Agenda 01-18-05
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
REVISED AGENDA
JANUARY 18, 2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
f---
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
DISTRI T I
Kurt Bressner
City Manager
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
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.
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
o Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o 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.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
o 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.
o
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
REVISED AGENDA
January 18, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
1. City Manager - Discussion by Vice Mayor Mack McCray
2. City Attorney - Discussion by Vice Mayor Mack McCray
3. Police Department - Discussion by Vice Mayor Mack McCray
III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS:
A. Announcements:
1. City Commission Workshop Meeting - January 31, 2005 at 6:30 p.m. in
the Library for the purpose of the Town Square II Report and the
Recreation & Open Space Comprehensive Plan Presentation
B. Community and Special Events:
1. Boynton Beach City Library - Brown Bag Series 2005 - January 24th and
January 31st, 2005 from 12:00 Noon to 1:00 p.m. in the Library Program
Room - Sponsored by the Friends of the Library - Free to the public
2. "The Friends of the Library" are hosting their 16th Annual Benefit
Luncheon on Monday, Feb 21, at Benvenuto Restaurant. The author is
James W Hall, whose newest released book is Forests of the
Night, will be available for sale and autographing at the Luncheon. For
tickets, call the Library.
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
3. Heritage Festival - Month-long celebration of Black History Month that
informs the public of the ties that bind the African-American community
together through the enjoyment of arts, education and pride in African-
American accomplishments and heritage - Weekends in February.
Week 1:
Februa 5
Februa 5
Februa 5
February 5
10:00 a.m.
11:00 a.m.
12:00 .m.
1:00 p.m.
Week 2:
Basketball Tournament Hester Center Febru~ 12 9:00 a.m.
Basketball Tournament Hester Center February 11 6:00 p.m.
Movies on the Avenue Ocean Avenue February 11 7:00 p.m.
Basketball Tournament Hester Center FebruCll}' 13 TBD
Week 3:
Book Fair VIP Aut ra h Session
Book Fair General Public
Coronation
Youth Awards
Poinciana
Poinciana
Poinciana
Poinciana
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S:oo .m.
6:00 .m.
7:30 .m.
8:30 .m.
Week 4:
Parade Seacrest February 26 4:00 p.m.
Concert "An International Affair"
. R&B - Classique, Regina
Bell & Howard Hewitt MLK February 26 6:00 p.m.
. Reggae - Glen Washington
. Trinidad and Tobago -
Trinny
. Latin ITBD)
International Celebration
(Around the World in one day - Wilson Park February 24,
Elementary Schools adopt a 2S, 26 & 27
country) MLK Carnival
C. Presentations:
1. Proclamations:
None
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
2. Presentation of Boynton Beach Faith Based Community Development
Corporation major accomplishments of 2004 and primary objectives for
2005 by President Courtney Cain & other Board members
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
IV McKoy Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/07
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07
I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05
III Ferguson Cemetery Board Alt 1 yr term to 4/05
III Ferguson Code Compliance Board Alt 1 yr term to 4/05
II McCray Code Compliance Board Alt 1 yr term to 4/05 Tabled (3)
I Ensler Community Relations Board Alt 1 yr term to 4/05 Tabled (2)
II McCray Community Relations Board Alt 1 yr term to 4/05
III Ferguson Education Advisory Board 5tu 1 yr term to 4/05 Tabled (2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference - December 30, 2004
2. Regular City Commission Meeting - January 3, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2003-2004 Adopted Budget
1. Award an additional portion of the bid for "ANNUAL CONTRACT FOR
LANDSCAPE MAINTENANCE", BID #079-2730-04/00 to Vila and Sons for
the Cemetery location. The annual expenditure is $31,720
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
C. Resolutions:
1. Proposed Resolution No. R05-012 Re: Approving and
adopting grant funding policies (TABLED TO FEBRUARY 1, 2005)
2. Proposed Resolution No. R05-013 Re: Authorizing
the execution of a proposal from Settled Solids, Inc., in an amount not to
exceed $61,840 with a $6,184 project contingency, for the removal of
sand from a City canal which will be used to restore adjacent property
owners' backyards to pre-Hurricane Frances condition
D. Ratification of Planning & Development Board Action:
1. St. Gregory Armenian Church (SPTE 04-011) - West of Southwest
8th Street, South of Boynton Beach Boulevard - Request for a one (1)
year time extension of the site plan approval granted on September 2,
2003, from September 2,2004 to September 2,2005 (POSTPONED TO
JANUARY 18,2005 AT APPUCANT'5 REQUