlce uno............ ....3-' .'WdS1:2 .'17002 22 Nflf . , ~NIINl I .J.JV .J ..:J._. - - -æ'd 0¿Þ·ON_. -. DEUVERY RECEiPT . Bì~ fiJ/AW£XJ(J@J/A(§)(j(ij...... ~ ~~ ~ç- ~~bl\ Y) CUSToMB<sACCT._ ~DlŒSS:' .f ~~ðíW . vI:: /roLK SR, ß¡v.b~ == ~ 1'(\.I:L 1'D1V l£r. MIAMI 0 FT.L-W.P.B. rJI' JACKSONVILLE 0 TAl..LAHASSÈE D . 11M!: '. . ~~ TAllPA 0 ORI.ANDO 0 _~~ 0 . 5::3 0 J'\ YV' DEuliEily LLJ - _~ ¡!P£. - ¡J ;y..---- CIJ8rCMSI'.P.O_........ ADD~ '0 ~éjJf\l . gtrn 8~ t+s SH ~.f J(P 13 i ,} "'~ . .' ".,' , .' , V .1. . I I> ,"" ," '.. I.'" I, , ,"!; . '¡ ....... 1 ....... 'fOTAJ. _ 1 ' LA961p , ,~ ~. e'f"ðUÆ' ...' tâ :t5\;f'.=t1\". . ~- . "".'~ I ,I. __ IAJI.ICS: '. ~"I. ',.;1:'''.'1' r'" 1'.. &.1 '0. p, \ J . ,-.t(· " ....... ,I, . . - ,.. ... . , I., '. ¡o;.... .. ,:1' '\ _" ,,~.. . '-0. . . . , I. I· II,. ~ I ~ : ~ ~ J ."" ¡ - f ,.'.' .' [' ~ r ,'.. ,~ ". 1\' ~. .... ',', '. ~ ¡¡CECOO.' $ .. ". ,or;uVEFf'i'èHG. $ - SET-UpdHC.t; '-$'.,;"?~ ". .;-.:, '/'. J,." "'fl. :'" . . " .' . CU.ft'òer....,~N'A1'U_ ENTBV jEllJ\oeI)' order ,. eubJect to 1he conditions of røntal ahown on the I'Ðverse Side.' :",.,." ¡.... '" . -'" .', -, ;'Ø'Mi Í>\"II'" .~,¡. .~~ ..~~:¡:,.O:!.. >. "r .... ;werw BIde for local addresæs and phonea. INVOICE COpy \ : . I ! I I I , I , , 0Z'ZZ'Nflf 9NIINflOJJ~ J3J Wd91:Z v0 - --1Z'd _0Lv'O>J - , PlCk-UP RECEIPT . 6Ií (!J/A}{jJ[XJf}@)~.,Nc:. ;:::(sr-l ð Ð / NO, . . ÕUSTOMERS~o ~MBER -AENlB>~ _- r-~ ~ .A~ ~ .~ ~: . ~;; ~;';:;'t' '. ~ . ØEUVEAY .. ADÞRess: MIAMI tJ JACKSONVILLE D TALl.At1ASSEE 0 Me GAIt4ES. t:J oRLANDO a FT.MYE~ C;) PICK..UP· .~ ~~ CUSTOMER'S P.OJJoa NUMB~ .' ..... I. . . -. . " .. .'. 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I I : : I : I I i I : I , ~NIlNno:>Jt :>3..:1 Wd9"t:2 v0øz"ZZ'mr 22' d--0¿v"ON - MATERIALS for AFE 740765 ~ Nt,Im~ Data De1ìÇrlptÎOQ ~ Aroollnt D$ 320 3/3112004 OH ON RECOL MTRL 0 357.14 /I 93398 3/30/2004 5/8" X 12" TIMaER SCREW SPIKE 100 99.00 - II '93398'-3/30/2004 CLIP, .tE'· 196 210;'64" II 93398 3/30/2004 TIMBER SPIKE 15116" X 6" 392 309.68 fI 93398 3130/2004 RAIL WELDiNG KIT, 112#1136# 4 382.75 II 93398 3130/2004 CROSSING PAD, 2-1/4" INNER 15 413.88 /I 93398 3/30/2004 TIE ?lATE, ÞANDROL, T~L FOR 6" 98 479.22 II 93398 3130/2004 CROSSINß ÞAD, 2-1/4~, OUTER 30 494.88 II 93398 3130/2004 RAIL, 136-8 RË,HEAD HARDENED 172 2,303.89 II 93398 3/3012004 SWITCH TIE, 10' PREPtA TED WITH 49 2.388.89 7,499,97 - . I I I I I . I I , . ,- . I . ~NUNflOJJI:I J33 Wd9'];:Z 1700Z'ZZ'Nfl[ --£Z'd- UI7 'ON - -, ---' . " , . . , ,;:. ;It . . - . , .. . I I -, . -, ....., , " ,- Equipment - 7407G5 n_ h, . ID# Do&crtp1ion Hour.¡ Amount - 6174 1?9. Utilfty, Mechsnil<: 11.00 5252.01 6206 99. 1m. ClCab 17.00, $204.00 RM 1686 Welder (Small) 2.00 $8.10. . RM 16$7 Air Compressor (Stn.;lU) 2.00 .$18.70 . RM 1777 Regulator 17.00 $1,360.85 RM 1792 Tamper (Jackson) 17.00 $2,690-25 __ _ ., ..,....___ ft Total: &6.00 $4,533.91 " . - " \ . \. .\ ... , ,0 I . I I I , I 0' f , . I I I . t I I " . : : I I . . 17002·2?'mr ~NIlNflO:):)t;; :)3.:1 Wd91:2 ~172' &- ø¿v·o¡...¡ _ WORK TRAIN 1 DAY !;;: 180.00 WORK.1RAIN CREW LABOR 8 HOURS @ 42.54 HR ,.. 340.32 WORK 1'R.Arn CREW LABOR OVERHEAD 55.84% == 190.03 . . L = 71 0.35 , " " - . . r --'"--. ---.-. --- --...-- ....:..-..-. - - .... .... ... . : I ! I ! . 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Z004 Z: 18PM FEC ACCOUNTING NO. 470----P. 29- ----- ! - - "J- ---j .... , - .0. . , . .. j I I I OO'8'Þ' 'I¡¡: l£OÇZ{ DNIÐao'1 fLLV'iIocrnoo . . ,--<-~,..o,>-.., '.<-> Corporate lodging Consultants EJl10J~~~1 Invoice ifF 125032 Date 4/25/04- CQRRECi10r,ts tl...oœJN~ Da~ III ~ ~ AmQ!J.l] ToØIls tår 5S2!i.072S.o7-74a34S ~ : ROBINSON, R. L 5522.0709.09-140157 COMFORT INN 3/30/2004 1 l-SINGLE ~AY \ ......E I Totals for 5522..0709.09-740757 38, I 'A'1!SON, J A 5526.07.09.09-1'401'57 COMFORT INN 3/30/2004 1 l-SINGLE'SïAY - 38 I TotalS for . SS2.6.0709.09-7407S7 38. I ROBINSON, R l 5522.0709;09-740758 COMFORT INN 3/28/2004 1 l-SINGLE STAY 38. R.OBINSON, R I. 5522.0709.09--740158 COMFORT INN 3{29j20Q4 1 l-SING1..E STAY 38. Totals for 552.2.07U9.09-740758 7Eí.~ wrJ.SON, J A 5S26.07051.09~740758 COMFOR.T INN 3/~a/2004 1 ¡-SING!.!: STAY 38.: - __WIlSON, J A " - '" . .- 5526.0709.09-740758 . CGMFO~1" INN" :. . 3!29/2.004, .. 1 i-SINGLE STAY , 3SJ~ TGtals'for 5526.0709.09-740758 . 76.4 LeOGER, J A 5029.0709.09-140765 ECONO LODGE 3/22l2004 1 ¡-SINGLE ST'A Y ~ 48.0 ~ , Totals for SÐ29.D109.Q9~740;6S 48.01 ŒDGER, J A S029.0i'09.09~7407S3 HOWARD JOHNSOtl 4/6/~O04 1 l-SINGLE STAY 68.4~ 1'oœds for 5Q29.0709.09-;14078:3 6S..45 . GRAND TOtAL , 2;Z,700.S8 ~ ~ , . . " . .. . - ,- :. . ._"" .. _....~.""". ...... ~~.'" ,....... --... ...._.-~... I ..... ............__....._ I." . 'f .....;w.~.__.... ....~..',.. ..'~-If.·.. ..._....J;.. .._...-'..........~......... ..-.....-.. . '1"."_' .. . -""#' .. .. ~I.lNnO:):)t! :)3.:1 Wd8~ :2 v002"22'Nnf . 0£'d-- 0¿v·01·,,- - -- ", . . ACCOü1\1'IIN'G: 4 ROHRS @ 17.88 HOUR 7152 L.ABOR QVBRBEAD 52.69% , 37.68 109.20 ¡ . ~ - . ' , , . d , IE'd 0¿Þ"ON ::)NIlNno:otJ J3-=J WdBI:Z Þ00Z"ZZ·Nn.r _'O_"_~>__L',<,,<·,__.· VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM H. AGENDA ITEM REQUEST FOnl~. 0 o o~ --< Requested City Commission Date Final FOml Must be Turned Requested City Commission Date Final FOml Mustbe Tu~ Meeting Dates in to City Clerk's Office Meeting Dates in toCi Clerk's Ice ,-:-)-n -;r. ;- -i o Apri120,2004 o June 15,2004 0 AprilS, 2004 (Noon) May 31,2004 (Noon) ~ 0-:;::' -n c.P. -nCP o May 4, 2004 o July 6, 2004 _P"' April 19, 2004 (Noon) June 14,2004 (Noon) N 0)7 - 010 o May 18, 2004 [g] July 20, 2004 :x: May 3, 2004 (Noon) July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation [g] Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Motion to approve the release of a Cash Surety for Villa Del Sol development in the amount of $15,895.00 (Fifteen Thousand Eight Hundred Fifty Nine Dollars and no Cents). A letter dated June 13,2004 requesting said release is attached. EXPLANATION: This request represents the remainder of a Lake Excavation surety which has been held for a one year warranty period. All work has been completed. There are no outstanding issues. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -¥f!§e~id! ~ City anager's SIgnature Public W orks/Engineering JM.1J/J/1; - Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · June 16, 2004 Ms. Laurinda Logan City of Boynton Beach Senior Engineer Engineering Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Villa Del Sol Dear Ms. Logan, With regards to a Surety Bond posted on April 2, 2002 for $15,895.00, and since the one year warranty period would have been expired by now, please accept this as formal request to release said bond by form of scheduled agenda for July 20, 2004 as discussed. Should you need any additional information to proceed, please contact me at your earliest convenience and I appreciate your help. , CONSTRUCTION, LLC ~ "'1""11 n_...._........_. ___ nl...... I c-..õ¡..... ..,..nl 1""___1 ,..........1...... ,-,__;........ "''''..'')<A 1"T'r=I. ...,nrcl AA'") .,").." J r""AV. '?I'\rf AA":') n¡-"").., ~ <O;,,~,,~--.- VI.-CONSENT AGENDA CITY OF BOYNTON BEACf ITEM I. AGENDA ITEM REQUEST FOkLu 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 D April 7, 2004 March 15,2004 (Noon.) D June I, 2004 May 17, 2004 (Noon) D Apri120,2oo4 April 5, 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) ~ July 20, 2004 July 5, 2004 (Noon) D Administrative D Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation ~ Consent Agenda D Public Hearing D Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Return cash bond of $ 220.00 to David Miller for the project known as Harmon Glass. EXPLANATION: On April 5, 2004, the Building Division sent to the Finance Department a cash bond of $ 220.00 for the completion of the permitted work for the project known as Harmon Glass located at 3402 Quantum Boulevard. The work has been completed and the Certificate of Occupancy was issued on June 4, 2004. PROGRAM IMP ACT: None FISCAL IMP ACT: None Quintus , c~ lty anager sIgnature Development Department ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC '_ ~.. ~'.:. ....) ~'"': ~~'...'/ :'1~ 1.. IJ1.....1 ~~nJJ\.._J~. 04"0878 P.O. BOX 310 - BOYNTON BEACH FL 33425 CBRTIFICATB o F OCCUPANCY PERMANENT Issue Date · · · 6/04/04 Parcel Number . · · · · 08-43-45-17-09-000-0320 Property Address · · · 3402 QUANTUM BLVD BOYNTON BEACH FL 33426 Subdivision Name · · · Legal Description . · · QUANTUM PARK AT BOYNTON BEACH PL 3 LTS 32, 33, 34A, 34B & 35 THRU 38 Property Zoning . · · · PLANNED INDUSTRIAL DEV. Owner . . . · · · · · · GATEWAY BUSINESS PARK L.C. Contractor · · · · · · GLOBAL CONSTRUCTION ASSOCIATES 954 971-1810 Application number · · 04-00000373 000 000 Description of Work . · INTERIOR RENOVATIONS Construction type . · · TYPE IV/UNPROTECTED Occupancy type · · · · FACTORY-INDUSTRIAL Flood Zone · · · · · · Special conditions · · HARMON GLASS Approved . · · · · · · 4~~ VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" t'~ __"~......~- - ,-...-._,~...,.....,-~.,~ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-068 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official tta DATE: April S, 2004 SUBJECT: CASH BOND - HARMON GLASS - 3402 QUANTUM BLVD. Enclosed is cash in the amount of $220.00 from David Miller. This is a cash surety for Harmon Glass 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 pennit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Jaime O. Mayo and cash XC: Timothy K. Large, Building Code Administrator Pennit File # 04-373 EXHIBIT "B" S:\Development\BUlLDING\Memos\Cash Bonds - 2004\Harmon Glass 04-373.doc DEVELOPMENT DEPARTMENT BUILDING DIVISION CASH RECONCILIATION FORM DATE: 4/5/04 Building Receipt #: 36370 Comments: Cash Surety from Dave Miller for Harmon Glass Permit # 04-373 G/L Revenue Acct. # : 001-0000-220.99-00 CURRENCY Denomination $100.00 $0.00 50.00 0.00 20.00 220.00 10.00 0.00 5.00 0.00 1.00 0.00 0.50 0.00 0.25 0.00 0.10 0.00 0.05 0.00 0.01 0.00 Total Currency $220.00 Deposit to Cashiers $220.00 Prepared by Ruth Scire' 4/5/04 EXHIBIT "C" r~-"'---"-:'- ----- -- - -,- - ------.--- -- ---- - -- --- - ------ -- - ----------- - ---- --- ----,- - - ----- --1 I ':h : Crl'Y OF-BOYNTON BEACH r,;; ». 363701 ¡ BoyntOn Beach, Florida I , I ¡ ~ 20Ù'- Ii r - J : DEPARTMENT [1 " ¡ i ~~ -"~ ,I I I ! FORI f . ! ¡ 1 ¡ $ r' .1 I j l ' ------------------------------------------------------------_______________________J --- -' ~.- 1·'" HNM ARCHITECTURE, LLC _~.......J-""_---....__~.,oJ~.... . A.26000726 R-OO 17270 CARS IA APRIL 2ND, 2004 ' CITY OF BOYNTON BEACH BUILDING DEPARTMENT ATTN: PLAN REVIEWER/BuILDING INSPECTOR RE: PERMIT NUMBER 04 373 HARMON GLASS TENANT. To WHOM IT MAY CONCERN: VALUE OF WORK TO BE PERFORMED TO PROVIDE FOR AS BUILT ELECTRICAL DRAWINGS SHALL NOT EXCEED $200.00 (Two HUNDRED DOLLARS) IF YOU SHOULD HAVE ANY QUESTIONS CONCERNING THIS LETTERPLEASE CONTACT THE OFFICE IMMEDIATELY. THANK You, #~/Jl 2Ap~ll zoo+ ,,' EXHIBIT "D" AR OO/'7zl1C)" 3395 N. DIXIE HWY. . SUITE 5 . BOCA RATON, FL 33431· T: 561.392.5344 . F: 561.392.5531 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM J. AGENDA ITEM REQUEST FORnI 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 D April 7, 2004 March 15,2004 (Noon.) D June 1,2004 May 17, 2004 (Noon) D Apri120,2004 April 5, 2004 (Noon) D June IS, 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) ~ July 20, 2004 July 5,2004 (Noon) D Administrative D Legal ("") 0 C") -i NATURE OF 0 Announcement D New Business =i-< '- -<0 AGENDA ITEM D City Manager's Report D Presentation c:: ,~." Z ~ D N '-CD Consent Agenda Public Hearing '''0 co ::~-< D Code compliance/Legal Settlements D Unfinished Business :::-~:z: -0 Uì-t :x 0 O:z: - ~m .. RECOMMENDATION: 0 -fT1 C"">:t> (..,) fTI("") Return cash bond of $8,580.00 to Shakman Construction Co., Inc. for the project known as Krispy Kreme. :x: EXPLANATION: On August 21,2003 the Building Division sent to the Finance Department a cash bond of$8,580.00 for the completion of the pennitted work for the project known as Krispy Kreme located at 640 W. Boynton Beach Boulevard. The work has been completed and the Certificate of Occupancy was issued on November 18, 2003. PROGRAM IMP ACT: None FISCAL IMP ACT: None ALTERNATIVES: No Quintus L' ~hu' Development Department ~ Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CiTY U./:<' EUY."Ifl.'CN ¡=;~AC:~ P.O. BOX 31~ BOYNTON BEACH FL 334.2 5 02-3157 CERTIFICATE o F OCCUPANCY PERMANENT Issue Date · . · 11/18/03 Parcel Number · · · 08-43-45-29-01-002-0090 Property Address · · 640 W BOYNTON BEACH BLVD BOYNTON BEACH FL 33426 Subdivision Name · · Legal Description . · LAKE BOYNTON ESTATES PL 1 LOT 9, & LTS 19 TO 21 INC (LESS N 10 FT SR 804 R/W & 1-95 R/W) BLK 2 Property Zoning · · · NEIGHBORHOOD COMMERCIAL Owner . . · · · · · MANNINO ANTHONY TR Contractor · · · · SHAKMAN CONSTRUCTION CO INC 561 750-8288 Application number · 02-00003157 000 000 Description of Work · · COMMERCIAL BUILDING Construction type · · · TYPE IV/UNPROTECTED Occupancy type · · · BUSINESS Flood Zone · · . · · · C FLOOD ZONE/MIN FLOODING Special conditions · · KRISPY KREME FINISH FLOOR ELEV 21.571 AS IDENTIFIED ON THE FLOOD .E~E~A~I~N.C~RTIFIC~ ~ Approved . BUild~Cial VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" "- ...~.-. ~' - .......- .."""'----,~..'-' . - .~~,"'-, ~,~,~ ,"'>V_,"__ ..-'___ '_,'" _.,'_'_, ., "", _._.. _~ ',_ ___. DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-179 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official iJi} DATE: August 21, 2003 SUBJECT: CASH BOND - KRISPY KREME - 640 W. BOYNTON BEACH BLVD. Attached are Cashier's checks for $6,050.00 and $2,530.00 from Shakman Construction Co., Inc. This is a cash surety for Krispy Kreme and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters from Thomas Twomey, P .E. and checks XC: Timothy K. Large, Building Code Administrator Permit File # 02-3157 EXHIBIT "B" S:\Development\BUILDING\Memos\Cash Bonds - 2003\Cash Bond - Krispy Kreme 02-3157.doc " .- . ' .'me'''' ..5~X ,hOU$and F< fty DolLars andzeÌ"'ò Cenlò"·· ", '" "" 0"" "f . ., c ny OF 80 YN' ON BEACH'" .~~ 01" CO.. INC" .. . . ' ¡ . ""'«~, ."Ie ",,,,,, ' , c .""..",""",'"F"^"",''''''''''''C_W<Ccl"''''' . . . . .... .. t '" C"""" (~.,...,~.".'""""""" '. . .""1-"'" .."''''~ . . ..' , ~~----~--- ,,' ~ ~ ,BI. ,,,, ,:02 2000BbB': bBOOBbBq? ~O 2 ~ ,,,, B1JildinSDW ,.., . " ",,,.... ... ...' ,... ...".. ,,'" ". , ' . .. ,- -- -~ . . fi' ; ,,'ff XC,'·\ f'y,.,' , .' ' - ..' ',' ,"" . " :_' '.'c ' ,: -,', ,J ':>,,:,0,,',' ::::,: ,,>,--->,,~," - ,"': ,,",', ,,'~:,:.<-: ~r4o ·..·ìsift()··..,c~~-rs*.. . ReciittêrSHAKMAt--f _~~~\~&'r7if,.~~~;~i '" H 'BI. ,'" .:022000BbB': bBOOBbBq? ~O' 2\'" . ' .., . ,. ,.' " ,... ,~/ ",,¡: '." ' .. ." ...".. . ' . .....<.....~;;?;.<r...c....y....";.~Cc-~. ." . ..... -if' .=-~~"'ê""'....<...,,...--<_.,,~ . ' q 'I'~ . . , . . C\1"l OF BOYNTON BEAC\"\ \ Bo,/ntOn Beach. Florida , . \ \ \, \' ~, \ ----------------~---- --------~~--------- EXllIßI'I "'C" SENT BY: METRO DESIGN GROUP; 5616965952; AUG-20-03 3:32PM; PAGE 2/2 Metro Design Group 2831-A Exchange Court West Palm Beach, FL 33409 (561) 686-5853 fax 686-5862 Pete Russo Thomas Twomey, P .E. August 20, 2003 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-031 0 Re: Krispy Kreme Boynton Bellch Blvd. Temporary Certificate of Occupancy Ple8.!le be advised that the following work needs to be completed accompanied by the schedule of values as provided by the general contractor: I) lrrigation on east and south side of property $400.00 2) Irrigation pump and rain sensor $500.00 3) Retaining wall OD east and south side of property $2,800.00 4) MisccJlaneous pJantings and sod on north, south, east and west of property $1,500.00 5) Gate at dumpster $500.00 6) Replace broken asphalt on NE lit Street $500.00 7) Asphalt striping $300.00 8) Clean site adjacent to residences $200.00 9) Direction signs IIIld menu boards $700.00 10) Complete paint $400.00 TOTAL $7,800.00 10% $780.00 Total Surety Required $8,580.00 IfyoûQa~e any questions or further information is needed, please call our oft ice. .. '://, ' ,¡j, ¡;,....1'·I,...~. }':, . ..).... t:'. C~ .... .~ \ . ~... ~ .;,j . ,- ~.. S' ..' .: :;!:' .,.,' 0' ",,,r . . ~.,.... ., .,. ~ 0 :,.,.i """" .. , "-.. ..r: Y"tI"\ ~ ~).. "11001 ..' ."..... ,"'1' ......, . .. .., t... ...:t. : ;,.,." .." ~£ ., . . -" ~ ,.: ~ ). ~---- - - --.. -_....--~_... EXHIBIT "D" Metro Design Group 2831-A Exchange Court West Palm Beach, Fl. 33409 (561) 686-5853 fax 686-5862 . Pete Russo Thomas Twomey, P.E. August 19,2003 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Re: Krispy Kreme Boynton Beach Blvd. Temporary Certificate of Occupancy Please be advised that the following work needs to be completed accompanied by the schedule of values as provided by the general contractor: / I) Irrigation on east and south side of property $400.00 r/2) Retaining wall on east and south side of property $2,800.00 ¡/3) Miscellaneous plantings and sod on north, south, east and west of property $1,500.00 114) Gate at dumpster $500.00 vi 5) Asphalt striping $300.00 TOTAL $5,500.00 10% $550.00 Total Surety Required $6,050.00 If you have any questions or further information is needed, please call our office. Twomey, P.E. EXHIBIT "E" ,-~.._--~--~'--~,~~- ~,'~~~~-'.~ .......-,."~,>-- '.~~--» -'. ,'- ,<<!'--- ~-,.~~~~, .-,~..- . ._ ___<,,·k___··.."~,_~> 4 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM K.. AGENDA ITEM REQUEST FORl\.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o Apri120,2oo4 AprilS, 2004 (Noon) o June 15,2004 May 31, 2004 (Noon) o May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) a 0 .;;:- 2'::¡ C-. -1-< c:: "'0 -- rJ~ -- 0 Administrative 0 Legal "-> ;-en 0 0 CO 2!0 NATURE OF Announcement New Business :::;: "' AGENDA ITEM " -~ :z: 0 City Manager's Report 0 Presentation ::J: (j") -I . 0 ~ Consent Agenda 0 Public Hearing - O:z: " -" -r¡ en 0 Code compliance/Legal Settlements 0 UnfInished Business C -I"T} ,..~ gÞ '0 :z: RECOMMENDATION: Return cash bond of$ 750.00 to Vitacost.com for the project known as Vitacost. EXPLANATION: On April 29, 2003, the Building Division sent to the Finance Department a cash bond of $ 750.00 for the completion of the permitted work for the project known as Vitacost located at 2055 High Ridge Road. The work has been completed and the Certificate of Occupancy was issued on June 6, 2003. PROGRAM IMP ACT: None FISCAL IMP ACT: None ALTERNATIVE~ ~ . 7M Quintus ~ Greene, evelopment Director City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human ResoÚTces S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 03-0418 C E R T I F I CAT E o F OCCUPANCY PER MAN E N T Issue Date · · · · · 6/06/03 Parcel Number . · · 08-43-45-16-33-000-0680 Property Address · · · 2055 HIGH RIDGE RD BOYNTON BEACH FL 33426 Subdivision Name · · Legal Description . · Property Zoning · · PLANNED INDUSTRIAL DEV. Owner . . · · · · PREMIER GATEWAY CENTER AT QUAN Contractor · · · GLOBAL CONSTRUCTION ASSOCIATES 954 971-9500 Application number · · 03-00000418 000 000 Description of Work . INTERIOR COMPLETION Construction type · · TYPE IV/UNPROTECTED Occupancy type · · · STORAGE Flood Zone · · · · Special conditions · VITA COST Approved 1"--' · · · · Building VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT" A" <.--<-.........~-'-...- -._-~>~-~..-...,.:--",--,~ ~"-:-~>-......"-"-,,,,,,,..'~ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-077 TO: Diane Reese, Finance Director FROM: Don Johnson, Building OffiCialm DATE: April 29, 2003 SUBJECT: CASH BOND - VITACOST - 2055 HIGH RIDGE ROAD Attached is a check for $750.00 from Vitacost.com. This is a cash surety for Vitacost and is to be held until all outstanding issues of their teinporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the pennit and the issuance of the final Certificate of Occupancy, the ,surety will be returned. DJ:rs Attachments/letter from Peter Corrales and check XC: Timothy K. Large, Building Code Administrator Pennit File # 03-418 EXHIBIT "B" S:\DeveIopment\BUILDING\Memos\Cash Bonds - 2003\Cash Bond - Vitacost.doc ..---c-, - ~;~:;-':~~n;';'~'B~~th êÓu~ty;Bà'ñ{::~ ='::-:_=:>~;=~~i,~:~,~f,:~~~~ - œ 371] Boynton Beach Boulevard ,__, ~ _. _ _ _',~ _ __,,/ ~_ ,/ REMITTER; ~ _B~yntonBeach,Florida33436 _ _, _ ,/ _ __ :-/>__ .''~-:<':>~---< VITACOST ~COM , ' " _ 63-1482/670 DATE 4/20lG3 ~ PAYrOTHE __:_'__ ORDER OF :J $; _ _ CI TV OF BOVNTON BEACH '.:._.__. .,.-.-_, -:~ 750.00/ !=:P"'...n J.bl nrf.....ñ J:, fi-y ~ ",if no 11not"~tt't'tttt'tt't't1'rrtrt't't'ttm ' ," """ ,', .~ '. _ . . , ' , . ,'," '," ".., .' ',' n:'t-n--tt'tt't~·ft~. R S" MONEY ORDER - . , _' ~--' , 4." ' . '. .' "',' __-'_', /, ,vlVlj./"' '" '~ '-- . .' '.-- - - IIiP "·00 ~ 5Iibll·~I:Ob 70 ~~B 2 2': oooD~ 7". - - .."..BuildingDiV. _ _ n_ _ ,..,--_____ . -...:.;....:. - - --. -....... - '-~ ...._~.:.:._-.. --...... '- '" - --...... - ~ '-'{.. ""....'''-..::.c.._~ '--...... ,-"" ~ "":....... -:..':'....1... ",,',," ..;........ ~....-;.._ "";.c~.......;,'-...¿....~.............."'-, I , ., I p , : CITY -OF BOYNTON BEACH , :: Boynton Beach, Florida - I '" J '¡ _;e,1 I I , I ¡ ¡ ¡ ¡ J J I : - '- J i $ f) rsD : ''"'>. I ~, _ _ ._---------~-_._----------~-~---~-----~------------------------------------~--------- '. ,- . , " ,- - . '-', , '-.' , -':c." --, \' ,-. , .' 0 :' ,," , ,¡ '>',' ,,' \ ,1 ",,.. '" ',', ì ""',"" " , '. " > : ;'. , .. . ' " ... "~., ". , , " ". - ".', c,:;", EXHIBIT "C" ,.'''''''-'''''----'"'---------,~"..,. ---->-".._-"'"......,'~-..""---,, ! G . corrales _group architects April 25, 2003 Building Department City of Boynton Beach, Florida REF: Permit No. 03418 VITACOST Tenant Improvement 2055 High Ridge Road Boynton Beach, Florida Dear Building Offical, We understand that the construction for Vitacost is almost completed except for the connection of the conveyor system to its power source. This work has an estimated value of $500.00. Please do not hesitate to call our office if you have any questions or comments. r cere , Peter Corrales, Principal EXHIBIT "D" œm~ 2300 corporate boulevard. n.w., suite 145. boca raton. florid a 33431 . 561-995-6700 fax 561 -995- 1 998 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM L. AGENDA ITEM REQUEST FORI"l 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) (J 0 0-1 D April 20, 2004 AprilS, 2004 (Noon) D June 15,2004 May 31, 2004 (Noon) .¡:- ~-< <- --<0 c: o-r, D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon) I :CO I CTiO C1\ ~-:o -< D May 18,2004 May 3, 2004 (Noon) IZJ July 20, 2004 July 5, 2004 (Noon) ÃZ :J> '-.,';-i :z 0 '2 02: """ô"} -r,CO D Administrative D Legal - -rr1 0» 0 0 N fT1C') NATURE OF Announcement New Business :r: AGENDA ITEM D City Manager's Report D Presentation IZJ Consent Agenda D Public Hearing D Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of June 2004 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: Ordinance, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Pnrchasing Agent, Assistant City Manager, and City Manager. FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the old bid threshold of $10,000.00. ~~~,~.. ~ture Deputy Director of Financial Services Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JUNE 2004 1. Vendor: Preventive Maintenance Support Services Purchase Amount: $ 11,447.00 Requesting Department: Public Works/Facilities Division Contact Person: Richard Fiege Brief Description of Purchase: The roof at the Senior Center is leaking and will damage the interior renovation work. Carpeting is scheduled to be installed and the contractor has notified the City that the leaks will cause damage to the carpet if not fixed prior to installation. This purchase will provide the necessary roof repairs. Source for Purchase: Martin County Bid #AJR 03-283 Fund Source: 302-4111-580-62-01 Building Improvements 2. Vendor: General GMC Purchase Amount: $ 19,117.45 Requesting Department: Public Works/Fleet Division Contact Person: Tim Calhoun Brief Description of Purchase: The engine failure on a 2000 Volvo Roll-Off Truck (Unit #1096) requires the complete replacement of the engine and any incidental parts. Three quotes were obtained: General GMC, Kenworth of Palm Beach, and Jasper Engine. Fleet Maintenance Division recommends General GMC because of the lowest quote and the quickest estimated turn-around time. Source for Purchase: Three Quotations Fund Source: 501-5000-590-09-85 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented t~eqUired. City Manager Approval: 44D-'\ Date: ~ 7-l0-11'1 Presented to Commission for information on July 20,2004. 1 of 1 ,---'- -----------~--.~~-~~--,---='-_.<-~ __,>-,..____....-._o..____.._....'_'--,~ ___0--'_"" ..._,',. ~-"','.-!., VI.-CONSENT AGENDA CITY OF BOYNTON BEACI- ITEM M. AGENDA ITEM REQUEST FO~ --- 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 o Apri] 6, 2004 March ]5,2004 (Noon.) o June], 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) I2$J July 20, 2004 July 5, 2004 (Noon) 0 (:) o-t ..t:"" :::¡-< 0 Administrative 0 Legal L- -<0 c:: Ç)-n NATURE OF 0 Announcement 0 New Business r- r-ro I ,-'1 C> AGENDA ITEM 0 City Manager's Report 0 Presentation -.J -.(1 -< ~:z: I2$J Consent Agenda 0 Public Hearing -0 rj'~~ :x: - C> 0 Code compliancelLegal Settlements 0 Unfinished Business 0% - ~ro .. -fT1 - oJ> U1 1"'10 RECOMMENDATION: Approval for three additional inspection positions within the Building Divisiot?= of the Department of Development. EXPLANATION: The level of service expected by the Building divisions commercial and residential customers demand dependable plan review turn-around and on-time inspections. The rate of development in the City has steadily increased over the past few years, with a substantial intensity within the last two years. This unprecedented growth has adversely impacted our ability to deliver timely services. At this pointin time, facing steadily increasing demand for inspections and lengthening review turn-around times, we find it necessary to request the addition of three field inspection positions to assure that the City is able to meet its development commitments in compliance with State Statute. Compounding the requirement for additional staff in the inspection area, the Building division is facing increasing competition in the market place for qualified personnel. At present, City salary levels for these positions are among the lowest in Palm Beach County. Therefore, retaining and attracting state certified candidates is becoming increasingly difficult. The department has experienced a high turnover rate in both inspection and plan review positions due to this competitive market. With over 4,800 permits issued as of the end of April, the City is committed to delivering over 18,000 inspections over the next 18 to 22 months. In addition, several other major site plans are currently under review or in the approval process, which will nearly double that request for service within the next fiscal year. PROGRAM IMP ACT: Maintenance of current service levels. FISCAL IMPACT: Building revenues, originally projected at $1,545,689 for the year, are currently 226% over projections, with total collected revenues of$3,489,616, as of June 30, 2004. Florida State Statue, 553.80, directs that fees collected "...shall be used solely for the carrying out of the local government's responsibilities in enforcing the Florida Building Code." S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The projected salary for these three positions, based on a September 1 hire date, would be approximately $10,000, and can be absorbed in the current Building division salary account, which is anticipated to return an unexpended balance of $35,000 to the general fund at year end after this additional expense. AL TERNA TlVES: Reduce the lev ~ City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,--~"",,",~ "~.'--"'---', .. _,'....,~___'.....~__...¿,',___ o>~__..«,,',_ ~ '._'""""~"'<' __._~. EMPLOYEE ACTIVITY REPORT City Of Boynton Beach Name: Employee #: Department: Development Division: Building Account #: 2411 Date: 6/29/04 I!J EMPLOYMENT REQUISITION Department will share advertising costs: ŒI Yes 0 No Requestor: Don Johnson, Building Official Effective Date: ASAP Job Title: Building Inspector Job#: 22302 o Contract D Part time o Seasonal Shift: I!J Full time o Temporary Days/Hours: M-F, 7:30 AM-4:30 PM Pay Grade: 17 Salary: Hourly: 15.87-19.04 AnnuaIlY:$33,010 - $39,612 0 Replacement for: Internal Applicants Only: 0 Yes IKJ No State Preferences Not Included State certified Building Inspector/Building Plan Reviewer. intheJobDescription:*Advertise at the minimum hourly salary. Hourly salary will e mid- range for State 8e~ified applicants. Dept. Director: ity anager: Attach ·ustification for this, uest and forward to Human Resource Director. o NEW HIRE 0 ADDRESS / PHONE / NAME CHANGE Emergency Event Designation Code: - Social Security #: Effective Date: Address: City/State/Zip: Phone #: o EMPLOYEE ACTIVITY Attach Documentation "(ExplaIn In comments section) o Transfer' o Promotion o Administrative Leave' - (SELECT ONE) o Reclassification o Demotion' o Temporary Assignment* (% Change) Effective Date: Scheduled Hours: From: To: Dates': From Dept. # Dept. Name To Dept. # Dept. Name From Job#: Job Name To Job #- Job Name From Pay Grade: To Pay Grade: SALARY CHANGE: From: To: Hourly: Annually: COMMENTS: Justification for action or additional information: o RETIREMENT 0 RESIGNATION o TERMINATION Attach Documentation Last Day: Effective Date: Reason: Human Resources Use Only Birth Date EEO COBRA TERM- Human Resources Date City Manager Date Employee Date Last Revised - 05/02/04 CBB-DR EMPLOYEE ACTIVITY REPORT City Of Boynton Beach Name: Employee #: Department: Development Division: Building Account #: 2411 Date: 6/29/04 [!) EMPLOYMENT REQUISITION Department will share advertising costs: [!] Yes 0 No Requestor: Don Johnson, Building Official Effective Date: ASAP Job Title: Electrical Inspector Job#: 22312 o Contract o Part time o Seasonal Shift: Ii] Full time o Temporary Days/Hours: M- F , 7:30 AM - 4:30 P Pay Grade: 17 Salary: Hourly$15.87-19.04 Annually:$33,01O - $39,612 0 Replacement for: Internal Applicants Only: 0 Yes IK] No State Preferences Not Included State cert¡ì1.ed CQmmerc1.al El~ctrical Inîpectîr /Electriîal . .. Rev1ewer. Advert1se at the m1n1mum hour 1 sa ary. Hour y s In the Job DescnptlOn: will be mid-range for State certifif0 app i c;mts_ Dept. Director: City Manager: Attach 'ustification for this re uest and forward to Human Resource Director. o NEW HIRE 0 ADDRESS I PHONE I NAME CHANGE Emergency Event Designation Code: - Social Security #: Effective Date: Address: City/State/Zip: Phone #: D EMPLOYEE ACTIVITY Attach Documentation "(Explain in comments section) o Transfer* o Promotion o Administrative Leave* - (SELECT ONE) o Reclassification o Demotion* o Temporary Assignment* (% Change) Effective Date: Scheduled Hours: From: To: Dates*: From Dept. # Dept. Name To Dept. # Dept. Name From Job#: Job Name To Job #- Job Name From Pay Grade: To Pay Grade: SALARY CHANGE: From: To: Hourly: Annually: COMMENTS: Justification for action or additional information: o RETIREMENT 0 RESIGNATION D TERMINATION Attach Documentation Last Day: Effective Date: Reason: Human Resources Use Only Birth Date EEO COBRA TERM Human Resources Date City Manager Date Employee Date Last Revised - 05/02104 CBB-HR <~,>--- ·'_..............____·'<>...'--'~,_________~~...,__.u ,~' ~._.....«.-",~:~-<.. " ,-~¥ '_... --'~=~ ~. ~-...~, '--.>.......""-.. EMPLOYEE ACTIVITY REPORT City Of Boynton Beach Name: Employee #: Department: Development Division: Building Account #: 2411 Date: 6/29/04 [XJ EMPLOYMENT REQUISITION Department will share advertising costs: [] Yes 0 No Requestor: Don Johnson, Building Official Effective Date: ASAP Job Title: Plumbing/Mechanical Inspector Job#: 22322 D Contract D Part time D Seasonal Shift: ŒI Full time o Temporary Days/Hours: M-F, 7: 30 AM - 4: 30 PM Pay Grade: 17 Salary: HourlY:$15.87-19.04 Annually: $33,010 - $39,612 D Replacement for: Internal Applicants Only: DYes ŒJ No SœrePrererencesNotmauded State ce~tified Plumbi~g/Mechanica+ +nspector & PlumbinghMec anical . .. Plan Rev~Íwer. *Advert~se at the m~n~mum hourly ialart. our y mtheJobDescnptlon: salary wi 1 h<> miti-r.<mgp for State certified app ican s. Dept. Director: City Manager: Attach 'ustification for this 11 uest and forward to Human Resource Director. o NEW HIRE 0 ADDRESS I PHONE I NAME CHANGE Emergency Event Designation Code: - Social Security #: Effective Date: Address: City/StatelZip: Phone #: EMPLOYEE ACTIVITY Attach Documentation "(ExplaIn In comments section) o Transfer* o Promotion o Administrative Leave* - (SELECT ONE) o Reclassification o Demotion* o Temporary Assignment* (% Change) Effective Date: Scheduled Hours: From: To: Dates·: From Dept. # Dept. Name To Dept. # Dept. Name From Job#: Job Name To Job #- Job Name From Pay Grade: To Pay Grade: SALARY CHANGE: From: To: Hourly: Annually: COMMENTS: Justification for action or additional information: RETIREMENT 0 RESIGNATION o TERMINATION Attach Documentation Last Day: Effective Date: Reason: Humðn':Resoui¢èS Use· OrilY·· Bìrth·Satè ËEÖ¡ COBRA TERM Departmen Human Resources Date City Manager Date Employee Date Last Revised - 05lOZI04 CBB-HR VIII.-PUBLIC HEARING CITY OF BOYNTON BI ITEM B. AGENDA ITEM REQUESl J1U1'\.n'. 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 o April 7, 2004 March 15,2004 (Noon.) o June 1, 2004 May 17, 2004 (Noon) o J\priI20,2oo4 J\pril 5,2004 (Noon) o June 15,2004 May 31, 2004 (Noon) o May 4, 2004 J\priI19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) [g] July 20, 2004 July 5, 2004 (Noon) 0 Administrative [g] Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [g] Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22nd, recommended that the subject request be approved, subject to the condition that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137. EXPLANATION: PROJECT Boynton Village (LUAR 04-006) AGENT: Ruden, McCloskey, Smith, Schuster & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Between Congress A venue and the L WDD E-4 Canal and south of the C-16 (Boynton) Canal DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map ÍÌ"om Moderate Density Residential (MoDR) to Mixed Use-Suburban; and Proposed use: Mixed use development of -±81.814 acres containing retail, office and residential uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ ~ Develop nt ep ent Direct r City Manager's Signature ~ ~IM'G /" Planning and Zoning Direc~ City Attorney / Finance / Human Resources S:\Planning\SHJ\RED\WP\PROJECTS\Boynton iIIage-Boynton Town Center I\LUJ\R 04-006\Agenda Item Request Boynton Village PB & 1st reading ÞunendLUAR 04-006 7-20-04.dot S:\BULLETIN\FORMS\AGENDJ\ ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-137 TO: Chair and Members Planning and Development Board and City Commission FROM: Dick Hudson, AICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 14, 2004 PROJECT NAME/NUMBER: Boynton Village (LUAR 04-006) REQUEST: Amend the land use classification from Moderate Density Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone from R-1-AA Single Family Residential to SMU Suburban Mixed Use PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership & Klatt Enterprises, Inc. Applicant! Agent: 1950 Congress Avenue, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A.(Kim Glas-Castro) Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road (Exhibit "A'') Parcel Size: 81.81 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre (du/ac) Existing Zoning: R-1-AA Single Family Residential Proposed Land Use: Mixed Use Suburban (MX-S) at 20 du/ac and a floor area ratio (FAR) of 1.0 Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed use development containing 1,120 residential units, 10,000 sq. ft. office and 149,000 sq.ft. retail commercial uses ,"'....-..Þ'__~,z _.' _ ~r~'''_______ ~~,<.>--<,~........~,,,,,,,_ ....,,'....._,""'.._..',_~___ Page 2 File Number: LUAR 04-006 Boynton Village Adjacent Uses: North: Right-of-way of the Boynton (C-16) Canal then property designated Development of Regional Impact (DR!) and zoned SMU, currently under development (Renaissance Commons). South: To the southeast, right-of-way of Old Boynton Road, then developed residential properties, both single-family and multi- family; to the southwest, vacant property designated Moderate Density Residential (MoOR) and zoned R-1-AA Single Family Residential. East: Right-of-way of the lake Worth Drainage District (lWDD) E-4 Canal, then developed single-family residences designated Low Density Residential (4.84 dujac) and zoned R-1-AA Single Family Residential. West: Right-of-way of Congress Avenue, then developed properties designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requests for land use amendment and rezoning are consistent with objectives and policies in the Comprehensive Plan; 2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning will allow the development of a community that is a pedestrian-friendly environment and will provide gathering places for the residents; and 3. The proposed rezoning would continue the development pattern established by the adjacent lands to the north, across the Boynton Canal and will also serve as a transition between the existing commercial development on the west and the single-family residential development to the east; however, Page 3 File Number: LUAR 04-006 Boynton Village 4. Consistent with the requirements of the SMU development regulations, approval of a SMU master plan for the property shall be required concurrent with approval of the requested rezoning. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 81.81 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 2 for calendar year 2004. The regulations for the Suburban Mixed Use zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to SMU. Because of the length of time required by the large-scale land use amendment process, the applicant has assured staff that a master plan for the project will be submitted in a manner to coincide with adoption of the land use amendment and the rezoning. 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be 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 subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other objectives and policies contained in the comprehensive plan are. These include: "Objective 1.15 The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " - ,-_._-~~~- .. '.._~>.~ -~~,"'--~.~ '--.,..,..--. -.~ ---~ ...,._.~,----,~' .'.-- Page 4 File Number: LUAR 04-006 Boynton Village "Policy 1.22.3 Neighborhoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be in walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. " The requested land use designation, Mixed Use-Suburban, and zoning district, SMU Suburban Mixed Use, are designed to encourage developments that meet both the adopted objective and policy directions. In addition, with a well-designed site plan, this area can become an effective transition between the commercial uses on the west of Congress Avenue and the low-density single-family residential east of the E-4 Canal. The development regulations for the SMU zoning district require approval of a master plan or site plan concurrent with the approval of the rezoning. It is recommended that this be a condition of approval of the rezoning. In developing the site plan for this property, the applicant should be sensitive to the following policy in the comprehensive plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. " The provision of connectivity between this site and the developing mixed-use project to the north, across the Boynton Canal, will reduce travel distances and could serve to minimize the need for trips, particularly on Congress Avenue. Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial and residential development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. likewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred Page 5 File Number: LUAR 04-006 Boynton Village in the Congress Avenue corridor at the southern part of the City. The requested amendment and rezoning will serve to offset the decrease in property tax revenues caused by the loss in existing industrial businesses such as Motorola and in future businesses through land conversion. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning Policy 5.3.4, found in the Recreation and Open Space Element of the Comprehensive Plan states the following: "The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above-mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away." Maintenance of consistency with this policy is discussed below, under "Item f". 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 would not create an isolated district, but would relate to the adjacent lands to the north, across the Boynton Canal. As stated above, it could also serve as a transition between the Congress Avenue right-of-way and ·existing commercial development to the west, and the single-family residential development to the east. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing, adjacent single-family developments. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for property designated for industrial uses, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. The City's adoption of regulations for mixed use development in the area west of 1-95 is a bold new departure from past development practices, where each use was well-separated from one another. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The addition of a Mixed Use- Suburban land use category will permit the development of communities that are pedestrian- friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. Mixed use development patterns ·have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The ~.. ,---,~..'--,-""-~,...'--..""-<~.,.~--,'.'~.._-~ -- '. ',-,~,'--_.~:.....'.~-~ ,-.~ ","-<,- Page 6 File Number: LUAR 04-006 Boynton Village Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning allow the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Estimates prepared by the applicant show that total potable water demand will be approximately 439,005 gallons per day (gpd) and sewage flow demand will be approximately 359,125 (gpd), compared to 227,535 gpd for potable water and 184,023 gpd sewage flow. More exact calculations of these demands will be made at the time of site plan approval; however, the Utilities Department has stated that the ability to provide adequate water and wastewater services should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 588 single-family residential units under the existing land use designation would be 4,116; under the proposed mixed use designation the average daily trips would equal 12,780; a net increase of 8,664 new trips. This would cause Gateway Boulevard and Old Boynton Road to drop from Level of Service "D" to "E", without improvements to these roadways. Congress Avenue would still operate at LOS "D". Traffic impacts were also evaluated in combination with the adjacent property requesting land use amendment and rezoning. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer; however, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003- 2008). The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at 1313 W. Boynton Beach Boulevard to project the impacts of the small commercial uses proposed in the project. Over a three-year period, the number of businesses in the plaza ranged between 10 and 15 operating at anyone time. The statistical data indicated that businesses of a similar nature would generate approximately 81 calls for service. Likewise, statistical data from townhouses in the Sandalwood Community over a three-year period were used to project the impacts of the 1,120 proposed dwelling units, which is estimated at 988 calls per year. These demands coupled with those of the adjacent Boynton Town Center development indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Page 7 File Number: LUAR 04-006 Boynton Village Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family or high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. Generally, Recreation and Open Space requirements are met in either of two ways: through payment of the Recreation and Parks Development Impact Fee based on an ordinance last amended in July 2002, or through land dedication based on a Comprehensive Plan standard of 6 acres per 1,000 population. The City Commission determines if the impact fee may be satisfied by dedication of land. Comprehensive Plan Policy 9.C.3.4, cited above under "Item a", would seem to give strong direction for the consideration of land dedication. The Recreation and Parks Department has provided the following: 1. The Impact Fee for 1,120 residential units would equal approximately $784,000. (1,120 x $700 per unit) 2. Dedication of land based on .015 acres per dwelling unit would equal 16.8 acres. (6 acres per 1,000 population@ 2.5 persons per household x 1,120 units) Additionally, the Greenwavs/Bikewavs Plan calls for negotiation with developers to provide green space and bikeway linkages throughout the City. A 25 foot wide bikeway is considered a minimum. As a recommendation, the Recreation and Parks Department suggests the developers may provide a voluntary contribution of 50 feet of developed Greenways/Bikeways along the E-4 and C-16 canal rights-of-way to link with the Renaissance Commons bikeways along these canals. The developer my also provide a minimum 8-acre tract of land restored and maintained as a "pine flat wood" habitat. It is also recommended that the property be located adjacent to a drainage lake completely developed with littoral zone plantings and positioned in such a way as to provide a buffer for the Skylake development to the southeast of the property and include a number of existing oak trees along the canal bank. It is further recommended that a portion of the Recreation and Park Impact fee be designated for active recreation facilities being proposed for the Congress Middle School, less than one mile to the south. 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. Lastly, drainage will also be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. g. 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. - -- -~--,~ _ ~~."r'~'~"_' ,-.,'. o."~~,-·,~.,._,___ "'. Page 8 File Number: LUAR 04-006 Boynton Village Compatibility has been discussed under "Item bIt. above. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing adjacent single-family developments. The resulting development can only have a positive effect on property values of adjacent and nearby properties. h. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor, it is questionable if single-family residential development would be the most desirable use of the property, would best accommodate population growth, while at the same time representing the highest and best use ideally proportional service costs. i. 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 scale of the proposed mixed use development is such that it can meet the policy directions of the Comprehensive Plan, cited above under "Item a", by providing homes, shops, and workplaces in walking distance of each other that are designed in a manner to be sensitive to the characteristics of the site and to surrounding land uses. j. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Given the fact that the applicant is requesting a land use designation that is being considered concurrent with this request for land use amendment, there are no other sites currently available in the City with a Mixed Use-Suburban land use designation. There are no other sites in the City of similar size and location to provide this opportunity for a sizeable mixed use project. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; however, there will be impacts on infrastructure that may require phasing of the project. The proposed land use amendment and rezoning 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, provided that the master plan, as required by the Suburban Mixed Use zoning regulations, is approved concurrently. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Vdlage-Boynton Town Center l\LUAR 04-006\STAfF REPORT NEW.doc BOYNTON VILLAGE LOCATION MAP Local Retail Commercial Industrial D BOYNTON VILLAGE LUAR 04-006 Suburban Mixed Use .. 81.814 acres :::: ca "" d! .... ca 0 ... Local . .. - .. ... - W+E S ~-'-,--- ",~-~-~-..~"",_.",---. _"._ ._ ~.,',""""""'''''__'~__'~~ __,0_. _ . EXHIBIT "B" Conditions of Approval Project name: Boynton Village File number: LUAR # 04-006 Reference: Future land Use Amendment and Rezoning application prepared by Ruden McClosky. Smith, Schuster & Russell, P .A. ADDffiONAL PLANNING AND DEVELOPMENT BOARD CONDffiONS INCLUDE REJECT 1. Adoption is contingent on clarification and consideration of traffic X impact analysis requirements of Palm Beach County. ADDmONAL CITY COMMISSION CONDmONS 2. To be determined. VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June 1, 2004 May 17,2004 (Noon) o April 20,2004 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 1 g, 2004 May 3, 2004 (Noon) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative [g Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [g Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Conmñssion Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22nd, recommended that the subject request be approved, subject to the condition that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137. EXPLANATION: PROJECT Boynton Village (LUAR 04-006) AGENT: Ruden, McCloskey, Smith, Schuster & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Between Congress Avenue and the LWDD E-4 Canal and south of the C-16 (Boynton) Canal DESCRIPTION: Request to rezone from R-l-AA single family residential to Suburban Mixed Use (SMU). Proposed use: Mixed use development of -±81.814 acres containing retail, office and residential uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~rn~A_ ~~mre Deve m ir tor ~ - k.-I«- ,/ Planning and Zoning Direc City Attorney / Finance / Human Resources S:\Planning\S}fARED\WP\PROJECTS\BOynto~ge-BOynton Town Center I\LUAR 04-OO6\Agenda Item Request Boynton Village PB & 1st reading Rezone LUAR 04-006 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-137 TO: Chair and Members Planning and Development Board and City Commission FROM: Dick Hudson, AICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 14, 2004 PROJECT NAME/NUMBER: Boynton Village (LUAR 04-006) REQUEST: Amend the land use classification from Moderate Density Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone from R-1-AA Single Family Residential to SMU Suburban Mixed Use PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership & Klatt Enterprises, Inc. Applicant! Agent: 1950 Congress Avenue, LLCjRuden, McClosky, Smith, Schuster & Russell, P.A.(Kim Glas-Castro) Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road (Exhibit "A") Parcel Size: 81.81 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre (du/ac) Existing Zoning: R-1-AA Single Family Residential Proposed Land Use: Mixed Use Suburban (MX-S) at 20 du/ac and a floor area ratio (FAR) of 1.0 Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed use development containing 1,120 residential units, 10,000 sq. ft. office and 149,000 sq.ft. retail commercial uses .~--- -_.._-----'->-~---~-<-,---,---,'~.- '. _ ~,_~_ "_<~.~..,~~~... ,__ -,_'~'.,.__ '_~..~<c~. ~,~-__,~,_,~_",o,,,,,,,_-,,_ . <--~--,~-,._.',_.. , Page 2 File Number: LUAR 04-006 Boynton Village Adjacent Uses: North: Right-of-way of the Boynton (C-16) Canal then property designated Development of Regional Impact (DRI) and zoned SMU, currently under development (Renaissance Commons). South: To the southeast, right-of-way of Old Boynton Road, then developed residential properties, both single-family and multi- family; to the southwest, vacant property designated Moderate Density Residential (MoDR) and zoned R-l-AA Single Family Residential. East: Right-of-way of the Lake Worth Drainage District (LWDD) E-4 Canal, then developed single-family residences designated Low Density Residential (4.84 du/ac) and zoned R-l-AA Single Family Residential. West: Right-of-way of Congress Avenue, then developed properties designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requests for land use amendment and rezoning are consistent with objectives and policies in the Comprehensive Plan; 2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning will allow the development of a community that is a pedestrian-friendly environment and will provide gathering places for the residents; and 3. The proposed rezoning would continue the development pattern established by the adjacent lands to the north, across the Boynton Canal and will also serve as a transition between the existing commercial development on the west and the single-family residential development to the east; however, Page 3 File Number: LUAR 04-006 Boynton Village 4. Consistent with the requirements of the SMU development regulations, approval of a SMU master plan for the property shall be required concurrent with approval of the requested rezoning. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 81.81 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This request is part of cycle 2 for calendar year 2004. The regulations for the Suburban Mixed Use zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to SMU. Because of the length of time required by the large-scale land use amendment process, the applicant has assured staff that a master plan for the project will be submitted in a manner to coincide with adoption of the land use amendment and the rezoning. 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be 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 subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other objectives and policies contained in the comprehensive plan are. These include: "Objective 1.15 The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " Page 4 File Number: LUAR 04-006 Boynton Village "Policy 1.22.3 Neighborhoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be in walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. " The requested land use designation, Mixed Use-Suburban, and zoning district, SMU Suburban Mixed Use, are designed to encourage developments that meet both the adopted objective and policy directions. In addition, with a well-designed site plan, this area can become an effective transition between the commercial uses on the west of Congress Avenue and the low-density single-family residential east of the E-4 Canal. The development regulations for the SMU zoning district require approval of a master plan or site plan concurrent with the approval of the rezoning. It is recommended that this be a condition of approval of the rezoning. In developing the site plan for this property, the applicant should be sensitive to the following policy in the comprehensive plan: ''Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. " The provision of connectivity between this site and the developing mixed-use project to the north, across the Boynton Canal, will reduce travel distances and could serve to minimize the need for trips, particularly on Congress Avenue. Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial and residential development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Likewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred Page 5 File Number: LUAR 04-006 Boynton Village in the Congress Avenue corridor at the southern part of the City. The requested amendment and rezoning will serve to offset the decrease in property tax revenues caused by the loss in existing industrial businesses such as Motorola and in future businesses through land conversion. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning Policy 5.3.4, found in the Recreation and Open Space Element of the Comprehensive Plan states the following: "The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above-mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away." Maintenance of consistency with this policy is discussed below, under "Item fIt. 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 would not create an isolated district, but would relate to the adjacent lands to the north, across the Boynton Canal. As stated above, it could also serve as a transition between the Congress Avenue right-of-way and existing commercial development to the west, and the single-family residential development to the east. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing, adjacent single-family developments. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for property designated for industrial uses, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. The City's adoption of regulations for mixed use development in the area west of 1-95 is a bold new departure from past development practices, where each use was well-separated from one another. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The addition of a Mixed Use- Suburban land use category will permit the development of communities that are pedestrian- friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The ----------- '- ~- =~~,'~,- _____,h_.__,____n.,,_ _._"~-" Page 6 File Number: LUAR 04-006 Boynton Village Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning allow the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Estimates prepared by the applicant show that total potable water demand will be approximately 439,005 gallons per day (gpd) and sewage flow demand will be approximately 359,125 (gpd), compared to 227,535 gpd for potable water and 184,023 gpd sewage flow. More exact calculations of these demands will be made at the time of site plan approval; however, the Utilities Department has stated that the ability to provide adequate water and wastewater services should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 588 single-family residential units under the existing land use designation would be 4,116; under the proposed mixed use designation the average daily trips would equal 12,780; a net increase of 8,664 new trips. This would cause Gateway Boulevard and Old Boynton Road to drop from Level of Service "D" to "E", without improvements to these roadways. Congress Avenue would still operate at LOS "D". Traffic impacts were also evaluated in combination with the adjacent property requesting land use amendment and rezoning. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer; however, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Rve-Year Roadway Improvements Program (2003- 2008). The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at 1313 W. Boynton Beach Boulevard to project the impacts of the small commercial uses proposed in the project. Over a three-year period, the number of businesses in the plaza ranged between 10 and 15 operating at anyone time. The statistical data indicated that businesses of a similar nature would generate approximately 81 calls for service. Likewise, statistical data from townhouses in the Sandalwood Community over a three-year period were used to project the impacts of the 1,120 proposed dwelling units, which is estimated at 988 calls per year. These demands coupled with those of the adjacent Boynton Town Center development indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Page 7 File Number: LUAR 04-006 Boynton Village Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family or high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. Generally, Recreation and Open Space requirements are met in either of two ways: through payment of the Recreation and Parks Development Impact Fee based on an ordinance last amended in July 2002, or through land dedication based on a Comprehensive Plan standard of 6 acres per 1,000 population. The City Commission determines if the impact fee may be satisfied by dedication of land. Comprehensive Plan Policy 9.C.3.4, cited above under "Item a", would seem to give strong direction for the consideration of land dedication. The Recreation and Parks Department has provided the following: 1. The Impact Fee for 1,120 residential units would equal approximately $784,000. (1,120 x $700 per unit) 2. Dedication of land based on .015 acres per dwelling unit would equal 16.8 acres. (6 acres per 1,000 population@ 2.5 persons per household x 1,120 units) Additionally, the Greenwavs/Bikewavs Plan calls for negotiation with developers to provide green space and bikeway linkages throughout the City. A 25 foot wide bikeway is considered a minimum. As a recommendation, the Recreation and Parks Department suggests the developers may provide a voluntary contribution of 50 feet of developed Greenways/Bikeways along the E-4 and C-16 canal rights-of-way to link with the Renaissance Commons bikeways along these canals. The developer my also provide a minimum 8-acre tract of land restored and maintained as a "pine flat wood" habitat. It is also recommended that the property be located adjacent to a drainage lake completely developed with littoral zone plantings and positioned in such a way as to provide a buffer for the Skylake development to the southeast of the property and include a number of existing oak trees along the canal bank. It is further recommended that a portion of the Recreation and Park Impact fee be designated for active recreation facilities being proposed for the Congress Middle School, less than one mile to the south. 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. Lastly, drainage will also be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. g. 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. ~-~------,_._------,--_.._--~~>~--,--~-~- '. _ __ ~". __~_......_~.< _,'O_~~', '__ 0.._ ,__-,~_~<,__,,~__~,." _; n ,_~_ -<"_,,_''-',---'''->v_'_''.'..."~~y._'< "_. ,h Page 8 File Number: LUAR 04-006 Boynton Village Compatibility has been discussed under "Item b". above. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing adjacent single-family developments. The resulting development can only have a positive effect on property values of adjacent and nearby properties. h. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor, it is questionable if single-family residential development would be the most desirable use of the property, would best accommodate population growth, while at the same time representing the highest and best use ideally proportional service costs. i. 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 scale of the proposed mixed use development is such that it can meet the policy directions of the Comprehensive Plan, cited above under "Item a", by providing homes, shops, and workplaces in walking distance of each other that are designed in a manner to be sensitive to the characteristics of the site and to surrounding land uses. j. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Given the fact that the applicant is requesting a land use designation that is being considered concurrent with this request for land use amendment, there are no other sites currently available in the City with a Mixed Use-Suburban land use designation. There are no other sites in the City of similar size and location to provide this opportunity for a sizeable mixed use project. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; however, there will be impacts on infrastructure that may require phasing of the project. The proposed land use amendment and rezoning 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, provided that the master plan, as required by the Suburban Mixed Use zoning regulations, is approved concurrently. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-006\SfAFF REPORT NEW.doc · , BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial D :::: 111 .. Gt It: ... ca 0 LUAR 04-007 .... Local Retail Com erelal 25.00 acres . . ~ .. .. ~ W+E S --,-_. EXHIBIT "B" Conditions of Approval Project name: Boynton Town Center I File number: LUAR # 04-007 Reference: Future Land Use Amendment and Rezoning aDDlication prepared by Ruden McClosky. Smith. Schuster & Russell. P.A. ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS INCLUDE REJECT 1. Adoption is contingent on clarification and consideration of traffic X impact analysis requirements of Palm Beach County. 2. Commercial development on the site shall be limited to 250,000 sq. ft. X ADDmONAL CIlY COMMISSION CONDmONS 2. To be determined. VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM C. 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 o April 7, 2004 March 15,2004 (Noon.) o June I, 2004 May 17, 2004 (Noon) o April 20, 2004 April 5, 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) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative ¡gj Legal NATURE OF 0 AnnoWlcement 0 New Business AGENDA ITEM D City Manager's Report 0 Presentation D Consent Agenda [g Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City COnmUssion Agenda Wlder Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on JWle 22nd, recommended that the subject request be approved, subject to the conditions that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach COWlty, and that commercial development on the site be limited to 250,000 square feet. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138. EXPLANATION: PROJECT: Boynton Town Center (LUAR 04-007) AGENT: Ruden, McCloskey, Smith, Schuster, & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Northeast comer of Congress Avenue and Old Boynton Road DESCRIPTION: Request to rezone from R- I -AA single family residential to C-3 Community Commercial. Proposed use: Commercial retail development of ±25.00 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE N/A ~D, Ity Manager's Signature /t(fi... Planning and Zoning ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS ton Village-Boynton Town Center I \LUAR 04-ü07\Agenda Item Request Boynton Town Center PH & 1st reading rezone LUAR 04-007 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-138 TO: Chair and Members Planning and Development Board and City Commission FROM: Dick Hudson, AICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 14, 2004 PROJECT NAME/NUMBER: Boynton Town Center I (LUAR 04-007) REQUEST: Amend the future land use designation from Moderate Density Residentail (MoDR) to Local Retail Commercial and rezone from R-1-AA Single-family Residential to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc. Applicant! Agent: Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road. (Exhibit "A'') Parcel Size: 25 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre Existing Zoning: R-1-AA Single-family Residential Proposed Land Use: Local Retail Commercial Proposed Zoning: C-3 Community Commercial Proposed Use: 250,000 sq. ft of commercial retail development _ .__"__ .._...__'_~O.o_~_.....~._~__~_ .....~_.........--.,-<- .=~___>~,_"'~...~_....,.,_~___.'= .....K..'"'-__·''''..,...~~~~,...·.."___.. . "~~"""""~~<'---' '. Page 2 File Number: LUAR 04-007 Boynton Town Center I Adjacent Uses: North: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. South: The right-of-way of Old Boynton Road, then a developed commercial center (Oakwood Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. East: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. West: The right-of-way of Congress Avenue then commercial development (restaurants) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY In the absence of requested information regarding traffic impacts, staff does not recommend approval of the requested land use amendment and rezoning; nevertheless: 1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road, whereas the existing designation for single- family residential development might be viewed as contrary to the established land use pattern in the area; 2. There may be a probable need for additional retail commercial development in the Congress Avenue corridor to balance the residential development proposed within the vicinity; 3. The proposed commercial development may have a positive effect on the economic development of the Oty; however, if approved staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft.; and, Page 3 File Number: lUAR 04-007 Boynton Town Center I 4. The proposed land use and zoning are complimentary to this segment of the Congress Avenue corridor, which has developed into a retail commercial core as recognized beyond the City's borders. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment is a part of the second amendment cycle for calendar year 2004. Adoption is anticipated for November 2004. 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polides 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. tñe 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 polides contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the cited policy is not applicable. Other Comprehensive Plan policies are applicable and reviewed below. Policy 1.19.6 of the Land Use Element reads: "The City shall not allow commercial acreage which is greater than the demand which has been projected. . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." Section VIII. LAND USE PROBLEMS AND OPPORlUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected - - ----_._-~ - _.~~'~',.- "--~. _ ~-,_._,<~,,__......____<,~~__,~__,""'""."'","_...~_,~~,""_'._,'~.c_' ~ Page 4 File Number: LUAR 04-007 Boynton Town Center I demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 was not a full market study; however, it indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Ukewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning. In developing the site plan for this property, the applicant should work with the developers of adjacent properties to implement, where appropriate, the following policy from the comprehensive plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in oreler to minimize the need for trips on adjacent thoroughfares. " The provision of connectivity between this site and the proposed mixed-use project to the north could serve to minimize the need for trips, particularly on Congress Avenue. 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 would not create an isolated district, but would relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road and the concentration of retail commercial uses and centers along this segment of Congress Avenue. Rather, it is the existing designation as Moderate Density Residential that might be viewed as contrary to the established land use pattern in the area, particularly in view of the application Page 5 File Number: LUAR 04-007 Boynton Town Center I for land use amendment to Mixed Use-Suburban designation for adjacent property, being processed concurrently with this application. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for industrially-designated land, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant has submitted estimates for water and sewer flows based on currently allowable residential development and the proposed commercial development. These estimates show that if the property develops as single-family residential, the demand for water will be 219,912 gallons per day (GPO) and 176,400 GPD sewer flow. Developed with retail commercial uses, the demands for each will be lowered to 31,250 GPD. The Utilities department has stated that the ability to provide adequate water and wastewater service should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 181 single-family residential units under the existing land use designation would be 1,267; under the proposed commercial land use designation the average daily trips would equal 7,434; a net increase of 6,171 new trips. This amendment alone would not lower the levels of service on surrounding roadways. Traffic impacts were also evaluated in combination with the concurrent applications for land use amendment and rezoning of the adjacent property. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer. However, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road, and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Rve-Year Roadway Improvements Program (2003-2008). Absent any positive response from Palm Beach County with regards to additional data and analysis the Traffic Division has requested, staff cannot recommend approval of the requested land use amendment and rezoning. The Police Department has utilized statistical data for the Wal-Mart Super Center to assess the possible impacts from the super center proposed on the Boynton Town Center site. During construction of the Wa/-Mart, there were 17 calls for service at the site and extra patrols were deployed to curb criminal activity. Data collected for each calendar year (January 1 to December 31) since Wa/-Mart opened in January 2001 show the following: - ~ -,_._-_.~~---~ -~~,-~---.--- """.,......~~_..'~.~,,__'<1-= _O,_"",~ ,~~.~,''''''',,<---.. ~__......'..",-"-,~;...._~ .~,._~>.~-,., 1,-, · Page 6 File Number: lUAR 04-007 Boynton Town Center I YEAR TOTAL CALLS FOR SERVICE* TRAFAC RELATED CAlLS** 2001 568 89 2002 722 135 2003 809 219 * Shoplifting accounts for 50.8% of the total calls for service. ** Traffic related calls included In total calls for service In addition to the super center, there will be smaller commercial uses as a part of the complex and in the adjacent Boynton Village mixed-use development. These businesses will generate approximately 81 calls per year. Coupled with the 1,120 dwelling units, also associated with the Boynton Village development, the data indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Rre Station #4 is completed and in service prior to completion and occupancy of these new projects, 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 backup in the northwest section of the City. Approval of new development projects involving multi-family of high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. 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 10-year planning period. The School District of Palm Beach County does not review non-residential projects for concurrency. 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 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. Compatibility of the project with surrounding uses is discussed under "Item bIt. Given that properties in the remaining quadrants of the Congress Avenue-Old Boynton Road intersection are developed with commercial uses, the development of this property in a similar manner will not affect property values negatively. f. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor Page 7 File Number: LUAR 04-007 Boynton Town Center I and the changing circumstances cited in "Item a", it is questionable if single-family residential development would be the highest and best use of the property. 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 application states that the Boynton Town Center will contain 250,000 sq. ft. of retail commercial development. . This will have a positive effect on the economic development of the City through its contribution to property taxes, employment, and the support it provides being "an anchor" for other commercial businesses. Under the Local Retail Commercial land use designation, a floor area ratio (FAR) of up to 0.5 may be considered. This FAR would allow up to 544,500 sq. ft. of development. Development at this scale (above 400,000 sq. ft. of commercial uses) would necessitate review of the project as a Development of Regional Impact, and would be far beyond a scale related to the needs of the neighborhood. Staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft. This would allow the development of the "Big Box" used in the traffic impact analysis, as well as several smaller uses. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already aI/owed. There is little vacant land in the City designated Local Retail Commercial, and certainly no parcel approaching this size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, it may, however, create additional impacts on infrastructure, particularly the roadway network, that have not been anticipated in the Comprehensive Plan. The project may be compatible with adjacent land uses and may contribute to the overall economic development of the City. Therefore, staff does not recommend that the subject request be approved. If approval is considered, it should be with the conditions that the amendment and rezoning meets the County's Traffic Improvements Standards and that commercial development is limited to a maximum of 250,000 sq. ft. If the City Commission recommends conditions, they will be included within Exhibit "B", ATTACHMENTS S:\PlaMing\SHARED\WP\PROJECTS\8Oynton Vlllage-Bovnton Town Center 1\WAR 04-007\STAFF REPORT NEW.doc -- - -- -- - -----~--------~~---_.'_..~-~-----,"=,,~- ~~.~~~."'--'- .- . '.~. .'_.. . . , . BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial D .---.-.-.-.-.-.-. :::: -! . 0: -- \I 0 LUAR 04-007 ... Loca' Retail Com ere'a' 25.00 acres Local CommercIal . . .. - .. "" W+E S EXHIBIT "B" Conditions of Approval Project name: Boynton Town Center I File number: LUAR # 04-007 Reference: Future Land Use Amendment and Rezoning application prepared by Ruden McClosky, Smith, Schuster & Russell, P.A. ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS INCLUDE REJECT 1. Adoption is contingent on clarification and consideration of traffic X impact analysis reQuirements of Palm Beach County. 2. Commercial development on the site shall be limited to 250,000 sq. ft. X ADDmONAL CITY COMMISSION CONDmONS 2. To be determined. -..--.-- . --,-- VIII.-PUBLIC HEARING ITEM C. 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 o April 7, 2004 March ]5,2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o April 20, 2004 April 5,2004 (Noon) o June 15, 2004 May 31, 2004 (Noon) o May 4, 2004 Apri] 19,2004 (Noon) o Ju]y 6, 2004 June 14,2004 (Noon) o May] 8, 2004 May 3, 2004 (Noon) [8J Ju]y 20, 2004 Ju]y 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [8J Public Hearing 0 Code compliancelLegal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22ml, recommended that the subject request be approved, subject to the conditions that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County, and that commercial development on the site be limited to 250,000 square feet. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138. EXPLANATION: PROJECT: Boynton Town Center (LUAR 04-007) AGENT: Ruden, McCloskey, Smith, Schuster, & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Northeast comer of Congress A venue and Old Boynton Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial. Proposed use: Commercial retail development of ±25.00 acres. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~i_ ML Plamúng and Zonin rrector City Attorney I Finance I Human Resources S:\P]anning\SHARED\WP\PROJECTS oynton Village-Boynton Town Center I\LUAR 04-OO7\Agenda Item Request Boynton Town Center PH & 1st reading amend LUAR 04-007 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-138 TO: Chair and Members Planning and Development Board and City Commission FROM: Dick Hudson, AICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 14, 2004 PROJECT NAME/NUMBER: Boynton Town Center I (LUAR 04-007) REQUEST: Amend the future land use designation from Moderate Density Residentail (MoDR) to Local Retail Commercial and rezone from R-1-AA Single-family Residential to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc. Applicant! Agent: Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road. (Exhibit "A'') Parcel Size: 25 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre Existing Zoning: R-1-AA Single-family Residential Proposed Land Use: Local Retail Commercial Proposed Zoning: C-3 Community Commercial Proposed Use: 250,000 sq. ft of commercial retail development -".. ..' .'-,----"--'-=.~---~...~......'=--......-..~----,..-----' - -'-' Page 2 File Number: LUAR 04-007 Boynton Town Center I Adjacent Uses: North: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. South: The right-of-way of Old Boynton Road, then a developed commercial center (Oakwood Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. East: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. West: The right-of-way of Congress Avenue then commercial development (restaurants) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY In the absence of requested information regarding traffic impacts, staff does not recommend approval of the requested land use amendment and rezoning; nevertheless: . 1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road, whereas the existing designation for single- family residential development might be viewed as contrary to the established land use pattern in the area; 2. There may be a probable need for additional retail commercial development in the Congress Avenue corridor to balance the residential development proposed within the vicinity; 3. The proposed commercial development may have a positive effect on the economic development of the City; however, if approved staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft.; and, Page 3 File Number: LUAR 04-007 Boynton Town Center I 4. The proposed land use and zoning are complimentary to this segment of the Congress Avenue corridor, which has developed into a retail commercial core as recognized beyond the City's borders. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment is a part of the second amendment cycle for calendar year 2004. Adoption is anticipated for November 2004. 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be 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 property is not located in the hurricane evacuation zone; therefore the cited policy is not applicable. Other Comprehensive Plan policies are applicable and reviewed below. Policy 1.19.6 of the Land Use Element reads: "The City shall not allow commercial acreage which is greater than the demand which has been projected. . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected -- --,-~,~--"~,-,---,_.~-~- .._-----,~-----,-----"-~----',- ---- Page 4 File Number: LUAR 04-007 Boynton Town Center I demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 was not a full market study; however, it indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Ukewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning. In developing the site plan for this property, the applicant should work with the developers of adjacent properties to implement, where appropriate, the following policy from the comprehensive plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practica~ in order to minimize the need for trips on adjacent thoroughfares. " The provision of connectivity between this site and the proposed mixed-use project to the north could serve to minimize the need for trips, particularly on Congress Avenue. 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 would not create an isolated district, but would relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road and the concentration of retail commercial uses and centers along this segment of Congress Avenue. Rather, it is the existing designation as Moderate Density Residential that might be viewed as contrary to the established land use pattern in the area, particularly in view of the application Page 5 File Number: LUAR 04-007 Boynton Town Center I for land use amendment to Mixed Use-Suburban designation for adjacent property, being processed concurrently with this application. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for industrially-designated land, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant has submitted estimates for water and sewer flows based on currently allowable residential development and the proposed commercial development. These estimates show that if the property develops as single-family residential, the demand for water will be 219,912 gallons per day (GPD) and 176,400 GPD sewer flow. Developed with retail commercial uses, the demands for each will be lowered to 31,250 GPD. The Utilities department has stated that the ability to provide adequate water and wastewater service should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 181 single-family residential units under the existing land use designation would be 1,267; under the proposed commercial land use designation the average daily trips would equal 7,434; a net increase of 6,171 new trips. This amendment alone would not lower the levels of service on surrounding roadways. Traffic impacts were also evaluated in combination with the concurrent applications for land use amendment and rezoning of the adjacent property. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer. However, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road, and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003-2008). Absent any positive response from Palm Beach County with regards to additional data and analysis the Traffic Division has requested, staff cannot recommend approval of the requested land use amendment and rezoning. The Police Department has utilized statistical data for the Wal-Mart Super Center to assess the possible impacts from the super center proposed on the Boynton Town Center site. During construction Of the Wal-Mart, there were 17 calls for service at the site and extra patrols were deployed to curb criminal activity. Data collected for each calendar year (January 1 to December 31) since Wal-Mart opened in January 2001 show the following: -.,' '- -.....~---~"'.'- .~,"",_...,...'--..",,¿-,-..,,~,- ~--,-,-_._-_. ..- ,..---. -,~~ Page 6 File Number: LUAR 04-007 Boynton Town Center I YEAR TOTAL CALLS FOR SERVICE* TRAFFIC RELATED CALLS** 2001 568 89 2002 722 135 2003 809 219 * Shoplifting accounts for 50.8% of the total calls for service. ** Traffic related calls induded 1ft total calls for service In addition to the super center, there will be smaller commercial uses as a part of the complex and in the adjacent Boynton Village mixed-use development. These businesses will generate approximately 81 calls per year. Coupled with the 1,120 dwelling units, also associated with the Boynton Village development, the data indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Rre Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family of high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. 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 10-year planning period. The School District of Palm Beach County does not review non-residential projects for concurrency. 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 rezoning would be compatible with the current and ñJture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Compatibility of the project with surrounding uses is discussed under "Item bIt. Given that properties in the remaining quadrants of the Congress Avenue-Old Boynton Road intersection are developed with commercial uses, the development of this property in a similar manner will not affect property values negatively. f. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor Page 7 File Number: LUAR 04-007 Boynton Town Center I and the changing circumstances cited in "Item a", it is questionable if single-family residential development would be the highest and best use of the property. 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 application states that the Boynton Town Center will contain 250,000 sq. ft. of retail commercial development. . This will have a positive effect on the economic development of the City through its contribution to property taxes, employment, and the support it provides being "an anchor" for other commercial businesses. Under the Local Retail Commercial land use designation, a floor area ratio (FAR) of up to 0.5 may be considered. This FAR would allow up to 544,500 sq. ft. of development. Development at this scale (above 400,000 sq. ft. of commercial uses) would necessitate review of the project as a Development of Regional Impact, and would be far beyond a scale related to the needs of the neighborhood. Staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft. This would allow the development of the "Big Box" used in the traffic impact analysis, as well as several smaller uses. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There is little vacant land in the City designated Local Retail Commercial, and certainly no parcel approaching this size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, it may, however, create additional impacts on infrastructure, particularly the roadway network, that have not been anticipated in the Comprehensive Plan. The project may be compatible with adjacent land uses and may contribute to the overall economic development of the City. Therefore, staff does not recommend that the subject request be approved. If approval is considered, it should be with the conditions that the amendment and rezoning meets the County's Traffic Improvements Standards and that commercial development is limited to a maximum of 250,000 sq. ft. If the aty Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHAREO\WP\PROJECTS\BoyntDn Vdlage-BoyntDn Town Cenœr 1\WAR 04-007\STAFF REPORT NEW.doc -~,':'-~<~'-~ø - ..,--------'"'-_.--""-'<-,--",~.- . , BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial [J .-.-.-.-.-.-.-.-. :::: ! GI It: - . 0 LUAR 04-007 .... Loca' Retal, Com erc'a' 25.00 acres Commercial . . - - - 1&..41 W+E S EXHIBIT "B" Conditions of Approval Project name: Boynton Town Center I Rle number: LUAR # 04-007 Reference: Future land Use Amendment and Rezoning application Drepared by Ruden McClosky, Smith, Schuster & Russell, P.A. ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS INCLUDE REJECT 1. Adoption is contingent on clarification and consideration of traffic X impact analysis requirements of Palm Beach County. 2. Commercial development on the site shall be limited to 250,000 sq. ft. X ADDmONAL CITY COMMISSION CONDITIONS 2. To be determined. VIII.-PUBLIC HEARING ITEM D CITY OF BOYNTON BEAC · 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 o April 7,2004 March 15,2004 (Noon.) o June 1, 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) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3,2004 (Noon) [8] July 20, 2004 July 5, 2004 (Noon) 0 Administrative [8] Legal NATURE OF 0 Announcement D New Business AGENDA ITEM 0 City Manager's Report D Presentation 0 Consent Agenda [8] Public Hearing 0 Code compliance/Legal Settlements D UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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 & 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 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 FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~el~6uJ ~ City Manager's Signature 7vu 2 ~ Plannitìg an~ g Director City Attorney I Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southem Homes ofPalrn Beach\Waterside\ANEX 04-002\Agenda Item Request Waterside ANNEX 04-0027-20- 04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.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 PROJEcr NAME/NUMBER: Waterside/AN EX 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 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 "Aj 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 Intill Planned Unit Development Proposed Use: 113 unit townhouse community - -. ..~..--'-'-._-'"'' .»_......~~,__,~____~~--.>-'_._., '_'"'-_'...«><__~..~._b,.. Page 2 file Number: ANEX 04-002 & LUAR 04-002 Waterside Adjacent Uses: North : Commeråal 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-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 Oty's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal Highway Corridor 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 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 polides 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 enclaves 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 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 facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential dassification, 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 Club) 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 City's tax base. The remaining viable nelghborhood-servlng commerdal 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 Florida Department of Community Affairs dassifies 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 criteria used to review Comprehensive Plan amendments and rezonings are listed In the Land Development Regulations, Chapter 2, Section 9, Administraüon and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. 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 rezonings 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 dty'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 induding but not limited to, a prohibition agaInst any Inaease in dwelling unit densIty exceeding 50 In the hurricane evacuaüon zone without fonnulaüon of an emergency hurricane preparedness plan. the plannIng department shall also recommend limitaüons or requirements, which would have to be imposed ---~--""- _....._,._~...._---'<-- ~ ~,.......,........~_~,c..."._" ~.., ~___,..~ <,=,',__' ~,~, ~.__..,.____...."o '~. _.. -. Page 4 Rle Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, in order to comply with polides contained in the comprehensive plan. 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 City'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 rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 7ñe City shall continue to discourage additional commercial and industrial uses beyond those which are currently 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 7ñe City shall continue to change the land use and zoning to pennit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, parocularty in the Coastal Area. n The subject property is located in Planning Area V (Entrances to the aty) in the Federal Highwav Corridor Community Redevelopment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include 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 arrival in the Oty." (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 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 Cub) 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 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 fadlities. 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 daily 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 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 "0", with Average Annual Daily Trips (AADlj 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 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. 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 n ,_<'<'.......__...-..-'''''''_'_ Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire 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 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 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 commerdal and multi-family structure Increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupandes 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 occupandes for several years. New development projects invoMng multi-family or hlgh-density commerdal 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 effident 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-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 dty 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 capadty exists to accòmmodate the county's munidpalities 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 District estimates that the project will generate 9 elementary school students,S middle school students and 7 high school students. Currently, Rolling Green Page 7 File 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 compaüble with the current and future use of adjacent and nearby properäes, or would affect the property values of adjacent or nearby properäes. 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 will Increase 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 exisUng zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, 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 Federal 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 Residenüa/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 occur at a density of 10.8 du/ac; 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. ",._~""-"",o!<>=",c.-.;;.o",,,,"__·___· .. . ~"'_"""""-~'h-Ç"___ ~~_;,_>~,~.......____.,..-""~",,-.r---"""',,,,>""",.-~~ >'"""---~'~_ . · 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 district will develop to standards that exceed the City'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 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 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 included within Exhibit "B". ATTACHMENTS S:\Planmng\SHARED\WP\PROJECTS\Southern Homes of Palm Beadt\Waterside\LUAR 04-D02\STAFF REPORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A N LEGEND . 25 .. ... ISO ... W+E .... I II I' City Boundary Future Land Uses: s LRC - Local Retail Commercial . ---,....,-- - ,"" ---<,~,'~,-,~~ VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEA( 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 c=J April7,2004 March 15,2004 (Noon.) c=J June 1, 2004 May 17, 2004 (Noon) c=J Apri120,2004 AprilS, 2004 (Noon) c=J June 15,2004 May 31, 2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) c=J May 18, 2004 May 3, 2004 (Noon) r8J July 20, 2004 July 5,2004 (Noon) c=J Administrative r8J Legal NATURE OF c=J Announcement c=J New Business AGENDA ITEM c=J City Manager's Report c=J Presentation c=J Consent Agenda r8J Public Hearing c=J Code compliance/Legal Settlements c=J Unfmished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Comnùssion Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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 Commercial (Palm Beach County) and Multi-Family Residential to IOOll Planned Unit Development (IPUD) in connection with the request to build 113 fee-simple townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~-- De~l~ P3f.L?'~- City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southem Homes ofPalrn Beach\Waterside\LUAR 04-OO2\Agenda Item Request Waterside LUAR 04-002 rezone 1st reading 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.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. Rum;r. Director of Planning and Zoning DATE: June 28, 2004 PROJECT 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 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, LLCjCarlos 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 Intill Planned Unit Development Proposed Use: 113 unit townhouse community _"''''4_ :;I ._". '~..,,-,<~;,,-",-"'" ._ ,__~_~__"o~~'~-c"'-__· ~-';~'.~~...,~""----'- Page 2 File 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-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 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 Oty's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal Highway Corridor 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 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 City included policies dealing with the future annexation of properties adjacent to its boundaries. One of the City'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 enclaves is difficult for the County, ànd in fact, they rely on the City, through interlocal 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 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 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 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (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 City'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 ANAL YSIS 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 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 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: 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. 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 rezonings 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 consistenc.y 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 policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without formulation of an emergency hurricane preparedness plan. tñe planning department shall also recommend limitations or requirements, which would have to be imposed ,,-- ~Y_"·- Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, in order to comply with policies 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 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. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and ''Policy 1.19.7 The City 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. H The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include 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 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 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 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 distrid 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 City'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 condiüons 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 compaüble with uülity systems, roadways, and other public facíliües. 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 daily 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-Horn 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 "D", with Average Annual Daily Trips (AADl) 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 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 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. 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 . '~'_--'--,-.~'""~ -""........................... -"'_~Œ"'_~_S.,,'__.. ,_ ~,__.>,~_ __._.._.''''''___-....'".....___''.'........_______.~,,_>O~-_~_'''"''',,'"''~,_ -~._--'~','~---.----~--' ,- , Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire 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 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 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." 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 10-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 school 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 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 will increase 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 exisUng zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a City of Boynton Beach zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal 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 City 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 city for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density ResidenUalland use designation in Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are pennitted 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 occur at a density of 10.8 du/ac; 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;__,...'....',___...........,__' . '-n ~,.~ ~,.~' , . _ .' ~~_.~_~_..... '_~O_">_" '~.~<___,"'".._'~,..v _ ~- 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 HStudy 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 City'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 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/RECOMMENDAßONS 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 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 included within Exhibit "B". ATTACHMENTS S:\Plannlng\5HARED\WP\PROJECJS\5cJIIu-n Homes of Palm IIeIK:h\Waterslcle\WAR 04-002\STAFF REPORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A I I I I N LEGEND . 25 !II toO 150 :æo W+E Foo. I I I "' City Boundary Future Land Uses: s LRC . Local Retail Commercial . .'---- .--..- ---'~,"---,...."", ----. --,..._---_.....,....."-~.--,>-- ~ ,"- ~--""-~...~~------_.,~_. VIII.-PUBLIC HEARING CITY OF BOYNTON BEACE ITEM E. AGENDA ITEM REQUEST FOL.~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J Apri17,2004 March 15,2004 (Noon.) c=J June 1,2004 May 17,2004 (Noon) c=J April 20, 2004 April 5, 2004 (Noon) c=J June 15,2004 May 31, 2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) c=J July 6, 2004 June 14,2004 (Noon) c=J May 18, 2004 May 3, 2004 (Noon) [8] July 20, 2004 July 5, 2004 (Noon) c=J Administrative [8] Legal NATURE OF c=J Announcement c=J New Business AGENDA ITEM c=J City Manager's Report c=J Presentation c=J Consent Agenda IZI Public Hearing c=J Code compliance/Legal Settlements c=J UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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 Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~ Developme lty anager's 19nature ''1-tJ (-4 ~ City Attorney / Finance / Human Resources Planning and Zo~ lfector S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Waterside\LUAR 04-ü02\Agenda Item Request Waterside LUAR 04-002 amend 1st reading 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.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. Rum~ Director of Planning and Zoning DATE: June 28, 2004 PROJECT 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 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/acD 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 dujac Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 113 unit townhouse community ,~.,--_....-...-..,~"" ,...:..------""'_...~~---,_....--->-' .' _ ." ..'_' ~~.' _w>,....~__,;-___.·~ ~_~..,_~~~_,,__~ ,,'y'_ ,".~-- ~-..- ,~ Page 2 File 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-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 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 policies in the Comprehensive Plan, and the adopted Federal Highway Corridor 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 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 City included policies dealing with the future annexation of properties adjacent to its boundaries. One of the City'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 enclaves is difficult for the County, and in fact, they rely on the Oty, through interlocal 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 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 facilitated by the City'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 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (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 City'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 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 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: 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. 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 rezonings 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 policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without formulation of an emergency hurricane preparedness plan. tñe planning department shall also recommend limitations or requirements, which would have to be imposed _ _ __~_~ _' .._ ._'''._~,'_~.~_;o,~""'.. ,_ ..,_,.,~_,____...."...---,,",,~~,,~,> _, _.._'.'._ ~.'«Õ'~"__.__ Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, in order to comply with policies 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 facilitated by the City'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 rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 7ñe City shall continue to discourage additional commercial and industrial uses beyond those which are cun-ent/y shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least'~ and "Policy 1.19.7 7ñe City 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. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelopment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include 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 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 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 City'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 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 facilities. 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 daily 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-Horn 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 "D", with Average Annual Daily Trips (AADT) 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 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 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. 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 Rre Station #4 be completed and in service by the time these new projects are completed and . ,.0_- ~,___'..'~ __'__.~__~~ ' _ ~~~.'~,",'-'---'-''''''M_~",-.~.~'· . -,",~-,-,''-'~---,--~", Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire 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 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 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." 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 10-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 school students, 5 middle school students and 7 high school students. Currently, Rolling Green Page 7 File 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 will increase 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 City, the Palm Beach County zoning must be changed to a City of Boynton Beach zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Commercial zoning. The remaining portion of the property, currently zoned MR5, 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 City 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 city 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 infi" development and redevelopment. There are a limited number of sites elsewhere 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 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. ~ -~............-=--,-~..........--'--".._,-", "--~-,~.y-,._----,,",-,~..,-,,, ,.~ -.._,,,,~_..,"""",~-''< 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 district will develop to standards that exceed the City'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 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 contribute to the overall economic development of the Oty. 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 included within Exhibit "B". ATfACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Southem Homes of Palm IIeac:h\WñnIde\LUAR 04-002\STAFF REPORT NEW.doc WATERSIDE: LOCATION MAP EXHIBIT A I I I I I N LEGEND o .. .. 100 ISO "'" W+E - · 01" City Boundary Future Land Uses: s LRC - Local Retail Commercial . .-....,~..._._.__ '__v-" ~_..' -- _._--~--,,~ .. ,-, VIII.-PUBLIC HEARING ITEM F.. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOklvl 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 c=J Apri]7,2004 MaTch ]5,2004 (Noon.) c=J June], 2004 May ]7,2004 (Noon) c=J Apri] 20,2004 April 5, 2004 (Noon) c=J June ]5,2004 May 3], 2004 (Noon) c=J May 4, 2004 Apri] ] 9,2004 (Noon) c=J Ju]y 6, 2004 June ]4,2004 (Noon) c=J May ]8,2004 May 3,2004 (Noon) [g Ju]y 20, 2004 Ju]y 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [g Public Hearing c=J Code compliance/Legal Settlements c=J UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 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 ALTERNATIVES: N/A ~- Develop ~¡)~ City Attorney / Finance / Human Resources Planning and Zo Director S:\P]anning\SHARED\WP\PROJECTS\Boynton Seafood\Agenda Item Request Boynton Seafood ABAN 04-002 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 20-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 lo~an, 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 23rd, 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 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 Avenue. Thence westerly along the right of way of Northeast 10th A venue 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. "_____.._' '.loci .~~__.,c<,'w<_~'__~,'.,. 0' ~~___.... ._, ........".........>_",~.,',i!-' -, ..~,'_.._.,-.____~___. ,-,~~.___ __~~O~, -, 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 I reconfiguration. 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 Works/Utilities - 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 (Adelphia) - 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 Exhibit "C" - Conditions of Approval. .~: Central File IaMlng\SHAREDlWPlPROJECTSIBoynlon SeafoodlSlaff Report.doc · 1 in. = 100.0 feet R 3 IT I I R 1- BOYNTON SEAFOOD LOCATION MAP EXHIBIT "A" ..' ,", '~'-=--"-------~'"""Þ'='--"--'-""---""'~ ~>_',"." _ ..._h_,>_......'~'_w~·....-.-,;". -,--,..._--.~----~.-,_.. -., /: R/W L)/%/E N. . EXHIBIT "8" . '/GNWAY ..... '" \1\ ¡. BOYNTON SEAFOOD .... "- I ~ I ...... '" I '" I I ~'\ t)~ I ~':: " I c'" tÞ I ~ r--. ~~ ...... I ~ ~ I ~ I I '" ~' I:::> I ".0'" I 1.J1./!11 I .0' !P (tl' ~!I. , ¡! t - :of.~73' ~ t. ~~; ~ . ~ .41 cl\ ~ ' I!' t" ~.() ~~ t..'oIJE .. ~~IA ~ · '" Ij/./~' ~ ~ ,0\\ ~ ~ ~ .... 1It'~ ~¡ I!' ,.... b . 5:1 èb ~t ~ ~}ó - .. 'CI .. ÌII r~ Iì. I:b", I>t., ~ ii t· f ~'" ~~ '-Ì" ~~ ~ ~ ~f'i\ tb ~ ~~ OJ ~~ ., g ~ I If uqnnqi~1 ~ i !i ~ãl ~l it ~ft lt~"'" 1/ /j r--- I ~ ~~~æU ~ UU~· Ii g) J:~ tí il Uli I h~¡g",,,, ~"GI os. f" ~(. 11 IS I?" ~II' ~ "m~ II< .i~~~ t Ii -.. J II (' iiô '" s;i ~On~g e~~~~ It ,J? .. ", ~ [! ~ ~u ~,~ ii4~ ~j~.¡. c m~.~· ,( I 'n · If ~~.,.+ " ?:"'m"'oI ~ O>.i 0 If -' '$I . ~s;:C5 ~N'b " ! ¡¡:~Eiz~ ,,~~;;:~ : I Z ~2. .. i~ i 6 ~ . :s~~ ~~C; > m E ã~13 ~~ C 2~:D~:ï!· Z¡!:~ '2, i ::4!f~ ~ ~ ~~~ 81 §I~o~U ~ ~:ï!~~~ . ' . t iilr I J i ~ ¡il ~~'" tb~· ~Iff ~i~zl3ti :D~~~~ . ~ i - Õ I ~~. i f[1 ';~bI ~~ !ii8~2;;: ~§¡~~:r I . >- "ih. ;:- i ~ 14 ....:t: ~l~ _",:Do¡zm ~õ. "'~" I >OR}' ...e.. I E!!b ~~ ~ ",::¡oz!,>~ ;¡:>c' r 2. i:1::! . ¡. ß,r: ~~~ ~~~~~i O~~~.~ . t I, r.. , 1"" Q,~ ~ ~ '. ¡tè ..... %",O~2~ ~oz:~iIi . to, ~ i It go ·lti:i ~ c.c.=-: ~~~g¡i:~ mooi;iR~ i f I i !J¡e. ..... l.ii- !~~¡t ..~~~~~~ ~ ø I . i Iii '0 .þ.~ c [ ~ (.u~ !! ~~~~¡z< õ!j¡~i>~ '.;; f-< ~ [ 0 ~ ÚI& CD .. c.,.... ~ ~~ >om",; 'If It'" ~ -< ~ .~ ~ lilhi ~!hh-H- 1::1", I .~ ~~ I") i . V)~ ~;I~J~ !i~ii~ ill !l ~~ ~~ ~~ U=i~1 mf ~.~!~~ ~~ 'li~1 I . 5i~. §I!I III ~ ~ ~ ~~ U'~ §. bl!' I~ tii~ . ~!il ~ - I: ~ ~~ 1 r' ~m Q c:s~ i I¡ ~. . . Iii; ~J ~-. ""< II ~'. . al~~ . · J !I§§I ~. .. III! . ~ . I !I; V¡ ~;~~ ~ ......., m:' ~~~~ EXHIBIT "C" Conditions of Approval Project name: Boynton Seafood File number: ABAN 04-002 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: l. 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. 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 - - ._-_.~-~, >---~'-",,~.' .,~ . · 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.\Plannlng\SHARED\WP\PROJECTS\Soyn1On Seafood\COA.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM G. AGENDA ITEM REQUEST F&uJ.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 o April 7, 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) o July 6, 2004 June 14,2004 (Noon) o May 18,2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda ~ Public Hearing 0 Code compliance/Legal Settlements 0 Unftnished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be denied, to allow for continued public access to the waterfront via the subject walkway. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-151. 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 IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~rure DevelOP~ 1~~)¿,~ City Attorney / Finance / Human Resources Planning and Zo Director S:\PlanningISHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 7-20-04.dot S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-151 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf f\-~ 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 subdivision 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 " ~~.---_:~'~-' .-- -~~--,-"-,,,,--,--,-,~...-,.~,.,~-- - ...,,-"-~--,~-,-,-,.--.,- _.'-, 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. The 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 staffs 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:lPIannlnglSHAREDIWPoPROJECTSIlake Dóve NorIhlABANlStaff Report.doc · 1 in. = 100.0 feet R-3 -3 R 1- A -~.... LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" _..,-,_.~~~-;,-=-~....,'...,.----=-'- '- - '- '--' '"'--"'~~"->'''''''~'"'''''~';-'~' < ,----'>. ".- -,~-._-~",,,~~~."""~'''''''---'- - -EXHIBIT "B'~ L.AKl: WOIm-I \JATERlrAY , ~. ".to· -- - ---. ':> 00'4"OO'E t ' ~ITI! I> 1M. c;K Ia); - . . ,..,II .. j ~~'" .. . . ,..,¡. .~ ...: ~ ~ ,. . ~IO 41'''' I , I if ,~,'. . . , 1: ~ .. i rD'l'1!ll: Ia). -i 'I © I-OÇA T I(;N MAP N.T.':>.· -, ~ à- ... .. c;) c;) ~ .. - c;) - - '" 0«A11Wie NITre: '" "-DOl) zø,e, /IJ 18. 'II ()I/to/lSt . ~ 3 G/JIIotUII TY-r1H:l- NO. I zø '" (ØØ4 C; 11..1 1LI .", kefl'B: ~ to, I 'IIS1 a å LOT AIœA '. ", ~ I'T -/- a a b ~ or Z Z I'ROI'fInY ~: I.AIœ ~,ve NOImi DO'INrQN DfAØi, r\..OflPA ,"'" cml/'Y TO: I NITre: I. ~ UTII..ITle ~ NOT !.OGATa> exa:rT /Ið 'JH7IN. t. =~V?"~~~, ~'CIHI'-ØI"-WA~~~ ÞIÐ 01t8 .. ~'MI'" ..-: Of' . . ,. a.ew.Tlcte Me *TICItW- fil!OÞ~nc; .. \lST1~ PAnu Of' I "t'l. . ..,II ... ~INMo N/.r. IM'B GM ~ weT ~IWI..IIC *þ~.\ Of' I.AIœ ~IPe ~Ive, A')')IMp TO ~ N (J( (J()'(J()' ~. . . ,..toll t'$ :¡.o 5. ¥lfDH ~ NÐ GN' ~ NC7TtP. ~. ~ nor'O"Ja) \..Of tI:IIÐe. -,10 . 7. ~1!)('~TIN6LOT.~. ~:¡.o N ·OO·E t.8iIH1 : <\fJ 4.Z0· I' ··l'lew I I~ ~~ PM>. . I'OUC> UJNG.· ~ n.. - aevAT'DH Nt) - *11.. . )'~ ~IW . It,ettr Of' WAY ~.,~ ~ '.D. . ~ee..a. I~ . IRIIN ~ . "" ..~~ï..AKË DRIVE NORTH u.~. . lITII..'TY ~ NtTT - *11. /IH) TIN~ M.J!. . toallf\!NlfR ".... - r\.CIIt 1M roe . I.leHr m- - r ~.I'.. I'SMItefr ~ 1'1>1 - _lm I.t:1I:It II .~ NOT VAL-ID WI1WlJT 11-1: ':>16NATURE N:Ð Tt-e OR161NÞL. 1i:A1c;ep ~ Of' A ~IDA \..1GfN'£D ~OII: N:Ð ~. . eolWARY ~fM:Y ne ta1H 4.f· WALK (~) ~L.Alœ!Jløe ~. A ~IVI<;'IØN (III 'tH! TCM4 Of' eo'INroN "-«II». INS 10 11-e PLAT Of' ,.,11) '. ~IVI4)IØN ~ IN Tte o,.;;lc;e OF Tte cu:RK Of' Tte C;I~IT c;ourr IN ÞH> ~ P'ALN DeA(;H GCUnY. "-« IDA. IN PLAT I'JCIOK ð AT p'. '7. 4-QZ-Q4 I . -20' r.D..~I1-E,.. ~ WtTl!: -.e. .~ ......1 ~AI.. ~ I N6 t;,Y?Tð.f=.>, 1Nc;, 04-04-042 (;BT1,.1(;A1'e Of' AU11-Ø tZAT 1(»1 NMIS LD ,... un I.AICI:!·ØKI~ MXtH 1:IO'tN1"(N eeACiH "-OR1ø. 'M" ' Of"r=tGe: Nt ·7~-D4,i ,.AX: '" -7U~ " " LAKESIDE GARDENS Jb;;:f ~~~ ~ .. EeJT "8-·1" I being 8 subdivision of " L1 .' the north 683-4 ft. of the south 983.4 ft. of both Oovt. Lot ;J , n Sec.. '5 and that part of the S.\v.~ of the N.\Y.~ of Section 15 lying east of the Dixie Highway, all In TWP.45 South R. 43 E., Palm Beach County, Fla. 1922 Seaboard E:hgr. Assn., Scale: 60 ft. to the Inch. P. R. Bo"","ers, Chief Engr., _Â' Keisey D. Purdy Þla. Cert. 137. j~e Lake Stiles C. Hall I Owners & Developers Worth .,~~- ~ ---' .', .,,;, " --- , '., ,.. ri ~~-.-' " ' ,,- " I ' rO'O' -'. ~- --" - -~~'I'-"" ~'" . ,,- : , I i Ii; ,". ."-- '-~t-'~, o ~ I . ~ . ~ I ~ ~ . , ~~ - 25 ¿6' ¿7 ¿'8 ¿.9 30 J! .3.2 33 3-1 -35 -36 :; 7 .9¿ .93 .94 .95 96 .9 7 98 .99 100/01 /Oè /03 104 'OS . , ! -1-- ~- :'-"~f- - - -.- - - - - - ,.~o - I~"'Þ N' -, -- - - -" -- -- - - $00 ~: .. - :5:0 - - - - - - .. " .. ,1'.1.0 ',S.o ~ .' ..!toO .. :j.0 .-. .... ".. ~z .. LAKE·' DRIVE f . , , ~ ~. ""'.~ .............,.,. N-. -'.0, "ro,~o _·CT'..o~o ..,..,......"."." .. 1'9 "'i'"""" "Ii" " · - µ - - ï -; ~,s.r ~#.. ¡;-.~ - -i - -t - ,- ¡ -, T - - I- - --¡. ~...r .;;v, - - - - -- ¡ rU' I; Ii! i I I I ¡ I 'ii J I ¡ Î , 0 ~ I 0 I , :'''''3 221'" I 20 ~ E~3 ,",21"1 ,'" I J"13B I., 190 " BB B718§ ~ Iì! ~ '" 00 ,~,~ roT ~~' ' tIt. '¡ Q ~ I ~ . I I I ~ <.. ~ i' 'If !- t" 1~!-;1o.i I I ~ ~ I t- ~ !1 ~I I .; i ~ , i '1 ~ I ~ :.: ~-.lÏi ~ Ui ~ i ¡¡I ! : I Z if' , ,,- 5. .,,'~ 10' /56.0 /" o. 0 ca ," /,$',:.40 0 ' ~ ..1.9 , :' ¡:¡¡ : 44 85; ~ ~ !~ I II,;;! ~ !,. T ~ ' . 18 i' ¡ 45 e4 I . ' I /1.3 .' . /7 ~: I' ~ -1'6 8.!J .~, - -j'~ -- --n4"-,~ ,,~-:- ----:- - " ' , f' ; '..7 B¿ I' , I '" ,~""L_O_"J ~~U_~{~'C ,. . . \ -r- I - I~ I , . I 48 lY, I . . ~ /'/6 '" <J>\S). . ~ . . ~ 14 3,n~ ~".u. : , JJI'o.... ->,...;,( ~.9 80 "30Q :y:.I·"'1 : . : "'''0 :s,.~ //7· I T . " : ' . ~.so T$ , I ' I "', I I I ,/'.e t . , I 51 78 I ' . I //.!! , ~--- I I I 1/ .' 5,2 . 77 I ' . , /.ëO' , ! f . . . '" 10 I ' , I 53 76' I , , : /,2/. ,I ¡ ~ . I... . ~. I ,"- ~ . 54 T~' ~ : ,"- ,~ /.ë2 ' ~- . T .. 8 . ~ , ' 1" ~'5 74 ~t ' . ~ /2.3 ..:, ~ , ' ~ 7 ~ ' . ,I ~-€ .- T.:J '¡ . ' ; /.ë4 ' : 6 i ~ ~ ~ T 57 . ;-¿ I . , : /.?5' I 1 /J....O ' I /5'~.(} I ~ '~..... .. j2S:0j3S.0 ~ J/.O :s.c . :' . ;.?s.o"!, 71 i 'I . I /¿6, : Ii. I ~ ~I :; ~ I' i ,., I ~ I " . ~ .~ I ~Il': I;. '! TO I "!I 8 - I /27~- , .;..... I I ;'. '~.o , J ' I " .- - 'I ~!'II.o Q ':) ~.. I ' ~ u::o - .. .. 5:0 .3/.,0 ~ J/.~ 2$" .. ,. 1"5.0 -! "0" ~ I~" ~ " ~ .I~ i! .3 -9 .1'" ~.., ~ ..'" ~ \ '1! 0 1: ~ ' I , S,· , j 'j , ", ,. , ..,:AO· ~ ~ ~ ~: ~8~ 59, 60, 6/ 6Z 63 ~ ~ å ~~, ~ a ~ ! ~ I 1-, ,~ . _ ~ . ~6,f 65 66 f. 7 68 '~~ . ~ ;'i! ",,- " - - - I ~ .¡ ~ 69 I" ~" : ,"" ",-- ';.-:.; -> ~~..' " ~'i ~ ;: r~ '¿; '-"113' '''' ",I · ., D ~ . --'0 -31.ë>", '.I'£L.- - - - , , ~ I ~ ',~. "! .~.l....... - , I ~ ~ . <;) 1 n' - ~¿ -. -: 1=. J6..fO.O 41 ~ ~ ''''.->-. ~ /3 ..:V.R~ L. .1,':1 0" . ; ~_.-'''O ";~~./.9:: ~- -=r - "'N - a~a ~? " ¥. u. c ' -. "VV..A.Y '! -'- ~- 'i - ft. ft. -i " ~~ . . ~ . I -4/ ~.. -- z ~ ----:r~'7 ~IN. ~ " EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ABAN 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 DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT 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. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planßlng\SHARED\WP\PROJECTS\lake Dnve North\ABAN\COA.doc VIII...PUBLIC HEARING CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST Jiv~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 o April 7,2004 March 15,2004 (Noon.) o June 1,2004 May 17,2004 (Noon) o April 20, 2004 April 5, 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) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM D City Manager's Report D Presentation D Consent Agenda [8J Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing.. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04- 165. EXPLANATION: PROJECT: NW sth Avenue (ABAN 03-011) AGENT: City-initiated LOCATION: Approximately 400 feet west of Seacrest Boulevard between lots 154 and 155 of Block "C", and lots 154 and 155 of Block "D", Boynton Hills subdivision. DESCRIPTION: Request for abandonment of portion of an unimproved, 50-foot wide road right-of-way for NW 8th A venue, adjacent to lots 154 and 155 Block C, Boynton Hills subdivision. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~~ I Develop City Manager's Siinature ~)7~ L Planning and Z~ Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\NW 8th Avenue\Agenda Item Request NW 8th Ave ABAN 03-01 I 7-20-04.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-165 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf \\GV 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 (ABAN 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 Seacrest Boulevard. This abandonment is for the following unimproved right-of-way segment: That portion of the road right of way for NW Eih A venue 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 1 O. 00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 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 143°33'18" to the right from the preceding course, a distance of 50.00 feet; thence westerly forming an included angle of90000'00"to the right from the preceding course, a distance of 240.16 feet; thence southerly forming an included angle of 90°00'00" 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 12(j026'42" 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 1 00.26 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 Abandonmenf 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 Page 2 Memorandum No. PZ 04-165 "BAN 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 pattern 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: ~ITY 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 'ould be noted that the subject abandonment can occur while leaving the chance to preserve a portion of .Immetry within this section of the network. This balance in the network is contingent upon the ultimate improvement of the remaining unimproved segment (Grand Blvd. West) of the "diamond" configuration that surrounds the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01-004 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 50-foot 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 "CD - Conditions of Approval. xc: Central File S:\PIanning\SHARED\WP\PROJECTS\NW 8th Avenue\Staff Report.doc ..J. ... ..J. 0 0 0000 ..J. 1 in. = 100.0 feet ......- -- 1320 ~~~.. ------ 1330 1560 1402 1460 1470 - - 1501 ;80 1690 R-3 1230 --- 1300 1210 ..... c ..J. NW 8TH AVENUE LOCATION MAP EXHIBIT "An EXHIBIT "Bn -----~--,-_. -'-',----- --~' -----'- --.- - - -,-- -'-_. -..------. -.-'-----.- fî~!iI~~ililll~iiill I!tìj I i!~ I ~¡~ ~i~ ~ ìii!~ ~ i~i~ ~~ S~!~"i'i ~~ .>~!i~ : ¡. ~ ~ ~fdi ~¥li~1 ~~; r~ ~ e > '-ä · "1'~ ¡'! ~~~~! ¡Ii: i¡l i!·~¡,·~!IIIi,fI~ '1!~ ~¡f ~ g> i" ~ P < >&:~ d~ · > =ï~ r!~ ~,~"i§ ~>i~ .!' f'~ ~~ ~ ~~~ ~g~~ ~ ~ ~"~~ ! '0 ~~ ""-i o""-i ~ Uì I~q :>(Uì (")'-" !ì~ !~ c)'-" ! I ~~ã ~~R""-i :>(~ -L(')~ ~r- !~ ~i~; (")~ t r -- -- ~i~ .. 1!1t- ! ~; C)~ I I II~- · 0 - "II~ §i!5~ I i~:~§ i II !8 iCl¡t!<J d fi1 - JI! ~ ~ ;~ , i ~ I I IiI ~ , 'Iii en I ~,t¡~ " ~i I ~ ~ ~ · .'II~~ i ~I§ 1 i I I ;~II~~ ¡i!1 ~ I ~¡;p I ~jli 0 ..~I-< i~; ~ ! I ¡ ~ 1111 ~ Î;! f1'i !!I~I :0 Ii I : ~ &iC ~ · ~~ ~ iil-< ~ .~ 7L f) 't ~ EXHIBIT "C" Conditions of Approval Project name: NW 8th Avenue File number: ABAN 03-011 I DEPARTMENTS I INCLUDE I REJECT I 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 inftastructures. 2. If a utility easement is required, no structures shall be constructed or X landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. 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 Conditions of Approval 2 DEPARTMENTS INCLUDE I REJECT I I PLANNING AND ZONING I I Comments: None X PRlV A TE UTILITIES Comments: 3. Florida Power and Light will 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: I 1. To be determined. I I I S:\PlanningISHAREDIWP\PROJECTS\Boynton SeafoodlCOA,doc .._'____,~.........._______.. _._~~_.__,___ _ ..'_ J'P-T'___·_...,~_·..',,__, . > _ _ -,-.-.'. '< <,< VIII.-PUBLIC HEARING ITEM I. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office D April 7, 2004 March 15,2004 (Noon.) D June I, 2004 May 17, 2004 (Noon) D April 20, 2004 April 5,2004 (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) [8J July 20, 2004 July 5, 2004 (Noon) D Administrative [8J Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation D Consent Agenda [8J Public Hearing D Code compliance/Legal Settlements D Unftnished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-166. EXPLANATION: PROJECT: Comprehensive Plan Text Amendments (CPTA 04-004) Figure 4-Functional Classification of Roadway Map OWNER: City-initiated DESCRIPTION: Request to update Transportation Element data and analysis Figure 4 (Functional Classiftcation of Roadways Map) by adding two roadway segments classifted as Local Collectors. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALnRNATIVE~ ~ Development Dop_ ;, :0< City Manager's Sigkture ~id~ectO< City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CPTA\04-OO4 Funct.Class Map\Agenda Item Request Comprehen.Plan Text Amend. CPT A 04-004 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT . PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-163 TO: Chair and Members Community ~pment Agency Board FROM: Dick Hudso, e r Planner THROUGH: Michael W. Rumpt0-~ Director of Planning and Zoning DATE: June 30, 2004 SUBJECT: Transportation Concurrency Exception Area (CPTA 04-00-'> INTRODUCTION Over the past several years, the Community Redevelopment Agency (Agency) has initiated several redevelopment plans with the intent to build a livable, sustainable community and provide a catalyst for redevelopment and growth within the Community Redevelopment Area (CRA). The redevelopment plans promote and increased residential densities and commercial intensities in an integrated mix of land uses that enhance non-automobile modes of travel. Even so, we are aware that the redevelopment plans will ultimately generate additional vehicular tràffic impacts on the transportation network in the downtown and surrounding areas. These impacts could severely limit the redevelopment potential of the downtown. The establishment of a Transportation Concurrency Exception Area (TCEA) for a portion of the CRA (see Exhibit "c'') will give the City and the Agency an essential tool to meet the goals of infill development and redevelopment while minimizing the negative consequences of transportation concurrency . The TCEA designation is being pursued under the requirements of Rule 9J-5.0055(6)(a)2, Florida Administrative Code, as a specific geographic area delineated in the Comprehensive Plan for an urban redevelopment area containing not more than forty percent (40%) developable vacant land. The amendments to existing goals, objectives and policies and additions of new objectives and policies have been developed to provide a set of strategies and recommendations to manage traffic operations, maintain mobility options and support redevelopment in and around the TCEA and the City's Community Redevelopment Area. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting traffic concurrency, it also sets limits on the amount of development that will be allowed (Policy 2.1.8). In addition, there are requirements for periodic monitoring and requires specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. -'--~.~............~---~..~ - <" ..__>o_-......,..,."_~_,,."',............~.......~"_"'_. . __h...··.." Page 2 File Number: CPTA 04-003 Transportation Concurrency Exception Area PROCEDURE In October 2003, the City of Boynton Beach petitioned Palm Beach County to amend the Transportation Element of the County's Comprehensive Plan in order to recognize a TCEA in the City's Community Redevelopment Area. Those amendments were approved by the County Commission and transmitted to the Florida Department of Community Affairs (DCA) in early April 2004. This is the City's first opportunity to amend its Comprehensive Plan to meet the 9J- 5 requirements. As with all text amendments, these are restricted to the twice-yearly cycles of "Large-Scale" amendments. Following approval by the City Commission, they will be transmitted to DCA and other state, regional and local agencies for review and comment prior to final adoption. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Kimley-Horn and Associates, Inc., transportation consultants, has prepared the accompanying justification report (Exhibit "A''), proposed text amendments (Exhibit "B'') and location map (Exhibit "C''). RECOMMENDATION Staff recommends approval of Comprehensive Plan Text Amendments to establish a Transportation Concurrency Exception Area (TCEA) in portions of the Community Redevelopment Area of the City to give the City and the CRA an essential tool to meet the goals of infill development and redevelopment while minimizing the negative consequences of transportation concurrency. ATTACHMENTS S:\PIanning\SHARED\WP\SPECPROJ\CPTA\0+003 TŒA\STAff REPORT CPTA.doc City of Boynton Beach Transportation Element Goals, Objectives, and Policies Goal 2 To develop and maintain a transportation system which will serve the transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes I multi-modal transportation options. such as walking. bicycling. and transit. Objective 2.1 The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards2 except within the transportation concurrency exception area (TCEA) and desil!nated constrained roadways at a lower level of service (CRALLS): · Level of Service "(;D" or better uBder dail)' and peak hour I conditions on all unspecified City and collector highway facilities. · Level of Service "C" far 8-"/erage daily aBd Level of Serviee "D" for daily-peak season aBd year rouBd peak hour conditions on all lHr!!!!specified arterial facilities. · Level of Service "D" for year rouBd daily ed peak hour conditions on Seaerest Boulevard south. of SE 23rd ¿-\veBue, US I betweeR BO)'RtoB Beaeh Boulevard aDd Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1- 95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. DLe"¡el of Serviee "MamtBÏR" I 95 from BO)'BtoB Beaeh Boulevard to "'oolbright R-øad, BoyøtoB Beaeh Boulevard from Old BOYBtoR R-øad to I 95, COBgress AveBue from BO)'BtoB Beaeh Boulevard to the south City limits aBd Hypoluxo R-øad east of I 95. Policy 2.1.1 The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of publie adequate motor vehicle I transportation facilities needed to maintain the minimum level of service adopted by the City. excet>t proiects located within the transportation I concurrency exception area (TCEA). Policy 2.1.2 The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County City of Boynton Beach 2-1 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 . _~~__'O.__,_. ~,~,_=~_,___~bn_......-o"."'."'''''~'_''_-_ - ¥'___'._o''__"' , regarding the designation of "Special Transportation Areas" for those roads with operational standards less than Level of Service "D." including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadways At a Lower Level of Service (CRALLS). Policy 2.1.3 The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and Constrained facilities. except within I TCEAs and CRALLS. and not cause adopted level of service standards to deteriorate on other roadways. Policy 2.1.4 The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Perfonnance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. Policy 2.1.5 The City shall continue the enforcement of the adopted County-wide Traffic Perfonnance Standards Ordinance, and confonnance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. Policy 2.1.6 A transportation concurrency exception area (TCEA) is hereby established and designated for a portion of the Boynton Beach Community Redevelopment Area (CRA) as shown in Exhibit TE-l. The TCEA shall be limited to the maximum allowable number of units. square footage. total daily trips. and total pm peak hour trips identified in Table TE-l. Any proiect utilizin~ the TCEA and significantly impacting the Florida Intrastate Highway SyStem (FIHS) sha1.l be required to address its impacts on the FillS as required by Palm Beach County. fu return. the City will actively pursue the goals. obiectives. and policies contained herein to create sustainable development patterns within the CRA supportive of walking. bicycling. and public transit. Policy 2.1.7 Beginnin~ March 1. 2006. the City shall prtmare an annual monitoring report for development approvals within the TCEA to demonstrate compliance with the conditions of the ratio of approved residential units to 1.000 square feet of approved office and non-residential space. The City will forward this report to the Palm Beach County Plannine: Director for reVIew. City of Boynton Beach 2-2 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 Policy 2.1.8 Development approvals utilizing the TCEA shall remain at or below the maximum allowable limits for units. square footage. total daily trips and total p.m. peak hour trips set by Table TE-l. No building permits shall be issued for new development when the applicable maximum allowable limit for that development is reached. TABLE TE-1 BOYNTON BEACH CRA . TCEA PLANNED DEVELOPMENT THRESHOLDS Allowable Land Use Intensities Residential! Other Rental Hotel Industrial Office Non- Units Units residential Planned Land Use Totals 7,775 500 235,000 1,970,000 1,450,000 Allowable variance +/- (%) 15% 25% 10% 10% 10% Maximum Allowable 8,941 625 258,500 2,167,000 1,595,000 Minimum Allowable 6,609 375 211,500 1,773,000 1,305,000 Allowable Vehicle Trips Daily Traffic PM Peak Hour Traffic Planned Land Use Net New Trips tbd tbd Allowable Land Use Ratios Residential! Residential! Office Other Non-Residential Maximum Allowable Ratios 5.0 5.9 Minimum Allowable Ratios 3.0 3.6 Policy 2.1.9 The City shall annually monitor the intersection of Bovnton Beach Boulevard and U.S. 1 (Federal Highway). and coordinate with FDOT and Palm Beach County to improve this intersection when necessary. and if feasible. Policy 2.1.10 Beginning with the March 1. 2007 annual report. and at the end of each reporting period thereafter. the cumulative ratio of approved residential units to 1.000 square feet approved office and other non-residential uses shall remain between the maximum and minimum allowable ratios identified in Table TE-l. Objective 2.2 The City shall continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan. HousÎDe Element. and Coastal Manaeement Element. I Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. Policy 2.2.1 The City shall continue to establish and maintain an updated prioritized listing of short tenn (2005), mid-term (2010), and long tenn (2020) transportation improvements for use by the City. City of Boynton Beach 2-3 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 , -,"'<.- .-..--',,-,--.,'.._--.-.~. .~_.~_.,.,7....~..........~',..'.~.,', ~ ',~..~ Policy 2.2.2 The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. Policy 2.2.3 The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. Policy 2.2.4 The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or otherwise lagging road improvements. including pedestrian. bicycle. and community transit I projects. particularly within the TCEA. Policy 2.2.5 By January 2005. the City. through the CRA's Direct Incentive Program and its Affordable Access component. shall implement a program to make affordable housing available to low-to moderate income households (with incomes of 80% to 100% of median household income in Palm Beach County) in the TCEA. The affordable units in this program must remain affordable for a minimum period of 10 years. The City shall continue implementation of the policies under Objectives 6.1. 6.3 and 6.6 of the Housing Element of the Comprehensive Plan to provide other programs benefiting Very low. low and moderate income households. The City will also insure that 5% of new or rehabilitated housing within the TCEA area is available for occupancy by these households. with pricing consistent with SHIP guidelines. and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordability of housing within the TCEA by January 2006. Policy 2.2.6 The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel/motel and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability. the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner. The City shall also participate in a long-term. Countywide. comprehensive shelter program coordinated with public. private. non-profit organizations to ensure adequate shelter st>ace is available for the long-term needs of the TCEA and the County. Objective 2.3 Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and City of Boynton Beach 2-4 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 address themed for any capacity or traffic calming/safety-related road improvements on an as needed basis. Measure: Number of case studies performed; Number of safety related improvements implemented. Policy 2.3.1 The City shall perfonn a traffic count and special traffic studies for local streets and collector roadways on an as needed basis. Objective 2.4 The City shall develop and maintain a safe, convenient,-ttIKI eaergy effieieat multi-modal transportation system. includine walkine. bicvcline. and public transit. which will meet future as well as current transportation needs. particularlv within the TCEA and the CRA. Measure: Number ef SOY aute trips eeaverted te traasit trips as estimated h)' peak heur lead fader. Transit ridership within the TCEA and the CRA. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. Policy 2.4.1 The City's engineering and police department shall continue to investigate local high crash locations to identify potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). Policy 2.4.2 The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. Policy 2.4.3 The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of- way should emphasize the use of native vegetation. Policy 2.4.4 The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. Policy 2.4.5 The City shall, by the year 2002, modify and enforce regulations to include I access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive turn lanes and intersection signalization (warrants per the Manual ofUnifonn Traffic Control Devices). City of Boynton Beach 2-5 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 '_~d~..........,_.~,~+___,_~>.,..>,'_,_',,-~ __.' _~="S__"'~_ Policy 2.4.6 The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. I Policy 2.4. 7 By January 2007. the City shall complete an inventory of existing sidewalks on all arterial. collector and local streets within the CRA and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.4.8 The City shall request that sidewalks be installed and/or repaired as part of any State or County roadway widening or improvement proiect. Policy 2.4.9 The City shall work with the FDOT and Palm Beach County to provide traffic control and design features to enhance pedestrian activity along all State and County facilities within the designated TCEA. Policy 2.4.10 The City acknowledges that in order to provide traffic circulation and tr8I1S1>ortation inftastructure consistent with the requirements of the TCEA. it will be necessary to augment the existing local transit circulator system. By January 1. 2005. the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route alignments. infrastructure needs. headways. hours of operation. and other service characteristics. The City and the Bovnton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment proiects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before Januarv 1.2007. then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the County Encineer and Planning Director on March 1. 2007. and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwise allow additional delay in inn>lementing the transit circulator plan. Policy 2.4.11 The City shaH inventory and prioritize enhancements for tr8I1S1>ortation proiects within the boundaries of the TCEA in the City's Five Year Capital Improvements Program. Policy 2.4.12 The City shall promote a variety of transportation choices within the Community Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA boundaries: low speed turning radii: new continuous and permanent on-street parking: pedestrian-scaled li!Ù1ting: narrow travel lanes: curb extensions or bulb outs: installation of City of Boynton Beach 2-6 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 shading street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes: and use of brick crosswalks. Policy 2.4.13 All streets within the CRA shall. where feasible. include sidewalks on both sides. Policy 2.4.14 The City shall continue to monitor the activities of the South Florida Regional TransPortation Authority (SFRTA). particularly related to the FEC passenger service initiative and the City's support for the initiative. Policy 2.4.15 The City shall investigate the opportunity for expanding the Palm Beach water taxi service to include stops in Bovnton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is detennined to be feasible in the southern portions of Palm Beach County. Policy 2.4.16 The City shall create and seek opportunities for grade separated crossings along maior corridors. when feasible. Objective 2.5 Explore all legally defensible alternatives for protection of public right of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent to performance review. Policy 2.5.1 The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. Policy 2.5.2 The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. Policy 2.5.3 The City shall modify and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Department of Transportation and/or Palm Beach County when corridor right-of-way maps are filed with the Palm Beach County Official Records Division. City of Boynton Beach 2-7 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 -~"'-""-~-~'~---""='''<'''''''' Policy 2.5.4 The City shall review and modify regulations to provide safe and efficient onsite circulation and parking for all vehicles if subsequent analysis detennines that on-site design produces unsafe conditions. Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements. includinl! bicvcle. pedestrian. and public transit infrastructure. particularly within the TCEA. Measure: Amount of private sector highway impr&VemeBts I contributions toward transportation enhancements. Policy 2.6.1 The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. Policy 2.7.1 The City shall promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with particular emphasis on developed roadways such as US 1, or projected overcapacity arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to 1-95, as well as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. Policy 2.7.2 The City shall, if necessary, consider capacity improvements to US 1 and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Policy 2.7.3 Transportation Demand Management: The City shall suppørt the County I Metropolitan Planning Organi7.a.tion's establishment of a. Transportation City of Boynton Beach 2-8 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 Demand MaBagemœt program BY 2003 as part of a eongestion avoid8ftee strategy to reooøe the BÐ:fBber of single oøeapant vø1Heles during peak traffie periods, either ày trip redaetÏofls or ày aooommodatiag e-xisting trips in fev¡er 'females (e.g. trip reduotion ordinance), or by mo~¡iflg some trips before or after the most øongested periooo. Bv January 2006. the City will submit a request to the Florida Department of Transportation (FDOT) Office of Modal Development for the creation of a transportation management initiative (TMD in downtown Bovnton Beach or participate in a county-wide TMI. The TMI will include considerations to mitigate peak hour imþacts through promotion of flexible work hours. car pooling. ride sharing and reinforce transit use and non-automobile forms of transportation. Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). I Policy 2.7.5 By 2006. the City shall amend the land development regulations to include transPortation demand management requirements for maior developments within the City and particularly the TCEA. This may be accomplished through cooperation with the TMI. Policy 2.7.6 By 2006. the City shall develoþ transportation system management strategies to more effectively manage the transportation system including. but not limited to. þarking management strategies. signal timing coordination. and programs that increase walking and/or bicycling. Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures: Decrease iR average "lekiele del8)Y OR City roadways; IBerease iB auto oeea,aBey or ear '001 users. Adoption of a trip reduction and/or transportation demand manat!ement (TDM) ordinance or establishment or participation of a transportation manat!ement initiative (TMI) Policy 2.8.1 The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. Policy 2.8.2 The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. City of Boynton Beach 2-9 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 ~~- .. ''''--<>~~'''~'' ---'. .- "-~~~~ ,~.-"",,~-'-'~"'-"--'- Policy 2.8.3 The City shall continue to support the Tri-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Tri-Rail to Florida East Coast Railroad upon feasibility of such. Policy 2.8.4 The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not fund this program). Objective 2.9 The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure: Increase in facilities which meet the criteria below. Policy 2.9.1 The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. Policy 2.9.2 The City, in conjunction with the recommendations ftom the Boynton Beach20/20 Redevelopment Master Plan, the plan shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. Policy 2.9.3 The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.4 The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.5 The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. Policy 2.9.6 The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20/20 Redevelopment Master Plan. Objective 2.10 The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process City of Boynton Beach 2-10 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 and utilize the resulting plans to update the City's Transportation Element as appropriate. Policy 2.10.1 The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five-Year Transportation hnprovement Program. Policy 2.10.2 The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. Policy 2.10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage ill cooperative funding of transportation improvements. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient mass public transit services based on existing and future trip generators and attractors and also provide local mass public transit road and terminal areas which are safe for transit users. Policy 2.11.1 The City shall support the transit shelter and tenninal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development projects. Policy 2.11.3 Reserved. Policy 2.11.4 The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule infonnation. Policy 2.11.5 As part of the transit study in Policy 2.4.10 and in cooneration with Palm Tran. the City shall evaluate transit service within the CRA boundaries and identify needs for route realignments and/or bus stop improvements, such as well-deshmed shelters. bicycle narking. route infonnation. benches. waste receptacles. pedestrian access to stops/shelters or the need for new bus stops. Based upon the conclusions of the transit study. the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. City of Boynton Beach 2-11 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 --- -'-.,.-. .' ~'''~'~-"..-, "> Policy 2.11.6 Increase the City's public transit mode sPlit for work trips to four percent as an effort to reduce motor vehicle use and traffic congestion. Based upon the 2000 Census. the public transportation mode &})lit was 1.53 percent of all work trips by Boynton Beach residents. Obiective 2.12 Promote a pedestrian- and bicvcle-friendlv environment bv providine: adequate facilities. such as wider sidewalks. buffers from travel lanes. shade trees. shorter crossine: distances. lie:htine:. refue:es in lare:e intersections. bike lanes. and bicycle parkine:. for pedestrians and bicyclists. Measure: Lenl!th of sidewalks provided. lenl!th of bicvcle paths and lanes provided. and lenl!th of multi-use paths provided in the City. Policy 2.12.1 Promote a pedestrian-friendly environment on streets within the TCEA and the CRA by providing adeauate and comfortable facilities. Policy 2.12.2 By January 2007. the City shall complete an inventory of existing bicycle facilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.12.3 By January 2005. the City will complete a citywide bicycle facilities study for providing an interconnected bicycle system with the City that connects local residents and visitors to the area with maior destinations. Policy 2.12.4 By January 2007. the City shall identify all street segments within the TCEA and the CRA that are not currently designated with in-street bicycle facilities and determine the most appropriate design to accommodate such transportation. where aporopriate. Policy 2.12.5 By January 2007. the City shall conduct an inventory of the existing major street network within the TCEA and the CRA to identify hazards and barriers to bicyclists and prepare a plan for removing or mitigating such impediments. Policy 2.12.6 The City shall provide routine maintenance programs for all designated bicycle and pedestrian facilities within the TCEA. Maintenance shall include. but not limited to. sweeping of bicycle lanes. and filling potholes. Policy 2.12.7 Increase the nwnber of work trips by bicycle within the City by one percent by 2010. Based upon the 2000 Census. work trips by bicycle accounted for 0.45 percent of all trips by Boynton Beach residents. City of Boynton Beach 2-12 Date: November 00, 2004 Comprehensive Plan Transportation Element Amendments 04-2 Ordinance No. 04-00 · VIII.-PUBLIC HEARING ITEM ';) CITY OF BOYNTON BEAC] 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 o April 7, 2004 March 15,2004 (Noon.) o June 1,2004 May 17,2004 (Noon) o April 20, 2004 April 5,2004 (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) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative [g Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [g Public Hearing 0 Code compliance/Legal Settlements 0 Unftnished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-163. EXPLANATION: PROJECT: Transportation Concurrency Exception Area (TCEA) (CPT A 04-003) OWNER: City-initiated DESCRIPTION: Request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~ Develo City Manager's Signature 'LurA -~ City Attorney / Finance / Human Resources Planning and Zoñi/g irector S:\Planning\SHARED\WP\SPECPROJ\CPTA\04-OO3 TCEA\Agenda Item Request Transportation Concurrency (TCEA) CPT A 04-003 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-166 TO: Chair and Members Communi R ve ent Agency Board FROM: Dick Hud nior Planner THROUGH: Michael w. Rump~~ Director of Planning and Zoning DATE: June 30, 2004 SUBJECT: Functional Classification Map Amendment (CPTA 04-004) INTRODUCTION The existing Functional Classification of Roadwavs Map (Figure 4) (see Exhibit A) in the Transportation Element support documents was amendded with the EAR related amendments in June 2000. The map was based on the Palm Beach County Functional Classification Map from 1996. Since that time, the County's map, which is based on the State Classification Map, has been updated using a different legend than that used in earlier versions of the map. Staff is also proposing the addition of two local streets to be designated "Local Collector" roadways, a classification that does not appear on State or County maps since the designation of Local Collector roads is a prerogative of the City. Those two streets are Southeast 4th Street between Boynton Beach Boulevard and Southeast 12th Avenue, and Martin Luther King Junior Boulevard between Federal Highway and Seacrest Boulevard (circled on attached map, Exhibit B). PROCEDURE As with all Comprehensive Plan text amendments, changes to the Plan's support documents are restricted to the twice-yearly cycles of "Large-Scale" amendments. Following approval by the City Commission, they will be transmitted to DCA and other state, regional and local agencies for review and comment prior to final adoption. ANALYSIS By definition, "Local Collector" roads are designed to carry moderate volumes of traffic from other collector roads and local roads to the arterial road network. They generally carry traffic originating in one location within a municipal boundary, destined for another location within the municipality. Both of the roadway segments that are being designated function in accordance with the definition. The designation of these two roadways will support redevelopment through implementation of redevelopment plans. Future rezoning of parcels fronting on these roadways to the Mixed Use- Low Intensity zoning district will allow redevelopment of these properties to occur at a maximum of forty-five feet (45') in height and up to twenty dwelling units per acre (20 du/ac), " . - ,~~,~. . -,. ~---~,"-<---....,,,,.,--_...._-,,,,,,....,.~,,-,"'-~-'-'---- Page 2 File Number: CPTA 04-004 Functional Classification of Roadways Map This intensity of development is consistent with adopted redevelopment plans for the areas and is not intended for parcels with frontage on local streets. RECOMMENDATION Staff recommends approval of the proposed amendment to the Functional Classification of Roadways Map (Figure 4), found in the Support Documents for the Transportation Element of the Comprehensive Plan. The amendments to the map utilize the same designations used by Palm Beach County and the designation of two segments of roadways as "local Collector" roads will enable redevelopment of two areas of the City consistent with adopted redevelopment plans. ATTACHMENTS S:\Plannlng\SHARED\WP\SPECPROJ\CPTA\O+OO4 Funct.Oass Map\STAfF REPORT CPTA.doc EXHIBIT "A" , IfYPOLUXQ Æ) CN DC I~ ~ / CM i i 8 ~I r ~f5 a: , ð ¡ 51' 2! --u u I u u 8 (]HO\ III ItJIÐI III CC ..L .. C ~ (, I Z2 AVE H CC ! u -~ u 15 x i 8r ~ \II U U ~ ~ Œ..D ØcmnClf Fe CC cC ~ · <.J · · ~ SH 80YHT~ : B CH S)f i i I&J <.J > 00( J..., u ~ ð u " I IIOCLBRI6HT Æ) ~ ~ '-J " CC CC ~ lJ ...J i ~ ! L E . E H 0 & - Noc TO ScaI. SP - STAT[ PRINCIPAl AA1ERIALS SH - STATE MIHm ARTERIAlS eM - CtUfTY MIHOO AAlERIALS SOURCE: 1996 Compo Plan E.A.R. cc - CCUllY CŒ.lECTORS C - CITY CŒ.l£CTORS L - LOCAl. CŒ.lECTtI\S - H01 ()f STATE CUSSIFIt.\TIOtf BOYNTON BEACH COMPREHENSIVE PLAN Lame Planning & Management Ser~ices; Inc. Functional Cla55ificati~n of Roadways Fort Myers, Florida, 2000 . FIGURE 4 . ~- -~. , .... -->-~"---'-<""'" -¥_,-,-.~"""'-,>.~-----~-'........,.""~.,-~'-',...'- H UoMIN EXHIBIT "B" 3 II ,t- ll» -..) a= , . ..... ! . , p .-----¡ : i \....-2.)1 . ft MI er Rd ::) . . ....IÌI Z u-crLL i L,.·, 1.--. . , . . ~........- --.----, . . I J i ! I I r-----. ~-. I . · !. L___¡ í I UoMIN _._.J I i I · , · . · I ! · i I · , . · , I . t____J , I · ! ; ¡-___J z . . , ~r B~d i , . , j I , . j . ! ::J 0 ~ woo B G u-MIN , j · , · · I sw !._-- GOL RD . . I ., œ · r.J n ____.1 0 r---------------- z i 0 · =a · , m · · I · I · · I , · I -, L....___________....____________ LEGEND ..' U . PAl: Principal ArterIal . Interstate U . PAO: Prlnclp81 Arterial· other U . MIN: Minor ArterIal . U . COLL: Collector o 850 1,700 3,400 5,100 6,rlPeet L· Local Collectors -not on Stllte Cla..lOcatlon - - BOYNTON BEACH COMPREHENSIVE PLAN FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000-2010 FIGURE 4 VIII.-PUBLIC HEARING ITEM f< 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 c=J Apri17,2oo4 March 15,2004 (Noon.) c=J June I, 2004 May 17,2004 (Noon) c=J Apri120,2004 Apri] 5, 2004 (Noon) c=J June 15,2004 May 31, 2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) c=J July 6, 2004 June ]4,2004 (Noon) c=J May 18, 2004 May 3, 2004 (Noon) [g Ju]y 20, 2004 July 5, 2004 (Noon) c=J Administrative [g Legal NATURE OF c=J Announcement c=J New Business AGENDA ITEM c=J City Manager's Report 0 Presentation c=J Consent Agenda [g Public Hearing c=J Code compliance/Legal Settlements c=J UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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: FISCAL IMPACT: ALTERNATIVES: ~;~mre Deve W~ City Attorney / Finance / Hwnan Resources Pl~g and Z nmg Director S:\Planning\SHARED\WP\PROJECTS\Prornenade\REZN\Agenda Item Request Prornendate REZN 04-002 7-20-Q4.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-149 TO: Chair and Members Community Redevelopment Agency Board and City? FROM: Dick Hudso CP Senior Planner THROUGH: ~'é'~ 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 ---,..-. ~ ","" ------~, ",~-,-->-",.,>,' ~ 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: aty-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 EXECUTIVE 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, Administraüon 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 prohibiüon against any increase in dwelling unit density exceeding 50 in the hurricane evacuaüon zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitaüons 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, not 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 Corridor 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. ,_._--~'- " '---".'_.~. ,..- , ,.,._,-~..,,....-=--.- 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 Plan"in 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 facilities. 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 I, 2004, sufficient wastewater capacity is available to serve this project. 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 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 Rre-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 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 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 undelTTlanned 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 detelTTlined 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 pelTTlitting 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. -, '~~"."~"""",,,~--- ..~-,'~-- - --,~~~-*"""...........,-........~.,,,~..~-~,_....-,~-.....--.--,- _""",,-_~~r__'_'"' '.__' ". 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 dty as a whole. The proposed rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with the Comprehensive Plan policies 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 City. Clearly stated, increasing dwelling units in the immediate vicinity 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 dty 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/RECOMMENDATIONS As indicated herein, the requested zoning category is consistent with the adopted future land use designation. It is also consistent with policies in the Comprehensive Plan, and the directions for redevelopment of the City'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 City. 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". AlTACHMENTS S:\Plann/ng\SHAREP\Wp\PROJECfS\Promenade\REZN\SIaff Report.doc r PROMENADE LOCATION MAP CBD NE 4TH AVE C-4 CBD .~......._._......,..~...,_.......-... .-........--.--............-.......-.. "".""..::::::::::::-:::,<;::::::,,::.=:::-::; -_..__..__.....~._._......._... ¡..." .-'-..............---..--...--.-..... ...0':"""..."",...,..=::::>:::::::",::::..-:::,::,,' ...-.-'--..........-...-..--.--........ ...... ................'.--.......-.......... ....- ....-...---'......-....--.-.-..... .. ......H.___....._·..'.._. __......... ......-....- ......-..,--..--........ 0 CB CBD BOYNTON BEACH BLVD i I CBD I I CBD CBD z MX-H ~ ::J: n ... N W.' S 0 50 100 200 300 40~ - - eel "-~~ _"'~,"','__ _o_õ< ~__, ,_, --, ~ . ~.~~~..<-,-""'-.,.,~,-.,..--~-...~-~.,.~ . ,-~' IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A 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 o April 6, 2004 March 15,2004 (Noon.) o June 1,2004 May 17, 2004 (Noon) o April 20, 2004 April 5, 2004 (Noon) [g 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) g¡ July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM [g City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Accept the report prepared by Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) regarding the condition assessment of the Boynton Beach Woman's Club. EXPLANATION: On May 7, 2002, the Commission approved staff recommendation to enter into negotiations with the Woman's Club towards developing a long-range lease agreement that will allow the City to manage and operate the building. Prior to ratifying the agreement, it was determined that it would be in the best interest of the City to conduct a condition assessment of the building. This included analysis of the physical condition of the building, the potential risk and problems associated with hazardous materials, and the requirements of maintaining and preserving the historical nature of the building. PROGRAM IMP ACT: In general, the building was found to be in fair condition and appears to have been well maintained. Several cracks were observed in the exterior stucco, some evidence of termite damage to the roof structure (although the wood appeared to be dry and no longer under attack), and there were several broken tiles and isolated defects on the roof, but no leaks were found. As it relates to historic preservation, the report recommends restoring and related activities for the windows and loggia doors, and repairing/repainting wrought iron balcony balustrade. FISCAL IMPACT: The report did not identify any immediate repair costs. It is estimated that preventative and deferred maintenance will cost $110,843 over the next ten (10) years. ALTERNATIVES: 1) Proceed with lease agreement with the Woman's Club. 2) Renegotiate lease agreement. 3) Do not proceed with lease agreement. , ¿Y"Department Head's Signature Recreation & Parks Department Name City Atto ey / Hoance / Human R"O~r S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.OOC I "/,. '/"_ v-v,~ . v'r..,/' . :."."",. '----" J J RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-70 -- c.: ~~ TO: Wilfced Hawkins, Ass;stant City Manager 0f: Wally Majors, Recreation & PBIks Director / f1/ FROM: t;) ~ DATE: June 18, 2004 SUBJECT: Woman's Club The following is a chronological summary of our negotiations with the Woman's Club: March 2002 Received memorandum from Wilfred Hawkins regarding the development of a proposal to operate and manage the Woman's Club building. March-May 2002 Staff met with Woman's Club representatives to begin development of an agreement that would allow the City to manage and operate the facility in a manner that would acknowledge the historical significance of the building and the vested interest ofthe Woman's Club membership. May 7, 2002 City Commission approved staff's recommendation to negotiate a lease agreement with the Woman's Club to develop a partnership that would address the long-tenn maintenance and operational needs, while maintaining the historical integrity of the building. Additionally, the Commission approved up to $12,000 for an analysis of the building by a qualified architectural finn. September 2002 Began meetings with Woman's Club negotiating committee. They were advised that a fonnallease agreement would be necessary to enable the use of public funds to operate and manage the building. November 2002 Woman's Club submits initial proposal to the City. February 2003 Draft Lease Agreement is completed and reviewed by City Attorney's office. March 2003 Woman's Club negotiating committee endorses proposed Lease Agreement. April 28, 2003 The Board of the Woman's Club unanimously approves the proposed Lease Agreement. May 2, 2003 Woman's Club membership approves proposed Lease Agreement. August 2003 Insurance appraisal of the building is completed. April 2004 Commission accepts PBS&J, Inc.'s proposal to conduct a condition assessment of the building. June 2004 Commission receives condition assessment report. RECEIVED /wm JUN 1 7 2004 CITY MANAGER'S OFFICE .'~,--'--'-" , '.._~ _ '>, _-.,..__-".....__.._.... 6.'_..-.> ......~_-'______....~-..9~',. '_. ,; RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-83 TO: Wilfred Hawkins, Assistant City Manager FROM: Wally Majors, Recreation & Parks Director W DATE: July 9, 2004 SUBJECT: Woman's Club At the June 15, 2004 meeting, the City Commission requested various information regarding the Woman's Club. The following are responses to this request as they relate to the Recreation & Parks Department: Review and revisit the lease agreement Attached is a chronological summary of our negotiations to develop the lease agreement. The agreement was approved by the Woman's Club membership in May 2002. Copies of the agreement are available upon request. Significant terms included: · Use of the building; public purposes, municipal events, commemorative events, receptions, cultural programs, conferences. · Creation of an Advisory Group to review events and/or programs. · Terms of lease; annual contribution to facilitate Woman's Club charitable and educational activities; contingency upon annual budget appropriation; 10 year lease. · City would be responsible for utilities (water, sewer, electric, etc...). · Compliance with Americans with Disabilities Act (ADA) and other laws. Woman's Club agrees to permit City to make any ADA alterations as needed. · No improvements, alterations or additions are permitted without consent ftom Woman's Club; City will identify anticipated repairs no later than 24 months after execution of lease; City will make improvement repairs which are consistent ,with· architects; Woman's Club is obligated to pay the City cost of any improvements in excess of $5,000 iflease is terminated. · City is responsible for maintaining the building in the condition delivered by the Woman's Club at the City's expense, including the air conditioning system and all common areas. · Insurance; shall be provided by the Woman's Club in the amounts deemed appropriate by the City. · Reconstruction; City may elect whether or not to repair building in the event of damage by fire or other perils covered by extended coverage insurance. · . Parking and Common Areas; City reserves the right to change the entrarices, exits, number of parking spaces, etc... during term of the lease. . Focus on the ADA handicapped accessibility issue and determine costs This aspect of the report requires further analysis. The two bathrooms downstairs each include two stalls. Although it may be possible to remodel to provide a wide enough passage for a wheelchair, it would entail removal of one of the stalls in each bathroom. Considering the assemblage capacity of the building, it is doubtful that this would conform to current code. Any more extensive remodeling options may become cost prohibitive, which may create some allowance from the ADA standards. This would have to be investigated further with people with scholarship and expertise in ADA and restoration standards. Determine what was meant in the report by "good" and "fair" condition · As was noted on page five of the report prepared by PBS&J, definitions of these terms are as follows: · Good: Satisfactory as is, above average to average for this type and age of building system · Fair: Satisfactory as is, in general; however, some conditions may demand prompt attention · Poor: Requires prompt repair, replacement, or significant maintenance. Find out whether there is any assessment from our engineer as to latent defects Awaiting a response from PBS&J. Get estimate of repair and replacement of normal appurtenances The Woman's Club has reported making several improvements to the building for the period June 2002 - June 2004. These include: · Replaced downstairs lobby air conditioning. · Replaced Life· Safety Monitor - this monitors the sprinkler system and fire alann. Added special grounding device for lightning risk. · Installed panic hardware and reversed several doors to comply with fire inspection. · Installed emergency exit lights where requested by fire inspector. · Rewired office to improve outlets and added lighting. · Installed two heavy duty garbage disposals in the kitchen. · Installed a personal sized dishwasher. · Replaèed smaller refrigerator. · Added a separate freezer. · Replaced kitchen door. · Windows and doors - replaced rotted wood in all exposed windows and doors (all those not under the porticos); sanded, caulked, re-glazed, sealed and repainted all. Entrance doors also sanded and painted. Tinted all upstairs east and west windows and doors. · Resealed and striped parking area. · Removed rusted chain link fencing and bushes fronting on Federal Highway ~ Replaced with aluminUm fencing that looks like the wrought iron already on the building. Installed sprinklers in the area along the fence and replanted area. · Replaced all toilets in building (6). Although not considered normal appurtenances, it is strongly recommended that the following preventative maintenance items be addressed: $15,000 - estimated cost to pressure wash, clean and re-paint the exterior surfaces of the building, and seal cracks in the stucco. $2,500 - estimated cost to repair broken tiles, roof defects and conduct roof inspection. $500 termite inspection + approximately $5,000 if building has to be tented. List of contemplated uses for the Woman's Club and relationship to proposed uses for Intracoastal Park municipal building (clubhouse) As identified in the proposed lease agreement, and as was reported at the May 7, 2002 City Commission Meeting, the following is a summary of proposed activities: · Honor current commitments, i.e. Woman's Club, Mizner Foundation and Historical Society meetings. · Public use, i.e. weddings, City functions and events, limited non-profit organization commemorative events, educational opportunities for local schools. · Proposed recreation programs, i.e. theater events, cultural/art/music series, photo/art exhibits, small-scale special events, seminars/training sessions, and receptions. Proposed uses for the Intracoastal Park municipal building (clubhouse) would be very similar. The most significant difference would be that this facility would also be used for a wider variety of recreational activities, including pre and after school programming, summer camps, art classes, self improvement activities (ex: Spanish lessons, exercise classes), meeting space for local organizations, non profit agencies and homeowner associations. Other than recreational programs and classes, use would be similar to activities that were held at the Royal Palm Clubhouse. As reference, attached is a copy of the PowerPoint presentation made at the May 7, 2002 City Commission meeting. Determine prior use of the Woman~s Club building by its clients The Woman's Club building has primarily functioned as a venue for commemorative events and small-scale special events. It hosts several weddings, parties and art/fashión exhibits on a rental basis. 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AGENDA ITEM REQUEST FOklVI 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 April 20, 2004 AprilS, 2004 (Noon) o June 15, 2004 ?\'fay 31,2004 (Noon) o I\lay 4, 2004 April 19, 2004 (Noon) o July 6, 2004 June 14,2004 (Noon) 0 "-lay 18, 2004 Ivlay 3, 2004 (Noon) [8J July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NA TURE OF 0 Announcement 0 New Business AGENDA ITEM [8J City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: Approve the Agreement for the Environmental Remediation of Old Mangrove High School. EXPLANATION: This is for a Construction Manager Agreement between the City of Boynton Beach (Owner) and Rogina Inc, (Construction Manager) for this project. The Construction Manager wiII be responsible for the project to include obtaining services of subcontractors, and providing testing and evaluation upon completion of project. PROGRAM IMP ACT: Previous Requests for Proposals resulted in only one proposal which was not responsive to the needs of this project. The proposed Construction Manager was originally brought on board to serve as environmental consultant for the project. He is exceptionally qualified and familiar with the project. FISCAL IMP ACT: Proposed Agreement is within the fiscal parameters established by the City Commission. The proposed project cost is set not to exceed $175,000,00, ALTERNATIVES: If the City Commission wishes to move forward with the intention of utilizing this building, environmental remediation is required, The alternative to this proposal would be to put forth another Request for Proposal. It is not anticipated that additional responses wiII be received, from the initial proposals requested, RISK MANAGEMENT Department Name RM/Old HS Eny Remediation Agenda Item,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND APPROVING A 5 CONSTRUCTION MANAGER AGREEMENT BET\VEEN 6 THE CITY OF BOYNTON BEACH AND ROGINA INe. 7 FOR THE ENVIRONMENTAL REMEDIATION OF THE 8 OLD MANGROVE HIGH SCHOOL, AND AUTHORZING 9 THE CITY MANAGER AND CITY CLERK TO EXECUTE 10 THE AGREEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, previous Requests for Proposals for the environmental remediation of 14 ld Mangrove High School resulted in one proposal which was not responsive to the needs 15 fthis project, and; 16 'VHEREAS, Rogina, Inc. will be responsible for the project to include obtaining 17 ervices of subcontractors, and providing testing and evaluation upon completion of the 18 roject, and; 19 WHEREAS, upon recommendation of staff, City Commission deems it in the best 20 terest of the citizens of the City of Boynton Beach to approve the Construction Manager 21 ontract with Robina, Inc. for the environmental remediation to the Old Mangrove High 22 chool House. 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 confiImed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption 27 ereof 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 ereby authorize and approve the Construction Manager Agreement between the City of , "'~-"-'- - "--'.,~------ - "'.Ii--' -'''--..-.........~____~_' 1 oynton Beach and Rogina, Inc., said Agreement is attached hereto as Exhibit "A". 2 Section 3. The City Manager and City Clerk are authorized and directed to 3 xecute said Agreement. 4 Section 4. This Resolution shan become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of July 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 ity Clerk 26 27 Corporate Seal) 28 29 30 alresolutions/OJd Mangrove High School Environmental 31 AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER This Agreement is made and entered into the day of 2004, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Owner") and ROGINA, INC., a Florida corporation ("Construction Manager"). WHEREAS, the OWNER desires to remediate the Old Mangrove High School located at 125 East Ocean Avenue, Boynton Beach, Florida, through Environmental Stabilization ("Project"), and further desires to utilize the construction management at risk approach to complete Project; and WHEREAS, OWNER advertised for and received bids for the Project on May 12,2004, under RFP #059-171O-04/CJD; and WHEREAS, the OWNER must complete the Project to facilitate the remediation of the Old Mangrove High School and has determined it is in the best interest of the OWNER to utilize the Construction Management at Risk approach to complete the Project; and WHEREAS, CONSTRUCTION MANAGER is experienced in the field of providing such Construction Management Services to clients; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, OWNER and CONSTRUCTION MANAGER agree as follows: ARTICLE 1 - THE PROJECT TEAM AND EXTENT OF AGREEMENT The CONSTRUCTION MANAGER agrees to furnish or arrange for the construction services set forth herein and agrees to furnish project management and administration and superintendence, and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the OWNER. 1.1 The Project Team. The CONSTRUCTION MANAGER, the OWNER and the CONSTRUCTION MANAGER's consultants and subcontractors, collectively called the "Project Team," shall work cooperatively through construction completion. The CONSTRUCTION MANAGER will provide a list to OWNER designating individual representatives of CONSTRUCTION MANAGER and their role in the Project. The list shall be provided within (10) days of execution of this Agreement, shall be reviewed and approved by owner, and may be amended from time to time upon agreement of both parties. 1 >->.'--'..'----~"'" ....-.......-~-'- .,~~__"~,,_,,~,,--,,~__,,.."''''''''C___'''~''_''"'_~_'''''_''''_'' ,- -.--- ,- 1.2 Extent of Agreement. The Contract Documents represent the entire agreement between the OWNER and the CONSTRUCTION MANAGER and supersede all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both OWNER and CONSTRUCTION MANAGER. While the OWNER may issue separate purchase orders to CONSTRUCTION MANAGER to satisfy OWNER's purchasing requirements, the terms and conditions of any such purchase orders issued after the date of this Agreement shall be deemed to be void and the terms and conditions of this Agreement shall be deemed substituted therefore. 1.3 Definitions. 1.3.1 The Project is generally described as the environmental stabilization through general hazard remediation to include pigeon feces and general cleaning at the Old Mangrove High School, located at , Boynton Beach, Florida. The Project is more specifically described in Exhibit "A" and the plans and specifications referenced therein. 1.3.2 The Work is the construction management and construction services required to complete the Project. 1.3.3 The ENGINEER shall be the independent person, firm or corporation designated by the OWNER. ARTICLE 2 - CONSTRUCTION MANAGER'S RESPONSIBILITIES 2.1 CONSTRUCTION MANAGER's Services. CONSTRUCTION MANAGER shall furnish through its own employees or engage subcontractors or subconsultants to furnish the following services for execution and completion of the Agreement, which shall constitute the "Work." 2.1.1 The CONSTRUCTION MANAGER will secure on behalf of the OWNER with a target schedule for the completion of the Project. 2.1.2 The Schedule is attached hereto as Exhibit "B". This Schedule shall indicate the dates for the starting and completion of the various stages of the Project, and shall contain the necessary information to allow the OWNER to monitor the progress of the Work. It shall be revised as required by the conditions of the Work and for those conditions and events resulting from Delays as described in Article 5.2 of this Agreement which shall be revised as required by the conditions of the Work and for those conditions and events resulting from Delays as described in Article 5.2 of this Agreement which shall be agreed on by the CONSTRUCTION MANAGER and the OWNER. 2 2.1.3 The CONSTRUCTION MANAGER shall complete the work under this Agreement within twenty-one (21) calendar days from the date of mobilization in accordance with the schedule attached hereto as Exhibit "B", as follows: 2.1.4 Any reference to liquidated damages contained elsewhere in this Agreement or documents incorporated by reference are not applicable to this Agreement. The sole damages for the CONSTRUCTION MANAGER'S delay in final completion are set forth below. Delays in final completion, except as extended in accordance with the tenns of this Agreement shall result in a five (5%) percent reduction per month in the share of the servings in subcontract costs described in Exhibit "A". 2.1.5 The CONSTRUCTION MANAGER will provide all materials and equipment, supervIsIOn, inspection, testing, labor, tools, construction equipment and specifically items necessary to execute and complete the Project. 2.1.6 The CONSTRUCTION MANAGER shall take necessary precautions for the safety of its employees on the Work, and shall comply with all applicable provisions of federal, state and local safety laws. CONSTRUCTION MANAGER shall include provisions in all subcontracts requiring its subcontractors to be responsible for the safety of their employees on the Work, and to comply with all applicable provisions of federal, state, and municipal safety laws. It is agreed that the CONSTRUCTION MANAGER shall have no responsibility for the abatement of safety hazards resulting from work at the job site carried on by the OWNER's separate contractors, or by the OWNER or persons for whom the OWNER is responsible. OWNER will comply with, and agree to cause any such separate contractors or persons to comply fully with all applicable provisions of federal, state, and local safety laws and regulations. 2.1.7 The CONSTRUCTION MANAGER shall keep the premises of the Project free from accumulation of construction debris and waste materials caused by the CONSTRUCTION MANAGER's and its subcontractors' operations. At the completion of the Work, the CONSTRUCTION MANAGER shall remove from the Project the CONSTRUCTION MANAGER's and its subcontractors' tools, surplus materials, construction equipment, and machinery. 2.1.8 Change Orders shall be limited to changes in the scope or design of the Project or changes caused by differing site conditions or extensions of time for reasons as described in Article 5.2 of this Agreement. The CONSTRUCTION MANAGER shall prepare Change Orders for the OWNER's approval and execution in accordance with this Agreement. 2.1.9 The CONSTRUCTION MANAGER shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, MSDS sheets, shop drawings, Change Orders, and other Modifications, marked currently to 3 V"7 ,-<'_......,.....~-->-'~--~,- _~_~_~,____"'............_____,=-.."'_ _0"'-' ~~.~___.__.- record changes made during construction. These shall be deli vered to the OWNER upon completion of the Project and final payment. 2.1.10 The CONSTRUCTION MANAGER's scope of services is set forth in Exhibit "A" attached hereto and made a part of this Agreement. 2.1.11 The CONSTRUCTION MANAGER's services shall not include expressly or by implication any analysis, determination or opinion as to whether the OWNER is in compliance with federal, state or local laws, statutes, ordinances or regulations. 2.2 Standards and Completion. 2.2.1 The CONSTRUCTION MANAGER agrees that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all Work will be of good quality, complete, and free from improper workmanship and defective materials. CONSTRUCTION MANAGER will not be responsible; however, for defects caused by OWNER modifications, abuse, or improper maintenance or operation. The CONSTRUCTION MANAGER agrees to correct all work performed by under this Agreement which proves to be defective in material or workmanship within a period of three hundred sixty five (365) days after completion of the Work as defined in Paragraph 2.2.1.1 provided that OWNER furnishes written notice of such defect within such three hundred sixty five (365) day period. CONSTRUCTION MANAGER provides no warranty, express or implied, for OWNER-furnished equipment or equipment, accessories and parts manufactured by others. However, any warranty or guarantee obtained by CONSTRUCTION MANAGER from any such manufacturer shall be deemed to have been obtained for the benefit of OWNER and will be assigned to OWNER, with the consent of the manufacturer. 2.2.2 Unless otherwise expressly noted, the term "completion" III this Agreement shall mean substantial completion. Substantial completion is the stage of progress when the Work or a designated portion thereof is sufficiently complete in accordance with this Agreement so that the OWNER can occupy or utilize the Work for its intended use. When the CONSTRUCTION MANAGER considers each Phase of the Work substantially complete, the CONSTRUCTION MANAGER shall notify the OWNER and ENGINEER in writing that the Phase of the Work is substantially complete and request that the ENGINEER issue a certificate of Substantial completion for that Phase. Promptly thereafter, OWNER, CONSTRUCTION MANAGER and ENGINEER shall make an inspection for the Work to determine the status of completion. If ENGINEER does not consider that Phase of the Work substantially complete, ENGINEER will notify CONSTRUCTION MANAGER in writing giving reasons therefore. If ENGINEER considers that Phase of the Work substantiall y complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial completion for that 4 Phase. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment for that Phase. OWNER shall have seven (7) days after receipt of tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or the attached list. If after considering such objections, ENGINEER concludes that the Work for that Phase is not substantially complete, ENGINEER will within five (5) days after submission of the tentative certificate to OWNER notify CONSTRUCTION MANAGER in writing, stating the reasons therefore. If after considering Owner's objections, ENGINEER considers the Work Substantially Complete for that Phase, ENGINEER will within a said five (5) days execute and deliver to OWNER a definitive Certificate of Substantial Completion for that Phase (with a revised list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion the ENGINEER will deliver to OWNER and CONSTRUCTION MANAGER a written recommendation as to division of responsibilities pending final payment between OWNER and CONSTRUCTION MANAGER with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and Construction Manager agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive Certificate of Substantial Completion for each Phase, ENGINEER'S aforesaid recommendation will be binding on the OWNER and CONSTRUCTION MANAGER until final payment for that Phase. The City Commission shall confirm the date of Substantial Completion for each Phase by Resolution of the Commission. 2.2.3 The CONSTRUCTION MANAGER will secure required certificates of inspection, testing, or approval required for building construction and deliver them to the OWNER. 2.2.4 The CONSTRUCTION MANAGER shall sign any and all required manifests relating to the generation, transportation, storage, treatment and disposal of all hazardous wastes arising out of or related to the Project or the Work, and shall be responsible for the proper and lawful disposal of any hazardous wastes accumulated pursuant to the performance of this Agreement. 2.2.5 The CONSTRUCTION MANAGER will collect all equipment manuals, if applicable, and deliver them to the OWNER. ARTICLE 3 - OWNER'S RESPONSIBILITES 3.1 The OWNER shall provide full information regarding its requirements for the Project. 5 ~~-....... "'J ~~- ....~..-. ~ '-'--">~-'.~''''>'>~~-> ...>--. -.. --.'~'_.',.'~"'" 3.2 The OWNER shall designate a representative who shall be fully acquainted with the Project and have full authority to promptly approve changes in the scope of the Project, promptly render approvals and decisions, and furnish information expeditiously and in time to meet the dates set forth in the Schedule. The OWNER's designated representative is 3.3 The OWNER shall provide to CONSTRUCTION MANAGER for its use on this Project (if existing and available) any site surveys, reports, utility locates (including telecommunications), and property descriptions; all of which shall be utilized as applicable. OWNER agrees to be responsible for damage caused by CONSTRUCTION MANAGER's interference with subterranean structure, such as pipes, tanks, utility lines, and cables, only if CONSTRUCTION MANAGER has called and verified subterrane locates and the identified locates have found to be in error. 3.4 The OWNER shall secure and pay for necessary approvals, easements, assessments, and charges required for the construction, connection, use, or occupancy of permanent structures or for permanent changes in existing facilities. 3.5 The OWNER shall furnish such legal services as may be necessary for providing the items set forth in Paragraph 3.4 and such auditing services as may be required. 3.6 If the OWNER becomes aware of any fault or defect in the Work or nonconformance with the Drawings or Specifications, it shall give prompt written notice thereof to the CONSTRUCTION MANAGER. 3.7 CONSTRUCTION MANAGER directly or through its subcontractors shall provide public construction bonds as required by Florida Statute 255.05. 3.8 The services and information required by the above paragraphs shall be furnished with reasonable promptness at OWNER's expense. The CONSTRUCTION MANAGER shall be entitled to rely upon the accuracy and the completeness of all such information provided by the OWNER. 3.9 The OWNER shall furnish reasonable evidence satisfactory to the CONSTRUCTION MANAGER, prior to signing this Agreement, or upon written request of the CONSTRUCTION MANAGER from time to time thereafter, that sufficient funds are available and committed to pay for CONSTRUCTION MANAGER's total estimated charges for the Work. Whether or not the CONSTRUCTION MANAGER elects to proceed with work without having received evidence, CONSTRUCTION MANAGER may thereafter stop work upon fifteen (15) days' prior written notice if such evidence has not been furnished within a reasonable time after any such request. 6 3.10 The OWNER shall have no contractual obligation to the CONSTRUCTION MANAGER's subcontractors and subconsultants and shall communicate with such subcontractors and subconsultants only through the CONSTRUCTION MANAGER. 3.11 The OWNER shall pay for all utility connection fees and special facility charges rendered by utilities for connection of permanent utility services to the Project. ARTICLE 4 - SUBCONTRACTS 4.1 Selection of Subcontractors. All portions of the Work that the CONSTRUCTION MANAGER does not perlorm with its own forces shall be perlormed under subcontracts. The CONSTRUCTION MANAGER shall select competent Subcontractors and shall be responsible for the management of the Subcontractors' perlormance of their work. ARTICLE 5 - CONTRACT TIME SCHEDULE AND SUBSTANTIAL COMPLETION 5.1 Contract Time. 5.1.1 The Work to be perlormed under this Agreement shall be perlormed in accordance with the Schedule provided pursuant to Exhibit "B". 5.1.2 The term "day" as used in this Agreement shall mean calendar day, unless otherwise specifically designated. 5.2 Delays. 5.2.1 If the CONSTRUCTION MANAGER is delayed at any time in the progress of the Project by change orders in the Project, or by labor disputes, fire, unusual delay in transportation, unusual delay or shortages in material, supplies, adverse weather conditions not reasonably anticipatable, unavoidable casualties, acts of God, differing site conditions, unusual delay in the issuance of building permits, or zoning or utility services, stop work orders or temporary suspensions of Project activities ordered by OWNER or governmental authorities, delay by OWNER in providing authority for CONSTRUCTION MANAGER to have access to the site, then the time within which the Work is to be completed shall be adjusted accordingly. 5.2.2 If CONSTRUCTION MANAGER is delayed by any act of OWNER or by any separate contractor employed by OWNER or for any other cause for which the OWNER is responsible, CONSTRUCTION MANAGER's remedy is limited to an extension of the contract time. 7 A ( - -....l'\oo.o~_.....'___.._ --~,-~-~~--'"'" ~"-~."""""'_....---- ,~"-.~~ -. .u___.,..__.......-.~.~.'~,_=, ARTICLE 6 - CHANGES IN THE PROJECT 6.1 Change Orders. 6.1.1 Any work not contained in the scope of services set forth in Exhibit "A" shall be a change and shall be performed by CONSTRUCTION MANAGER only pursuant to a written Change Order to this Agreement signed by OWNER and CONSTRUCTION MANAGER. Such a Change Order may increase or decrease the Work within the general scope of this Agreement. 6.1.2 The proposal document may identify specific items that are not included in the Contract Price. The Work included in this Agreement shall be limited to that work specifically set forth in Exhibit "A". The performance or furnishing of any such items by CONSRUCTION MANAGER that are not included in the scope of services set forth in Exhibit A shall be pursuant to a Change Order issued in accordance with Paragraph 6.1.1. 6.2 Differing Site Conditions 6.2.1 The CONSTRUCTION MANAGER shall promptly, and before the conditions are disturbed, give written notice to the OWNER of (1) subsurface or latent conditions at the site which differ materially form those indicated in this contract and of (2) discovered and previously unknown physical conditions at the site, of an unusual nature, which differ materially from those encountered and generally recognized as inhering in works of the character provided for in this Agreement. Refer to Section 3.3 for responsibility as to subterranean conditions. 6.2.2 The OWNER shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the CONSTRUCTION MANAGER's cost of, or the time required for, performing any part of the Work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made an this Agreement modified in writing accordingly. 6.2.3 No request by the CONSTRUCTION MANAGER for an equitable adjustment under this section 6.2 shall be allowed, unless the CONSTRUCTION MANAGER has given the written notice required for such adjustment. 6.2.4 No request by the CONSTRUCTION MANAGER for an equitable adjustment to this Agreement for differing site conditions shall be allowed if made after final payment under this Agreement. 8 6.3 Regulatory Changes. The CONSTRUCTION MANAGER shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the date of this Agreement, provided that notice in advance of such work is furnished to OWNER. ARTICLE 7 -PAYMENTS TO THE CONSTRUCTION MANAGER 7.1 Payments 7.1.1 The type and form of compensation for CONSTRUCTION MANAGER shall be as specified in Exhibit "A". 7.1.2 CONSTRUCTION MANAGER shall submit to the OWNER monthly invoices covering the period ending on the last day of the preceding month that shall indicate the total amount due to the CONSTRUCTION MANAGER for work performed for the Preceding month. The OWNER shall have the right of inspection and verification of CONSTRUCTION MANAGER's invoice and shall have fifteen (15) days within which to approve the invoice. 7.1.3 The OWNER shall have the right to retain ten (10%) percent of the amount requested by CONSTRUCTION MANAGER for each payment. When the Work for each Phase reaches eighty (80%) percent completion the total amount of retainage shall not exceed five (5%) percent of the cumulative total amount invoiced by the CONSTRUCTION MANAGER for that phase of the Work. The five (5%) percent retainage shall be paid upon final completion of all Phases. 7.1.4 If the OWNER fails to make progressive payments due CONSTRUCTION MANAGER for undisputed services and expenses with thirty (30) days after receipt of CONSTRUCTION MANAGER's statement thereof, the CONSTRUCTION MANAGER may, after giving seven (7) days' written notice, suspend services under this Agreement until CONSTRUCTION MANAGER has been paid the undisputed amounts due for services, expenses and charges. If OWNER disputes any request for services, expenses and charges, OWNER must document is objection to payment within twenty (20) days of receipt of the statement therefor and may withhold that portion of the statement, which is disputed. If the parties are unable to resolve OWNER'S dispute, OWNER shall deposit the disputed amount with an escrow agent agreed upon by the parties. The terms of the escrow shall authorize disbursement by the escrow agent following either agreement of the parties or order of a court in the event the dispute cannot be amicably resolved. 7.2 Title Free of Liens. The CONSTRUCTION MANAGER agrees that title to all Work, including materials and equipment incorporated in the Project covered by any invoice will pass to the OWNER upon receipt of payment of the full amount of 9 ~,......,... ,- " ~-, -~~'. -,~".,.,,~-,"---,-.~ ,-,-"..............-......."'.. < ,~~."__.._.,,..___, _ c~ CONSTRUCTION MANAGER's invoice therefore, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as Liens. CONSTRUCTION MANAGER, at its own expense, shall indemnify, defend and save harmless OWNER against liens filed on the property of OWNER by subcontractors, material men or suppliers of CONSTRUCTION MANAGER for amounts due them from CONSTRUCTION MANAGER for Work, the cost of which has been paid by OWNER to CONSTRUCTION MANAGER. ARTICLE 8 - INDEMNITY AND INSURANCE 8.1 Indemnity. 8.1.1 The CONSTRUCTION MANAGER, in consideration of the sum of one hundred ($100.00) dollars paid by the OWNER and other valid consideration, the receipt and sufficiency of which is hereby acknowledged, agrees to indemnify, defend and hold the OWNER harmless from all claims and suits for damages arising from personal injuries, including death, injury or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom to the extent caused by the negligence of the CONSTRUCTION MANAGER, and from all judgments recovered therefore, and from all expenses for defending claims or suits, including court costs and attorney's fees, resulting therefrom. CONSTRUCTION MANAGER shall have no duty to indemnify OWNER hereunder against claims arising as a result of OWNER's sole or contributing negligence or the sole or contributing negligence of any other party. In no event shall CONSTRUCTION MANAGER be responsible, under this paragraph or otherwise, for any indirect, special or consequential damages of any kind. 8.2 CONSTRUCTION MANAGER's Insurance. The CONSTRUCTION MANAGER shall purchase and maintain the following Insurance to cover CONSTRUCTION MANAGER's performance under this Agreement. Owner shall be an additional insured on the comprehensive general liability and automobile liability insurance policies. 8.2.1 Worker's Compensation Insurance In full compliance with workers ' compensation laws of the states within which any part of the work is to be performed, together with employer's liability coverage with minimum limits of liability in the amount of $1,000,000 for each occurrence. 8.2.2 Comprehensive automobile liability insurance covering all owned, hired and non- owned vehicles with the following minimum limits of liability; Combined single limit - $500,000 each occurrence and $1,000,000 aggregate 8.2.3 Comprehensive general liability insurance including Independent Contractor's coverage with the following minimum limits of liability: 10 Combined single limit - $1,000,000 each occurrence and $2,000,000 aggregate 8.2.4 The CONSTRUCTION MANAGER's comprehensive general liability policy shall also include blanket contractual liability coverage. 8.2.5 CONSTRUCTON MANAGER shall requIre by subcontract that all Subcontractors maintain the same limits of insurance as set forth above and provide Certificates of Insurance listing OWNER as an additional insured on the automobile and general liability insurance policies. 8.2.6 All coverage shall be with insurance companies with a current rating of B+ issued by A.M. Best Company. 8.3 Certificates. CONSTRUCTION MANAGER shall furnish to OWNER promptly following the execution of this Agreement, certificates evidencing the maintenance of said insurance. The certificates shall provide that thirty (30) days' written notice shall be given to OWNER before the insurance policies noted herein are changed or canceled. Insurance certificates shall be attached to this Agreement as Exhibit D. ARTICLE 9 - TERMINATION OF AGREEMENT 9.1 Termination by OWNER for Cause. If the CONSTRUCTION MANAGER persistently fails or neglects to carry out the Work in accordance with this Agreement, the OWNER may give written notice that the OWNER intends to terminate this Agreement. If the CONSTRUCTION MANAGER fails to correct or to take steps to correct the defaults, failure to neglect cited by the OWNER in such notice within seven (7) days after being given such notice, the OWNER may then give a second written notice and, after an additional seven (7) days if the CONSTRUCTION MANAGER fails to correct or to take steps to correct as aforesaid, the OWNER may make good such deficiencies and may deduct the cost thereof from payments due the CONSTRUCTION MANAGER and, at the OWNER's option, may terminate the employment of the CONSTRUCTION MANAGER, take possession of the site and finish the Work by whatever method the OWNER may deem expedient. 9.2 Termination by OWNER Without Cause. In addition to termination under Article 9.1, OWNER may terminate this Agreement without cause upon thirty (30) days written notice to CONSTRUCTION MANAGER. Upon such termination, OWNER shall reimburse the CONSTRUCTION MANAGER for any unpaid portions of the Contract Price due it under Article 7 for the Work to date of termination. In addition, OWNER shall also pay to the CONSTRUCTION MANAGER fair compensation, either by purchase or rental at the election of the OWNER, for any equipment retained. In case of such termination of this Agreement, the OWNER shall further assume and become liable for obligations, commitments and unsettled claims that the CONSTRUCTION MANAGER has previously undertaken or incurred in good faith in connection with said 11 ._1 ~~_",.__.~.,..,...,_.~_;_._~...,_O' _ .~<---~~-~.~<-'.._--",,-<~ "-'-- Work, actual cancellation penalties for outstanding contracts and undelivered materials or equipment on orders, and any demobilization costs, plus 10% of such costs as additional CONSTRUCTION MANAGER's fee. The CONSTRUCTION MANAGER shall, as a condition of receiving the payments referred to in this Article, execute and deliver all such papers and take all such steps, including the legal assignment of its contractual rights, as the OWNER may require for the purpose fully vesting in the OWNER the rights and benefits of the CONSTRUCTION MANAGER under such obligations or commitments. 9.2.1 Pennanent Abandonment. In the even of pennanent abandonment of the Project, the OWNER may terminate this Agreement upon thirty (30) days' prior written notice to the CONSTRUCTION MANAGER. In such event, the OWNER shall pay CONSTRUCTION MANAGER for all amounts owed under Article 7 for work perfonned or labor, materials or equipment furnished, and for any proven loss or damages sustained by CONSTRUCTION MANAGER including but not limited to loss upon materials, equipment, tools and construction equipment and machinery. 9.2.2 Termination by CONSTRUCTION MANAGER. Except as provided in Article 7.1.4, if the OWNER fails to make payment when due, in addition to any other remedies in this Agreement or provided by law, CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment when due, in addition to any other remedies in this Agreement or provided by law, CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment. If the CONSTRUCTION MANAGER may give written notice of its intent to terminate this Agreement for non-payment. If the CONSTRUCTION MANAGER fails to receive full payment of amounts due within thirty (30) days after such notice to the OWNER, then CONSTRUCTION MANAGER may give a second notice that this Agreement will terminate in seven (7) days. If the CONSTRUCTION MANAGER does not receive payments in full for all amounts due prior to the expiration of such seven (7) day period, the CONSTRUCTION MANAGER may terminate the Agreement. ARTICLE 10 - DISPUTE RESOLUTION 10.1 Mediation. The OWNER and the CONSTRUCTION MANAGER agree that they shall first submit any and all disputes and other matters in question between them arising out of or relating to this Agreement or the breach thereof to mediation in Boynton Beach, Florida, prior to either of them initiating against the other a judicial proceeding. Participation in such mediation shall be a condition precedent to judicial action unless mediation is waived in a writing executed by both parties. 10.2 Claims and Disputes. Claims and disputes and other matters in question between the parties to this Agreement which are not resolved by mediation or with respect to which mediation is waived by both parties, which arise out of or relate to the 12 Agreement or the breach thereof shall be decided by judicial proceeding in Circuit Court, Palm Beach County, Florida. 10.3 Continuing Obligations. Unless otherwise agreed in writing, CONSTRUCTION MANAGER shall carry on the Work and maintain its progress during any mediation or judicial proceedings, and the OWNER shall continue to make payments for work perfonned, to the CONSTRUCTION MANAGER in accordance with the Contract Documents. 10.4 Survival of Provisions. This Article 10 shall survive the perfonnance or tennination of this Agreement. ARTICLE 11-NUSCELLANEOUS 11.1 Successors and Assigns. This Agreement shall be binding on the successors, assigns, and legal representatives of the OWNER or CONSTRUCTION MANAGER. Neither party shall assign, sublet or transfer an interest in the Agreement without the written consent of the other. 11.2 Use of Documents. The drawings, specifications and other documents furnished by the CONSTRUCTION MANAGER are instruments of service and, except by written agreement executed by the CONSTRUCTION MANAGER relating to use, liability and compensation therefore, shall not be used by the OWNER on other projects, for additions to this Project or for completion of this Project by others unless the CONSTRUCTION MANAGER is terminated for cause under this Agreement. 11.3 Copyrights. Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the CONSTRUCTION MANAGER's common law copyrights or other reserved rights. 11.4 Governing Law. This Agreement shall be governed by the laws of the State of Florida. 11.5 Notices. Except as written elsewhere in this Agreement, all written communications to OWNER and CONSTRUCTION MANAGER shall be sent with distribution to the recipient as set out below. OWNER CONSTRUCTION MANAGER CITY OF BOYNTON BEACH ROGINA, INe. 100 E. Boynton Beach Boulevard 6117 Carla Circle Boynton Beach, FL 33435 Lakeland, FL 33811-1964 Attn: City Manager Attn: Robert L. Scarry, Ph.D. 13 .--.---~,'._.~.. ¡:o; <£ ~ -",",~-"-~" .~__ s.__c~~~_-".~_. __-""~~____' _ 11.6 Attorney Fees. In the event of a legal action arising out of this Agreement, each party shall bear its own costs and attorney fees. 11.7 Partial Invalidity. The invalidity of any part or portion of this Agreement shall not affect or impair in any way the validity, enforceability, or effect of the remaining provisions hereof. In the vent any provision herein is found to be invalid, then such provision shall be deemed to be deleted and all other provisions of the Agreement will remain in full force and effect. 11.8 Entire Agreement. The documents which comprise the entire Agreement between· OWNER and CONSTRUCTION MANAGER concerning the Work ("Contract Documents") consist of the following: 1. This Agreement document (pages 1 to 15, inclusive) 2. Exhibits: A. Scope of Services and costs B. Project Schedule C. Insurance Certificates There are no other documents other than those listed in this section which are a part of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Witnesses: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: Janet Prainito, City Clerk Approved as to Form: City Attorney 14 ROGINA, INC., a Florida corporation Witnesses: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) )SS: COUNTY OF PAUM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of ROGINA, INC., a Florida corporation, an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper official of ROGINA, INC. for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she IS personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2004. NOTARY PUBUC My Commission Expires: M1P:c1e 7.12.2004 \\JGCDE]S\LffiRARY\1 990\9001 82.BB\AGM1\Construction Manager Agreement - Dr.Scarry.doc 15 ---.--. ....~-".~,-,,-'------>,,:~.... ,,- EXHIBIT A Al Bogina, Inc.,6111 Catta Circle, lakeland, Florida 338111964 Proposal for IEQ Evaluation Submitted to: Chuck Magazine City of Boynton Beach I Date I Project NO'1 FIN I Risk Management Dept. 8 July 2004 04-070801 59-3157426 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Project Location: City of Boynton Beach Project Description: Environmental Stabilization Of Mangrove High School Project Address: 125 East Ocean Avenue City / State / ZIP Boynton Beach, Florida Contact / Telephone Chuck Magazine / 561-742- 6042 Phone No. FAX NO. Contact Person Terms 561-742-6042 561-742-6041 Chuck Magazine Due upon receipt of invoice I I Scope: Provide efforts to establish a stabilized indoor environment quality at all locations within the Mangrove High School. Efforts shall include removal of all sou4rces of contamination that require special protective equipment to personnel working on the restoration of the historical site. Of particular importance is the removal of pigeon feces, visible microbial contamination, and ftee or mable asbestos-containing materials.. Sufficient samples will be collected and evaluated to detennine status offacility's indoor environment quality and justify a clearance notice. Providing an "Acceptable Environment" certificate shall constitute completion of the project. Rogina, Inc., as Construction Manager, will provide personnel and equipment to complete the effort to the satisfactiön of the City of Boynton Beach Administration. Rogina, Inc., will select sub-contractor( s) with remediation personnel who have demonstrated appropriate experience in Indoor Environment Quality recovery to complete the removal of contamination. Appropriate supervision and documentation will remain the responsibility ofRogina, Inc. Environmental Stabilization: An accompanying document produced with Microsoft Project outlines the various phases and efforts required to complete the Environmental Stabilization. Actual dates cannot be included as Project Acceptance must be provided by The City of Boynton Beach. Once clearance has been given a minimum often (10) days is required for Florida paperwork related to asbestos removal. During that period, equipment relocation is possible. It is anticipated that three (3) calendar weeks will be required to complete the Project. A work week shall include six (6) days, i.e., Monday through Saturday, and will include sixty (60) hours, i.e., 08:00 through 19:00. Accompanying documents represent actual documents provided by selected sub-contractors. Lang Environmental, familiar to City of Boynton Beach as responsible for an Indoor Environment Quality effort throughout the City Hall Complex, provided two options, 1.) Environmental Cleanup without removal of Asbestos-containing materials, (78,820.50)2.); Combined Environmental Cleanup with removal of Asbestos-containing materials ($111,526.50). City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 © Copyright Rogina, Inc., 2004 Confidential Page 1 7/8/2004 A2 Rogina, Inc., 6117 Calla Circle, lakeland, Florida 338111964 The Flood Masters, familiar to Rogina, Inc., for several containment efforts, will provide and maintain enviromnental supporting and containment equipment fot $45,101.75. Rogina, Inc., will provide continuous supervision, oversight and Project Management for $16,380.00. PROPOSAL: Rogina, Inc., proposes to provide all labor and materials to complete the above listed project, including removal of all pigeon feces, visible microbial contamination, and asbestos-containing floor covering, for a sum not to exceed $175,000.00. We appreciate the opportunity The City of Boynton Beach has provided. Authorized Rogina, Inc. Signature Date Robert L. Scarry, Ph.D., HCLD, RPlli ACCEPTANCE: The above prices, specifications, conditions and schedules are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made according to the above terms. Authorized City of Boynton Beach Signature Date Attachments: Microsoft Project Document outlining Environmental Stabilization Project Proposals submitted by Lang Environmental, Inc., (Breakout and Description) Proposal submitted by The Flood Master, Inc. City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 © Copyright Rogina. Inc., 2004 Confidential Page 2 7/8/2004 .._--,--~_. 'U " .....~_. ,-, .~' ,- -~- '~-" . A3 · 202 Lake Miriam Drive" Suite W-3 · · Lake1and, Florida 33813 · · Ph (866) 776-4462 Fax (863) 647-0981 · · www.rogina-inc.com · · .úe24:nJ1. Prom The desk of John Scarry *CBB Notes On waste management: ,.'., ;ø, :,.., >._......".. ;~..;. ,:: ....... . ". ,., " j"':",'. > .':~~"to Mr. Maga2ine the Ci~ will provide dwnpsters for normal waste " .. , , >; ;:.~:~: ~,th Lang Environmental Said 10 days is needed to register with State . :', . (-fl¡¡, "'",,' with Asbestos abatement . cots. .'. . .." ," ..,...~._ proJ . . . . .... . 'i:)i:'::':·,11øt:. ""7.:wm be fiiable due to its age. . '. "':' >':~~Mt~tt (561-687-1100) with Land fill did c:onfum the land fill was a class I . , . ~$11 and could açœpt asbestos with pope! paper WOrk. He was to fiJx that info'to . -:~- Also Accord.ing to Doug we must register with the Palm .Bead1 Co1JI1ty .' .·:'1t~·dept. At (561-355-3070). -:" ,1',. J?-~-P~ Rogina, Inc. . . . . . . . . . . . . A[~ Lang Environmental, Inc. Dr. Robert Scarry Project: City of Boynton Beach Rogina, Inc. Old Mangrove High School P.O. Box 5888 Bid No.: Lake/and, FL 33807 Date: June 14, 2004 'f1vjronmental Dear Dr. Scarry: 'emed;atíon Þ,soestos Removal As a follow up to our recent site visit, we are pleased to provide the following _ead Paint Abatement proposal for cleanup of the interior areas of the Old Mangrove High School, located in Boynton Beach, Florida. This proposal is based upon the site visit, ndoor Environmental and as more specifically outlined in this proposal letter. Quality ,1old/Mildew/Furgus WORK INCLUDED :nV!fonmental 1- Post warning signs and barrier tape around the perimeter of the work area to )emoiition notify all personnel in the area that construction work is taking place. These i.AZf·JlA T Clean up will be placed discreetly within the construction area but outside the work area to avoid undue concern. Any asbestos signage required will be placed ~neral within the building. mtracting 2- Set up scaffolding, as necessary, to access removal areas. lealth Care onstruction 3- Install a complete decontamination unit, consisting of a clean room, shower, ommercial and an equipment room. Install sufficient negative air filtration machines, to onstruction change out the air in the work area every fifteen minutes, and vent the ~¡,nant Build-Outs exhaust outside. It is understood that Flood Masters will be responsible for installation and maintenance of the negative air machines. 4- Install a containment system, consisting of critical barriers, to seal all penetrations into the work area. 'mpa I Badger Drive. 5- Remove and dispose of accordingly, from the following areas, approximately: ~. FIoridif 3361~2004 1622~83H '813) 62J-6()12 G mnasium - cksonville 15 Floor Bert Road,Suite6 2" Floor - onvil/e, FloricJa 32211 726-9170 1(4) 726"9168 6- Remove and dispose as ACM, from the following areas, approximately: rl Campbell 15 Floor - 14,000 SF of car et and VAT 30x 83 2" Floor 9,200 SF of car et and VAT ampbell. KY42223 - 31-4771 31)431-4772 7 - Following removal of contaminated materials from the areas, the walls and floors will be HEPA vacuumed, and/or wet wiped to remove any remaining contamination. VW.L-E.CC . . -¡. .....:t-',._~_....-_,.. ~- -'-' --.... ~- A5 Old Mangrove High School February 28,2003 8- All materials removed will be placed in an onsite dumpster, prior to disposal at an approved landfill. WORK BY OTHERS 1- Following removal of ACM from the work area, the owner's independent testing laboratory will perform final clearance testing, with acceptable levels being less then or equal to O.01fibers/cc, as measured by PCM (Phase Contrast Microscopy). 2- Provide waterand electric service, for use during removal operations. 3- Security of the area during non-working hours. 4- Any repair or replacement work, except as noted above. SAFETY AND QUALITY CONTROL PROGRAM 1. Lang Environmental has an active safety program with a dedicated safety manager who will monitor the project and conduct weekly safety meetings, as appropriate. 2. Lang Environmental has instituted a "Drug Free Work Place" Program, in accordance with State of Florida requirements. 3. All personnel working on this project will have pre-employment physicals, and have the medical examinations available for your review, in accordance with OSHA requirements. 4. The supervisor for this project will have completed the one-week "Asbestos Abatement Project Management and Supervision" course offered by the University of Florida in Gainesville. The supervisor for this project will have completed the three day "Certified Mold Remediator Class", offered by the Indoor Air Quality Association. 5. All personnel working on this project will have completed a training program covering the key aspects of indoor air quality work and asbestos abatement. 6. All personnel shall complete a respirator training program as part of their overall training. All personnel shall wear disposable protective coveralls for removal and disposal operations, and shall wear the appropriate respirator for removal. 7. All personnel will complete a certificate of worker's release form, outlining his understanding of the risks associated with mold cleaning and asbestos abatement. INSURANCE Lang Engineering has a basic $1 million Occurrence policy for special liability insurance anq also a $1 million policy for general liability, automobile and workers compensation. The owner will be named as an additional insured. A6 LICENSING Lang Environmental Inc. has met all of the requirements for licensing as an Asbestos Contractor (CJ C046268) and Class "A" General Contractor (CG CA23888) in Florida. Lang also holds a Mechanical Contractor License (CM C056805) and State of Florida Business License (ZA 0000023). DOCUMENT A TION Lang Environmental Inc. will assure that the owner receives all required documentation for each project. The documentation may consist of EPA notification, insurance certificates, landfill receipts, daily logs, air monitoring results, etc. PRICE AND SCHEDULE Following your notice to proceed, Lang Environmental Inc. is prepared to begin this project at a mutually agreeable time, tentatively on July 6,2004, and complete all work activities with a two week period. If the asbestos work is added to this project, then an additional week will need to be added to the schedule. Preparation work, removal, cleanup, and disposal, as detailed above can be completed for the "not-to-exceed" price of $78,820.50, for the IAQ cleanup, as detailed on the attached pricing sheets, with monies based upon the invoicing terms listed below. If the owner elects to have the asbestos work performed at the same time, then the combined "not-to- exceed" price will be $111,526.50. INVOICING & TERMS One invoice will be submitted upon completion of project with payment terms being Net 30 from date of invoice. Let me know if you need any additional information concerning our proposal. Sincerely, Accepted By: ~dt~ Signature Scott T. Lang Printed Name Project Manager STUts Title Date: _,_,__~_o<._ ..."......~~~'-'~ ....,V,.." _. __...,..., ,llIlù I-I~.""'L-'-' I/U/¿VV-r 5:27 PM LANG ENVIRONMENTAL, INC. A7 Old Mangrove High School Environmental Cleanup(no ACM) """""(J' N'"'T''''''''''''''''' """""'E' "X'~ITE""N""D"E' D ' .......- ..,. --..' ..' .' ......... . d '_.. _.. .. . _. ...... .......... . -.. .... ...-. ...-.,'-'. ',' ,.,-.,. .'., .,' . ... .-.' '.'. i:::::::::::::::,.,...:,:..-.:·:.:::::,:-:-:::::.:::::: '...:...-,-,.-.:-"::.::..-.-..::.,--,'.-,'":.,',,,,:' ','. .-- ............-....,...... ..--.----'.. ..... ...... ........-... ..-----.... - ---- . ,-....,....--..----. ..-- . ......-..--........,--...... -.. ..' --..-.....--..---.... ?ÞRlöË...) .,'...~ ·'·i<i!ö1'Äb,..·. .......-.........-....,... ..-..".,..,--,'..._'. . .. ... HRS $25.50 $30,600.00 HRS $34.45 $13,780.00 HRS $29.00 $5,220.00 HRS $38.60 $772.00 HRS $39.60 $7,128.00 HRS $51.20 $1,024.00 SUBTOTAL $58,524.00 ONIT> '··SXTENoSD '.,... ." -.....-- --. . --'. -...... .--....... '.... .... """'p"""'R':':"",':C"":' e":':: " ,:",,::, """""m"""A:""':"":""" ,", ._--, .' ..... ....-'...' -. ..----. "__..' - . .... d, ____, __ ____....... . ___.. ..--,- ..... -- ...... .....'. ..:,:,...."::,:",:,.,.:..:".....:,:"",, "J':Q.."",f;..,." EA DA $50.00 $0.00 8 EA 10 DA $35.00 $2,800.00 EA DA $50.00 $0.00 EA DA $150.00 $0.00 EA DA $110.00 $0.00 1 EA 10 DA $60.00 $600.00 2 EA 10 DA $25.00 $500.00 EA Dft. $60.00 $0.00 EA DA $15.00 $0.00 EA DA $25.00 $0.00 EA DA $110.00 $0.00 EA DA $50.00 $0.00 2 EA 10 DA $95.00 $1,900.00 2 EA 10 DA $65.00 $1,300.00 1 EA 10 DA $85.00 $850.00 TOTAL EQUIPMENT $7,950.00 j!lilr~~1:¡II~fAi@¡¡" Roll $64.50 $967.50 Roll $45.75 $0.00 20 Roll $27.50 $550.00 Roll $27.50 $0.00 Ea $6.30 $0.00 240 Ea $3.60 $864.00 550 Ea $3.40 $1,870.00 Ea $4.75 $0.00 30 Case $58.00 $1,740.00 Gal $15.75 $0.00 Gal $13.75 $0.00 Gal $18.75 $0.00 450 Ea $3.25 $1,462.50 Ea $12.60 $0.00 Ea $19.60 $0.00 Ea $3.25 $0.00 Ea $186.56 $0.00 Ea $5.75 $0.00 30 Ea $9.75 $292.50 [Page] 1 __........ ...... ...,_.......... 1""oJ' -.oJ.,,'-"""-' '!""'~V""''- 5:27 PM AS LANG ENVIRONMENTAL, INC. Old Mangrove High School Environmental Cleanup(no ACM) ITOTAL MATERIAL $7,746.50 I :YØ.ÚA.N''tI;tY >tUNft :gg¢$i LT $1,200.00 $0.00 2 LOT $1,000.00 $2,000.00 EA $10.00 $0.00 EA $0.00 EA $0.00 GAL $0.00 1 LT $2,000.00 $2,000.00 LT $0.00 SUBTOTAL $4,000.00 15% $600.00 TOTAL $4,600.00 GRAND TOTAL $78,820.50 [Page] 2 -, '. ..-' --,~--,--,,~."'" _oÞ-.*"''....___.''..R_'''.'. JUN-23-2004 08:31 PH P.Ol .11110__ IIIIIIIIIIIIIL A9 'AI g 8 8 8 8g~ 8 i â i 5æ g ~t;¡. :ê s t\4 ~ ~ ".....'-D~ ~ a ~ ..! .. ....: .,. § I ~.!k ~ ~ ~ .:@ II i I ~ ~ ~ ~. ~! l ~ l ~ I :t : ~ .i Ii: Ii t ~88 I~" 8 3 1 i ci Ig~ :lÎ~ Ic;! =ï "J ..!I 4 jj ~ In fi ;j .. .. ID .. .. ... 1i It Ii ~~ ~ ~ ~ II "1 \O~ i ~!1 1&..11 -; i ! ~ II iã .. .a I H t ~ · f2 1 I-II =ïDi~ 'Jcil ~, I I ~ ~ ,¡i! i i!,; ,,0-1 .: ~ . It J J i: 1'1 ~ ~i ~ ~ ' I1K 0....10 Iß. 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I\ « C = E- u. õ I\ « C I\ c> u. ..c C (.) c> 8 () <II == .2 c> S \1) I\ == - (.) c> S .5 .- == ,21 ~ 'c () () () () ~ c: 'E () () () () I\ C :3 :: () () E a.. IV C rJ :J: g- ()ZO!1!!1!~-~ ()Z0!1!~~_~ Een()ZO.!!!!1!~_~ -.::: \1) - - - 0 0 C OJ ~ ~ - - - 0 0 C J ~ ~ - - - - Sc 0 C ~o ~ ~ > ~ ~ ro <II œ E E œ C 0 IV œ œ E E I\ 0 ~ - I\ ~ I\ I\ E I\ - ~ o g ~ 1;) êi) 1;) (1) Q) .!Y g» ~ 0 (;) ë;) 1;) Q) (1) .9! g> ~. XI en û) (¡) en Q) CD Jl g» m "2 o ~ ~ £ £ E IX: IX: () m f- ~ £ £ £ IX: IX: () m f- C £ £ £ £ 0 IX: () m f- ~ - ~ _ "0 [ ~ :¡¡ ~ ¡;¡ e" Õ C ! Q) - W J ~ 0- 'Ëv I rJo I II m III IUIII II 111111 111111111 mm 11m IlIIIGI !~ - N M V ~ ~ ~ ro m 0 ~ N (") v ~ ~ ~ ro m 0 ~ N (") v ~ ID ~ ro m 0 ~ N (") v .~~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N N N N N N M ~ ~ M ~ ero I 0..0 .., ..-,,'-'>'.......--~..-. , - en u. I- ~ - :¡: /) /) +¢ L CD c: '" 0 - .:.! û) '" .!P > m ~ > I- ïü ïü CD - c: c: .5: ~ ~ '5Ï > ~ C) w 0 ) ) ... + ~ m N E CD E 01 m "- CD ~ ::> a.. ~ c m en B E Õ '" ¡;¡ .!P E C) en ~ ::> 'ë' en a.. ('-. '" >. m 1:1 C'\I '" '" .:.! .... e '" 01 W m ã. ~ ~ t- en a.. :5 :2 j) '" :) ;:: CD "3 1:1 CD .s:::. 0 '" õ CD 'õ' tJ Îi ~ - gð ~- . om . 1~~ tjù: CD .. .~CD 0.... '- m a.. 0 EXHIBIT C CURRICULUM VITAE Robert L. Scarry, MS, Ph.D., HClD(ABB}, RPIH, CIAQP, CIAQC 6117 Carla Circle lakeland, Fl 33811 (863) 646-2920 email: r _ scarry@msn.com DATE OF BIRTH: February 4, 1938 PLACE OF BIRTH: Salinesville, Ohio, U.S.A. MARITAL STATUS: Married II .' -.0.. ."", ,'" ',", ,",,', ,',- ',", .',.'" ,,';? IiHtI~:lij~.,< . ~'" DEGREE DATE COLLEGE ADDRESS B.A. 1965 North Central College Naperville,IL M.S. 1970 Kansas State College Pittsburg, KA Ph.D. 1974 University of Missouri Columbia, MO Fellowship 1974 University of Kentucky Lexington, KY CERTIFICATIONS: ! American Board of Bioanalysis- High Complexity Clinical Laboratory Director (D4975) ! Board Certification Eligible (AAM) ! CDC Certified Laboratory Director- 1976 ! Florida Health & Rehabilitative Services- Laboratory Director (DI-0026036) ! National Certification Agency for Medical Laboratory Personnel, Inc.- CLDIR (348-32- 8564) ! New York Health Department- Laboratory Director (SCARR1) ! Tennessee Department of Public Health- Medical Laboratory Director (7609) ! Assoc. of Prof. Ind. Hyg. - Registered Professional Industrial Hygienist (06400999) ! Association of Energy Engineers- Certified Indoor Air Quality Professional (CIAQP) ! American Indoor Air Quality Council- Certified Indoor Air Quality Consultant (CIAQC) ! Florida Dept. Insurance - Certified Insurance Instructor- (1226883) HONORS: ! J. Jack Steare Award 1956-1959 ! National Honor Society 1956 ! National Science Foundation Fellowship 1967-1969 ! Kentucky Colonel 1979 ! Tennessee Colonel 1983 Scarry: Curriculum vitae 1 ---_............--~.....~.....-'--""'-'~-'-~,_. -._~ ...---'. ---_.~-~ ---,-~ PROFESSIONAL SOCIETIES AND AFFILIATIONS: ! American Association for the Advancement of Science ! American Association of Bioanalysts ! American Board of Bioanalysis (High Complexity Clinical Laboratory Director) ! American IAQ Council ! American Industrial Hygiene Asrociation ! American Society for Medical Technology ! American Society for Microbiology ! American Society of Heating, Refrigerating, and AiF-conditioning Engineers ! Association of Energy Engineers ! Association of Professional Industrial Hygienists ! Beta Beta Beta ! Clinical Laboratory Management Association (President 19841985) ! Florida Society for Medical Technology ! International Society for Human and Animal Mycology ! Medical Mycological Society of the Americas ! National Indoor Environmental ProfESsional Association (President & Chairman of Board) ! New York Academy of Science ! South Central Association for Clinical Microbiologists ! Tennessee Society for Clinical Microbiology (President 198:H983) I :',~,':__"",':J:"",,,,:--,,-.~,,-, "~ ""~:~'::C'__",'-::-,~"::<,:", '. . 'jC,,__. . ",-- '" . ~,:,':. 'A'''''·,,"'.:''':':,~'~''';<V' .~ .", IŒS~~"_~jlR~j~~sm.~¡¡~,fj_~~', DATE POSITION INSTITUTION ADDRESS August, 1992 to President / Chief Rogina, Inc. 6117 Carla Circle Present Executive Officer Lakeland, FL 33811 June, 1993 to July Vice President, Pure Air Control 407 Elizabeth Avenue 1998 Diagnostics. Services, Inc. Clearwater, FL Laboratory 34619 Director January, 1986 to Medical and Watson Clinic 1600 Lakeland Hills February, 1993 Administrative Boulevard, Lakeland, Laboratory FL 33804-5000 Director October, 1980 to Director, International 5 Park Plaza, January, 1986 Microbiology and Clinical Nashville, TN 37203 Immunology Laboratories January, 1980 to Vice-President & Immuno- P. O. Box 1151, October, 1980 Director, Research Mycologies, Inc. Norman, OK 73070 and Development November, 1974 to Chief Pathology & 2370 Nicholasville January, 1980 Microbiologist Cytology Road, Lexington, KY Laboratories 40503 March, 1974 to Fellow in University of Lexington, KY November, 1974 Community Kentucky Medicine September, 1970 to Doctoral Student University of Columbia, MO March, 1974 and Research Missouri, Dept. of Assistant Veterinary Medicine June, 1970 to Instructor Kansas State Pittsburg, KA August, 1970. College Scarry: Curriculum vitae 2 II RESEARCH AND PROFESSIONAL EXPERIENCE DATE POSITION INSTITUTION ADDRESS 1969-197° Graduate Student Kansas State Pittsburg, KA and Teaching College Pittsburg, KA Assistant Stockade Feed Quality Control Company Chemist RESEARCH INTEREST: Clinical and Environmental Microbiology and Immunology PUBLICATIONS: ! Scarry, R.L., 1970, Ascostroma Formation inLeptosphaerulina briosiana, M.S. Thesis, Pittsburgh, Kansas ! Scarry, R L. & Bishop, D.S. 1970, Ascocarp Development inLeptosphaerulina briosiana Abst. Kansas Academy of Science ! Scarry, R. L., 1974, Characterization of Subunits Isolated from the Histoplasmin Component HPDd, Ph.D. Dissertation, University of Missouri Press, Columbia, MO ! Sprouse, RF. & Scarry, RL., 1973, The Amino Acid Composition of Histoplasmin purified derivative Bacterol Proc., 73:131 ! Scarry, R L., 1981, Rubella Testing in the Clinical Laboratory, Laboratory Man~ement ! Jones, S.M. & Scarry, R L., 1982, Alkaline Phosphatase Characterization, J. Medical Tech. ! Scarry, R. L., 1980. Culture Kits: Utility/Reliability Proc. Eleventh Family Medical Review, Lexington, KY ! Scarry, RL., 1982, Herpes Virus- Topics in Microbiology, Tennessee Laboratory Digest V(3):3 ! Pribor, Hugo C. And Robert L. Scarry. 1984. A Microbiology Computer System. Laboratory Medicine 22(10) 4~47. ! Scarry, R L., Green, Wayne F., Fabisinski, III Leo L. and Pribor, Hugo C., 1983, Artiiiial Intelligence in Laboratory Medicine. IV: The Immunocompetence Profile, Laboratory Management 21 (12):27-29 ! Scarry, RL., Green, Wayne F., Fabisinski, III Leo L. and Pribor, Hugo C., 1984, Artificial Intelligence in Laboratory Medicine, V; The Immmocompetence Profile in Hyperimmune Disease, Laboratory Management 22(6): 15-17 ! Scarry, R L. & Edmiston, Charles, 1985, In Vitro Synergistic Activity of Imipenem Combined with Piperacillin and Ceffimizole AgainstBacteroides fragilis Group. Abstract ASM Annual Meeting, Las Vegas ! Scarry, R L., 1984, Antinuclear Antibodies: An Update. Laboratory Management 22(12):1517 ! Edmiston, Charles E. Jr., Candace J. Krepel, Robert Scarry, Michael P. Goheen, and Hidefumi Matsui. 1988. In Vitro Activity ofYM-13115, A New Cephalosporin, Compared with Other Beta-Lactams Against Pseudomonas Aeruginosa. Current Therapeutic Research 43(4) 657-662. Scarry: Curriculum vitae 3 ~>,,._.'.",""'--""'~' ~.---~..._- ,,-.- .. '- · Scarry, Robert L. 1993. Defining a Sick Building. Abstr. Florida Education Risk Management Association (FERMA) Summff Conference, Longboat Key, FL ! Scarry, Robert L. 1993. Sick Building Syndrome-A Worker=s Compensation Approach. Abstr. Florida Education Risk Management Association (FERMA) Summer Conference, Longboat Key, FL ! Scarry, Robert L. 1993. What is your IaQ? Abstr. Annual Meeting of Facility managers of Private Colleges. St. Leo College, Florida. ! Scarry, Robert L. 1993. IAQ and T.B. Abstr. Florida Hospital Engineering Association, 31st Annual Conference. Orlando, Florida. ! Scarry, Robert L. 1993. Indoor AT Contaminants. The IAQ Insider: 1(2) 1. ! Scarry, Robert L. 1994. Bioaerosols. The IAQ Insider: 1(3) 24. ! Nuechterlein, Michael, F., Thomas F. Icard, Robert W. Myers and Robert L. Scarry. 1994. Sick Building Syndrome- A Primer for Owners, Contractors, Des.gners and Attorneys. The Ninth Annual, The Construction Superconference, Abstr. San Francisco, California. ! Scarry, Robert L. 1995. A Comprehensive Approach to Indoor Air Quality Problems. Abstr. American Institute of Plant Engineers 4th Annual Conferenœ. Tampa, Florida. ! Scarry, Robert L. 1995. Bioaerosols: Don=t Count on Your Cultures; Consider Their Quality. Indoor Air Quality. Healthy Building >95 Conference Abstr., Chicago, Illinois. ! Scarry, Robert L. 1995. Building Commissioning: A Vote of Confiœnce. Clearwater, Florida. ! Scarry, Robert L. 1997. Building Pollutants In The Hot & Humid Climates. Abstr. Hot & Humid Indoor Environments >97 Conference. Tampa, Florida. ! Scarry, Robert L. 1997. Bioaerosols and Other Microbial Evaluations. AbstrHot & Humid Indoor Environments 2nd Annual Conference. Houston, Texas ! Scarry, Robert L. 1997. Microbiology. Abstr. Florida Environmental Health Association, Inc. 50th Annual Education Conference. Clearwater, Florida. ! Scarry, Robert L. 1998. BioaerosoB and Other Microbial Evaluations. Abstr. Hot & Humid Indoor Environments 2nd Annual Conference. Tampa, Florida. ! Scarry, Robert L. 1998. Microbial Sampling and Remediation: Case Studies. Abstr. Indoor Environment >98. Washington, D.C. ! Scarry, Robert L., 1999. The Clinical Importance ofStachybotrys chartarum (atra}and Other Selected Fun~i in Environmental Settings. Proceedings of 1999 Practical Indoor Environmental Qua ity (IEQ) Symposium. Florida Dept. of Labor Symposium. Sarasota, FL. ! Scarry, Robert L., 2000. Phase I Assessments: The Building Walk Throughln EIA: 2000 Professional Development SeminarsFundamentals of Indoor Air Quality. Environmental Information Association 11h Annual Conference. Orlando, FL RESEARCH SUPPORT: ! Structural Elucilation of a Histoplasmin Derivative. National Institute of Allergy and Infectious Disease. DHEW. $41,437. Research Asst. (USPH AI 961401 & 02). Scarry: Curriculum vitae 4 ! Normal Biologic Profiles for Miniature Swine. National Institute of Health, DHEW. $119,843 (1 year). Research Assistant. (USPHS 2 R01 RRo039G-04). ! Structural Elucidation of Histoplasmin HPDdl and HPDdII. National Institute of Allergy and Infectious Disease, DHEW $86,279. Research Asst. ! Microbial Sequela in Periodontitis and Dental Canes. National Institute of Dental Health, DHEW. $142,297.50. Co-Investigator. EMPLOYMENT RELATED ACCOMPLISHMENTS INCLUDE: 1969 - 1970: ! Worked a 40 hour week at Stockade Feed Company. Responsibilities were primarily to guarantee through chemical analysis that label specifications met actual product content in veterinary (cattle, etc.) feed being produced. ! Simultaneously held a graduate teaching position with responsibility for complete laboratory portion of a first-year (Freshman Level) biology course. Responsibilities included laboratory set-up and instruction. ! Simultaneously obtained a Master of Science Degree in biology while raising 4 children. 1970 - 1974: ! Held a research position at the University of Missouri. Was responsible foreaching, assisting in Public Health Service (PHS) research, and completed a doctorate (Ph.D.) in Microbiology. ! During that period was active in community affairs as a coach and umpire for "TEall" and Little League Baseball in Columbia Missouri. 1974: ! Completed a Post-Doctoral Fellowship in Community Medicine at the Albert Chandler Medical Center of the University of Kentucky in Lexin~on, Kentucky. Responsibilities included ~idemiology studies forHistoplasma capsu atumandBlastomyces dermatiti es, while maintaining statewide evaluations of registered (includes indigent and rural) patients with Tuberculosis and/or respiratory mycoses. ! Simultaneously sat on the Medical Review Panel for the State Respiratory Hospital (Bourbon County Hospital) inParis, Kentucky. 1974 - 1980: ! Joined a pathology group with multiple hospital contracts in central and eastern Kentucky. Primary responsibilities were the development of in-house procedures for Microbiology and Immunology testing. ! Developed a reference laboratory for Mycobacteriology and Mycology. Developed fluorescent antibody studies. ! Was invited to CDC to represent mid-Kentucky for information and culture of Legionnaire's bacillus. ! Was responsible for upgrading laboratory facilities of lppalachian Regional Hospital (Black Lung Facility) and other eastern Kentucky hospitals under contract to pathology group. ! Developed research studies to evaluate drug efficacy in anaerobic infections utilizing Scarry: Curriculum vitae 5 ~---~......_.-"' =--....... ...."._.__r-_~ anaerobic chamber (Coy) and pre-reduced anaerobic systems (PRAS). ! Provided continuing medical education for Rural and Remote facilities to assist with maintenance of licensure. ! Was responsible for Infection Control Programs in multiple hospital settings. In most instances was required to initiate, design, establish and monitor the program as either a participant or Chairperson. 1980: ! Accepted the position of Director of Research and Development with a serology company (Immunomycologics, Inc.). ! Served as a member of the Board of Directorsand Vice-President of Research and Development at Immunomycologics, Inc. ! Was instrumental in development of several immunological kits still used in the serological evaluation of microbiological entities in human specimens. Development included production of antisera in animals. This research was among the first in monoclonal antibody work with BalbC mice. ! Assisted in development and publication of a trade newspaper for advertising and explaining serological test materials. 1980 - 1986: ! Was recruited to be director of Microbiology and Immunology for International Clinical Laboratories, Inc. at the national reference laboratory in Nashville, TN. ! Increased productivity within department of Microbiology from less than 900 tests per FIE per month to over 1200 within a 3 year period. ! Increased profit level from a "service" department to a department operating at less than 50% overhead in Microbiology in 2 years. Made the department a $1 million area within 4 years and reduced non-personnel expenses, without a loss in quality, through automation and screening procedures. ! Developed an Immunology Department that was responsible for such diverse testing as HLA-B 27, Herdes Cultures, Electrophoresis of serum proteins, hemoglobin, CPK isoenzymes an LDH isoenzymes, quantitative analysis of clotting factors, and a full gamut of autoimmune disease assays using fluorescent antibody procedures. ! Developed assays to evaluate immunodeficiency testing that is still the hallmark of testing in clinical settings. ! Developed reporting protocols for electrophoresis that were later simulated by commercial and clinical personnel performing quantitative analysis of myeloma proteins in gammapathies. 1986- 1993: ! Was recruited to serve as Laboratory Director fir a private physician partnership of 85 physicians in a multi-specialty clinic, Watson Clinic, Lakeland, Florida. ! Increased instrumentation in Watson Clinic Laboratory, providing builtin backup of essential services. ! Designed coverage and testing ¡rotocols for a satellite facility for Watson Clinic to house 23 physicians. Scarry: Curriculum vitae 6 ! Designed a new laboratory at the main Watson Clinic facility to replace original facilities. Due to the appearance and productivity of the new laboratory it has been the showcae for several vendors who seek to sell instruments and other products used by the laboratory. ! Introduced computerization at Watson Clinic Laboratory in 1987 with barcode abilities in both Chemistry and Hematology. ! Obtained Medicare Certification fO' the laboratory with a deficiency-free inspection. Subsequent inspections (2) were also deficiency-free. ! Upgraded computer system to a LIS with full network to the c1inieos mainframe for billing and patient demographics, inter-laboratory communications on a real-time basis with satellite operations, and remote reporting, including electronic inquiry, and printing abilities. Most instruments were interfaced for direct dm\Tllload of data and several were bi-directionally interfaced for up loading of patiert requests. ! Developed a continuing education program accredited by Florida's Department of Health and Rehabilitative Services (HRS) to train technical personnel. Acquired licensure to provide continuing education for licensure renewal programs throughworkshops and seminars. ! Was program coordinator for Florida required AIDS education of all clinic personnel for 3 years. ! Was program coordinator for Federally required OSHA Training and Safety Programs. ! Served as Chairperson of Infection Control Cbmmittee for the Clinic and was member of several other committees. ! Medical and Administrative Director of a Laboratory with 40 FTEs that performed 6-4 million procedures a year at an overhead of 37% and an annual net earnings of $10 million. ! Instrumental in converting physician-driven facility into a CLIA compliance facility v.ith a single director and several small physician laboratory areas. 1992 TO 1998: ! Formed a Florida Corporation; Rogina, Inc. ! Served as President of Rogina, Inc., a consùting organization developed to answer the questions posed by clinical laboratory administrators as related to computerization, instrumentation, personnel requirements, test selection, CLIA88 legislation, and OSHA requirements. ! Spoke at professional mætings including Renal Association of Florida and other laboratory organizations ! Provided consultation and guidance into the development of an environmental assessment instrument capable of data logging and information interpretation for an upstart compa:w entering the environmental assessment industry. ! Joined an active indoor air quality (IAQ) organization, Pure Air Control Services, as Chief Environmental Scientist and Microbiologist. Within 8 months period at Pure Air Control Services, was designated as Vice-President of Diagnostics (one of 2 major divisions within organization). The position constituted one of three major management positions shared by CEO and another Vice- President (Operations). Scarry: Curriculum vitae 7 . ''-<'____.. .~~_..._.'__~c_,_, "'__ ~ ........-"'.~~, -- _,~", o.,,__.~... ........................" _~,_.~,',_ '''_~'.'''''~_'~'~ ""'.'_' ,c> ! Organized and standardized diagnostic protocols,including reporting, for Indoor Air Quality evaluations. 1 Co-founder (1995) and President (1995-1998) of National Association ofIndoor Environmental Professionals; a non-profit organization dedicated to standardization of the Indoor Environmental Parameters and to relative education directed toward understanding of those parameters. This organization was renamed National Indoor Environment Professionals Association in 1998. ! Spoke at several major organizational meetings including: - Florida Risk Management Association - Hospital Engineers Society - Washington D.C. Conference on IAQ - Portland Energy Commissioning Institute - National Coalition for Indoor Air Quality - Super Fund Construction Conference, San Francisco - Testimony Before OSHA, Re.: OSHA Proposed Indoor Air Quality Standard ' 1910.1033· - Premier Indoor Air Quality Symposia (3 years). Keynote Speaker 3rd Symposium. ! Directed IAQ diagnosis and environmental mitigation for several large facilities including: - Hospitals - Schoo1s - Commercial Buildings - Businesses - Nursing Homes - Government Facilities - Correctional Institutions - Churches, Synagogues, and Temples - Museums ! Served on the American Industrial Hygiene Association (AlHA) committee for the development of a laboratory evaluation system to certify the quality of environmental laboratory microbiology. The committee (Environmental Microbiology Proficiency Assessment Testing, i.e., EMP AT) completed its task within two years and protocol was implemented in 1997. ! Served as an examination provider to the American Board of Bioanalysis (ABB). Responsible for writing and editing examination materials for certification of members. ! Served as an examination provider to the National Certification Agency for Medical Laboratory Personnel (NCA). Responsible for writing and editing examination materials for certification of members 1998 - PRESENT ! Expanded Corporate Charter of Rogina, Inc., to include Environmental as well as Clinical Health Issues and Consultation. Assumed actve role as President and CEO of Rogina, Inc. Developed Marketing and Business Protocol for Organization. Financial status of Corporation was beyondABreak even@ within first year of activity. ! Developed Continuing Education Program for Rogina, Inc. Flaida Department of Health Licensed Rogina, Inc., as Education Provider JP000051O. Department of Professional Regulations, Construction Industry Licensing Board designated Rogina, Inc., Education Sponsorship No. 04P0490. Provider Identification was chan~d in 2000 to #0001092. ! Lectured at American Association of Bioanalysis 1999 Annual Meeting, San Diego, California. Indoor Air Quality and Health Related Issues. Scarry: Curriculum vitae 8 ! Guest Lecturer for Florida Risk Management Organization, Orlando, Florida. ! Guest lecturer for Architectural and Design Engineering Organization, Orlando, Florida. ! Guest technical lecturer for American Society of Heating, Refrigerating, and AiF conditioning Engineers, Orlando, Florida. ! Provided Environmentally Sensitive Assistance including: Oversight (Supervision and Protocol Design) mitigation of Microbial Contaminated Space. Environmental Assessments Large Educational Facility. Expert Testimony including Courtroom Testimony. Several Residential Assessments. Assessment and Litigation Supportof Government Program for Retired and Aging. Served as Quality Assurance Provider for Large Engineering Firm (Contractual). Project Review Contractor for International Property Management Organization. Provided peer-review to a large environmental organi:zation at their request. ! Guest lecturer for Florida Department of Labor Symposium, Sarasota, Florida. ! Served as continuing education provider at Environmental Information Association 11' Annual Conference. ! Guest lecturer, representing Underwriters Labcratory, at the Canadian Institute of Public Housing Inspectors annual training workshop. Vancouver, British Columbia, Canada. ! Guest Lecturer, American Association of Bioanalysts 2000 Conference, San Antonio, Texas. ! Guest Lecturer, Southwest American Sœiety of Home Inspectors, January 2002, Osprey, Florida. ! Guest Lecturer, Southeast Affordable Housing Association, 2002 Annual Meeting, Jacksonville, Florida. ! Guest Lecturer, American Association of Bioanalysts 2002 Conference, Myrtle Beach, South Carolina. ! Guest Lecturer, Polk County Home Builders Association, Lakeland, Florida 2003 ! Guest Lecturer, American Association of Bioanalysts 2004 Conference, Las Vegas, NV FUTURE: ! Participate in development of industry models useful toward the standardizatrim of information obtained and employed in assessments of indoor environments. ! Participate in development of standard protocols for environmental assessments that will interface and assist in the clinical evaluation of occupants suffering untoward effets of environmental contamination. ! Provide continuing education which willAProfessionalizæJ the Indoor Environment Industry. ! Be a positive force in environmental health industry. Scarry: Curriculum vitae 9 ~o'~o,_,"_~'~'<~;=---"'_~-"-~_""_'''__~_<' .. -~, _." ,.........___'""'_, _~-v,'.. ._ '.. _ ...'~'_"._~. ."'_,~~'..._'. XII. - LEGAL ITEM A.l 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 o April 7, 2004 March 15,2004 (Noon.) o June 1,2004 May 17,2004 (Noon) o April 20, 2004 April 5,2004 (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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item under Public Hearing and Legal, Ordinance - First Reading on March 16, 2004. The corresponding item has returned trom the Florida Department of Conununity Affairs (DCA) and it is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-036. EXPLANATION: PROJECT: Renaissance Commons (CPTA 03-001) AGENT: Kim Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress A venue and Gateway Boulevard DESCRIPTION: Request to amend the text of the Comprehensive Plan Future Land use Element to establish a Development of Regional Impact (DR!) as a land use designation, and corresponding policies for the Renaissance Commons DR! (tka Motorola DR!) that documents its approval; uses, densities and intensities; and approved traffic generation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~s D'V'I~to, Ity anager sIgnature l.cJ~ City Attorney / Finance / Human Resources Planning and Z g Duector S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\CPTA 03-ool\Agenda Item Request Renaissance Commons 2nd reading CPTA 03-001 7- 20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC DEVELOPMENT DEPARTMENT PLANNING&. ZONING DMSION MEMORANDUM NO. PZ 04-036 TO: Chairman and Members Planning and Development Board I FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 SUBJECT: DR! Policies for Renaissance Commons (CPTA 03-001) INTRODUCTION Compson Associates of Boynton II, LLC is requesting amendments to the Future Land Use Element of the City of Boynton Beach Comprehensive Plan pertaining to Renaissance Commons (fka Motorola) DR!. The text amendment is a companion to the Land Use Amendment and Rezoning also requested for the Renaissance Commons site. PROCEDURE Text amendments to the Comprehensive Plan are deemed to be "large-scale" amendments and are normally required to be a part of on of the two annual "large-scale" amendment cydes allowed each calendar year by Chapter 163, F.S. An exception to that rule is in the case of a Development of Regional Impact (DR!) where the law permits amendments related to a DR! to be adopted without being subject to the twice-yearly restrictions. Following local board review and aty Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The aty then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes In response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT The proposed text amendment will add one new DR! objective and three policies specific to the Renaissance Commons DR! to the Future Land Use Element. The policies detail the approved density and intensity ranges as well as the maximum number of peak hour trips approved in compliance with the Palm Beach County Traffic Performance Standards. PROPOSED TEXT (with proposed changes shown in underlined and bold text) .»--' ...-.0-___ ~, ',. . Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts Objective 1.24 The City shall delineate Development of Regional Impact in the Future Land Use Element and on the Future Land Use MaD. Each Development of Regional Impact shall be governed bv specific policies herein. Policy 1.24.1.a The Renaissance Commons (tka Motorola) Development of Regional Impact (DRI). approved by Ordinance 79-36. as most recentlv amended by Ordinance 04- (the "Development Orderj. is a multiple-use project proposed to contain multi-family residential. commercial and office uses. Policy 1.24.1.b Consistent with the Renaissance Commons DRI Development Order. the approved land uses and intensities shall be as follow: Land Use Minimum-Maximum Intensitv High density Residential 1.085 du to 2.016 du Office Commercial 173.460 sf to 322.140 sf Local Retail/General Commercial 149.100 sf to 276.900 sf Policy 1.24.1.c Traffic generation for the Renaissance Commons DRI shall not exceed 1.634 peak hour trips (For compliance with Artide 15. Traffic Pértormance Standards of the Palm Beach County Unified Land Development Code ). ANALYSIS The addition of the objective will recognize an approved DRI as a specific land use category. The three proposed policies are specific to the Renaissance Commons DR! and allow the data, analysis and statewide review of the project to serve as the justification and documentation fur the DRI. The DRI designation and poIides allow site-specific uses, intensities, conditions and characteristics to be described in the Comprehensive Plan. The range of densities and intensities for each land use represents a 30% modification, reduction and increase, to each land use proposed in the Notice of Proposed Change (NOpe). The "Use Conversion Matrix" contained in the NOPC is based on traffic trip equivalency and will be used if any approved use should be converted to another use. This aUoY(Sthe City to approve conversions of uses up;to 300/0 without requiring êJComprehensive Plan amendment. DRI polity (c) also expresses the . maximum traffic generation volume for concurrenty purposes utilizing Palm Beach County Tráffic Engineering's accepted methodology pursuant to COUntywide Traffic Performance Standards. The amount shown, 1,634 peak hour trips, is the number of trips vested by the original project approval. RECOMMENDA110N Staff recommends the addition of Objective 1.24, delineating Developments of Regional Impact in the future Land Use Element and futUre Land Use Map, and thethl"èe polides specific to the Renaissance Commòns DRI. ATTACHMENTS J:\<;HRDATA~COMP PlAN PROå:ss\srAFf REPORT CPrÞ.dQc 1 ORDINANCE NO. 04- D I ;;L I 2 3 AN ORDINANCE OF TIIE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING TIIE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSNE PLAN TO 6 ESTABLISH A DEVELOPMENT OF REGIONAL IMPACT 7 (DRI) AS Å LAND USE DESIGNATION, AND 8 CORRESPONDING POliCIES FOR TIIE RENAISSANCE 9 COMMONS DRI (FKA MOTOROLA DR!) THAT 10 DOCUMENTS ITS A APPROVAL, USES, DENSITIES AND 11 INTENSITIES AND APPROVED TRAFFIC GENERATION; 12 PROVIDING FOR CONFLIcrs, SEVERABIl1TY, AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") 16 as adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the Local 17 ovemment Comprehensive Planning Act; and 18 WHEREAS, after public hearing and study, the City Commission deems it to be in 19 he best interest of the inhabitants of the City to amend the text of the City's Comprehensive 20 Jan by the creation of Objective 1.24, delineating Developments of Regional hnpact in the 21 uture Land Use ElemeQt and Fùture Land Use Map, and the three policies specific to the 22 enaissance CommonsDRI; and 23 WHEREAS, the addition of the objective will recognize an approved DR! as a 24 pecific lànduse category, and the three propôsed policies are specific to the Renaissance 25 ommons DiU and allow the data, analysis and s~atewide review of the project to serve as the 26 ustification and documentation for the DRI; and 27 WHEREAS, it is the recommendationcof staff that a text amendment be made to 28 rovide for the crèation Objective 1.24, whichobj~ctive wiU recognize an approved DR1 as a 29 pecific land use category. ,--><.......'........_--_...,"'-~- 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That Objective 1.24 of the City of Boynton Beach Comprehensive 4 Ian is hereby created, as foHows: 5 6 The City shan delineate "Developments of Regional Impact" in the 7 Future Land Use Element and on the Future Land Use Map. Each 8 Development of Regional Impact shan be governed by specific policies 9 herein. 10 11 1.24.1.aThe Renaissance Commons fka Motorola Develo ment of Re ·onal 1m act 12 (DRI), approved by Ordinance 79-36, as most recently amended by 13 Ordinance 04- (the "Development Order"), is a multiple-use project 14 proposed to contain multi-family residential, commercial and office 15 uses. 16 17 Consistent with the Renaissance Commons DRI Development Order, 18 the approved land uses and intensities shan be as fonow: 19 Land Use Mínimum-Maximum Intensity High density Residential 1 ,085 du to 2,016 du Office Commercial 173 ,460 sf to 322,140 sf Local RetaiJ/General Commercial 149,100 sf to 276,900 sf 20 21 Traffic generation for the Renaissance Commons DRI shaH not exceed 22 1 ,634 peak hour trips (For compliånce with Article 12, Traffic 23 Performance Standards of the Palm Beach County Unified Land 24 DeveIo~ment Code ). 25 26 27 Section 2. An laws and ordinances applying to· the City of Boynton Beach in 28 onflict with any provisions of this ordinance are hereby repealed. 29 30 Section 3. 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 not . 32 feet the remainder of this Ordinance. 33 34 Section 4. This Ordinance shall become effective immediately. 35 FIRST READING this ~ day of l'Ytc¿rGA . 36 , 2004. 37 38 1 SECOND, FINAL READING AND PASSAGE this _ day of , I 2 004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 . 9 10 Vice Mayor 11 12 13 Mayor Pro Tern 14 15 16 Commissioner 17 18 19 Commissioner 20 TIEST: 21 22 23 ity CJerk 24 25 26 27 NT:dnt 28 :\1990\900182.BB\ORD\CPfA 02-002 (5-27-03).doc ~-'.--~ ,-'......"'-~.~-<-_.-,~"". .. -'-'~ XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI 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 D April 7, 2004 March 15,2004 (Noon.) D June I, 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) o May 18,2004 May 3, 2004 (Noon) ¿S July 20, 2004 July 5, 2004 (Noon) D Administrative ¿S Legal NATURE OF 0 Announcement D New Business AGENDA ITEM D City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements D Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Public Hearing and Legal, Ordinance - First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Connnunity Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: Renaissance Commons (DRIA 03-001) AGENT: Kim Glas-Castro, AIVP, Ruden McClosky OWNER: Compson Associates of Boynton n, LLC LOCATION: Congress A venue south of Gateway Boulevard DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRIA project from Motorola to Renaissance Connnons. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:1J¿¡~ç ~ Develop-knt ep ent Director City Manager's Signature ~r) Š~ City Attorney / Finance / Human Resources Planning and Zo Director S:\Planning\SHARED\WP\PROJECTS\Renaissance Comrnons\DRIA 03-001\Agenda Item Request Renaissance Commons 2nd readingDRIA 03-001 7-20- 04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- () / .3 I 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING ORDINANCE NO. 02-061 OF THE 4 CITY OF BOYNTON BEACH BY ADOPTING AN 5 AMENDMENT TO THE RENAISSANCE COMMONS 6 DEVELOPMENT OF REGIONAL IMPACT, FORMERLY 7 KNOWN AS THE MOTOROLA DEVELOPMENT ORDER; 8 PROVIDING FOR A SA VINGS CLAUSE, REPEALING 9 PROVISION, AND PROVIDING AN EFFECTNE DATE. 10 11 12 \VHEREAS, on October 1, 1979, MOTOROLA, INC., ("Motorola") filed a 13 Development of Regional Impact Application for Development Approval ("Application") 14 with the Treasure Coast Regional Planning Council ("TCRPC") in accordance with Section 15 380.06, Florida Statutes; and, 16 WHEREAS, Motorola proposed to develop a manufacturing development and 17 administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial 18 and Office) Development of Regional Impact on the following described real property 19 located in Palm Beach County, Florida, described in Exhibit "A". 20 \VHEREAS, the City Commission of the City of Boynton Beach approved the 21 Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and 22 subsequently amended by Ordinance 79-36, dated January 7, 1980; and 23 WHEREAS, on December 17, 2002, the City Commission approved an amended 24 DRl Development Order by Ordinance No. 02-061, requested by the then-owner of the 25 Property, Maury L. Carter & Associates, Inc., to develop a mixed residential and supporting 26 commercial use project on the vacant portion of the Property; and 27 WHEREAS, on November 11, 2003, the new owner of the Property, Compson 28 Associates of Boynton II, LLC ("Master Developer") filed a Notice of Proposed Change to 29 the Motorola Development of Regional Impact with the City of Boynton Beach, the TCRPC H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 1 >'~".',.~<~n""_.--<"''''''~ -.,,--- , -~,-<,~-~,." <-..,-,-,',-,--- 1 and the Florida Department of Community Affairs in accordance with Section 380.06, 2 Florida Statutes; and 3 WHEREAS, said Master Developer proposes to redevelop the Property with a 4 mixed-use project to complement the approved residential uses, and to rename the project as 5 "Renaissance Commons DR!; and 6 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida (hereinafter 7 City Commission), the governing body of the local government having jurisdiction, pursuant 8 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider 9 Notices of Proposed Change; and 10 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and 11 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the 12 Division of Community Affairs and the TCRPC; and 13 WHEREAS, this City Commission has on March 16,2004 and on April 7,2004, held 14 a duly noticed public hearing on the Application and has heard and considered the testimony 15 taken thereat; and 16 WHEREAS, the Treasure Coast Regional Planning Council has infonned City staff 17 that the TCRPC has no comments or issues with respect to the Application; and 18 WHEREAS, this City Commission has received and considered the report and 19 recommendations of the Technical Review Committee and the Planning and Development 20 Board of the City of Boynton Beach; and 21 WHEREAS, this City Commission has made the following FINDINGS OF FACT 22 AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 2 1 Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by , I 2 this reference. 3 Section 2. That the City Commission of the City of Boynton Beach, Florida makes the 4 following findings of fact regarding the Notice of Proposed Change submitted by Compson 5 Associates of Boynton II, LLC, the "Master Developer" related to the Renaissance Commons 6 Development of Regional Impact, fonnerly known as the Motorola Development of Regional 7 Impact, previously approved by Ordinance No. 75-19, as amended by Ordinance Nos. 79-36 8 and 02-061 : 9 FINDINGS OF FACT 10 A. The proposed development is not in an area of critical state concern 11 designated pursuant to the provisions of Section 380.05, Florida 12 Statutes; 13 B. A State Comprehensive Planning Document has been recognized by 14 the legislature as an advisory policy document for the entire State of 15 Florida, and the proposed development does not unreasonably interfere 16 with the achievement of the objective of this advisory policy 17 document; 18 C. The proposed amendment to the Development of Regional Impact 19 Order (DRI) Development Order will be consistent With the 20 corresponding amendment of the adopted comprehensive plan for the 21 City of Boynton Beach and are, or win be, consistent with the local 22 land development regulations, subject to conditions outlined herein 23 and Part ill, Land Development Regulations of the City of the Boynton 24 Beach Code of Ordinances; and H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 3 -'~-~-~~'''''''''''-' -",-,-",,,->-~' - 1 D. The proposed development will be consistent with the submitted and 2 reviewed by the Treasure Coast Regional Planning Council pursuant to 3 Section 380.06(8), Florida Statutes. 4 5 CONCLUSIONS OF LAW 6 It is hereby detennined by the City Commission of the City of Boynton Beach, 7 Florida, in a public meeting, duly constituted and assembled this 7th day of April, 2004, that 8 the Notice of Proposed Change to the Renaissance Commons Development of Regional 9 Impact submitted by the Master Developer is hereby ordered Approved, subject to the 10 following provisions of this Ordinance and the Conditions of Approval attached hereto as 11 Exhibit "C", and incorporated herein by reference. 12 I. That this amended DRI Development Order shall constitute the Development Order 13 of this Commission issued in response to the Notice of Proposed Change for the 14 Renaissance Commons DRI filed by the Master Developer. 15 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this 16 amended DRI Development Order. 17 3. The Development Order shall be amended to include the following provisions: 18 Conversion of industrial and office land use entitlements to: 19 20 1,551 multi-family residential units 21 213,000 square feet of retail use 22 247,800 square feet of office use 23 24 Master Site Development Plan Amendment No.2, as submitted to the City, a 25 copy of which is attached hereto and made a part hereof as Exhibit "B", 26 replaces and supersedes the Master Site Development Plan currently approved 27 in the Development Order. 28 29 30 31 H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 4 " 1 2 3 Establishment of a Use Conversion Matrix: 4 5 Office Multi-Family! Commercial 6 1,000 sf office ------- 2.39 du 387 sf 7 8 1 multi-family du 365 sf --------- 142 sf 9 10 1,000 sf commercial 2,582 sf 6.16 du -------- 11 12 Uses approved by the DR! Development Order may be changed pursuant to 13 the conversion factors contained in the Use Conversion Matrix, subject to 14 limitation of 30%, increase or decrease, :trom the approved use intensity, 15 without the need for modification to the DR! Development Order. Use 16 conversions shan be reported each year in the Renaissance Commons DR! 17 Annual Report. 18 19 4. That this amended DR! Development Order shan be binding upon the Developer and 20 its assignees or successors in interest. It is understood that any reference herein to any 21 governmental agency shall be construed to mean any future instrumentality which 22 may be created and designated as successor in interest to, or which otherwise 23 possesses any of the powers and duties of any referenced governmental agency in 24 existence on the effective date ofthis amended DR! Development Order. 25 5. That in any event that any portion of section of this amended DR! Development Order 26 is determined to be invalid, illegal or unconstitutional by a court of competent 27 jurisdiction, such decision shall in no manner affect the remaining portions or sections 28 of this amended DR! Development Order, which shan remain in fun force and effect. 29 6. That the approval granted by this amended DR! Development Order is conditional. 30 Such approval shall not be construed to obviate the duty of the Master Developer to 31 comply with all other applicable local or state permitting procedures. 1 Conversion to or from residential use is based on P.M. peak hour trip generation rates for apartments or townhouse/condos, whichever is the more restrictive conversion factor. H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 5 .,.~--. .,.- .. ....~ ....-~ ......~-' - ,,~ ... -"~<"""-'-~"--~- 1 7. The amendments proposed by the Master Developer do not create any additional 2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06, 3 Florida Statutes. 4 8. That this amended Development Order shall remain in effect for a period of 30 years 5 from the date of its rendition, up to and including January 7,2010, provided that this 6 effective period be extended by this Commission upon a finding of excusable delay in 7 any proposed development activity and that conditions have not changed sufficiently 8 to warrant further consideration of the development. In the event the Master 9 Developer fails to commence significant physical development within four years from 10 the date of rendition of this amended DRI Development Order, development approval 11 shall tenninate and the development shall be subject to further consideration. 12 Significant physical development shall mean site clearing and foundations for the 13 facility. 14 9. Actual development phasing will depend upon economic circumstances and Master 15 Developer's internal business growth. The proposed development as described in 16 the Notice of Proposed Change to the Renaissance Commons DRI are for planning 17 purposes only and the actual development schedule may vary therefrom. 18 10. The amended DRI Development Order set forth in Section 1 hereof shall become 19 effective upon adoption as a part of the Ordinance rezoning a portion of the subject 20 property from Planned Industrial Development (PID) and Community Commercial 21 (C-3) to Suburban Mixed Use District (SMU) and amending the land use designation 22 for a portion of the subject property from Industrial and Local Retail Commercial to 23 Development of Regional Impact (provided such date shall be extended until H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 6 1 completion of appellate procedures, if any, relating to the issuance of this amended 2 DR! Development Order. 3 11. Copies of this Ordinance incorporating the amended DR! Development Order, 4 rezoning a portion of the subject property to Suburban Mixed Use District (SMU) 5 and amending the land use designation of the subject property to Development of 6 Regional Impact shall be transmitted immediately by certified mail to the Division of 7 Community Planning, the Treasure Coast Regional Planning Council and the Master 8 Developer. 9 12. Except as otherwise amended herein, the Development Order shall remain in full 10 force and effect. 11 Section 3. That the subject Property located in the City of Boynton Beach, Florida, 12 (approximately 85.554 acres) is subject to the successful Rezoning, which is contingent on 13 the review and approval of the DRI-related Land Use Plan Amendment by the State of 14 Florida Department of Community Affairs. 15 Section 4. Except as provided herein, the Master Developer shall proceed in strict 16 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its 17 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and 18 regulations of the State of Florida Department ofEnvÎronmental Protection. 19 Section 5. That 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 23 Section 7. This ordinance shall become effective immediately upon its passage. 24 H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 7 "~'··~'-'~"'_·___~"'·-""""':_-r'·~'~"_"·_· '. ~__ 1 2 FIRST READING this k day of T'fl/zrc..h , 2004. 3 SECOND READING and FINAL PASSAGE this day of , 2004. 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 ATTEST: 21 22 23 24 City Clerk 25 H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc Page 8 EXHIBIT "A" Motorola DRI LEGAL DESCRIPTION ALL TIIAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO 1HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. ALL OF TRACTS 94 THROUGH 107, SéCTION 20, OF SUBDMSION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EA~T, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECO~t OF PALM BEACH COUNTY, FLORIDA,INCLUDING 30 FOOT STRIP LOCATED IN SECTIO 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE soum BY BOYNTON CANAL AND ON THE NORm BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS~ ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM CANAL C-16 NORm TO THE NORm LINES OF LOTS 102 AND 107 EXTENDED OF SUBDMSION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94,95 AND 103 THROUGH 107 ON THE WEST IN SAID SUBDIVISION. i ALSO, ALL LANDS, INCLUDING LAKE BOITOM OF LAKE JACKSON AND LANDS DESIGNATED "SAND BEACH" OR ''LOW MUCK" OR OTHERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTII DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING TIIA T PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND' 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT TIlEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WInCH LIES WITIßN 50 FEET OF THE WEST LINE OF SAID SECTION 20. ALSO, ALL TIlAT PART OF THE SW ~ OF SECTION 17 AND THE NW ~OF SECTION 20, TOWNSHIP 45 SOUlH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTH OF TIiE SOUTIIERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA, AND NORlH· OF THE SUBDMSION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUlH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS A VENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF- WAY LINE OF THE LAKE WORlH DRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT -OF- WAY OF CONGRESS A VENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL. 10 WPB:166567:2 -,~"---~-~~~-.>-,-~,~. --' . --~><.-' -._',,,-~." ._--- ",..'=O~> "",.,~ __" ~'~._' , I --,::.::-..::::=.--.---.- WZViŸš" i i I lOG ::::.:.=::.=.... ~=.:.ã! ZI8n0V'4 t, . , t -.-J I L 10001 GATEWAY ~eOULeVA~O ~WJ 1H8 r~ð ~i ~ . §~U . I.S at I 0 0 ~ , ..I @ II ..I ~ I z :ii ~ ~- . 0 0 Z - ~~ - ... N - ij ..I ~ ::> o - iii aJ i~ . > . ~ II = - - CO ~ CO ÞOOO4 1 , = ; ÞOOO4 4J ~ Z 0 rõIiI o I -~ l- S? - I! - IWJ @r ~ ! ë I- ... - ~ì fO - -f I . 0 II (0 1,0001 ... ~ ~ ~ ~ ~;i 0 ~i :t I- ~ iä ~I 0 I ~ II Iii ~ ~ ~ I ... ~ -' ~ B i - I ~ I -;¡ BOYNTON CANAL <>16 ~; ; i j ~ ~Jn ~ ~ DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: February 17, 2004 (Amended) March 23, 2004 SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast corner of Gateway Boulevard and Congress Avenue (See attached Exhibit "A" - Location Map). The applicant, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7,1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (see attached Exhibit "B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has verbally expressed little concern over this NOPC, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002, and that they do not intend to formally respond in writing. The adopting Ordinance has been amended and updated to reflect that the TCRPC has no comments on NOPC #2 and that a written response will not be . ---........~~,~,"" . "'4_"_'~..~~"<--_"· - ,-~ -. . Motorola - DRIA 03-001IMPMD 03-002 Memorandum No. PZ 04-042 forthcoming. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion matrix which allows up to a thirty (30)% change in intensity, while remaining within the approved average daily trips (ADT) and peak hour trips approved with the original DR/. A letter from the Florida Department of Transportation (FDOT) was forwarded to the TCRPC delineating their concerns with the traffic methodology utilized by the applicant. These issues are discussed below in the section entitled "Regional Impacts" . The traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As of this staff report, FDOT has not had ample time to respond to the new data. Additionally, several conversations have been conducted with DCA. They have indicated that they have no objection to the proposed change, but will subsequently be reviewing the associated Comprehensive Plan amendments for consistency, once received. The City's land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DR/. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Motorola DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptuat Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27,2004. ANALYSIS Notice of Pro DOsed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRlls a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that one of theaiteria apply to the proposed changes to the Motorola DRI. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19}(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" . Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multl-use development of regional Impact which was originally approved with more than three uses specified In 380.0651(3)(c), (d), (f) and (g) and residential use. 2 Motorola - DRIA 03-OO1/MPMD 03-002 Memorandum No. PZ 04-042 As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). Amendment #2 involves changes to all of the use categories approved in Amendment #1: residential. commercial. office. and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1.001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour trips than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions·. These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue Corridor, wrapping around the comer along the Gateway Boulevard corridor and southward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The seconq is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. 3 .".._.._..~,_H_',',_,___,__~~~.~~·_-_,"',,__·· - Motorola - DRIA 03-0011MPMD 03-002 Memorandum No. PZ 04-042 Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 average daily trips and 1,634 peak hour trips) resulting from the requested land use changes. The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County formally responded to the study in writing, indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was insufficient in the areas of trip distribution, calculation of pass-by trip reduction, clarification of the residential component of the conversion matrix and intersection & driveway analyses. The applicant's traffic consultant has prepared the information and gathered the data requested by FDOT and forwarded it to each review body. All agencies will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The traffic study methodology is a local concern as well. Palm Beach County has determined there are no additional local impacts associated with NOPC #2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI Is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit -E" - Conditions of Approval. 4 Motorola - DRIA 03·001/MPMD 03-002 Memorandum No. PZ 04-042 Drainaae - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the citý and local drainage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The City's Forester/Environmentalist indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City is in receipt of the Final Report from the FFWCC indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrency - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning DMsion. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal G-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatibility with City Policies In order for the proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan poliCies in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and ItS policies provide the basis for approval of mixed use development In the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mlxed-use projects In locations which are appropriate, and utilize other Innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that 5 -~.----.......~......_~--. . . '..' ..-___yk'"__'''__~ '. ,_ ,',_ '_' __, L__"3~""'''''','''''''~~'' ,___~~>~,__.~_' _ "" "._.__.~___ .'~ ~ Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for re-deslgnatlon of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for Industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations If the conversion (I) would generate a range of employment choices for current and future residents, provide goods and services of regional Importance, or would provide opportunities for the City to meet Its long-range housing goals; and (II) Is based upon adequate data Including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit MEM - Conditions of Approval). Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Palm Beach County Traffic Engineering has already determined NOPC #2 would comply with the Traffic Performance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be addressed in the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of any traffIC Issues will be required to be resolved before any permits will be issued. Therefore. staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit . ME-. Regarding the proposed modifications to the Motorola Master Plan staff recommends approval sUbject to the Conditions of Approval attached in Exhibit ME-. 6 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 S:\PlANNING\SffAREO\WP\PROJ~lssanœ Conrnons (fica MOTOROLA) DRIIORI\STAFF REPORT DRIA 03-001.DOC $ 7 ~.__,,'7___________·-ß_~"·~~~-· . . ; EXHIBIT -9" TYPE OF LAND ~GE PROPOSED ORIGINAL PREVIOUS USE CATEGORY PLAN PLAN . D.O. CHANGE & DATE OF' CHANGE . AttracßonIRecreation # Parking Spaces NA # Spectators. # Seats . . . Site locational '. changes Acreage, including . drainage, ROW, easements, etc. BxtemaI Vehkle . - Trips . D.O. Conditions . . ADA Re¡)resentatioDS AiIports RunWay (leDgth) NA Runway (strength) TenniriaJ (gross square feet) . # ParIdng Spaces # Oates Apron Area (gross square feet) WPB:164987:3 EXHIBIT Me" " f Site locatioi1al ¡ changes -- . . Aùpori Acreage, in~luding , " drainage, ROW, easements-, etc. , " . # External Vehicle Trips" . NA AirportS (cont) D.O. Conditi4 /mS ! ADA I representations # Beds NA - - # Parking ~pa~ - Building (gross ~quare feet) Site locational , "} chariges Acreage, Including drainage, ROW, Hospitals eâSements, etC. " Bxtemal Vehicle Trips " . D.O. conditions -. ADA representations \ wPB:16498713 EXHtB\T "B" Acreage, o acres 10.3 acres "" including "87 acres (Ord. 02-061) " drainage, ROW, .2117/02 easements, etc. " # Parking sPaces o s.f. .. Building (gross .. could be 128,000 s.f. introduced into " 850,000 s.£. (Ord~ 02-061) square feet} mfxed-uso 12117/02 " Industrial" devël~ via - qtI1I7.RtIon ofUIO" Convenion Matrix # "Employees chemical storage (b81Te1s and pounds) " Site locational " cbànges " # External vehicle "~ps" , " Industrial (cont.) D.O. Conditio~ ADA Mixed-Use Industrial Multiple Use representations Project Park Project Mining Operations Acreage mined (year) Water withdrawal " (gaJ/day) Size of mine (acres), including NA drainage, ROW, easements, etc. Site locational changes, WPB:164987:3 , EXH'lBfT -8·' # External vehicle ' . i " ; . trips , , D.O. Conditions ADA . , representations Acreage, including 41.24 acres of o acres ' 29.0 ~s ' ~ge, R;:, mixed-use (Ord.02-061) easements, . . 12/17/02' I Building (grbss '247,800 s.f. o s.t: · ' 450,000 i.f. square feet) , (Ord. 02-0(1) , ' 12117/02 Office 1# Parking ~paces . . 1# Employees Site locaûonal èhanges r # BXtemal vehicle trips D.O. Conditions , , · ~tted ' . ' . Office (cont.) ADA representations . use within industrial use PetroleumlChemicál Storage'Capacity Storage (barrels and/or ' pounds) , , Distance to ' Navigable Waters (feet) : Site locations changes . ) wPB:164987:3 EXHIBIT -8...· Facility Acreage, including NA drainage, ROW, easements, etc. . # External vèhicle . trips D.O. Conditions ADA representations ,- ## Boats, wet NA storage # Boats, dry storage· Dredge and fill (cu. yds.) Petroleum storage .~ ... (gals.) .. Site locational changes ·Ports (Marinas). Port Acreage, including drainage, ROW,· easements, etc. II: External vehicle trips D.O. Conditions , . . ADA , representations. WPB:164987:3 EXHIBIT n·B" . . 500 MF du'·s { ; # Dwelling ~ 1551 MF du's 0 (Ord.02-061) 1211"7/02 Type of dwelling Multi-fåmi1y Multi-family NA . . (Otd. 02~061) units 12117102 # ollots· Residential Acreage, ./ . 33 BCJeS including 45.74 acres 0 (~ 02-061) . drainage, ROpr, 12117/02 easements, "~. Site locational changes # Bxtemal vehicle trips I?O. Conditions· ') Acreage, 41.24 acres of " 29.0 aéres inclUding o acres (Ord.02-961) drainage, ROW, mixed:'use "" 12117/02 easements, etc. ". Floor Space 63~500 s.t; (gross square 213,000 s.f. o s.t: (Ord. 02M>I) feet) 12117/02 # Parking Spaces Wholesale, Retail, 1# Employees Service " " ", Site locational I c~ges , " I ~~ Veh!crel I D.O. Conditions ,. ADA representations " ) - WPB:164987t3 " EXHIBIT -8- ". -. # R~ta1 Units Floor space (gross square , feet) # Parking Places # Employees Site locational aotellMotel èhanges ." Acreage, . , including NA " drainage, ROW, easements, etc. #I External vehicle " trips D.O. Conditions " . \ ADA repres~ons Acreage, including ~A drainage, ROW, easements, etc. # Partdng Spaces BUildings (gro~. " sC¡uare feet) R.V. Park # Employeès Site loœtional . changes . . - . #- External vehicle ~ps D.O. conditions ADA ! representations WP8:164987:3 EXHtBIT -a" t " .A~e NA . . Site locatioñal . . Open Space (All changes . naturaJ and vegetated Type of open ' . . non~impervious sp~ce - . suñaces) ..~._.._......... ........:...... _. .. D.O. Conditions ADA . . representatiói is Acreage NA Site locationåI changes Preservation, ¡3uffer or . . Special. Protection Devel9pmebt 0' . Areas site propòsCd D.O. Con~tions . I I . . - .- ) ADA representations i / WPB:164987:3 ¡ l -:iXHNMT· "C" \ ; 'NfAS11!ft PlAN":'ÀOA'1'010 :- <.. eD· ~ - "" '-- I CONCEPTUAL MASTER PLAN PHASE I LEGEND o _.1._110.. C."t etø"nc.-. I..,.. . ; \ . N: w. U Av..... ~ ' ~ I i @ \ i ii .; '-"\1 ! ; I j. ! ,i 1:/ @ @ )1 ~. ¡ :. 1.1 r i!: U· d j' ..J. ----I Are. @ @ _J- ~ , ... n, 0 U-D.D. Boynton Can8I --. , . - .. ®~~R~~A OevElOPMENT OF REGIONAL IMPACT MAP H-1 HURY & HIIRY POST. .~\I,.....IOAN SHEET 11-13 _0__- CllClIUUAN. II'ILI.ACY. & MIIYIR -- 'b i l, j .~ flltAN-AÐA , ®. ,M - '00 '-- . CONCEPTUAL MASTER:PLAN PHASE III LEGEND () _. L...d u.. , '--/ c...,.. Ct.u.iftc:a...... L..'II" . -- ~/ "- No W. 22 Av..... , - . 11 @- . ~ . . P1M'ttln9 @> ! .' : : i ! ... , - -¡"; -·H - ®~~~~~ DEVELOPMENT OF ReGIONAL IMPACT MAP H-3 "HAY &"IIRY lQST.~Ø;"II'INIQAN SHEET 11-16 ~~""i"aiŸÈA -- t i i·XHJ8tT"C·' ; ø· ,. oco ,... " 1.0.- , CONCEPTUAL MASTER PLAN PHASE II LEGEND o FIonda \....4 U.. " CO"... Ç'....If\C.t\Oft S.,.-t..n, t.."... U J . "- No W. 22 Av_ . .,. I ; Perking '@> ~ Recreational <§ ~. @ '" - \..LJ)J). Boynton Canal i - ®~O~~R~~A DevELOPME~T OF REGIONAL IMPACT MAP H-2 HEEAY , HEIRY POST. BUCKL"'~'¡'JERt4IGAN SHEET 11-14 ...~................................. 0tG1U'-1AH. SPElJ.JCt. , M!'rEA --- . MOTOROLA (DRIA 03-001) EXHIBIT "An Location Map C3 C3 0 ~ -- " .. . ...... w~, s . "'_~.':____""<"""~"~r"'~"_'___~'_ "~....-.,--,,.-,_.-~------'" . EXHIBIT "0" I .~ np~ ~ ~ . Ii"· )~ I ¡ 8 m -- ! ~ mö i s:: !:ò ruH ru - o ...... ~ Ii 00 fi ;11 rt<: ~ (I) ~. i rt(/) g! .....rt .....(1) .....0. rtH\ .....0 m Ii ... 100 01 I PI.... lien (OW ,þ. i I ~'t1 þJ(I) .....ØI ; ~ t-'X" þJ::r 0'0 t-'s:: (0 Ii .. grt" ~ ~ p,11 .... g 3 ;~'O g ....00 I ~ . . (1) ru Ii I~ 0 <: ..... 0- ~~ () p., tr ~ rt ~ ::r () ÐI I ru ! I ru Ii 0 e 'tj Ii .... PI I¡¡Sii IT 2m T9 (1) PI ~~~ I.Q t Å'tMa.L'VÐ (1) ~ 2m a~'V^a,noe I ,- 0 zffi .... I (1) i tJ) ~ ~ I ... MOURIZ iilW-=- __ _... I SALl\ZAR -- NA$IBI~pUH ~A&SOaA'IEIIICFIICT/I'II'OI"lLC ARŒlTECTS II; PlANNERS ~~.~~-==,....ru-...I:IÞ:~~~ It A . .. = -_.,.,-,_..~".,.,.- ..- ..'--- ......-,. .", -"" - ,-.,.-.'-' , EXHIBIT "0" " I ~ IIU~ J -" , - ! aö I ø ; m :~ I :H ,~ 1-'- I U1 < f.- ro i ê ¡II "m ;.- . .n- i · ro ! .0. 39 · · HI ;!I 0 t1 , -' I ()) .- , 'W oÞ +-Iml 1'0 I ro I I .. PI .A ;;oç' , 'f p' ; ~ j 0 ) P ! Ii L ~ c1" iI~ t1 1-'" " 'U · fJ1 · · ;; : ~ i~~ " I ~ : § I e ~Ii ~ ~ ~ ~"<-< ßHt I I %1 -. :t ~ Ir (... MOUAlZ po:-. -....-... I II SALAZAR ..- W$!R~fII,NI ~~_cP_CII"w) ARCHfTtCIS & PlAtfÆRS ~~~~.tr'_~~:u:.\I!1,1'~"-' !!l . -,' _~. '___. _",-u' ,__, .'~ --" EXHIBIT "0" ~"O ~"O "'1nz~o-ø o-ø::I: "'::I: OC:o ;I: o-ø> "'> :<:I~"" > ~~ :<:let> ~zg~~ Oto tij;::: <- >¡:! et>< to::: en :<:I!Ç" 0 ö' ¡;j...:>z z ~ :<:Itn<:>(ì ~ o-ø c: "'to en ~!118n o-ø tn ~-o ð :>:1 - ~ ... ~ ~ ~ b a- en ö ~ '" tI> <:> "" è -.J -- ~.:. ,.::/ \.~~í~Gãõt.~""L ö::>:1 ng <is» o(ïi' -a'" a~ gn -() '"do r§ "'0 t:S '" ...........-.. >"Ø ~~~I~;~ "":I: "'~ ~~ ~9~ g~tn ~~ ()!11 ~fIl< -<tn!%!O-< ~.. ~ -ª~tn<:>n ~ !11C"'to '" ~~~~i~ <:> w Ò <:> ..., '"t°6~ o en ?:' 0 cn ~ VJ¡;:: ~ ~~ ¡;;...¡ -!:J ¡... ~s: qz ~5 ~ . > I ~~ I ; II nq:1 , Renaissance Commons 1''''1 Þ Master Plan U!;·~ I ,. - >~ f,r, BopI/o" Broch. F/iJI'iJ" :=> z!:J .,,1 Compson Associates %: BOI'ntoll II, LLc Uuä .: BocII RUIUlI, '/ð,.últÍ IM......_ _..--.... M..... _ ...." _...... ............. ...... __......, 10 ., _ - - lie _ - -........ - -..--.... EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (flea Motorola) DRIA File number: DRIA 03-00 I Reference: 2nd review plans identified as a Development of Regional Impact Amendment Master Plan with a January 27, 2004 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X an utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide specific justification for the high values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the X site exhibits an increase trom the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3. T. BUILDING DIVISION .,~-.--.'-' Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Connnents: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING , Comments: 5. Provide a letter rrom the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building pefQ1Ìts. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NO PC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional Impact (DRI) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X , ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Renaissance Coi'nmons\DRlA 03-00 IfMPMD 03-002\COA.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.3 AGENDA ITEM REQUEST FOAA. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office c=J April7,2004 March 15, 2004 (Noon.) c=J June I, 2004 May 17,2004 (Noon) c=J April 20, 2004 April 5, 2004 (Noon) c=J June 15, 2004 May 31, 2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) U July 6, 2004 June 14,2004 (Noon) 0 (") ('")- 4..- _-1 C-. -1-< c=J May 18, 2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) c:: --<0 ;(f:: " -." , [:;.; OJ \0 ·0 3'-< c=J Administrative [g Legal -0 -~ :;z: ::Jt: (rJ -f NATURE OF c=J Announcement c=J New Business 0 S> Q~ -r-r AGENDA ITEM c=J City Manager's Report c=J Presentation CJ1 -., OJ (SiT) c=J c=J CO . J> Consent Agenda Public Hearing ¡-., (") :z: c=J Code compliance/Legal Settlements c=J Unfinished Business RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing, and Legal, Ordinance - First Reading on March 16, 2004. The corresponding item has returned fÌom the Florida Department of Conununity Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-035. EXPLANATION: PROJECT: Renaissance Commons (LUAR 03-009) AGENT: Kim Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress A venue and Gateway Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map fÌom Industrial (I) and Local Retail Conunercial (LRC) to Development of Regional Impact (DRI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ILL.) 7~/ ~ Planning ànd Zo . ector City Attorney / Finance / Human Resources S,lPlæmm.\SHARED\WPlPROJECTS\Rm,;_, C~.\LUAR 03-OO9\A""d, '''''' R",.~, ",",",,"œ C~. 2nd """.. """'" w:x ~ ~M~ Ð S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 3 \0' "'.... DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-035 TO: Chairman and Members Planning and Development Board FROM: and Otv::;;¡¡¡;n Dick Hu CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 PROJECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional Impact (DRI) / LUAR 03-009 REQUEST: To reclassify the property from Local Retail Commercial (LRC) and Industrial (I) to Development of Regional Impact (DRI) and to rezone from PID Planned Industrial Development and C-3 Community Commercial to SMU Suburban Mixed Use PROJECT DESCRIPTION Property Owner: Compson Associates of Boynton II, LLC Applicant! Agent: Ruden McClosky/Kim Glas-Castro, AICP Location: Southeast corner of Congress Avenue and Gateway Boulevard (see Exhibit "A'') Project Size ±86.98 acres Existing Land Use: Local Retail Commercial and Industrial Existing Zoning: PID Planned Industrial Development and C-3 Community Commercial Proposed Land Use: Development of Regional Impact (DRI) Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed Use Development Page 2 File Number: LUAR 03-009 Renaissance Commons (tka Motorola DR!) Adjacent Uses: North: Right-of-way of Gateway Boulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South : Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (MEDR) and zoned R-1- AA Single Family Residential. East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Industrial (I) and zoned PID Planned Industrial Development (Quantum Park). West: Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. An exception to that rule is in the case of a Development of Regional Impact (DR!) where the law permits amendments to be adopted without being subject to the twice-yearly restrictions. 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 DR! 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. The subject request would designate the entire 86.98 acres as Development of Regional Impact (DRI), a new future land use designation being adopted through a companion Comprehensive Plan text amendment (CPTA 03-001) and rezone the property to SMU-Suburban Mixed Use, a new zoning district also being reviewed concurrently. Page 3 File Number: LUAR 03-009 Renaissance Commons (tka Motorola DR!) 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hUfficane 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 property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable objectives and policies from the comprehensive plan are cited below. Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed use projects that will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for redesignation of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy 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. ---,~----.--~,._.,-_.,~-~-~'-~- --- ...'----" Page 4 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DRI) 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 land use amendment and rezoning would create a district which might, on first examination, seem to be isolated; however, because of the uses allowed by both the land use designation and the land development regulations, the district would relate to the adjacent properties. c. Whether changed or changing conditions make the proposed rezoning desirable. There are several conditions that have changed since the DRI, consisting of ±86.98 acres, was approved in 1979. The project was originally expected to develop at buildout with a total of 825,000 square feet of industrial, research and development, and office uses. Even as planned, this was an extremely inefficient use of land, with a floor area ratio (FAR) of 0.22, compared to the maximum 0.50 FAR now permitted in the Industrial land use category. The 2002 conversion of a portion of the property to allow for mixed use development was the first step; however, approximately half of the property remained with an Industrial land use and Planned Industrial Development zoning. The current proposal to give the entire parcel a single land use designation and single zoning district will allow for a greater integration of uses and a more innovative design for the entire property. (See item ''f' below for further explanation.) d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. As a part of the approval for the original DRI in 1979, the development became vested for 13,020 daily trips and 1,634 peak hour trips. Even though the types of development on the site are proposed to change; however, since the trip generation will remain at the originally approved level, there is no additional impact anticipated on the roadway system. Water and sewer demands have been evaluated and are projected to increase from 295,742.5 gallons per day to 734,436 gallons per day. It has been determined that the demands can be served by the existing capacities at the Otýs water and sewer treatment plants. Through a land use amendment and rezoning in 2002, the property was approved for the development of 500 multi-family residential units. The proposed increase in the number of residential units to 1,551 residential units requires approval by the Palm Beach County School District. This increase will also require the payment of additional recreation impact fees. 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 would be compatible with the Quantum PID uses to the east of the property, and with the C-3 Community Commercial uses on 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 Page 5 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DR!) from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. f. Whether the property is physically and economically developable under the exisUng zoning. Approximately 49.69 acres of the property, currently designated Industrial, is developed with 625,000 square feet of industrial space, including ancillary office and storage. The specialized nature of the existing buildings limits their potential adaptability for other industrial uses, including other desirable light industrial uses. The demand in recent years has been focused on warehousing and distribution; however, after a relatively long period of high construction activity, the local industrial markets have been negatively affected by the economic downturn. Given the overall market conditions, it may be cost prohibitive to wait out the period of time required to locate industrial uses that would be a suitable match for this unique type and size of space. The remaining 35.86 acres is designated Local Retail Commercial and is approved for development of 63,500 square feet of commercial uses and 500 multi-family residential units. 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 size of the property lends itself to a large mixed-use project. The proposed rezoning to a single mixed-use district will allow for master planning a development that integrates uses and shares infrastructure, as opposed to the subdivision of the property into a number of single-use parcels. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already aI/owed. There are no sites outside the downtown redevelopment districts that penn it a truly integrated mixed use development of the type allowed under the SMU district regulations. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the request to reclassify the subject property to Development of Regional Impact (DR!) and to rezone the property to SMU - Suburban Mixed Use be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Plannlng\SHARED\wp\PROJECTS\RenaIssanœ Commons\LUAR 03-oo9\STAfF REPORT NEW.doc - --,.~- -<'.,---- -,'_._-~--"~-<.~_..,.....-,'--.' . _,. .,n, ~__~__'. 1 ORDINANCE NO. 04- Ò 11 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 LOCATED AT THE SOUTHEAST CORNER OF 6 CONGRESS A VENUE AND GATEWAY 7 BOULEV ARD· (RENAISSANCE COMMONS); 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE RITURE LAND USE ELEMENT OF THE 10 COMPREHENSIVE PLAN OF THE CITY FOR THE 11 PROPERTY MORE P ARTICULARL Y DESCRffiED 12 HEREIN; THE LAND USE DESIGNATION IS BEING 13 CHANGED FROM LOCAL RETAIL COM1vŒRCIAL 14 (LRC) AND INDUSTRIAL (I) TO DEVELOPMENT OF 15 REGIONAL IMPACT (DRI); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 17 DATE. 18 19 'VHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 se Element by Ordinance No. 89-38 in accordance with the Local Government 22 omprehensive Planning Act; and ~ 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 omprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 25 d 26 WHEREAS, after public hearing and study, the City Commission deems it in the 27 est interest of the inhabitants of said City to amend the aforesaid Element of the 28 omprehensive Plan as adopted by the City herein. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION QF 30 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1: The foregoing WHEREAS clauses are true and correct and 32 incorporated herein by this reference. S:\CA\Ordinances\Planning\Land Use\Renaissance Commons. doc I r I 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 ollowing: 3 That the Future Land Use of the following described land shall be designated as 4 evelopment of Regional Impact (DRI)). Said land is more particularly described as 5 6 THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL 7 EVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 8 OOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. 9 10 OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDNISION OF SECTIONS 11 9 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, 12 ECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM 13 EACH COUNTY, FLORIDA, JNCLUDJNG 30 FOOT STRIP LOCATED IN SECTION 14 0, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY 15 OYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE 16 UBDNISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 17 CCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, 18 ALM BEACH COUNTY RECORDS, ALSO JNCLUDING 30 FOOT STRIP SHOWN AS 19 OAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES 20 F LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, 21 CORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM 22 EACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST 23 ND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID SUBDNISION. 24 25 SO, ALL LANDS, INCLUDING LAKE BOTIOM OF LAKE JACKSON AND LANDS 26 ESIGNA TED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING 27 ETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF- 28 A Y OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, 29 XCEPTJNG THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107, 30 ECTION 20, SUBDNISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, 31 ANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 32 OOK 7, PAGE 20, PALM BEACH COUNTY PUBliC RECORDS WHICH LIES 33 ITlllN 50 FEET OF THE WEST LINE OF SAID SECTION 20. 34 35 SO, ALL THAT PART OF THE S'V % OF SECTION 17 AND THE NW % OF 36 ECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 37 ORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 38 2ND A VENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF 39 PUBliC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH OF 40 HE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 S:\CA\Ordinances\Planning\Land Use\Renaissance Commons.doc -,-_.<-,~~,"----..~'"~--......'_..-..¿-~-,--~ -<, ,-"~.~,,.-->~- .' ---_.- , 1 AST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, AND 2 AST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS A VENUE AND 3 ST OF THE WESTERLY LINE OF RIGHT -OF- WAY LINE OF THE LAKE WORTH 4 RAINAGE DISTRICT EQUALIZING CANAL E-4. 5 6 XCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF- 7 A Y OF CONGRESS A VENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING 8 ANAL E-4 AND RIGHT-OF- WAY OF CANAL C-16 FORMERLY BOYNTON CANAL 9 10 Section 2: That any maps adopted in accordance with the Future Land Use Element 11 hall be amended accordingly. 12 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby 13 epealed. 14 Section 4: Should any section or provision of this Ordinance or any portion thereof 15 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect 16 he remainder of this Ordinance-. 17 Section 5: This Ordinance shall take effect on adoption, subject to the review, 18 hallenge, or appeal provisions provided by the Florida Local Government Comprehensive 19 lanning and Land Development Regulation Act. No party shall be vested of any right by 20 irtue of the adoption of this Ordinance until all statutory required review is complete and all 21 egal challenges, including appeals, are exhausted. In the event that the effective date is 22 stablished by state law or special aCt, the provisions of state act shall control. 23 FIRST READING this Ä day of ~, 2004. 24 :\CA\Ordinances\Planning\Land Use\Renaissance Commons.doc ! r I ·1 ! ¡ 1 SECOND, FINAL READJNG 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 TrEST: 19 20 21 ity Clerk 22 23 Corporate Seal) 24 :\CA\Ordinances\P1anning\Land Use\Renaissance Commons.doc ._....J~- n_ i r J Ji' ",",' Of.... Iff' 7' '," . _'._....._....~..-<-:"',_,='o'"....._~<'......__~4-<~_.,_'," __~..'_' _.__.~ .-. XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.4 AGENDA ITEM REQUEST FORNI Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetißl!: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J Apri17,2004 March 15,2004 (Noon.) c=J June 1,2004 May 17, 2004 (Noon) c=J Apri120,2004 April 5, 2004 (Noon) c=J June 15, 2004 May 31, 2004 (Noon) c=J May 4, 2004 April 19, 2004 (Noon) ] July 6, 2004 June 14,2004 (Noon) c=J May 18,2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) 0 0 O-i .¡:- -i-< C- -<0 c=J [g <= (j""T1 Administrative Legal z ;CD c=J c=J - fTlo NATURE OF Announcement New Business 0 :::0-< ::x: AGENDA ITEM c=J City Manager's Report c=J Presentation .z -0 u>c: :x c=J Consent Agenda c=J Public Hearing O:z:: .r:- ""CD c=J c=J .. ::!fTt Code compliance/Legal Settlements Unfmished Business I"V ("')3> 0 íTlC') :x: RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance - First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Community Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-035. EXPLANATION: PROJECT: Renaissance Commons (LUAR 03-009) AGENT: Kim Glas-Castro, AICP, Ruden McClosky OWNER: Compson Associates of Boynton II, LLC LOCATION: Southeast comer of Congress A venue and Gateway Boulevard DESCRIPTION: Request to rezone from Planned Industrial Development (pm) and C-3 Community Commercial to Suburban Mixed Use (SMU). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNA~ NfA ~Me ' . l}þ¡f Dev m t artment Dlfector -h-,C) ~~ Planning and Zoning lfector City Attorney / Finance / Human Resources ~ S,IPbmn...."'HARED\WP\PROJECTS\R<n';_e C~'\LUAR 03"",,^"""'" ''''''' ""'''''' Rm';'~œ C~, 2nd _"g~ LU~ ~ 0097-6-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 3 "'\ /~ A) DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-035 TO: Chairman and Members Planning and Development Board and aty::;;¡¡¡¡.;.n FROM: Dick Hu CP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 9, 2004 PROJECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional Impact (DR!) / LUAR 03-009 REQUEST: To reclassify the property from Local Retail Commercial (LRC) and Industrial (I) to Development of Regional Impact (DR!) and to rezone from PID Planned Industrial Development and C-3 Community Commercial to SMU Suburban Mixed Use PROJECT DESCRIPnON Property Owner: Compson Associates of Boynton II, LLC Applicant! Agent: Ruden McClosky/Kim Glas-Castro, AICP Location: Southeast corner of Congress Avenue and Gateway Boulevard (see Exhibit "A") Project Size ±86.98 acres Existing Land Use: Local Retail Commercial and Industrial Existing Zoning: PID Planned Industrial Development and C-3 Community Commercial Proposed Land Use: Development of Regional Impact (DR!) Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed Use Development ~'.~....~,.---.... :-' .. _C'~~'4_' ____n. --~,_ ---"""-~-,--,,'-'<--'''''''-~',<_... Page 2 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DRI) Adjacent Uses: North: Right-of-way of Gateway Boulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (MEDR) and zoned R-1- M Single Family Residential. East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Industrial (I) and zoned PID Planned Industrial Development (Quantum Park). West: Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. An exception to that rule is in the case of a Development of Regional Impact (DR!) where the law permits amendments to be adopted without being subject to the twice-yearly restrictions. 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 DR! 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. The subject request would designate the entire 86.98 acres as Development of Regional Impact (DR!), a new future land use designation being adopted through a companion Comprehensive Plan text amendment (CPTA 03-001) and rezone the property to SMU-Suburban Mixed Use, a new zoning district also being reviewed concurrently. Page 3 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DR!) 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. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be 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 property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable objectives and policies from the comprehensive plan are cited below. Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development. " City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed use projects that will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for redesignation of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the Oty to meet its long-range housing goals; and (ii) is based upon adequate data including market. analysis. " The proposed development for the site is consistent with the cited policy 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. ß~~'___ '---="-~'~" ~~,___~" ~"~ _·<o_"_,_~_,~.. ~_...."",~~,',~'. ""_~~'___ ,~._;-,..- -'~ Page 4 File Number: LUAR 03-009 Renaissance Commons (fka Motorola DR!) b. Whether the proposed rezoning would be contrary to the established land use pattemI 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 land use amendment and rezoning would create a district which might, on first examination, seem to be isolated; however, because of the uses allowed by both the land use designation and the land development regulations, the district would relate to the adjacent properties. c. Whether changed or changing conditions make the proposed rezoning desirable. There are several conditions that have changed since the DRI, consisting of ±86.98 acres, was approved in 1979. The project was originally expected to develop at buildout with a total of 825,000 square feet of industrial, research and development, and office uses. Even as planned, this was an extremely inefficient use of land, with a floor area ratio (FAR) of 0.22, compared to the maximum 0.50 FAR now permitted in the Industrial land use category. The 2002 conversion of a portion of the property to allow for mixed use development was the first step; however, approximately half of the property remained with an Industrial land use and Planned Industrial Development zoning. The current proposal to give the entire parcel a single land use designation and single zoning district will allow for a greater integration of uses and a more innovative design for the entire property. (See item "f' below for further explanation.) d. Whether the proposed use would be compatible with utility system~ roadwaYSI and other public facilities. As a part of the approval for the original DRI in 1979, the development became vested for 13,020 daily trips and 1,634 peak hour trips. Even though the types of development on the site are proposed to change; however, since the trip generation will remain at the originally approved level, there is no additional impact anticipated on the roadway system. Water and sewer demands have been evaluated and are projected to increase from 295,742.5 gallons per day to 734,436 gallons per day. It has been determined that the demands can be served by the existing capacities at the City's water and sewer treatment plants. Through a land use amendment and rezoning in 2002, the property was approved for the development of 500 multi-family residential units. The proposed increase in the number of residential units to 1,551 residential units requires approval by the Palm Beach County School District. This increase will also require the payment of additional recreation impact fees. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertie~ or would affect the property values of adjacent or nearby properties. The proposed rezoning would be compatible with the Quantum PID uses to the east of the property, and with the C-3 Community Commercial uses on 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 Page 5 File Number: LUAR 03·009 Renaissance Commons (fka Motorola DR!) from the perimeter of the property. Additionally, the property is separated from adjacent properties by roadways or canals. f. Whether the property is physically and economically developable under the existing zoning. Approximately 49.69 acres of the property, currently designated Industrial, is developed with 625,000 square feet of industrial space, including ancillary office and storage. The specialized nature of the existing buildings limits their potential adaptability for other industrial uses, including other desirable light industrial uses. The demand in recent years has been focused on warehousing and distribution; however, after a relatively long period of high construction activity, the local industrial markets have been negatively affected by the economic downturn. Given the overall market conditions, it may be cost prohibitive to wait out the period of time required to locate industrial uses that would be a suitable match for this unique type and size of space. The remaining 35.86 acres is designated Local Retail Commercial and is approved for development of 63,500 square feet of commercial uses and 500 multi-family residential units. 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 size of the property lends itself to a large mixed-use project. The proposed rezoning to a single mixed-use district will allow for master planning a development that integrates uses and shares infrastructure, as opposed to the subdivision of the property into a number of single-use parcels. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are no sites outside the downtown redevelopment districts that permit a truly integrated mixed use development of the type allowed under the SMU district regulations. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the request to reclassify the subject property to Development of Regional Impact (DR!) and to rezone the property to SMU - Suburban Mixed Use be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\PIanning\SHARED\WP\PROJECTS\RenaIssanœ Commons\lUAR OJ-Ð09\STAFF REPORT NEW.doc .,.-......-......-- II. -- '.y- ,... ~~ -. -,=~',-----',- . '~__..._.'''''~___, ,~_ 'or___'...·___v___ '. _,__ ~ ,__,~ _·._'_..'_~_~'.o.', _' , 1 ORDJNANCE NO. 04- O/S- 2 AN ORDJNANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 COMPSON ASSOCIATES OF BOYNTON II, 6 LLC, AMENDING ORDJNANCE 02-013 OF 7 SAID CITY BY REZONING A PARCEL OF 8 LAND MORE P ARTICULARL Y 9 DESCRIBED HEREIN, FROM PID 10 PLANNED INDUSTRIAL DEVELOPMENT 11 AND C-3 COMMUNITY COMMERCIAL TO 12 SMU (SUBURBAN MIXED USE); 13 PROVIDING FOR CONFLICTS, 14 SEVERABILITY AND AN EFFECTIVE 15 DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 19 ity; and 20 WHEREAS, Compson Associates of Boynton II, LLC, owners of the 21 roperty more particularly described hereinafter, has heretofore filed a Petition, 22 hrough their agent, Ruden McClosky/Kim Glas-Castro, pursuant to Section 9 of 23 ppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for 24 e purpose of rezoning a tract of land consisting of approximately ± 86.98 acres, 25 aid land being more particularly described hereinafter, from PID (planned Industrial 26 evelopment) and C-3 (Community Commercial) to SMU (Suburban Mixed Use); 27 and 28 WHEREAS, the City Commission conducted a public hearing and heard 29 estimony and received evidence which the Commission finds, supports a rezoning for 30 he property hereinafter described; and S:\CA\Or~inances\Planning\Rezoning\Rezoning - Renaissance.doc I ! I , I , i 1 WHEREAS, the City Commission finds that the proposed rezoning is 2 onsistent with an amendment to the Land Use which was contemporaneously 3 onsidered and approved at the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the 5 nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 ncorporated herein by this reference. 11 The following described land, located in the City of Boynton Beach, 12 orida as set forth as follows: 13 14 THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL 15 EVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 16 LAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC 17 CORDS. 18 19 OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF 20 ECTIONS 29 AND 20, TOWNSlllP 45 SOUTH, RANGE 43 EAST, AS PER PLAT 21 HEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS 22 F PALM BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED 23 SECTION 20, TOWNSlllP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON 24 SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, 25 ECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSlllP 45 26 OUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED 27 PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS, ALSO 28 CLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM 29 ANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED 30 F SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, 31 AGE 20 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, 32 YING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103 33 HROUGH 107 ON THE WEST IN SAID SUBDIVISION. 34 S,\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc -,'........-"-~...-'-----'..... ",: . ".- .. ....-, <~ '-~~. - - ___ _ ,_r_' ' ....~_ ~ri-'. .. 1 SO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND 2 ANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE 3 YING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE 4 GHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING 5 ANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94,95,103,104,105,106 6 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 7 OUTR, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED 8 PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WIDCH 9 IES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. 10 11 SO, ALL THAT PART OF THE SW 1,4 OF SECTION 17 AND THE NW % OF 12 ECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 13 ORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 14 2ND A VENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 15 F THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH 16 F THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 17 3 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, 18 EAST OF THE EASTERLY LINE OF RIGHT-OF- WAY OF CONGRESS 19 VENUE AND WEST OF THE WESTERLY LINE OF RIGHT -OF-WAY LINE OF 20 HE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. 21 22 XCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT- 23 F- WAY OF CONGRESS A VENUE, LAKE WORTH DRAINAGE DISTRICT 24 QUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY 25 OYNTON CANAL 26 27 e and the same is hereby rezoned from PID (Planned Industrial Development) and C-3 28 ommunity Commercial) to SMU (Suburban Mixed Use). A location map is attached 29 ereto as Exhibit "A" and made a part of this Ordinance by reference. 30 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 31 ccordingly. 32 Section 4: All ordinances or parts of ordinances in conflict herewith are 33 ereby repealed. 34 Section 6: Should any section or provision of this Ordinance or any portion 35 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall 36 ot affect the remainder of this Ordinance. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc · . 1 Section 7. This ordinance shall become effective immediately upon passage. 2 FIRST READING this ~ day of -P1¿zrc. h ,2004. 3 ECOND, FINAL READING and PASSAGE this _ day of ,2004. 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 TIEST: 21 22 23 City Clerk 24 25 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc >~~................... ." "..,. XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.5 AGENDA ITEM REQUEST FORM ~ V"V ~ Q-:£. -<'\c:J ~ ~rn Date Final Fonn Must be T~ c>y Requested City Commission Date Final Fonn Must be Turned Requested City Commission roc> ';1: Meetin~ 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 April 5, 2004 (Noon) o June 15,2004 May 31,2004 (Noon) o May4,2004 April 19,2004 (Noon) o July 6,2004 June 14,2004 (Noon) o May 18,2004 May 3, 2004 (Noon) [8:J July 20, 2004 July 5, 2004 (Noon) 0 Administrative [8:J Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDATION: Approve Ordinance amending Chapter 23 of the Code of Ordinances by creating a new Article IV Entitled "Additional Homestead Exemption of Twenty-Five Thousand Dollars ($25,000.00) for eligible persons sixty-five (65) years of age and older. EXPLANATION: Several Municipalities as wen as Palm Beach County have authorized an additional homestead exemption for persons sixty-five years of age and older who meet the following requirements: 1. the person has legal or equitable title to real estate 2. the person maintains thereon the permanent residence of the owner 3. the person's household income does not exceed $20,000. (This is to be adjusted annually by the CPI index) 4. the taxpayer claiming the exemption submits annually to the Palm Beach County Property Appraiser, not later than May 1, of each year a sworn statement ofhousehoJd income on a fonn prescribed by the Florida Department of Revenue 5. in accordance with ru1es of the Florida Department of Revenue, the filing of the statement is supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other documents which the Florida Department of Revenue, finds necessary, for each member of the household, is submitted by June 1. The taxpayer's statement shall attest to the accuracy of such copies 6. Property Appraiser Approval. The Property Appraiser may not grant the exemption without the required documentation. The time line for having this exemption in place for the 2005 tax year is as follows: · Prior to Dec. 1,2004 an Ordinance must be sent to the Property Appraiser's Office · Residents must apply for the exemption before March 1, 2005. · Ifresident is approved for the exemption it will be applied to their tax bill sent out in November 2005. FISCAL IMP ACT: Based on the number of Boynton Residence who applied for the exemption tße County granted the City would lose an estimated $35,437 in ad valorem tax revenue. There were 191 Boynton Beach residents who applied for the additional exemption ITom the County. The City of Boynton has an estimated 3,239 residents over 65. It is estimated that 25% of that nmnber are resident's who rent thus bringing the number ofresidents over 65 who own their homes to 2,429. If 10% of that number qualified for the additional exemption the City would lose $45,544. in ad valorem tax revenue. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Not authorize ordinance giving the additional homestead exemption to senior citizens 65 years of age OT older or authorize amount less than the $25,000. il~ <R~ Department Head's Signature Finance Department Name . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC <' ~--~"""-""",,,,-,,;->----' ..~ -...._,--,----~-_.,-->~_.-~.. _~ -"_>.~,."__"'_,"_'_:'_____""_,.... ,,_õ-_~ '_-. -~,-'., ---,..------~. -~---~--.....-' ORDINANCE NO.Qj- otlt..l 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF 3 ORDINANCES BY CREATING A NEW ARTICLE IV. ENTITLED 4 "'ADDITIONAL HOIVIESTEAD EXEMYfION"; PROVIDING AN 5 ADDITIONAL HOMESTEAD EXEMYfION OF TWENTY fiVE 6 THOUSAND DOLLARS ($25,000.00) FOR ELIGIBLE PERSONS; 7 PROVIDING PROCEDURES FOR QUALIFICA TION; 8 PROVIDING FOR AN ANNUAL ADJUSTMENT; PROVIDING 9 FOR CONFLICTS, SEVERABILITY, CODIfiCATION, AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, section 196.075, Horida Statutes, provides the requirements for an additional 13 omestead exemption for persons sixty-five (65) years of age and older; and; and 14 WHEREAS, the statute provides that a municipality may adopt an ordinance granting an 15 dditional homestead exemption as authorized by the statute and submit the adopted ordinance to 16 he Property Appraiser no later than December 1 of the year prior to the year the exemption wiJ] 17 ake effect; and 18 WHEREAS, the additional homestead exemption shaH apply to all taxes levied by the 19 ity of Boynton Beach, including, if any, dependent special districts and municipal service taxing 20 nits within the City of Boynton Beach; and 21 WHEREAS, the City Commission finds that it is in the best interest of the citizens of the 22 ity of Boynton Beach, Aorida, to provide for such additional homestead exemption; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIN OF THE 24 ITY OF BOYNTON BEACH, FLORIDA: 25 Section 1. The foregoing "WHEREAS" clauses are hereby ratifiéa and confinned as being 26 e and correct and are hereby made a specific part of this Ordinance upon adoption hereof. :\CA\Ordinances\Administrative\Fin31 ADDmONAL HOMESTEAD EXEMPTION 062504.DOC Page 1 of 4 I r i ¡ . -~ ORDINANCE NO. ~ 1 Section 2. That Chapter 23. Taxation. of the Code of Ordinances of the City of Boynton 2 each, Florida is hereby amended by creating a new Artide IV, entitled "Additiona] Homestead 3 xemption", to read as fo]]ows: 4 Chapter 23. Taxation 5 *** 6 ARTJ(~I.E TV ADDmONAI. HOMESTEAD EXEMPTION 7 Spction 23-54. "Additional Rompstpad Rxprnption for ppTSons 65 and older." 8 9 (A) Dpfinitinn \' 10 11 (1) Hnusehnld means- a peTs-on or eTonp of peTs-ons- l1vine 12 toeetheT in a Toom OT eroup of TOOms. as. a hous.ine unit, hut the term docs. not 13 indude peTs.ons. hoaTdine OT renting a portion of a dwelline, as. defined in s.ection 14 196 07,){1), Florida Statnte.~, as. amended from time to time 15 16 (2.) Hnllsehnld incnme means. the adjns.ted er0s.s. income, as. 17 defined in s. 62. of the T Jntted States. Internal Revenue Code, of a11 memhcTs. of the 18 hous.eholrl, as. defined in Section 196 076 (1), Florida Statntes., as. amended from 19 time to time 20 21 (R) {;eneraZ 22 23 (1) The additional homes.tead exemption as.s.et forth in this. 24 s.ection s.haH apply only to taxes. levied hy the City of Roynton Reach indndin~, if 25 any, dependent s.pecial dis.tricts. :md municipal s.erviœ taxinr units. 26 27 (2) Anypcrs.on who meets. the requirements. s.et forth in (C) 28 helow, s.haH heelivhle fOT an additional homes.tead exemption in an amount up to 29 twenty five thous.and and 00/1 00 dol1ars. ($2.\OOO (0) 30 31 (C) Requirements tn nhtain AdditinnaZ hnme\'tead Fx,!mptinn 32 33 Any peTs.on who has. attained the aee of 6:') years. wi11 he entitled to an 34 additional homes.tead exemption if' 35 :\CA\Ordinances\Administrative\FinaJ ADDmONAL HOMESTEAD EXEMPTION 062504.DOC Page 2 of 4 _..__'__~~________"T.'''----__...__=__,' .......__ .... .. -~....,.-,~ _. 0>' __'_____................"""".~~""-'--'......~--'~-----'<""'-.,--'-- ,,', ~ ORDINANCE NO. 1 (1 ) the person has le~al or equitahle title to Teal estate; and 2 3 (2) the person maintains thereon the penn:ment residence of 4 the owner; and 5 6 (1) the person's honsehold income does not exceed twenty 7 thonsand :md 001100 dollars ($20,00000); and 8 9 (4) the taxpayer daimine the exemption shall annually snhmit 10 a reqnest for the additional exemption herein created to the Palm Reach rounty 11 Property Appraiser, not later than March 1, a sworn statement of honsehold 12 income on a fonn prescrihed hy the F10riila Department of Revenue, and in 13 accordance with mles of the Floriila Department of Revenue The applicant shaH 14 snhmit copies of any federal income tax n~tnms for the prior year, any wa~e anil 15 eamin~s statements (W-2 fonns), and any other ilocnments which the Florida 16 Department of Revenue finds necessary, for each memher of the household, is 17 snhmitted hy June 1 The taxpayer's statement shaH attest to the accurncy of such 18 copies; and 19 20 (') Property Appraiser Approval The Property Appraiser may 21 not ~rant the exemption withont the required ilocumentation 22 23 (D) Hnuçphnld žncnmp For pnrposes of (r)(1) ahove, heejnning 24 January 1, 2001, the twenty thous:mil anil 00/100 doHam ($20,000 (0) honseholil 25 income limitation shaH he adjusted annually, em J:muary 1, hy the percentaee 26 chanee in the avernge cost-of-l1vine in the period January 1 throueh Decemher 11 27 of the immediate prior year compared with the same period for the year prior to 28 that The index is the avern~e of the monthly consumer-price-index fieJlres for 29 the stated twelve month period, relative to the T Jnited States as a whole) issued hy 30 the T Jnlted States Department of T .3OOr 31 32 (R) If title is hdd jointly with the rieht of survivorship, the pemon 33 residine on the property and otherwise qmtlifyíne may receive the entire amount 34 of the additional homestead exemption 35 36 Section 3. It is the intention of the City Commission of the City of Boynton Beach 37 at the provisions of this Ordinance shan become and be made a part of iþe Code of Ordinances 38 f the City of Boynton Beach, Florida, and that the Sections of this ordinance may be renumbered, :\CA\Ordinances\Administrative\FinaJ ADDmONAL HOMESTEAD EXEMYI10N 062504.DOC Page 3 of 4 ORDINANCE NO. ) 1 e-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or 2 hrase in order to accomplish such intention. 3 Section 4. An Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 4 n conflict herewith be and the same are hereby repealed to the extent of such conflict. 5 Section 5. If any clause, section, or other part or application of this Ordinance shall be 6 eld by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 7 r invalid part or application shall be considered as eliminated and so not effecting the remaining 8 ortions or applications remaining in fun force and effect. 9 Section 6. This Ordinance shan become effective immediately upon its passage and 10 doption. 11 FJRST READING this ~ day of July, 2004. 12 SECOND, ANAL READING AND PASSAGE this _ day of July, 2004. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 Commissioner ity Clerk ) :\CA\Onlinances\Administrative\Fínal ADDmoNAL HOMESTEAD EXEMJ'TION 062504.DQC Page 4 of 4 .. . ~rJ " ~'~"",-,<..,.~.......,~'-- . <_. ,~~_~,_~.. .'n .'......" XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FORM Requested City Corrunission 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 c=J Plpril7,2004 March 15,2004 (Noon.) c=J June I, 2004 May 17,2004 (Noon) c=J Plpril20,2004 Plpril 5, 2004 (Noon) c=J June 15, 2004 May 31, 2004 (Noon) c=J May 4, 2004 Plpri119, 2004 (Noon) c=J July 6, 2004 June 14,2004 (Noon) c=J May 18, 2004 May 3, 2004 (Noon) IZI July 20, 2004 July 5, 2004 (Noon) c=J Administrative IZI Legal NATURE OF c=J Announcement c=J New Business AGENDA ITEM c=J City Manager's Report c=J Presentation c=J Consent Agenda IZI Public Hearing c=J Code compliance/Legal Settlements c=J Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22nd, recommended that the subject request be approved, subject to the condition that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137. EXPLANATION: PROJECT Boynton Village (LUAR 04-006) AGENT: Ruden, McCloskey, Smith, Schuster & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Between Congress A venue and the L WDD E-4 Canal and south of the C-16 (Boynton) Canal DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map :trom Moderate Density Residential (MoDR) to Mixed Use-Suburban; and Proposed use: Mixed use development of .±81.814 acres containing retail, office and residential uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALmRNA~ ~ Develop nt' ep ent Direct r City Manager's Signature ~. {'-WG ,/ Planning and Zoning Direc City Attorney / Finance / Human Resources S:\Planning\SHÞJŒD\WP\PROJECTS\Boynton iIIage-Boynton Town Center I\LUJ\R 04-oo6\Agenda Item Request Boynton Village PB & 1st reading i\mendLUJ\R 04-006 7-20-o4.dot S:\BULLETIN\FORMS\AGENDPl ITEM REQUEST FORM.DOC · . ¡ 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 81.814 ACRES 6 AND LOCATED BETWEEN CONGRESS AVENUE 7 AND THE LWDD E-4 CANAL AND SOUTH OF THE 8 C-16 (BOYNTON) CANAL, MORE P ARTICULARL Y 9 DESCRIBED HEREIN; AMENDING ORDINANCE 10 89-38 BY AMENDING THE FUTURE LAND USE 11 ELEMENT OF THE COMPREHENSIVE; THE LAND 12 USE DESIGNATION IS BEING CHANGED FROM 13 MODERATE DENSITY RESIDENTIAL TO MIXED 14 USE-SUBURBAN; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 19 Use Element by Ordinance No. 89-38 in accordance with the Local Government I I 20 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 24 WHEREAS, after public hearing and study, the City Commission deems it in 25 the best interest of the inhabitants of said City to amend the aforesaid Element of the 26 Comprehensive Plan as adopted by the City herein. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and 30 incorporated herein by this reference. 31 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Boynton Village.doc ,-. , --..-.~.~-~ L_,,"'. 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Mixed Use-Suburban. Said land is more particularly described as follows: 4 See Exhibit "A" 5 6 Containing approximately 81.814 acres, more or less. 7 8 Subject to easements, restrictions, reservation and rights of way of record. 9 10 Said lands situate, lying and being in Palm Beach County, Florida. 11 12 Section 3: That any maps adopted in accordance with the Future Land Use Element 13 shall be amended accordingly. 14 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 15 repealed. 16 Section 5: Should any section or provision of this Ordinance or any portion thereof 17 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 18 the remainder of this Ordinance. 19 Section 6: This Ordinance shall take effect on adoption, subject to the review, 20 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 21 Planning and Land Development Regulation Act. No party shall be vested of any right by 22 virtue of the adoption of this Ordinance until all statutory required review is complete and 23 all legal challenges, including appeals, are exhausted. In the event that the effective date is 24 established by state law or special act, the provisions of state act shall control. 25 FIRST READING this _ day of ,2004. 26 S:\CA\Ordinances\Planning\Land Use\Boynton Village.doc i I i I i 1 I SECOND, FINAL READING and PASSAGE this _ day of , 2 ! 2004. 3 I 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 A TIEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 S:\CA\Ordinances\Planning\Land Use\Boynton Village. doc '""'''-1'' 1 ~"""'"'.--"'-~ -.... ,,='~;'- __~~_,O'_ ~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetin~ Dates in to City Clerk's Office Meetinl!. Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June I, 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) IZI July 20, 2004 July 5, 2004 (Noon) 0 Administrative IZI Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda IZI Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22nd. recommended that the subject request be approved, subject to the condition that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137. EXPLANATION: PROJECT Boynton Village (LUAR 04-006) AGENT: Ruden, McCloskey, Smith, Schuster & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Between Congress Avenue and the LWDD E-4 Canal and south of the C-16 (Boynton) Canal DESCRIPTION: Request to rezone from R-l-AA single family residential to Suburban Mixed Use (SMU). Proposed use: Mixed use development of +81.814 acres containing retail, office and residential uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~mRNA_ ~~M' Deve m ,ir tor Planning and Zoning Direc City Attorney / Finance / Human Resources 3:\Planning\SHARED\WP\PROJECTS\Boynton dlage-Boynton Town Center I \LUAR 04-006\Agenda Item Request Boynton Village PB & 1st reading Rezone LUAR 04-006 7-20-04.dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 KLATI FAMILY LIMITED 6 PARTNERSHIP, AMENDING 7 ORDINANCE 02-013 OF SAID CITY BY 8 REZONING A PARCEL OF LAND MORE 9 PARTICULARLY DESCRIBED HEREIN, 10 FROM R-1-AA SINGLE-FAMILY 11 RESIDENITAL TO SUBURBAN MIXED 12 USE (SMU); PROVIDING FOR 13 CONFLICTS, SEVERABITlTY 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 I 19 WHEREAS, Klatt Family Limited partnership, owner of the property more 20 particularly described hereinafter, and known as Boynton Village, has heretofore 21 filed a Petition, through its agent, Ruden, McClosky, et aI. 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 81.814 acres, 24 said land being more particularly described hereinafter, from R-1-AA Single- 25 Family Residential to Suburban Mixed Use (SMU); 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\Rezoning - Boynton Village.doc ~--- ,- --~-'-'~ , 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public 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 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton Beach, 11 Florida as set forth as follows: 12 SEE EXHIBIT "B" 13 14 Containing 81.814 acres, more or less. 15 16 Subject to easements, restrictions, reservation and rights of way of record. 17 18 Said lands situate, lying and being in Palm Beach County, Florida. 19 20 e and the same is hereby rezoned from R-1-AA Single-Family Residential to Suburban 21 'xed Use (SMU). A location map is attached hereto as Exhibit "A" and made a part of 22 . s Ordinance by reference. 23 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 24 25 Section 4: All ordinances or parts of ordinances in conflict herewith are 26 hereby repealed. 27 Section 6: Should any section or provision of this Ordinance or any portion S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Village.doc 1 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 2 not affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this _ day of ,2004. 5 SECOND, FINAL READING and PASSAGE this _ day of ,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 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) S:\CA \Ordinances\Planning\Rewning\Rezoning - Boynton Village. doc ~,.....-----~-",-- _.... "'_' 1 "'........,..,""'"~, ,__.' 'oF- ---' - -.. '-~~ '..'-_.---"--,- . BOYNTON TOWN CENTER I LOCATION MAP Local Retail CommercIal Industrial C .-.-.-.-.-.-.-.-. '-'-'-' I i i i · LUAR 04-007 I · I Local Retail Com ercIal · I · 25.00 acres I · I i i Local R CommercIal . II .. .. .. 1'11, W+E S \ \ A If , CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM 8.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinS! Dates in to City Clerk's Office MeetinS! Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June 1,2004 May 17,2004 (Noon) o April 20,2004 April 5, 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) [gJ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [gJ Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal. Ordinance - First Reading. The Planning and Development Board with a 6- I vote on June 22nd, recommended that the subject request be approved, subject to the conditions that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County, and that commercial development on the site be limited to 250,000 square feet. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138. EXPLANATION: PROJECT: Boynton Town Center (LUAR 04-007) AGENT: Ruden, McCloskey, Smith, Schuster, & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Northeast comer of Congress Avenue and Old Boynton Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial. Proposed use: Commercial retail development of ±25.00 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ ~i~_ Deve1op~t ep en! Dn-ecio, j ~_ __ _ ~ /fA.¿ , Planning and Zonin~trector City Attorney / Finance / Human Resources <;:\PlanningISHARED\ WP\PROJECTS oynton Village-Boynton Town Center 1 \LUAR 04-007\Agenda Item Request Boynton Town Center PH & 1 st eading amend LUAR 04-007 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REGARDING PROPERTY CONSISTING OF 5 APPROXTh1ATELY 25 ACRES AND LOCATED THE 6 NORTHEAST CORNER OF THE INTERSECTION OF 7 CONGRESS A VENUE AND OLD BOYNTON ROAD; 8 AMENDING ORDINANCE 89-38 BY AMENDING THE 9 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 FROM MODERA TEDENSITY RESIDENTIAL 14 TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING 15 FOR CONFLICTS, SEVERABILITY, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use 20 lement by Ordinance No. 89-38 in accordance with the Local Government Comprehensive 21 Janning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 omprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 24 WHEREAS, after public hearing and study, the City Commission deems it in the 25 est interest of the inhabitants of said City to amend the aforesaid Element of the 26 omprehensive Plan as adopted by the City herein. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CI'fY COMMISSION OF THE 28 ITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 30 erein by this reference. 31 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 32 Bowing: -\CA\Ordinances\Planning\Land use\Boynton Town Center.doc > __, .__J~ . ~'~ ,'--~_.-._,,~.~~,.._,,-- '. ",...-"_~....c.~___,_~~...,..___~, ._~,~.,~ ~ _ -"._h__-'< ',<.-',>.,+ _ . . . 1 That the Future Land Use of the following described land shall be designated as Local 2 etail Commercial (LRC). Said land is more particularly described as follows: 3 portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, 4 eing more particularly described as follows: 5 6 ommencing the Southwest Comer of the plat of MOTOROLA, A PLANNED INDUSTRIAL 7 EVELOPMENT, according to the plat thereof, as recorded in Plat Book 43, Page 139 of the 8 aIm Beach County, Florida Public Records; thence South 00°12' 55" East, along the Southerly 9 rojection of the West Line of said plat, along the Easterly Right-of-Way Line of Congress 10 venue, a distance of210.02 feet to a point as being on the Southerly Right of Way Line of the 11 oynton Canal C-16, thence North 88°55'53" East, along said Southerly Right-of-Way Line, a 12 istance of 1453.99 feet; thence South 74°20'41" East, along said Southerly Right-of-Way Line, 13 distance of34.18 feet to a Point on the Westerly Right-of-Way Line of Lake Worth Drainage 14 istrict Equalizing Canal E-4, as recorded in Official Records Book 1654, Page 370, Palm Beach 15 ounty, Florida Public Records; thence South 05°17'23" East, along said Westerly Right-of-Way 16 . ne, a distance of 751.00 feet; thence South 29°35 '08" East, along said Westerly Right-of-Way 17 'ne, a distance of 800.00 feet; thence South 00°29'52" West, along said Westerly Right-of-Way 18 ine, a distance of 1210.00 feet to a point on the Northerly Right-of-Way Line of Old Boynton 19 oad; thence North 89°00'08" West, along said Northerly Right-of-Way Line, a distance of 20 55.69 feet to the Point of Beginning of this description; thence continue North 89°00'08" West, 21 long said Northerly Right-of-Way Line, a distance of 507.11 feet; thence North 00°13'06" 22 est, along said Right-of-Way Line, a distance of 11.00 feet; thence North 89°00'08" West, 23 ong said Northerly Right-of-Way Line, a distance of 528.15 feet; thence North 44°34'27" 24 est, along said Right-of-Way Line, a distance of 57.16 feet to a point on the Easterly Right-of- 25 ayLine of said Congress Avenue; thence North 00°12'45" West, along said Easterly Right-of- 26 ay Line, a distance of 957.20 feet; thence North 89°47'15" East, a distance of 1075.00 feet; 27 ence South 00°12'45" East, a distance of 1030.94 feet to a point on the Northerly Right-of- 28 ay Line of Old Boynton Road and the Point of Beginning of this description; 29 30 ontaining 1,088,998 square feet or 25.00 acres, more or less. 31 32 ubject to easements, restrictions, reservation and rights of way of record. 33 34 aid lands situate, lying and being in Palm Beach County, Florida. 35 36 Section 3: That any maps adopted in accordance with the Future Land Use Element shall 37 e amended accordingly. 38 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 39 Section 5: Should any section or provision of this Ordinance or any portion thereof be 40 ec1ared by a court of competent jurisdiction to be invalid, such decision shall not affect the :\CA\Ordinances\Planning\Land Use\Boynton Town Center.doc 1 emainder of this Ordinance. 2 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 3 r appeal provisions provided by the Florida Local Government Comprehensive Planning and 4 and Development Regulation Act. No party shall be vested of any right by virtue of the 5 doption of this Ordinance until all statutory required review is complete and all legal challenges, 6 ncIuding appeals, are exhausted. In the event that the effective date is established by state law or 7 pecial act, the provisions of state act shall control. 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 27 28 29 ity Clerk 30 31 Corporate Seal) 32 :\CA\Ordinances\Planning\Land Use\Boynton Town Center. doc "._.~Q.'~-'~~" ~ .. 1 ,_~.......~_>.._'.--. .....~ ,"" '-'. -~~_...~--" - ~,., ._-'-~'-' ,_.-.... --"-~""-'-~--~"'~""~~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.4 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 7, 2004 March 15,2004 (Noon.) 0 June 1,2004 May 17,2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) o May 4,2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) o May 18,2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) o Administrative g¡ Legal NATURE OF 0 Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation o Consent Agenda ~ Public Hearing o Code compliance/Legal Settlements 0 Unfinished Business RECOMJ\.1ENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6-1 vote on June 22nd, recommended that the subject request be approved, subject to the conditions that adoption is contingent on clarification and consideration of the traffic impact analysis requirements of Palm Beach County, and that commercial development on the site be limited to 250,000 square feet. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138. EXPLANATION: PROJECT: Boynton Town Center (LUAR 04-007) AGENT: Ruden, McCloskey, Smith, Schuster, & Russell, P.A. OWNER: Klatt Family Limited Partnership LOCATION: Northeast comer of Congress Avenue and Old Boynton Road DESCRIPTION: Request to rezone from R-l-AA single family residential to C-3 Conmmnity Commercial. Proposed use: Commercial retail development of ±25.00 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE N/A ~ o ---, Ity Manager's SIgnature /t(fi.. Planning and Zoning ctor City Attorney / Finance / Human Resources 3:\Planning\SHARED\WP\PROJECTS ton Village-Boynton Town Center I \LUAR 04-007\Agenda Item Request Boynton Town Center PH & 1st reading rezone LUAR 04-007 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPUCA TION OF 5 KLATT FAMILY LIMITED PARTNERSHIP 6 1 AND KLATI ENTERPRISES, INC., 7 AMENDING ORDINANCE 02-013 OF 8 SAID CITY BY REZONING A PARCEL OF 9 LAND MORE P ARTICULARL Y 10 DESCRIBED HEREIN, FROM R -1- AA 11 SINGLE-FAMILY RESIDENITAL TO C-3 12 COMMUNITY COMMERCIAL; 13 PROVIDING FOR CONFllCTS, 14 SEVERABll..ITY AND AN EFFECTIVE 15 DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, FJorida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 19 said City; and 20 WHEREAS, Klatt Family Limited partnership 1 and Klatt Enterprises, Inc., 21 owner of the property more particularly described hereinafter, and known as , i ; 22 Boynton Town Center, has heretofore filed a Petition, through its agent, Boynton i 23 Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et a1. pursuant to Section 24 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 25 FJorida, for the purpose of rezoning a tract of land consisting of approximately 25 I 26 acres, said land being more particularly described hereinafter, from R-1-AA Single- I I 27 Family Residential to C-3 Community Commercial; and I 28 WHEREAS, the City Commission conducted a public hearing and heard I , 29 testimony and received evidence which the Commission finds supports a rezoning I I 30 for the property hereinafter described; and S:\CA\Ordinances\PIanning\Rezoning\Rezoning - Boynton Town Center I.doc ..._.,<;0.. ~-'-- -,~-,»-~, » -' ..."'---~......_-~,,~_.. ,.¡-;..., -- 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 Beach, 12 Florida as set forth as follows: 13 14 A portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, 15 Florida, being more particularly described as follows: 16 17 Commencing the Southwest Comer of the plat of MOTOROLA, A PLANNED 18 INDUSTRIAL DEVELOPMENT, according to the plat thereof, as recorded in Plat 19 Book 43, Page 139 of the Palm Beach County, Florida Public Records; thence South 20 00°12'55" East, along the Southerly projection of the West Line of said plat, along the 21 Easterly Right-of-Way Line of Congress Avenue, a distance of 210.02 feet to a point as 22 being on the Southerly Right of Way Line of the Boynton Canal C-16, thence North 23 88°55'53" East, along said Southerly Right-of-Way Line, a distance of 1453.99 feet; 24 thence South 74°20'41" East, along said Southerly Right-of-Way Line, a distance of 25 34.18 feet to a Point on the Westerly Right-of-Way Line of Lake Worth Drainage 26 District Equalizing Canal E-4, as recorded in Official Records Book 1654, Page 370, 27 Palm Beach County, Florida Public Records; thence South 05°17'23" East, along said 28 Westerly Right-of-Way Line, a distance of 751.00 feet; thence South 29°35'08" East, 29 along said Westerly Right-of-Way Line, a distance of 800.00 feet; thence South 30 00°29'52" West, along said Westerly Right-of-Way Line, a distance of 1210.00 feet to a 31 point on the Northerly Right-of-Way Line of Old Boynton Road; thence North 32 89°00'08" West, along said Northerly 33 S:\CA\Ordinances\Planning\Rezoning\Rewning - Boynton Town Center ldoc 1 Right-of-Way Line, a distance of 855.69 feet to the Point of Beginning of this 2 description; thence continue North 89°00'08" West, along said Northerly Right-of-Way 3 Line, a distance of 507.11 feet; thence North 00°13'06" West, along said Right-of-Way 4 Line, a distance of 11.00 feet; thence North 89°00'08" West, along said Northerly 5 Right-of-Way Line, a distance of 528.15 feet; thence North 44°34'27" West, along said 6 Right-of-Way Line, a distance of 57.16 feet to a point on the Easterly Right-of-Way 7 Line of said Congress Avenue; thence North 00°12'45" West, along said Easterly Right- 8 of-Way Line, a distance of 957.20 feet; thence North 89°47'15" East, a distance of 9 1075.00 feet; thence South 00°12'45" East, a distance of 1030.94 feet to a point on the 10 Northerly Right-of-Way Line of Old Boynton Road and the Point of Beginning of this 11 description; 12 13 Containing 1,088,998 square feet or 25.00 acres, more or less. 14 15 Subject to easements, restrictions, reservation and rights of way of record. 16 17 Said lands situate, lying and being in Palm Beach County, Florida. 18 19 e and the same is hereby rezoned from R-I-AA Single-Family Residential to C-3 20 Community Commercial. A location map is attached hereto as Exhibit "A" and made a 21 art of this Ordinance by reference. 22 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 23 ccordingly. 24 Section 4: All ordinances or parts of ordinances in conflict herewith are 25 hereby repealed. 26 Section 6: Should any section or provision of this Ordinance or any portion 27 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 28 ot affect the remainder of this Ordinance. 29 Section 7. This ordinance shall become effective immediately upon passage. 30 FIRST READING this _ day of ,2004. 31 32 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Town Center I.doc ._----=-.'~",--- ~ n '''''....,,''''-~,-,-,,~ - 1 SECOND, 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 ATIEST: 19 20 21 City Clerk 22 23 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Town Center I.doc BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial 0 .. . :: . \ i .. ¡ i i \ '\ \ ~ , '\ ~ , ~ , .~ \ .. i .. .. ! .---.-.-.-.-----. i .. .. :::: · .. IV i ... Q) i It - .. IV · .. 0 LUAR 04-007 .. .., i Local Retail Com Te/al .. .. 25.00 aeres · :: I i .. i .. .................J Local Commercial . ,. - ... = W+E "fT'/ S ._----='.'---.~...'.~~,.....,.,............._- F-,............-""'.."....,-~~_ - -,,~.,,~._--~~. --"--- XII. - LEGAL / ITEM 8.5 - 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 o April 7, 2004 March 15,2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o April 20, 2004 April 5, 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) I:8J July 20, 2004 July 5, 2004 (Noon) ("") c:> ("")::::t 0 I:8J .- ==i-< Administrative Legal - <-- -<0 NATURE OF 0 Announcement 0 New Business c: c:"") 11 Z ;-cP AGENDA ITEM 0 City Manager's Report 0 Presentation f') ~o c...> ::0-( 0 Consent Agenda I:8J Public Hearing ::;.;.% -0 --\ ,j}o 0 Code compliance/Legal Settlements 0 UnfInished Business ::s: o;r:. .r;:* 11(p ., :!f11 o ("'»> RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda undenubk'~ Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-134. EXPLANATION: PROJECT: Comprehensive Plan Text Amendments (CPTA 04-002) Suburban Mixed Use OWNER: City-Initiated DESCRIPTION: Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use- Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DeVel~ ~ City Manager's Signature 2rJl~ City Attorney / Finance / Human Resources Planning and OIung Drrector S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\CPTA 04-002\Agenda Item Request Comprehen.Plan Text Amend. Suburban MU 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-134 TO: Chairman and Members Planning and De eloRment Board FROM: Dick Hud , ior Planner THROUGH: Michael W. Rum;J\~ Director of Planning and Zoning DATE: June 10, 2004 SUBJECT: Mixed Use-Suburban (CPTA 04-002) INTRODUCTION The proposed text amendment is requested by Ruden, McClosky, et al. on behalf of Boynton Beach Place, LLC and would amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category, provide for consistent zoning districts, allowed uses, density and intensity of development. The MX-S land use designation is proposed for portions of the two parcels of land located in the northeast quadrant of the intersection of Congress Avenue and Old Boynton Road; however, the designation could be applied to other lands in the City located west of 1-95 that meet the requirements of the code. PROCEDURE A text amendment to the Comprehensive Plan is defined by Florida Statutes as a "large-scale" amendment, and is restricted to the twice-yearly adoption schedule. Large-scale amendments approved by the City are forwarded to the Florida Department of Community Affairs (DCA) for review and comment prior to adoption. This text amendment is a part of the second round of amendments for calendar year 2004. Adoption of this round is tentatively scheduled for November. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Currently, the Mixed Use land use designation is intended for application within the City's downtown and Community Redevelopment Area. The proposed sub-category will establish a mixed use designation for the areas of the City west of 1-95. The proposed Mixed Use-Suburban designation promotes a mixture of land uses, arranged either vertically or horizontally, within a single project, and must be guided by a development plan for the project that includes a single unified design. To be considered for land use amendment to this designation, the property must front on an arterial roadway. The designation allows residential densities up to 20 dwelling units per acre (du/ac) and up to 1.0 Floor Area Ratio (FAR) for non-residential/mixed use structures. Parking structures are excluded from FAR calculations. .--,-----.........-....< ~---,-"---,~,~~~_..~'.->. Page 2 File Number: CPTA 04-002 Mixed Use-Suburban PROPOSED TEXT (with proposed changes shown in underlined and bold text) Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future land Use Plan in accordance with the following descriptions of land use categories. . . Mixed Use-Suburban: This land use category shall be applicable to lands located west of 1-95, which consist of the SMU Suburban Mixed Use zoning district and/or any zoning district(s) which may be established in the future provided that the abovementioned zoning districts are shown on the Future land Use Map within the Mixed Use-Suburban land use category. The land use category allows for a diversity of land uses and accommodates and encourages a mixture of residential. office, retail, recreational. and other miscellaneous uses, which may be arranged either vertically or horizontally along major arterial roadways outside of the downtown redeveloDment district. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professional. and administrative offices: financial institutions: funeral homes: Dlaces of worship: retail uses, personal services, and repair of consumer goods: wholesale of non- hazardous commodities: business services which are compatible with retail uses: entertainment. recreation facilities, amusements, attractions, and exposition halls: lodging facilities: marinas and boat storage: passenger transportation facilities: residential uses with a gross density of not more than 20 dwelling units per acre: elementary and high schools, and dav-care services; Dolice and fire stations: social and civic clubs and organizations: community centers: home occupations. A Floor Area Ratio (FAR) up to 1.0 may be considered for all non-residential uses, exclusive of parking structures, throughout the Mixed Use-Suburban land use category. Ranges of Allowable Percentages of land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%-70% The mix of uses proposed for any land develoDment located in the Mixed Use-Suburban category shall be reviewed for aesthetics, design auality and physical compatibility with adjacent land uses; shall be required to submit a plan that includes a single unified design of the project: and shall conform to any adopted design plan(s) for the area covered by the category . ANALYSIS The suburban development pattern of the City of Boynton Beach west of 1-95 provides for uses to be well-separated from one another. The distances between the various uses have forced the population to be increasingly more dependent on the automobile. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to Page 3 File Number: CPTA 04-002 Mixed Use-Suburban suburban areas is relatively recent and desirable. The addition of a Mixed Use-Suburban land use category will permit the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. The addition of a Mixed Use-Suburban future land use category will support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area. RECOMMENDATION Staff recommends the adoption of the proposed text amendment to provide for a Mixed Use- Suburban land use category in the City of Boynton Beach Comprehensive Plan. ATTACHMENTS S:\PIannlng\SHARED\Wp\PROJECTS\BoyntDn Vdlage-Boynton Town Center l\CPTA 04-002\STAFF REPORT CPTA.doc --.....................'~-~'. ' ._-'..-..,:_~~'..--'......<"-, ~,--- and hotel densities up to 40 dwelling units per acre are pennitted. A Floor Area Ratio (FAR) up to 1.5 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use category; however, a FAR of up to 2.0 may be considered for developments immediately abutting the Mixed Use-Core land use category or meeting other locational criteria. All land development located in the Mixed Use:Low Intensity category shall be required to submit a plan that includes a single unified design for the · project, and shall confonn to any adopted design plan(s) for the area covered by the category. Mixed Use-Core: 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 of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category; however, residential and hotel densities up to 80 dwelling units per acre are permitted. · A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core 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. Mixed Use-Suburban: This land use category shall be applicable to lands located west of 1-95. which consist of the SMU Suburban Mixed Use zoning district and/or any zoning district( s) which may be established in the future provided that the abovementioned zoning districts are shown on the Future · Land Use Map within the Mixed Use-Suburban land use category. The land use category allows for a diversity of land uses and accommodates and encourages a mixture of residential? office. retail. recreational. and other miscellaneous uses. which may be arranged either verticallv or horizontally along maior arterial roadways outside of the down~own redevelopment district. City of Boynton Beach 1-19 Date: December 2, 2003 Comprehensive Plan Future Land Use Element Amendments 03-02 Ordinance No. 03-039 The uses allowed in this land use category shall be limited to. but shall not necessarily include the following: · Business, professional. and administrative offices: financial institutions; funeral homes; places of worship; retail uses. personal services. and repair of consumer goods; wholesale of non-hazardous commodities; business services which are compatible with retail uses: entertainment. recreation facilities. amusements. attractions. and exposition halls: lodging facilities; marinas and boat storage; passenger transportation facilities; residential uses with a grOSS density of not more than 20 dwelling units per acre; elementary and high schools. and day-care services; police and fire stations; social and civic clubs · and organizations: community centers; home occupations. A Floor Area Ratio (FAR) UP to 1.0 maybe considered for all non-residential uses. exclusive of parking structures. throughout the Mixed Use-Suburban land use category. Ranges of Allowable Percentages of Land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%-70% The mix of uses proposed for any land development located in the Mixed Use- Suburban category shall be reviewed for aesthetics. design quality and physical compatibility with adjacent land uses: shall be required to submit a plan that includes a single unified design of the µroiect: and shall conform to any adopted design plan(s) for the area covered by the category. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not · necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses - · Industrial: This land use category shall consist of all M-l and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned City of Boynton Beach 1-20 Date: December 2, 2003 Comprehensive Plan Future Land Use Element Amendments 03-02 Ordinance No. 03-039 ,_c~ ..-. '-~..........-..;;.~->."..--- . . ._'~'~. XII. - LEGAL ITEM B.6 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 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 Apri120,2oo4 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) IZI July 20, 2004 July 5, 2004 (Noon) n 0 n~ .c- ~-< 0 IZI '- -<0 Administrati ve Legal c: n"" I ,(1.) NATURE OF 0 Announcement 0 New Business I rr; c> AGENDA ITEM 0 D N ';0-< City Manager's Report Presentation ?ex D D :pit .j)-4 Consent Agenda Public Hearing :::J: - 0 o % D Code complianceILegal Settlements D Unfinished Business ª "CP ::!f'T' 0 ("')J> - ~C"> ::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 EXPLANA TION: Ordinance would allow General Employees to purchase prior military service at no cost to the City and no cost to the General EmpJoyees' Fund. EmpJoyees wouJd bear full costs. Collective bargaining unit has approved the ordinance. PROGRAM IMPACT: Additional enhancement to the Employees' Pension PJan to provide general empJoyees the same I ..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. '-: r0rd/as reco.-nded by ~Board. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 2 FLORIDA PROVIDING A ONE- TIl\'lE OPPORTUNITY FOR 3 CURRENT MEMBERS OF THE GENERAL EMPLOYEES' 4 PENSION PLAN TO INCLUDE PRIOR MILITARY SERVICE AS 5 CREDIT ABLE SERVICE TOWARDS A MEMBER'S PENSION BY 6 PURCHASING SERVICE CREDITS FOR SUCH MILITARY 7 SERVICE SERVED BY THE MEMBER; PROVIDING 8 REGULATIONS FOR IMPLEMENTATION OF THIS OPTION; 9 DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE 10 BE PROVIDED TO THE FLORIDA DIVISION OF RETIREMENT; 11 PROVIDING FOR CONFLICTS; PROVIDING FOR 12 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 15 determined the necessity to provide for a one-time opportunity for current members of 16 the General Employees' Pension Plan ("Plan") to include prior military service, as 17 defined in § 18-81 of the Plan, as creditable service towards a member's calculation of 18 pension benefits under the Plan by purchasing service credits for prior military service; 19 and 20 WHEREAS, the Board has approved and recommended to the City 21 Commission the adoption of this modification to the Plan; and 22 WHEREAS, it is the desire of the City Commission to modify the Plan as 23 recommended by the Board; 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 25 OF THE CTIY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "WHEREAS" clauses are hereby certified as 27 being true and correct and are incorporated herein by this reference. All exhibits 28 attached hereto are hereby incorporated herein. Page 1 of 4 JFK: 8-18-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - military buy back option.doc '--~--~--'-~:'--'- ~~ ~ _' ~~~............__......~--",___ __ '_' ~-='T->'__~"'.""_____~--=-'--""'~'_ ORDINANCE NO. 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. 8 Section 3. The open enrollment period for exercising this option shall 9 commence thirty (30) business days following 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 forms to the Plan Administrator demonstrating their intent to 13 exercise such option. Any member failing to submit the required forms 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 8 I 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 f{)r such purchased 22 service credit over a five (5) year period commencing with the first date of open Page 2 of4 JFK: 8..;18-200311-23-2004 C:\Documents and Settings\LADUERCITY\LocaJ Settings\Temporary Internet FiIes\OLKg\GeneraJ Employees Pension - military buy back option.doc ORDINANCE NO. 1 enrollment. No member shall 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 shall be forfeited. 4 Section 5. All 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 shall 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Page 3 of4 JFK: 8-18-200311-23-2004 C:\Documents and Settings\LADUERCITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - military buy back option.doc -_.~~.._----- - ORDINANCE NO. FIRST READING this _ day of ,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) Page 4 of 4 JFK: 8-18-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\LocaJ Settings\Temporary Internet FiIes\OLK8\General Employees Pension - military buy back 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, ~~~ J. Stephen Palmquist JSP/or National Conference of Firemen & Oilers SEIU NCFO local 1227, AFL-CIO, ClC 937 Belvedere Road SEIU West Palm Beach, Aorida 33405 -- - ----- ..¡ ----- -- - -- -- ""'. NCFO June 16, 2004 By Facsimile 561-742-6274 Ms. Batbara. LaDue Pension AclJninjstmtor City of Boynton Beach P,O, Box 310 Boynton ~ FL 33425-0310 Re; htificMion of Pension ArticI..e Dear Ms. LaDue: Please be advised that on May 3. 2004, the NCF&O BarviniDe Units ratified the T entativc Pension Agreement reached between the City of Boynton BeaCh and the Union. If Yi)U sbouldbave any questio~ please catl Sincerely. ~ry " , ~---- . Phone: 561-366-9513 Fax: 561-366-9554 Toll Free: 1-888-702-0810 Website: wwwJocaJJ227.org ..~ XII. - LEGAL ITEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form 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 D April 6, 2004 March 15,2004 (Noon.) D June I, 2004 May 17,2004 (Noon) D April20,2004 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) ~ July 20, 2004 July 5, 2004 (Noon) n C) C') -i .ç- ~-< D Administrative ~ Legal <- -<0 c::: (")"T1 I NATURE OF D Announcement D New Business I ¡--m ;." C> AGENDA ITEM D City Manager's Report D Presentation N ~U-< ;JCz D Consent Agenda D Public Hearing :¡:p c.ñ-l :x C> Oz D Code compliancelLegal Settlements D Unfinished Business ë5 .." ...,m C) -fT1 (")J> - fT1C') RECOMMENDATION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordinances tif 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. ALTERNA~ '"}P::~dimmœ 7mmended by the mpl res' Pension Board. . Department Head's Signature City Manager's Signature Pension Administration J Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 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 AMEND §18-77, ENTITLED "CREDITABLE SERVICE," TO AFFORD MEMBERS THE OPPORTUNITY TO PURCHASE CREDITABLE SERVICE FOR PRIOR EMPLOYMENT WITH THE CITY OR WITH ANOTHER GOVERNMENTAL ENTITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the General Employees' Pension Plan (the "Plan") provides for the calculation of each participant's Normal Retirement benefit based upon the creditable service for which credit is allowed under the terms of the Plan; and WHEREAS, it is the desire of the General Employees' Pension Plan Board of Trustees ("Board") to enable a member to purchase creditable service towards their pension benefit for prior full-time employment with the City of Boynton Beach or with another governmental agency; 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: CODING: Words in strike through type are deletion trom existing lªw; Words in underscored type are additions. Page 1 of4 JFK: 8-18-2003 11-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\GeneraJ Employees Pension - buy-back of prior government service. doc .- -,- 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, § 18-77 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is hereby amended to read as follows: §18-77 Creditable Service. W Creditable service for the purpose of calculating benefits for general employees shall consist of the member's service rendered by the employee since he last became a member, plus past servIce, rendered continuously since the employee's last date of employment as defined in section 18-78 to the date of his separation rrom service by reason of death, disability, termination of employment or retirement but not beyond the employee's normal retirement date as described in section 18-111 if such date falls on or after January 1, 1979, except that an employee who delays retirement and who elects to continue to contribute after normal retirement date as provided in section 18-95 shall receive creditable service after normal retirement date up to the date of delayed retirement. (b) General employee members may purchase up to five (5) years prior service as a full-time employee of the City of Boynton Beach or any other governmental agency. so long as such service is not used towards creditable service for any other retirement plan. provided that the member pays into the plan the full actuarial cost of such service. as computed by the Pension Fund's actuary. The member shall bear the cost of such actuarial evaluation. Payments for such service may be made. at the member's option. by a lump sum payment or periodic payments bearing interest at the plan's actuarially assumed rate of return made according to a five (5) year maximum installment payment schedule. or a combination of the foregoing. Credit shall be awarded only for that service purchased and only upon receipt of payment. While prior service credit may be purchased at any time upon becoming a member in the plan. credit for purchased service shall only be awarded after the member has completed five (5) years of service with the City. If the member separates rrom service with the City prior to CODING: Words in strike through type are deletion rrom existing law; Words in underscored type are additions. Page 2 of 4 JFK: 8-18-2003 11-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - buy-back of prior govermnent service.doc completing five (5) years of service. all monies paid towards the purchase of creditable service shall be refunded to the member. 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", "Article" or such other word or phrase in order to accomplish such intention. 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 conflict. 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) the foregoing changes to pension benefits has been ratified by the collective bargaining unit( s) representing the General Employees, or their successor organization; b) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; and CODING: Words in strike through type are deletion ffom existing law; Words in underscored type are additions. Page 3 of4 JFK: 8-18-2003 11-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - buy-back of prior government service.doc 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. FIRST READING this _ day of ,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 from existing law; Words in underscored type are additions. Page 4 of 4 JFK: 8-18-2003 11-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - buy-back of prior government service. doc GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. . Suite 200. FL 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, ~f1 J. Stephen Palmquist JSP/or ~._- , .__.~------,--- ~..~ . National Conference of Aremen & Oilers SEIU NCFO local 1227, AFL-CIO, CLC SEIU 937 Belvedere Road West Palm Beach, Aorida 33405 - - ... ------ --- -- ------- ....... NCFO June 16. 2004 By Facsimile 561-742-6274 Ms. Barbara LaDue Pension Ac:lmjnistrator City of Boynton Beach P.O, Box 310 Boynton Beac~ FL 33425-0310 Re; ~J,tlfiœtion of Pension Article Dear Ms. LaDue: Please be advised that on May 3. 2004. the NCF&O ~ Units ratified the Tentative Pension Agreement reached between the City of Boynton Beech and the Union. If you sbouIdbave any questions. please call. Sincerely. ~--'~ . Phone: 561-366--9513 Fax: 56J-366-9554 T()ll Free: 1-888-702-0810 Website: www.locaJJ22ï.œg ..-20. XII. - LEGAL ITEM B.8 . 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 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) I:8J July 20, 2004 July 5, 2004 (Noon) 0 0 O::¡ .¡:- =i-< 0 Administrative I:8J Legal '"- -<0 c: Ç"")" r- NATURE OF 0 Announcement 0 New Business I '-CD ¡-",o AGENDA ITEM 0 0 N Ã1-< City Manager's Report Presentation ~z 0 0 :Þo rJ) ~ Consent Agenda Public Hearing :x 0 ë3 0% 0 Code compliancelLegal Settlements 0 Unfinished Business ...., .. "ro 0 - f'T'1 0» - f"t1o RECOMMENDA TION: Ordinance on First Reading to amend Chapter 18, Article II of the Code of Ordinances ~ amend the deflnition of "Earnings" to include unused vacation pay in the calculation of the normal retirement benetlt for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances. EXPLANATION: Ordinance would allow General Employees to continue the current practice of calculating unused vacation pay in calculating member's flnal 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 rmal 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. FS: De fine to a~e the Ontinance as ""ommended by the ~ Boan!. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 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 Al\'IEND THE DEFINITION OF "EARNINGS" TO INCLUDE UNUSED VACATION PAY IN THE CALCULATION OF THE NORlVIAL RETIREMENT BENEFIT FOR THE GENERAL EMPLOYEES' PENSION PLAN BY SPECIFICALLY AMENDING §18-118 OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the General Employees' Pension Plan (the "Plan") of the City of Boynton Beach calculates the Normal Retirement benefit for each member by determining the Final Average Monthly Compensation of each member of the Plan; and WHEREAS, Final Average Monthly Compensation is determined by calculating the monthly average of the employee's earnings during the highest sixty (60) consecutive calendar months occurring in the one hundred twenty (120) calendar months immediately preceding his normal retirement date; and WHEREAS, "earnings" is defined as gross earnings of the member, including overtime and sick pay; and WHEREAS, it has been determined that, in practice, "earnings" have been computed to also include unused vacation pay when calculating a member's Final Average Monthly Compensation; and WHEREAS, the Board of Trustees for the Plan have recommended that such amendment to the Plan be made in order to reflect the current practice for calculating earnings for Plan members; and CODING: Words in strike through type are deletion rrom existing law; Words in underscored type are additions. Page 1 of 4 H:\1990\900182_BB\ORD\General Employees Pension - vacation pay _doc 9-/J'--<Oð3j,J ð1~ -- ~",~..,~-., ._",""~-,,.>~,.. . " ._- --.. > '~>'---'~'~---"---,.-,,,,< WHEREAS, the Plan has been administered in accordance with this modification, there would be no fiscal impact resulting from making the proposed amendment; and WHEREAS, the City Commission has reviewed the recommendations of the Board and fmds 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 n, Division 4, § 18-111 of the Code of Ordinances of the City of Boynton Beach, Florida, entitled "Nonnal Retirement," is hereby amended to read as follows: §18-118 Nonnal Retirement. .. . (4) In the event of nonnal retirement, the retiring employee shall be entitled to and shall be paid an annuity payable monthly beginning with the month of retirement and continuing until death. The amount of annuity to which the retiring employee will be entitled will be calculated as follows: . " (1) "Final average monthly compensation," for the purposes of this section, shall mean the monthly average of the employee's earnings during the highest sixty (60) consecutive calendar months occurring in the one hundred twenty (120) calendar months immediately preceding his nonna! retirement date if such date falls on or after January 1, 1979, and based upon compensation immediately preceding actual retirement date if nonnal retirement date preceded January 1, 1979, or he elected to continue to contribute after nonnal retirement date as provided in section 18-95. "Earnings" as used in the above sentence shall mean gross earnings received CODING: Words in strike thrO\:lgh type are deletion rrom existing law; Words in underscored type are additions. Page 2 of 4 H:\l 990\9001 82.BB\ORD\General Employees Pension - vacation pay.doc by the employee as compensation for service to the city including unused. accrued vacation pay. overtime pay and sick pay paid in the lump sum at tenuination or retirement but excluding bonuses. . . . 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", "Article" or such other word or phrase in order to accomplish such intention. 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 conflict. 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 shan become effective when the fonowing 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; and b) 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 tenus and provisions of this Ordinance shall become effective. CODING: Words in strike thmugh type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 H:\I 990\9001 82.BB\ORD\GeneraJ Employees Pension - vacation pay.doc -_._---_.._---"-~"~-~- - -- '.--.,'-----~,',-_. _'__,_~""'h""'..~'__~__... ".10- FIRST READING this _ day of , 2003. SECOND, FINAL READING and PASSAGE this day of , 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern ATTEST: Commissioner CITY CLERK Commissioner (CORPORATE SEAL) CODING: Words in strike thTough type are deletion from existing law; Words in underscored type are additions. Page 4 of4 H:\I 990\9001 82.BB\ORD\General Employees Pension - vacation pay.doc 1-' GABRIEL, ROEDER, SMITH 8. COMPANY Consultants & Actuaries 301 East Las Olas Blvd. . Suite 200. Ft. Lauderdale, FL 33301-2254.954-527-1616. FAX 954-525-0083 September 5, 2003 Ms. Barbara LaDue Pension Administrator City of Boynton Beach General Employees' Pension Plan 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: General Employees Retirement System Dear Barbara: We have reviewed the proposed ordinance clarifying that unused accrued vacation pay is included in calculating average final compensation. It has been the System's practice to include such income. Additionally, our Annual Actuarial Valuations include a special adjustment to allow for the inclusion of unused leave in average final compensation. This adjustment is based on the System's own experience. It is, therefore, our opinlon that passage of the proposed ordinance would have no actuarial impact on the System. We welcome your questions and comments. Sincerely yours, {d "- ..~ J. Stephen Palmquist JSP/or _,.__o___...';"¡'--~"'~-< -",..,..... .-'-'0<----. . .,' ~_'-..,. -,-,'...-'.-~, ~. -""".---...". National Conference of Firemen & Oilers SEIU NCFO local 1227, AFL-CIO, ClC SEIU 937 Belvedere Road West Palm Beact\ Florida 33405 - - - - - ... -- --- - ----- - ~. NCFO June 16, 2004 By Facsimile 561-742-6274 Ms. Barbara LaDue Pension Acmünistrator City ofBoyntOD Beach P,O, Box 310 Boynton ~ FL 33425-0310 Re; R~fiÇ3tÌon of Pension Article Dear Ms. LaDue: Please be advised that on May 3,2004. the NCF&O ~ Uni1s ratified the Tentative Pension Agreement reached between the City of Boynton Beach and the Umon. If you sbouIdhave any questions, please call Sincerely, ~~ 7 ~--- . Phone~ 561-366-9513 Fax: 561-366-9554 1'011 Free: 1-888-702-0810 Websi1e: www.lœa1122ï.org ~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.9 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 I, 2004 May 17,2004 (Noon) D April 20, 2004 April 5, 2004 (Noon) D June IS, 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) ~ July 20, 2004 July 5, 2004 (Noon) ("> c:> C>-i .¡:- ~-< C- -<0 D ~ c:: (J" Administrative Legal I '-CD 0 D J ~r¡ C> NATURE OF Announcement New Business N -.:) -< AGENDA ITEM 0 City Manager's Report D Presentation ::..,: ::z: :Þa ÜJ-i :Jt C> 0 Consent Agenda D Public Hearing Oz 0 .-r¡ ...,00 0 Code compliance/Legal Settlements D Unfinished Business 0 -fTI C>:þ - f"T1o :I: RECOMMENDATION: Ordinance on First Reading to amend Chapter 18, Article II of Code of Ordinances to authorize an anoual change in the investment option selected 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 fnods. 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. : DeWne~Pfj:~eOrdinaD:; rero~...' PeœioD Board. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BUlLETIN\FDRMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 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 ALTERNATIVE 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 strike through type are deletion rrom existing law; Words in underscored type are additions. Page 10f3 WK.: 5-19-200311-23-2004 C:\Documents and SettingsILADUEB.CITYILocal Settings\Temporary Internet Files\OLK8\General Employees Pension - DROP investment option. doc _ _ _ .~._~"-,-___."_.~...o,--.,,,,____,,,,"._~..,~<"_.'~<,",.~._.;..._. -~. .._, ~..~-~~--,-,. ~ §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 irrevocable 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 1st. 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", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in strike through type are deletion ftom existing law; Words in underscored type are additions. Page 2 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\LocaI Settings\Temporary Internet Files\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 conflict. 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 rrom existing law; Words in underscored type are additions. Page 3 of3 JFK: 5-19-200311-23-2004 C:\Documents and Settíngs\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General Employees Pension - DROP investment option.doc FIRST READING this _ day of ,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 from existing law; Words in underscored type are additions. Page 4 of3 WK.: 5-19-200311-23-2004 C:\Documents and Settings\LADUEB.CITY\Local Settings\Temporary Internet Files\OLK8\General 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, ~~ J. Stephen Palmquist JSP/or , -- ,---,~,---,_._,..._~,~---~--~------~,--~_._,,-'.-. .'--,~---",..,<--- ,~'..... '-. National Conference of Firemen & Oilers SEIU NCFO local 1227, AFL-CIO, ClC SEIU 937 Belvedere Road West Palm Beach, Ronda 33405 -- Â..__ - -- -- - -- - -- NCFO June 16, 2004 By Facsimile 561-742-6274 Ms. Barbara LaDue Pension AOOrim$tnrtof City ofBoyntoo Beacb P,O, Box 310 Boynton Beach, FL 33425-0310 Re: Rªt!:fiC31ion of Pension Article Dear Ms. LaDue: Please be advised that on May 3. 2004, the NCF&O &rgaining Units ratified the Tentative Pension Agreement reached between the City of Boynton Beach and 1he Un.ion. If you sbou1d have any questions. please caD. Sincerely. n~ Jr . - . . Phone: 561-366-9513 Fax: 561-366-9554 Toll Free: 1-888-702-0810 WebsÎte: wwwJocaJJ227.org ~ XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.l0 AGENDA ITEM REQUEST FORi_ 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 April 5, 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) t83 July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation t83 Consent Agenda 0 Public Hearing 0 Code complíance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Motion to establish an Ordinance related to Florida Statutes Section 287.055, "Consultants' Competitive Negotiation Act" (CCNA), Section 9, in regards to design/build construction projects. EXPLANATION: This Ordinance wiJJ establish the legislative intent ofthe City Commission that the City, and all its constituent boards, authorities, and the like, with purchasing or procurement authority, will comply to the fullest extent with the spirit and mandates of the "Consultants' Competitive Negotiation Act", F.S. 287.055, Section 9, for all 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 wiJJ 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. , j ~//?-~~~ V~c-l Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / l!uman Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING CHAPTER 2. 5 ARTICLE IV. PURCHASING AND CONSULTANTS, 6 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 J} AND AN EFFECTIVE DATE. l2 13 \VHEREAS, 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 l6 WHEREAS, the City has successfully used the DesignlBuild model on a previous 17 ity project which proved fiscal1y beneficial; and 18 WHEREAS, Horida Statute 287.055(9) is hereby incorporated by reference and 19 onstitutes the City's procedures applicable to DesignlBuild 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 cJauses are true and correct and are now 23 atified and confirmed by the City Commission. 24 Section 2. That Chapter 2. ArticJe 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 787.055 9 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. AJJ 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 -,---------~~_..........---.....,....... ~,~'*"""'-~.~_.-..,---»-- ..,.~~..,..;...._- --_"- -,-',",- ,-" 1 Section 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 shall become effective immediately. 6 FIRST READING this _ day of July, 2004 7 SECOND, ANAL 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 27 28 29 ity Clerk 30 31 :\CA\Ordinances\draft ordinance\Amending 2-57 - design build reference.doc Page 6 West'sF.S.A. § 287.055- (9) Applicability to desi~n-buiJd conttacts.-- (a) Except as provided in this subsection, this section is not applicable to the procurement of design-build 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 shall adopt rules for the award of design-build contracts to be followed 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 will 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 firm the procuring agency shall 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 following: 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 [trms 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 [mns and the evaluation of the responses or bids submitted by those [trms 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 [trms, the supervision or approval by the agency of the detailed Copr. © West 2004 No Claim to Orig. U.S. Govt. Works . .~-~ . ~ ~'-<-~-~-~-- ">'-<."< Page 7 West's F.SA § 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 firm 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 ]973, c. 73-]9, § § ] 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. 84-32], § 10; Laws ]985, c. 85-104, § § 23,32; Laws 1985, c. 85-349, § 57; Laws ]986, c. 86-204, § 6; Laws 1988, c. 88-108, § ]; 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. Ju]y 1. 1992; Laws 1993, c. 93-95, § I, eff. Oct. I, 1993; Laws 1994,c. 94-119, § 114, eff. Ju]y 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. Ju]y 1, 1995; Laws 1996, c. 96- 399, § 45, eff. Oct. 1,1996; Laws 1997, c. 97-100, § 38, eff. Ju]y 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, eff. Ju]y 3,2001; Laws 2002, c. 2002-20, § 63, eff. July L 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 of s. 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 rums deemed to be the most highly qualified to perfonn the required services after considering such factors as the ability of professional personnel; past perfonnance; wiHingness to meet time and budget requirements; location; recent, current, and projected workloads of the finns; and the volume of work previously awarded to each finn by the agency, with the object of effecting an equitable distribution of contracts among qualified fums, provided such distribution does not violate the principle of Copr. © West 2004 No Claim to Orig. U.S. Govt. Works CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM B.ll 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 Meetinl!: Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June 1, 2004 May 17,2004 (Noon) o April 20, 2004 April 5, 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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda cg¡ Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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 & 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 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 FISCAL IMPACT: N/A ALtERNATIVES, ~ ~ Developme Dep nt DJrector City Manager's Signature lutJ lA ~ PlanniJÌg and ~ g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Waterside\ANEX 04-002\Agenda Item Request Waterside ANNEX 04-002 7-20- 04,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · . I, 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 7.29 ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 6 LThÆITS WnITllN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION 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 SEP ARA TE 16 ORDINANCES TO BE PASSED SIMULT ANEOUSL Y 17 HEREWITH; PROVIDING FOR CONFLICTS, 18 SEVERABILITY, CODIFICATION AND AN 19 EFFECTIVE DATE; PROVIDING THAT THIS 20 ORDINANCE SHALL BE FILED WITH TIffi 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, ILC, 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 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 wiJ], 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, Rorida and Section 171.044, Rorida Statutes the foJlowing described 9 unincorporated and contiguous tract of land situated and lying and being in the County 10 of Palm Beach, Rorida, to wit: 11 A PARCEL OF LAND IN SECTION 4, TOWNSHIP 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 ADDmON" ACCORDING TO THE PLAT THEREOF AS 16 RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC 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 SOUTHWESTERLY ON THE ARC OF SAID CURVE, WTIH 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. mGHW A Y NO.1 (STATE ROAD NO.5), SAID 34 INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCA VB 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 · . I i 1 ARC OF SAID CURVE, WITH A RADillS 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 RIGHT-OF- WAY 12 LINE OF THE INTRACOASTAL W ATERWA 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 determined as contemplated in Section 27 71.162(2), Florida Statutes. 28 Section 4. All 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 e 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\ürdinances\Planning\Annexations\Waterside Annexation.doc -,- -.--.-.---..-.,---- _,_ __~~__ ~ _,_~__ _..,_.__ 0_. _,_,__~__, _ 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 each, 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 ,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 TrEST: 25 Commissioner 26 27 City Clerk 28 29 S:\CA\Ordinances\planning\Annexations\Waterside Annexation.doc CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM B.12 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office o April 7, 2004 March 15,2004 (Noon.) o June I, 2004 May 17, 2004 (Noon) o April 20, 2004 April 5, 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) [g July 20, 2004 July 5, 2004 (Noon) 0 Administrative IZJ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda IZJ Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recormnended that the subject request be approved. 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 Commercial High Intensity and Medium Residential (Palm Beach County) to Special High Density Residential. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Develo~f lty anager sIgnature -ltJ --r ~ Planning and Z~ rrector City Attorney / Finance / Human Resources S:\Planning'SHARED\WP\PROJECTS'Southern Homes of Palm Beach\Waterside\LUAR 04-OO2\Agenda Item Request Waterside LUAR 04-002 amend 1st reading 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · . Ii i 1 ORDINANCE NO. 04- 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 DESIGNA nON 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\Planning\Land Use\Waterside Land Use.doc ..._-~~--~--~_._-,~-"--'-- 1 incorporated herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 foJJowing: 4 That the Future Land Use of the foJJowing described land shaJJ be designated as 5 Special High Density Residential (SHDR). Said land is more particularly described as 6 foJJows: 7 A PARCEL OF LAND IN SECTION 4, TOWNSHIP 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 ADDITION" 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 A TERW 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 CUR V ATURE 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 RIGHf-OF-W A Y 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 PARA I .T .RI . WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF 38 S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc · . 1 SAID SECTION 4; THENCE NORTH 89°18'46" EAST ON SAID PARALLEL 2 LINE 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 liNE OF THE INTRACOASTAL W ATERW A Y; THENCE SOUTH 05°26'06" 8 WEST ON SAID WESTERLY RIGHT -OF- WAY LINE 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 shan be amended accordingly. 17 Section 4: An ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. 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 chanenge, 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 _ day of ,2004. 29 S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc ,'-~---.,--.,-"~,_.~,~~>.. -,----.- .-_._---~.'. 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 A TrEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 S~\CA\Ordinances\P1anning\Land Use\Waterside Land Use.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.13 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 Apri17,2004 March 15, 2004 (Noon.) o June I, 2004 May 17,2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) o June IS, 2004 May 31,2004 (Noon) o May 4, 2004 April19, 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) 0 Administrative [8J Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda [8J Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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 Commercial (palm Beach County) and Multi-Family Residential to Infill Planned Unit Development (IPOO) in connection with the request to build 113 fee-simple townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ DevelO~ 2J~ City Attorney / Finance / Human Resources Planning ànd Zo· Director S:\Planning\SHARED\WP\PROJECTS\Southem Homes ofPalrn Beach\Waterside\LUAR 04-002\Agenda Item Request Waterside LUAR 04-002 rezone 1st reading 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, 5 REGARDING THE APPUCA TION 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 21 WHEREAS, Southern Homes of Palm Beach, lLC, owner of the property 22 ore particularly described hereinafter, has heretofore filed a Petition, through its 23 gent, Carols J. BallbelKeith & Ballbe, Incorporated, pursuant to Section 9 of 24 ppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for 25 e purpose of rezoning a tract of land consisting of approximately 7.39 acres, said 26 nd being more particularly described hereinafter, from GC General Commercial 27 d Multi-family Residential (Palm Beach County) to Infill Planned Unit 28 evelopment (IPOO); 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 :\CA\Ordinances\Planning\Rezoning\Rewning - Oceanside. doc -_. - ...--' ...."" ~"'_'~--=''''-'-''- '-. .__-.~.~ O~""'__"_ ~. 1 he property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is 3 onsistent 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 Section l. The foregoing Whereas clauses are true and correct and 11 ncorporated herein by this reference. 12 ection 2. The following described land, located in the City of Boynton Beach, 13 orida 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 STERLY 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°18'46D 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 OUTHWESTERL Y 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\Rewning - 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 Infill Planned Unit Development (IPOO). 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 , 2004. 35 36 :\CA\Ordinances\Planning\Rezoning\Rezoning - Oceanside.doc - .-"'-,..'~ -'-'.,----~.,.<-.,:+-'" ~--$~~~,~......',.-." . "<.--..'~. ..-> ~., ,~.. ~, SECO , 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 TrEST: 19 20 21 ity Clerk 22 23 Corporate Seal) :\CA \Ordinances\Planning\Rezoning\Rezoning - Oceanside.doc CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM 8.14 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 o April 7, 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 3 1,2004 (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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda ~ Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-166. EXPLANATION: PROJECT: Comprehensive Plan Text Amendments (CPT A 04-004) Figure 4-Functional Classification of Roadway Map OWNER: City-initiated DESCRIPTION: Request to update Transportation Element data and analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALnRNA~~ ~ Dovelopment D_ k rot f.:Æ~eetot City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CPTA\04-oo4 Funct.Class Map\Agenda Item Request Comprehen.Plan Text Amend. CPTA 04-004 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · . J 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORlDA APPROVING THE PROPOSED 5 AMENDMENT TO THE FUNCTIONAL 6 CLASSIFICATION OF ROADWAYS MAP IN THE 7 SUPPORT DOCUMENTS FOR THE 8 TRANSPORTATION EIEMENT OF THE 9 COMPREHENSVJE PLAN; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the existing Functional Classification of Roadways Map 14 (Figure 4) attached as Exhibit "A" in the Transportation Element support 15 documents was amended with the EAR related amendments in June 2000; and 16 WHEREAS, the map was based on the Palm Beach County Functional 17 Classification Map from 1996, however since that time the County's map has 18 been updated using a different legend than that used in earlier versions of the I 19 map; and 20 WHEREAS, staff is also recommending the addition of two local streets 21 to be designated "Local Collector" roadways, a classification that does not 22 appear on State or County maps since the designation of Local Collector roads is 23 a prerogative of the City, and those two streets are Southeast 4th Street between 24 Boynton Beach Boulevard and Southeast 12th A venue, and Martin Luther King 25 Junior Boulevard between Federal Highway and Seacrest Boulevard; (see 26 Exhibit "B"); and 27 WHEREAS, the designation of these two roadways will suppoprt 28 redevelopment through implementaiotn of redevelopment plans and future 29 rezoning of parcels fronting on these roadways to the Mixed Use-Low Intensity S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc ,'___.< _--.o,-"-~_____~__.""""",,,,,~..~,,~_" --'_~.~'_~_....~~.~..-..-.'...~....-~~._~_ ~.___ ~""~"_ ._,>___=,>__~~-__"""...._C._Lo ,_.~,,~__~____~, <Or 1 zoning district will allow redevelopment of these properties to occur at a 2 maximum of forty-five fee (45') in height and up to twenty dwelling units per 3 acre; and 4 WHEREAS, this intensity of development is consistent with adopted 5 redevelopment plans for the areas and is not intended for parcels with frontage 6 on local streets; and 7 WHEREAS, staff recommends approval of the proposed amendment tot 8 the Functional Classification of Roadways Map (Figure 4), found in the Support 9 Documents for the Transportation Element of the Comprehensive plan. The 10 amendments to the map utilize the same designations used by Palm Beach 11 County and the designation of two segments of roadways as "Local Collector" 12 roads will enable redevelopment of two areas of the City consistent with adopted 13 redevelopment plans. 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY 15 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 16 THAT: 17 Section 1. The foregoing Whereas clauses are true and correct and are 18 now ratified and confinned by the City Commission. 19 Section 2. That the Functional Classification of Roadways Map, 20 found in the Support Documents for the Transportation Element of the 21 Comprehensive Plan is hereby amended to utilize the same designations used by 22 Palm Beach County and the designation of two segments of roadways as "Local 23 Collector" roads to enable redevelopment of two areas of the City consistent S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc · . i 1 with adopted redevelopment. 2 Section 3. All laws and ordinances applying to the City of Boynton 3 Beach in conflict with any provisions of this Ordinance are hereby repealed. 4 Section 4. Should any section or provision of this Ordinance or any 5 portion thereof be declared by a court of competent jurisdiction to be invalid, 6 such decision shall not affect the remainder of this Ordinance. 7 Section 5. This Ordinance shall become effective immediately. 8 FIRST READING this _ day of July, 2004. 9 10 SECOND, FINAL READING AND PASSAGE this _ day of 11 - 2004. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 I 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 Commissioner 29 ATTEST: 30 31 32 City Clerk 33 34 35 36 S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc ··_·'''--'~'~_~''~·''''~''''''''''''-''r''''''_~__''~_~·__''''''''~~''''''__''·__'~_· ., -___'~ __ ,~____~,,____......___,_....~"""..'""''-''~__.-.e....',._~_..~._ < EXHIBIT "A" HYPOlVXO FÐ CN eM ~ ~ I '04 i j ~ ~I I ~f5 lit , ð ii as- %! --u' u I u u fj IIIHÐ\ IÐ ItJItDI II) cc _l __ C Ii (, I l2 AVE H CC ! u ,Il u ~ ð )( f 8r III ~ u u ~ I(, CLD Icrnnœl 10 CC CC - " · S)f · Bl YO SH · ~ $If IIOYHTOtf : 8 CH SM i i ~ " -c ...., " u ~ l5 ...... u i IIOOlBAIGIfT R) ~ ~ 'J ...... CC CC 13 AV£ S ~ ~ ..J , Ii! ts I - LEIEKD ~ - tjcx Tð Scale 51! - STAn PRINCIPAl AR1ERIALS 9( - STATE MIH~ ARTERIAl! C)I - CIUfTY MINOR ARTERIALS SOURCE: 1996 Compo Plan E.A.R. cc - CIUfTY CtU.EC1OAS C - CIty CŒ.l£C1ORS L - LOCAL CŒ.lEC1tR1 - HOT C»( STAlE CUSSIFICATIOH BOYNTON BEACH COMPREHENSIVE PLIJI Lame Planning & Management Se~ces~ Inc. Functional Classificati?n of Roadways Fort Myers, Florida, 2000 " - FIGURE 4 , u.IIIN EXHIBIT "Bu t .." II rL- I "ál ., . I Lr' L-1 . [-' 1 .. ---'7 _...;..1 I , .._.J L-.. I f I 1 I I . I .Jr B~d J . I j Z 0 :t ~ ! IJ.IIIN '-' · c ; · · ) ~ . -..-.( n r---- 0 :f z f I I I . I -L . ..---..------..-----..- LEGEND .+ U.PMP~~~.,m..~þ u . ItAO: It Art8rIaI . otIIer U . 11.111 lllnor ArterIId U . COLLI Collector L ISO 1.700 3AOO 1.100 ..Met L . LocIII CoII~11I -not on state cr...lßcatlon BOYNTON BEACH COMPREHENSIVE PLAN FIGURE 4 FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000-2010 --~-.-_. <...._..,--"'--""~,-',~._,=,-_.._-- . -----'....=-",~"-"-'''-.".,.,~'.-----~-,<>- CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM B.15 Requested City Connnission Date Final Fonn 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 7,2004 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) [g July 20, 2004 July 5, 2004 (Noon) D Administrative [g Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation D Consent Agenda [g Public Hearing D Code compliance/Legal Settlements D Unfinished BuSiness RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Connnunity Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-163. EXPLANATION: PROJECT: Transportation Concurrency Exception Area (TCEA) (CPTA 04-003) OWNER: City-initiated DESCRIPTION: Request to amend existing and add new Objectives and Policies in the Transportation Element designating a portion of the Community Redevelopment Area as Transportation Concurrency Exception Area (TCEA) to facilitate development and redevelopment of properties located within the TCEA. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Develo City Manager's Signature ·0.U7/l -~ City Attorney / Finance / Hwnan Resources Planning and ZoñiJ{g irector S:\Planning\SHARED\WP\SPECPROJ\CPTA\04-OO3 TCEA\Agenda Item Request Transportation Concurrency (TCEA) CPTA 04-003 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I ! i 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING THE 5 TRANSPORTATION ELEMENT OF THE 6 COMPREHENSIVE PLAN TO EST ABUSH A 7 TRANSPORTATION CONCURRENCY EXCEPTION 8 AREA (TCEA) IN A PORTION OF THE CITY'S 9 COMMUNITY REDEVELOPMENT AREA; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, 14 Florida ("City") has adopted a Comprehensive Plan, and as part of said plan, 15 adopted Goal 2, Transportation Element Goals, Objectives and Policies; and 16 WHEREAS, over the past several years, the Community Redevelopment 17 Agency has initiated several redevelopment plans with the intent to build a 18 livable, sustainable community and provide a catalyst for redevelopment and 19 growth within the Community Redevelopment Area (CRA); and 20 WHEREAS, the redevelopment plans promote and increase residential 21 densities and commercial intensities in an integrated mix of land uses than 22 enhance non-automobile modes of travel; however we are aware that the 23 redevelopment plans will ultimately generate additional vehicular traffic impacts 24 on the transportation network in the downtown and surrounding areas; and 25 WHEREAS, the establishment of a Transportation Concurrency 26 Exception Area (TCEA) for a portion of the CRA will give the City and the 27 Agency an essential tool to meet the goals of infill development and 28 S:\CA\Ordinances\Planning\TCEA Camp Plan Amendment.doc 1 . ,....._"..-.......-__'~,~<;o.__._-~,y_'._' _.'._ _~....""'....~..,-~... =b _~""" ->_-«-_. ,~< ," ~ ~-~"o." _.0'-, _"--_"'-'" '. . --,-, .-."",''-'....-,--- -' ~ 1 redevelopment while minimizing the negative consequences of transportation 2 concurrency; and 3 WHEREAS, staff recommends approval of Comprehensive Plan Text 4 Amendments to establish a Transportation Concurrency Exception Area (TCEA) 5 in portions of the Community Redevelopment Area of the City to give the City 6 and the CRA an essential tool to meet the goals of infill development and 7 redevelopment while minimizing the negative consequences of transportation 8 concurrency. 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY 10 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 11 THAT: 12 Section 1. The foregoing Whereas clauses are true and correct and are 13 now ratified and confirmed by the City Commission. 14 Section 2. That the Comprehensive Plan, shall be amended by 15 adding the words and figures in underlined type, and by deleting the words and 16 figures in struck -through type, as follows: 17 SEE EXHIBIT "A" ATTACHED HERETO 18 Section 3. All laws and ordinances applying to the City of Boynton 19 Beach in conflict with any provisions of this Ordinance are hereby repealed. 20 Section 4. Should any section or provision of this Ordinance or any 21 portion thereof be declared by a court of competent jurisdiction to be invalid, 22 such decision shall not affect the remainder of this Ordinance. S:\CA\Ordinances\Planning\TCEA Camp Plan Amendment-doc 2 r 1 Section 5. This Ordinance shall become effective immediately. I I 2 FIRST READING this _ day of July, 2004. 3 4 SECOND, FINAL READING AND PASSAGE this _ day of 5 - 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 30 S:\CA\Ordinances\Planning\TCEA Comp Plan Amendment.doc 3 > .. __.'~__"~""'-""-'______________""""__''''''-=--=---_=-''A~~'''''''.___~'_''~ '...$_'_" .~ ~,_.,_.~......,,",---..- -'~,.""",..«-~>,=~......_,""'~----~-"''''' 'c___'_' City of Boynton Beach Transportation Element Goals, Objectives, and Policies GoaZ2 To develop and maintain a transportation system which will serve the transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multi-modal transportation options, such as I walking. bicvcling, and transit. Objective 2.1 The City shall continue to provide a motor vehicle I transportation network based on the following minimum level of service standards. except within the transportation concurrency exception area (TCEA)and desienated constrained roadways at a lower level of service (CRALLS): · Level of Service "(;D" or better Imder daily and peak hour conditions on all unspecified City and collector highway facilities. · Level of Sérvice "C" for average daily and Leyel of Service "D" for àaily-peak season aRd year rouBd peak hour conditions on all B&!!,!!specified arterial facilities. · Level of Service ''0'' for year FOHnd daily and peak hour conditions on Seaerest Boulevard south of SE 23rd "'\ veRue, US I between Boynton Beaell Boulevard and 'i\' oolbrigIJt Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd A venue between Congress A venue and 1-95, Congress A venue between Boynton Beach Boulevard and NW 22nd A venue and Boynton Beach Boulevard east of 1-95. OLevel of Ser\'iee "Maintain" I 95 from Boynton Beach Boulevanl to W oelbright Road, BeYßton Beach Boulevard frem Old BerBteB Road to I 95, CORgress A veURe from BOYBton Beaeh Boulevard to the south City limits 8Rd Hypolux.e Road east of I 95. Policy 2.1.1 The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of ~ adequate motor vehicle transportation facilities needed to maintain the minimum level of service adopted by the City, except projects located within the transportation concurrency exception area (TCEA). Policy 2.1.2 The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special ~ lIA /. Transportation Areas" for those roads with operational standards less than Level of Service "D:' including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadwavs At a Lower Level of Service (CRALLS). Policy 2.1.3 The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and Constrained facilities. except within TCEAs and CRALLS, and not I cause adopted level of service standards to deteriorate on other roadways. Policy 2.1.4 The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Perfonnance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. Policy 2.1.5 The City shall continue the enforcement of the adopted County- wide Traffic Perfonnance Standards Ordinance, and confonnance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. Polic 2.1.6 Polic 2.1.7 '-"~'"'--"'''-~-='''''''--- 10.'--""-" ·__.<~'___""'''''''''''''"'''''''''''''''''~''"-';<~'''''''''_~'''''''''£-''''.n'''"''''·'''' ~"""'"... - ..~.""",,=,,--. ·..·-·1..· Policy 2.1.8 Development approvals utilizing the TCEA shaH remain at or below the maximum allowable limits for units. square footage, total daily nips and total p.m. peak hour Hips set by Table TE-l. No building permits shall be issued for new development when the applicable maximum allowable limit for that development is reached. TABLE TE-1 BOYNTON BEACH CRA - TCEA PLANNED DEVELOPMENT THRESHOLDS Allowable land Use Intensities Residentiall Other Rental Hotel Industrial Office Non- Units Units residential Planned Land Use Totals 7,775 500 235,000 1,970,000 1,450,000 Allowable variance +/- % 15% 25% 10% 10% 10% Maximum Allowable 8,941 625 258,500 2,167,000 1,595,000 Minimum Allowable 6,609 375 211,500 1,773,000 1,305,000 Allowable Vehicle Trips Daily Traffic PM Peak Hour Traffic Planned Land Use Net New Trips tbd tbd Allowable land Use Ratios ResidentiaV Residential! Office Other Non-Residential Maximum Allowable Ratios 5.0 5.9 Minimum Allowable Ratios 3.0 3.6 Policv 2.1.9 The Cit shall annuall Boulevard and U.S. Palm Beach Count feasible. Pol ic 2.1. 10 Be innin with the March 1 2007 annual re ort and at the end of ea h re ortin eriod thereafter the cumulative ratio of a roved residential un ts to 1 000 uare feet a roved office and other non-residential uses sh II remain between the maximum and minimum allowable ratios identified n Table TE-1. Objective 2.2 The City shall continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan. Housin2 Element. I and Coastal Mana2ement Element. Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. Policy 2.2.1 The City shall continue to establish and maintain an updated prioritized listing of short tenn (2005), mid-tenn (2010), and long tenn (2020) transportation improvements for use by the City. Policy 2.2.2 The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. Policy 2.2.3 The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. Policy 2.2.4 The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or otherwise lagging road improvements. including pedestrian. bicycle. and community transit projects. particularly within the TCEA. Policy 2.2.5 By January 2005. the City. through the CRA's Direct Incentive Program and its Affordable Access component. shall implement a program to make affordable housing available to low-to moderate income households (with incomes of 80% to 100% of median household income in Palm Beach County) in the TCEA. The affordable units in this program must remain affordable for a minimum period of 10 years. The City shall continue implementation of the policies under Obiectives 6. L 6.3 and 6.6 of the Housing Element of the Comprehensive Plan to 'Provide other programs benefiting very low. low and moderate income households. The City will also insure that 5% of new or rehabilitated housing within the TCEA area is available for occupancy by these households. with pricing consistent with SHIP guidelines. and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordability of housing within the TCEA by January 2006. Policy 2.2.6 The City shall annually demonstrate hurricane shelter space availabilitv for at least 20% of the population increase within the TCEA associated with hotel/motel and residential developments within the hurricane vulnerabilitv zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability. the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner. The City shall also participaté in a long-term. Countywide. comprehensive shelter program coordinated with public. private. non-profit -.--~-~:-'---.--~,_-.......... '''''''_'_'~N'''''''_~--'''''______''' _,~ ' _ ...,.~.....' ~>,.....,.-..,~.......""."..."..,,,<-=--~,,,-~,,",-,,,-<, ,.".-,. -.. ,_ ,. _d~>O___' .... organizations to ensure adequate shelter space is available for the Jong- I tenn needs of the TCEA and the County. Objective 2.3 Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address themed for any capacity or traffic calming/safety- related road improvements on an as needed basis. Measure: Number of case studies performed; Number of safety related improvements implemented. Policy 2.3.1 The City shall perform a traffic count and special traffic studies for local streets and collector roadways on an as needed basis. Objective 2.4 The City shall develop and maintain a safe, convenient,.-aød cncrgJ' effieient multi-modal transportation system. includine walkine. bicvcline. and public transit. which will meet future as well as current transportation needs. particularlv within the TCEA and the CRA. Measure: Number of SOY auto trips eon"erted to traRsit trips as estimated by peak hour load factor. Transit ridership within the TCEA and the CRA. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. Policy 2.4.1 The City's engineering and police department shall continue to investigate local high crash locations to identify potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). Policy 2.4.2 The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. Policy 2.4.3 The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.4.4 The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. Policy 2.4.5 The City shall, by the year 2002, modify and enforce regulations to I include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive turn lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). Policy 2.4.6 The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands I and needs. Policy 2.4.7 Bv January 2007, the City shall complete an inventory of existing sidewalks on all arterial. collector and local streets within the CRA and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.4.8 The City shall request that sidewalks be installed and/or repaired as part of anv State or County roadway widening or improvement project. Policy 2.4.9 The City shall work with the FDOT and Palm Beach County to provide traffic control and design features to enhance pedestrian activity along all State and County facilities within the designated TCEA. PoJicy 2.4.10 The City acknowledges that in order to provide traffic circulation and transportation infrastructure consistent with the reQuirements of the TCEA. it will be necessary to augment the existing local transit circulator system By January 1. 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route alignments. infrastructure needs. headways, hours of operation. and other service characteristics. The City and the Bovnton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment projects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1. 2007, then the City shall conduct a monitoring studv for such ~lementation every two years. This monitoring study shall be submitted to the County Engineer and Planning Director on March 1, 2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwise allow additional delay in implementing the transit circulator plan. . '~--'---"".-"'-.'- ,",,-,'><-~~'"'~" ,-,....----,_..,~,-'--,,--------.-...-=-_...""",'-~,..,...->~"-~----=-." - -'.._'.....-,~-=~------"""..,,'~.~,_._.~-,~~..._=..-....- Poljcv 2.4.11 The City shall inventory and prioritize enhancements for transportation proiects within the boundaries of the TCEA in the City's Five Year Capital Improvements Program. Policy 7.4.17 The City shall promote a variety of transportation choices within the Community Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA boundaries: low speed tuming radii~ new continuous and permanent on-street parking: pedestrian-scaled lighting~ nan'ow travel lanes; curb extensions or bulb outs; installation of shading street trces; bus stops and other transit enhancements; widening sidewalks: installation of bicycle lanes: and use of bllCk crosswalks. Policv 2.4.13 All streets within the CRA shall. where feasible, include sidewalks on both sides. Policy 2.4.14 The City shall continue to monitor the activities of the South Florida Regional Transportation Authority (SFRTA), particularly related to the FEC passenger service initiative and the City's support for the initiative. Policy 2.4.15 The City shall investigate the opportunity for expanding the Palm Beach water taxi service to include stops in Boynton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is detennined to be feasible in the southern portions of Palm Beach County. Policy 2.4.16 The City shall create and seek opportunities for grade separated crossings along maior conidors, when feasible. Objective 2.5 Explore all legally defensible alternatives for protection of public right of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent to performance review. Policy 2.5.1 The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. Policy 2.5.2 The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. Policy 2.5.3 The City shall modify and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Department of Transportation and/or Palm Beach County when corridor right-of-way maps are filed with the Palm Beach County Official Records Division. Policy 2.5.4 The City shall review and modify regulations to provide safe and efficient onsite circulation and parking for all vehicles if subsequent analysis determines that on-site design produces unsafe conditions. Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements: includim! bicycle. pedestrian. and public transit infrastructure. particularlv within the TCEA. Measure: Amount of private sector bighway impr8vemeRts I contributions toward transportation enhancements. Policy 2.6.1 The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. - .-,.---'- .......~- y &4" ~ .....':.-"". ~J'"'''' ''__ A_'"",",_~'__'~' '. "_""__~"T~ _~... ~;,,-._,~=,_~~,,>-."j--_~ Policy 2.7.1 The City shalI promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with particular emphasis on developed roadways such as US 1, or projected overcapacity arterial or colIector roadways such as Congress Avenue and arterial or colIector segments adjacent to 1-95, as welI as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. Policy 2.7.2 The City shall, if necessary, consider capacity improvements to US 1 and Boynton Beach Boulevard through restriping of the existing pavement~ this effort shalI be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Policy 2.7.3 Transportation Demand Management: , , Policy 2.7.4 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). I Policv 2.7.5 Bv 2006. the Citv shall amend the land development regulations to include transportation demand management requirements for maior developments within the City and particularly the TCEA. This may be accomplished through cooperation with the TMI. Policy 2.7.6 By 2006. the City shall develop transportation system management strategies to more effectivelv manage the transportation svstem including. but not limited to. parking management strate~ies. signal timing coordination. and programs that increase walking and/or bicycling. Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures: Decrease in ayerage "ehicle delay on City roadwa)'~; Increase in auto occupancy or car pool users. Adoption of a trip reduction and/or transportation demand mana2ement (TD:M) ordinance or establishment or participation of a transportation mana2ement initiative (TMI) Policy 2.8.1 The City shaH continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. Policy 2.8.2 The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. Policy 2.8.3 The City shall continue to support the Tri-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Tri-Rail to Florida East Coast Railroad upon feasibility of such. Policy 2.8.4 The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not fund this program). Objective 2.9 The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure: Increase in facilities which meet the criteria below. Policy 2.9.1 The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. Policy 2.9.2 The City, in conjunction with the recommendations from the Boynton Beach20/20 Redevelopment Master Plan, the plan shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. Policy 2.9.3 The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within .- 'I"R' .,. - ...~-=- '_.._ _<___ ''=-o,___""'·'-">_'-_v _~~ ~~__._.....,__,,~..o.::.""'",.~ ..............._ _...'....-¿...,>,'"'..."~""""...~_'~~~,'~ _ ~~ ,_~.._ and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.4 The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. Policy 2.9.5 The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. Policy 2.9.6 The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20120 Redevelopment Master Plan. Objective 2.10 The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and utilize the resulting plans to update the City's Transportation Element as appropriate. Policy 2.10.1 The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five-Year Transportation Improvement Program. Policy 2.10.2 The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. Policy 2.10.3 The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. Objective 2.11 The City shall continue to assist Palm Tran in providing efficient mass public transit services based on existing and I future trip generators and attractors and also provide local mass public transit road and terminal areas which are safe for transit users. Policy 2.11.1 The City shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. Policy 2.11.2 The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development projects. Policy 2.11.3 Reserved. Policy 2.11.4 The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule infonnation. Policv 2.11.5 As part of the transit study in Policy 2.4.10 and in cooperation with Palm Tran. the City shaH evaluate transit service within the CRA boundaries and identify needs for route realignments and/or bus stop improvements such as weB-designed shelters, bicycle parking, route information, benches. waste receptacJes, pedestrian access to stops/shelters or the need for new bus stops. Based upon the conclusions of the transit study, the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. Policy 2.11.6 Increase the City's public transit mode split for work trips to four percent as an effort to reduce motor vehicle use and traffic congestion. Based upon the 2000 Census, the public transportation mode split was 1.53 percent of all work trips by Boynton Beach residents. Ob iective 2.12 Promote a pedestrian- and bicycle-friendly environment bv providine: adequate facilities. such as wider sidewalks. buffers from travel lanes. shade trees. shorter crossine: distances. lie:htine:. refue:es in lare:e intersections. bike lanes. and bicvcle parkine:. for pedestrians and bicyclists. Measure: Lene:tb of sidewalks provided. lene:tb of bicvcle paths and lanes provided. and lene:th of multi-use paths provided in the City. PoJicy 2.12.1 Promote a pedestrian-tìiendly environment on streets within the TCEA and the CRA by providing adequate and comfortable facilities. Policy 2.12.2 By January 2007, the City shall complete an inventory of existing bicycle facilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policv 2.12.3 By January 2005, the City will complete a citywide bicycJe facilities study for providing an interconnected bicycle system with the City that connects local residents and visitors to the area with major destinations. .,- --"--'~-~~"'-~"""'-"'~~--'-~ ~_.....--=._-......--~...._~ > ->', . ' _.~. ~.~"'.~ '~-""".~"", . >--. - -. - ~.__, ..,'__,........,~ ~'.~~_._,-.,., ''-- _-t. Policv 2.12.4 By January 2007, the Citv shan identify all street segments within the TCEA and the CRA that are not currently designated with in- street bicycle facilities and determine the most appropriate design to accommodate such transportation, where appropriate. Policv 2.12.5 By January 2007, the City shall conduct an inventory of the existing major street network within the TCEA and the CRA to identify hazards and barriers to bicyclists and prepare a plan for removing or mitigating such impediments. Policy 2.12.6 The City shall provide routine maintenance programs for all designated bicycle and pedestrian facilities within the TCEA. Maintenance shaH include. but not limited to. sweeping of bicycle lanes. and fIlling potholes. Policy 2.12.7 Increase the number of work trips by bicycle within the City by one percent by 2010. Based upon the 2000 Census, work tri{>s by bicycle accounted for 0.45 percent of all trips by Boynton Beach residents. Figure 2 Proposed TCEA Boundary V I Boynton Beach "0 ......... (C-It{j . /'\.1 II I II II 11111111111111 I Ul:I III" III r~ iíÆ r¡¡m,~',:-C~ .~ I l ~~fH!Effi Ó"~ ~ '~ .æ EIHffiHlmffi ffiIfl9 fH!Effi ~ -=r III I ~ !ì) II 1111111111111 I fIITTTITl m ~ I ITTT7 ¡fiII!îIij III III 111111 lilY [I H2IiIffi!IiIiJ ~ ~ 111/ 11111111111111111 1111 ~ ~ 1111 1111 II I g -II I I 1 , IIIIIIIIIIIIICIIIII rub I ~oo ~ ~ -y ill ~ ¡- I III IIlInTTTIl. J ~ Q \.JIIII ==1ffiPJ9~~ ~ [~ . LB ~ == :ø FI I ~ b I = []JI[] "t _tIiJ £ ,." 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II II/H'£7. 1IIHIIf.ïIJ!±E:HJ tffiîIæI3 ffiiIHiIIB ~ 111,','11111 m I I r " , ,1 /)' 11 TTrL, 'V, IB"IIIIIIIIIIIII~EHmB9 ~~~~' 1- v I II III) - '"11 """ . p II:' ~~# EIHHE EffiHB ßIIffiîIIî ffiffi9J ~ I c'Jh. ~ f H /I ~ (;"" )--,~J= ~E8HB8tEE3~ TTl' 1:-1 ,I [ Source: GIS information provided by . the City of Boynton Beach O__~_"" '_' _. -,-~."",~-",...;"....,.......~------..-";---"""<-- --- --'. CITY OF BOYNTON BEACH XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM 8.16 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 o April 7,2004 March 15,2004 (Noon.) o June I, 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) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda ~ Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 7 to 0 vote, recommended that the subject request be approved. 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: FISCAL IMPACT: ALTERNATIVES: ~;- Deve W~ City Attorney / Finance / Human Resources PI~g and nmg Director S:\Planning\SHARED\WP\PROJECTS\Promenade\REZN\Agenda Item Request Promendate REZN 04-002 7-20-04.dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, 5 REGARDING THE APPUCA TION 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-IllGH 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 j 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 18-- .säíaCTfy;-a-rid---------H----- ---------------- - - - .----..-,-------- _._'--'------~_.. 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\PIanning\Rewning\Promenade Rewning_doc ___,~__~________.~'_,__.. _......~,____"-""~.'--..~..._,__u_.. _. ~.,,_~. ',,' ,'",--.~_""",_.._,._'__,',A~~ __'~__'w~~ ='" .__,..,v,'_. · 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public 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 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton 11 Beach, Florida as set forth as follows: ,-.------- - __ -.-'-0 .. ._'_.~. . ~,__ .._~ '. ._,_'_'_'__,--- ,~. "~--__.. ~',~'p-r~~,,___ --~_._____'___'___,'_~___,-'~_____ _ _, ~__,_~.....,.-,__ -' ----,-- 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 follows: 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 line 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\PIanning\Rezoning\Promenade Rezoning.doc 1 this Ordinance by reference. 2 Section 3. That the aforesaid Revised Zoning Map of the City shall 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 thereof 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 shall become effective immediately upon passage. 10 FIRST READING this _ day of ,2004. 11 S_EÇOND, FINAL READING and PASSAGE this _ day of ! 2Q04:. 12 CITY OF BOYNTON BEACH, FLORIDA 13 I 14 I 15 Mayor i 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\RezoniDg\Promenade Rezoning.doc ----~,'~-~_.....~ ''¡ r jo'_ft'-";~"" .._.~........_~~....;,~~~-"""",--,.>.,.' >,.«..~~--""",,"-,..~,--~,>,-.., .,.. " PROMENADE LOCATION MAP . . CBD HE 4TH AVE C-4 'CBD 0 CD CBD BOYNTON BEACH BLVD ; I CBD '·.·1 CBD CBD z MX-H' Ø) ... ~' n N 55/3 F w+.. s o 50 , 100 200 300 ,40~ t - - ~e -'-'- .' ~o~.'_, ~_-,"".""",._....~,...~ ,._~¥...__~___~_~.......-.>.,¡,----",~,~"___""._~_.,,,,,,_ XII. - LEGAL CITY OF BOYNTON BEACH ITEM C.t 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 o April 6,2004 March IS, 2004 (Noon.) 0 June I, 2004 May 17, 2004 (Noon) o April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) o May 4,2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) o May 18,2004 May 3, 2004 (Noon) [gJ July 20, 2004 July 5, 2004 (Noon) o Administrative [gJ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation o Consent Agenda 0 Public Hearing o Code compliance/Legal Settlements 0 Unfmished Business RECOMMENDATION: To approve a Prelioùnary Rate Resolution for the Fire Assessment EXPLANATION: The staff has analyzed the projected revenue needs for the Fire Assessment for FY 2004-2005. The City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2003- 2004 levels so as to not increase the rate for single-faoùly and commercial properties. The methodology for assessment of non-residential is the same as the 2003-04 rate system (tiered rate system). Once the City Commission has adopted a preliminary rate resolution, the notices to property owners will be sent out. A public hearing on the final 2004-05 Fire Assessment rate will be conducted on Tuesday, September 14, 2004. At that time the City Commission may elect to affirm the 2004-05 Fire Assessment Rates or reduce them. PROGRAM IMPACT: This is the legal requirement to establish the basis for the formal public hearing on September 14,2004. FISCAL IMPACT: The single-faoùly residential rate stays at $70. The multi-family rate stays at $42. The Commercial and Industrial rates at the same tiered rates as 2003-04. The retaining of the current rate structure is an integral element in insuring adequate funding to continue with the Fire Rescue capital expansion program. ALTERNATIVES: Capital construction funds for the relocation of Fire Station No.2 and the construction of Fire Station No.5 (which includes Fire Adoùnistration headquarters) would need to be obtained through borrowing. Also, alternatives to the program include suspension of the program with completion of Station 4 (SE). Operating funds to ~~~ tbe SE nation wçable witbont General Fnnd bndg4 Incr..,e in tbe City property tax L(, ent Head's Signature ity M~S Signature ~fj:(L¥M?u~ Department Name CIty A ey / Finance / Human Resources Fire Rescue Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC NABORS, GIBLIN & NICKERSON, P .A. ATTORNEYS AT LAW SUITE 200 1500 MAHAN DRIVE TALLAHASSEE, FLORIDA 32308 TELEPHONE (850) 224-4070 TELECOPY (850) 224-4073 THE POINT, SUITE 1060 37 NORTH ORANGE AVENUE 2502 ROCKY POINT DRIVE SUITE 500 TAMPA, FLORIDA 33607 ORLANDO, FLORIDA 32801 (813) 281-2222 (407) 426-7595 TELECOPY (813) 281-0129 TELECOPY (407) 926-0430 Via Electronic Mail MEMORANDUM TO: Kurt Bressner, City Manager Jim Cheraf, City Attorney Bill Bingham, Fire Chief Diane Reese, Finance Director FROM: Heather J. Encinosa DATE: July 13, 2004 RE: Fire Rescue Assessment Preliminary Rate Resolution Enclosed please find the final version of the Preliminary Rate Resolution (the AResolution@) for the City Commission=s consideration on Tuesday, July 20,2004. Please let me know if you have any further questions or concerns. Very truly yours, t#"~7' ~ Heather J. Encinosa HJE:sib Attachments F :IWPDA T A \PROJECTS\BoyntonBeachI0407 4lcorrespondencelbressner-Q7 02 2004.doc . ._'. ,_~ ''"""'~.'__'''''''''''_'''''''_'''''''''''-''--_~__''~'''''''~",~,~,,,,''''''',,.~c, _ ....,.......0..' ,~____._.~"--O-"_,'~ ,__,.,,_,., .._~ ','.~_ __, ~c>"", -.." CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 20,2004 TABLE OF CONTENTS Page SECTION 1. AUTHORITy.................................................................................... 1 SECTION 2. PURPOSE AND DEFIN IT IONS....................................................... 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES.........2 SECTION 4. IMPOSITION AND COM PUT A TION OF FIRE RESCUE ASSESSMENTS................ .......... ... ......... ....... ........2 SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. ........................... ...... ............... ......2 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. ............. ... ........................3 SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. .......................... .............. ...... ....3 SECTION 8. ANNUAL ASSESSMENT ROLL ......................... ......................... ....4 SECTION 9. AUTHORIZATION OF PUBLIC HEARING ......................................5 SECTION 10. NOTICE BY PUBLICATION .... ......... ............... ...................... ..........5 SECTION 11. NOTICE BY MAIL............................................................................ 6 SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS ............................6 SECTION 13. EFFECTIVE DATE.......................................................................... 7 APPENDIX A: ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE.. ...... ............................................... ............... A-1 APPENDIX B: FORM OF NOTICE TO BE PUBLISHED .................................... B-1 APPENDIX C: FORM OF NOTICE TO BE MAILED ........................................... C-1 i .'.,__-'.........-+-=-O- " '........ --....>..."'-.-'~. ._'.,'__._"_.õ-:_...'_~....._,_.__.' <"" _~._.~,-_~,"--'._. ..'~ ____ ,__~-~.,_~'~ ,",' o~>' ._,~..__" 1< CITY OF BOYNTON BEACH, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF BOYNTON BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as "the Ordinance); the Initial Assessment Resolution (Resolution No. R01-217); the Final Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2004. All capitalized words and terms not otherWise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the 1 context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by legally available City revenues other than Fire Rescue Assessment proceeds. (8) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are affirmed and incorporated herein by reference. 2 . ...._..~,~_~--O--'...-'".....~~_______....--_...-..,__--;-.,_,---... '. " __~ ~_______~..">,,--,~,_,.......,..,,-õ,..;>-.. _~,-,,,,,,-=_,,.;~_,.......~~~,.. ,', SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. (A) Except as provided in subparagraph (B) below, the Cost Apportionment and Parcel apportionment and the applicable explanatory appendices embodied and incorporated in the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. (B) Due to a scrivener's error, Appendix E, Section E-2(F), of the Initial Assessment Resolution, as confirmed by the Final Assessment Resolution, is hereby amended as follows: (F) For each of the non-residential Property Use Categories, multiply the resulting quotients from subsection W ~ of this Section by each of the respective products in subsections (C)(1) through (C)(9) of this Section. The resulting products for each non-residential Property Use Category expresses a series of gross dollar amounts expected to be funded by all Buildings in the respective non- residential Property Use Categories in each of the square footage categories described in subsection (B) of this Section. [strikethrough indicates deletion; underline indicates additions.] SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2004, is the amount determined in the Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption 3 of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. (8) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2004. No portion of such Fire Rescue Assessed Costs are attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Further, no portion of such Fire Rescue Assessed Costs are attributable to the Emergency Medical Services Cost. (C) The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2004 as provided in Section 8 of this Preliminary Rate Resolution. SECTION 8. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2004, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final 4 ,._~>".............-...... :r ... ''"''.......'''''~--'. .....,,-,~<,- '-., --,- .-- ~_ ',_T--'--<.__'~_..."'¡",~........'._..,. _ ""0,.'--' ,__,~>-___-,~,~,~~_><_, ~~'_'" Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2004 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 14, 2004, in City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1 , 2004 and collecting such assessments on the same bill as ad valorem taxes. SECTION 10. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution in the manner and time provided in Section 2.04 of the Ordinance. The 5 notice shall be published no later than August 24, 2004, in substantially the form attached hereto as Appendix 8. SECTION 11. NOTICE BY MAIL. (A) The City Manager shall provide notice by first class mail to the Owner of each parcel of Assessed Property in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix C. Such notices shall be mailed no later than August 24, 2004. (8) In accordance with Section 2.05(8) of the Ordinance and pursuant to Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the City Commission shall provide additional notice of the Fire Rescue Assessment as part of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. (C) If the City determines that the notice provided under paragraph (8) of this Section 11 also fulfills the requirements of paragraph (A) of this Section 11, then the separate mailing requirement described in paragraph (A) will be deemed to be fulfilled by the notice described in paragraph (8). SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments shall be used for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. 6 -....;-.---..--,- ~~.,,~........'-,....,._,.., "n__"' ,',"" _ ..,...,'__,. ~-' --" _;-*<....',.""r_~<.," ~', ~ --~-- _..~.'- ~-', ~,---~, ,'- SECTION 13. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF July, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof, City Attorney APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE <'.'-<---'~-'" . ....~--~"...--"- '~--~~""""-"'-'---"..........."..~~.~---~-- ,,~-~~..;....,,---~._-,~ "-, '., -<'-'-"-"- ~. . APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1, 2004, is $2,842,317.00. SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2004, are hereby established as follows for the purpose of this Preliminary Rate Resolution: RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial! Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 -19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 A-1 (B) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon Buildings located upon parcels of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (C) Any shortfall in the expected Fire Rescue proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the Commission is improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the Commission. A-2 , ..........-' , "", '___=-->-o~_^_=__. ..".__=__.o,,,,,-__~~,_,,.__ ._~.~_... '_._~__~_"..~,'...'~._ -i"'õò__,_ -,-I-' APPENDIX B FORM OF NOTICE TO BE PUBLISHED APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published No Later Than August 24,2004 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Boynton Beach for the Fiscal Year beginning October 1, 2004. The hearing will be held at 6:30 p.m. on September 14, 2004, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at [phone number] at least [number of] days prior to the date of the hearing. B-1 ~,~ j- ,'~.. '_..........---"-,....,,~,~'..- ~~~"".,"--~.,.,,~...... . -' ~~.-.,--'-.,'.,'~-;,;~-,-,.'~'...""-.. ~'--~..,'<'---,.,..."..~~.'.~'.,-, .~-¿ The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industriall Nursing CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 -19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01- 217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2004, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. B-2 If you have any questions, please contact the [name of] Department at [phone number], Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK OF BOYNTON BEACH, FLORIDA B-3 ... "-..i::~ .............._"_~~~-...~-"---'-- .. --~--,-_....._-....-=---.,-"-,----~.~~.",~......".,.,--,--,---~"",,.,- -~, ,- ~-'*-"",...~_..- -10.''_... APPENDIX C FORM OF NOTICE TO BE MAILED APPENDIX C FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Boynton Beach 100 East Boynton Beach Boulevard CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, Florida [zip code] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: August 24, 2004 Owner Name Address Tax Parcel #: City, State Zip Legal Description: Sequence: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Boynton Beach in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $2,842,317.00 for fiscal year October 1, 2004 - September 30, 2005. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein plus any unpaid or delinquent assessments for Fire Rescue. The above parcel is classified as The total number and type of billing units on the above parcel is The annual Fire Rescue Assessment for the above parcel is $ for fiscal year 2004-05 and future fiscal years. A public hearing will be held at 6:30 p.m. on September 14, 2004, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect C-1 . ~ __.~____"_""~__~"~~~_ _ .__' '. ~ ,.,...._..."............-=-_'"_"..._____~~............ ___..... ~ ,~.,',"__ü,_..,'_..,,_~._~~...,......,.,.__,_,,~~.._________'~....~"'_____>__-. _,._'r.~_,.__.._,·_'~ - -'''''' to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at [phone number] at least [number of] days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), the Amending Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No. R01-217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the upcoming Fiscal Year are available for inspection at the City Clerk's office in City Hall. located at 100 East Beach Boulevard, Boynton Beach, Florida. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the [name of] Department at [phone number], Monday through Friday between 9:00 a.m. and 5:00 p.m. * * * * * THIS IS NOT A Bill * * * * * C-2 XII. - LEGAL ITEM D.l 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 1ùrned 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) o July 6, 2004 June 14,2004 (Noon) o May 18, 2004 May 3, 2004 (Noon) rg July 20, 2004 July 5, 2004 (Noon) 0 Administrative [8J Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDA TION: Ratification of Settlement of Cost and Expert Witness Fees in connection with the Garnsey Hall Property Acquisition. EXPLANA TION: The City settled the owners compensation and attorneys' fees. The Court retained jurisdiction to award the property owners costs. Pursuant to Chapter 73, Florida Statutes the City is required to pay costs and expert witness fees. The property owners initially requested in excess of $89,000. PROGRAM IMPACT: FISCAL IMPACT: ALTERNA TlVES: Department Head's Signature City Manager's Signature City Attorney Department Name mance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC - - -- ........'-', ,,--" "-'" ,,--, ''-'' '-' ,.......- -~-"~- .~. /J ':..~. CITY OF BOYNTON BEACH MEMORAN.DUM TO: Kurt Bressner, City Manager CC: James A. Çherof, City Attorney Rosemarie Lamanna, Paralegal FROM: Keny L. Ezrol, Assistant City Attorney@. DATE: July 7, 2004 RE: City of Boynton Beach ("Crty")I Janet Hall, Trustee (Parcels 1 - 3) .Eminent Domain Enclosed, for your review and processing, please find a copy of the Agreed Order Taxing Costs Cßtered by the Court on .hme' 3(}, 2004. Please note the payment of $72.622.44 is due by July 30, 2004. Furthenl1ore, putsuaot to your request. to date the City ,paid the following sums: J..) $640,000.00 pursuant to the Order of Taking entered by the Court on May 21, 2003~ and 2.} Sl,()}().OmtOO pursuant to the Stipulated Final Judgment entered. by the Court on February 9.2004. The foregoing amount includes attorney's fees and i,nteteSt. J do not know what portion, jf any, has been paid by the CRA. I believe that the City and the CRA paid additional monies to iu- consultants- including but not limited to. .~n and Carr, Inc., O'Brien, Suiter and O'BJ.;en and Land Design South. The City paid our law fum fees and costs of $46,058;90 to date., ¡be City paid additional third party vendor costs of$2~4S0.24. Should you haYe- any questions. please contact me. KLElbb EncIosure(s) T+.\ 1!I9O\90fUlJ2.R8\MI5MO 2~(BB ". Hall- apçcd order Wdn& CO$).cInc . , 1 ~- ]I AIL ,~-:o.- W .~.- ,.. .~,-~ -<~.,:------~,---"".~"""~-~'--'--"'---""'-"'''''-'''''''-''~''''' --. ~-" -- ._~~_. -. ....- ,~ Q..JIV.... IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CASE NO: 2003 CA 005485 AE CITY OF BOYNTON BEACH. a Florida muoicipal corporation. Petitioner, v. PARCEL 1. 2 AND 3 JANET HALL, Trustee and JANET HALL, individuaUy, JOHN K. CLARK. TAX COLLECTOR, Palm Beach County. Respondents. I AGREED ORDER TAXING COSTS THIS CAUSE came before the Court upon the Joint Motion set forth betow and the Court, being-fuHyadvi~d.in the premises, ORDERS AND ADJUDGES: 1. The Respondent, JANET HALL, Trustee and JANET HAll, individua!1y, has and' recovers as reimbursement for costs hereafter mentioned the sums of: A. Jenkins Appraisat Services, fnc. $22,000.00 R JMÐ Engineering, Inc; $ 1.800.00 C. Cunningham & Durrance $ 8,500.00 D. Houston CuozzO'Group. Inc. $20.000.00 E. Jones, Foster, Johnston & Stubbs, P.A. $ 1.822.44 F. Gerald M. Ward, P. E-. $18.500.00 TOTAL $72,622.44 ~JJ.- ~ - .,.p.- -.. -.. - - - " . - . ---- ___ ,~.. ....... ....... ''.J' .. _, '---Qr=., - - 2. The Petitioner. CITY OF BOYNTON BEACH, shall pay Jones, Foste', Johnston & Stubbs, P.A., as attorneys for Respondent, JANET HALL, Trustee and JANET HALL. individually, the sum of $72,622.44, wh-rcn StlRI shall be distributed as set forth herein, within thirty (30) days of receipt of a conformed copy of this Order, and maiJ it to H. Adams Weaver, Esquire, Þ. O. 80x 3475, West Palm Beach, Florida . 33402-3475. DONE AND ORDERED at West Palm Beach, rmiã1ch County. SIGNED & 0 Florida, this _ day of ,2004. JUN 30 ".,,, . L.-.... , JUDGE KENNi:d1 D. STERN CIRCUIT COURT Copies furnished to below listed counsel. H'. AdaFns Weaver, Esquire for HALL 505- ~outh Flagler Drive Suite 1100 West Palm B98Ch-, flOOda 33402-3475 Kerry L. Ezral, Esquire for CITY OF BOYNTON 30~9 East Commercial Boulevard Ft. Lauderdale, Florida 33308 JOINT MOTION Petitioner, CITY OF BOYNTON BEACH. and Respondents, JANET HAll, Trustee and- JANET HAll, indfviduaUy. together move-for entry of. the foregoing Agreed 2 .........:'''"'r_. ,_~_. . '. _P_","~<-""~_~~u___'..,_'_ _"-<_~_..", ~ '~-' '>.. ,'.,-,~----. "'.'-- .. if IIU.B ,t ' -,..-,..._'"~ ......."'~1" ",nl::.';'ur- - .::. , . ".:;... t-'W~t. 13:a tf¿ ~W' ~~, _ww.. ~~.-- =-" ~';':~"'~'~~::I ,.œn:R JOH'ISTOM & STL.IBaS 1'Ø.39? P.S""!; ~_. I·..._._',J'II~ Order Taxing COlta. Th. unàerslgned OOt.If'set are aLItf'Jorized to enter into tt1lc Joint Motion. AGREED to this .J:i day of June. 2004. GOR~CHEROFDOOCY& JONES FOSTER JOHHSTON !%Rot, P.A. & STUBBS, P.A. Attomey far PetItioner Attorne~ for Osfendant 3099 e.st Commsrc;at Bourev.rd 50s South Aagter Dl1ve Suite 200 ' SuIte 1100 Ft. Lauderdale, FL 33408 West fI"m Beach, Fl 33402 (954) 711 (5e1) 659-3000 By, )1 Ä~~ H. ADAMS WlAWR FLOAIPA BAR NO: 125210 -2fP1.QG..MOTIO~ TAx.c:osTa.ORO I i 3 f I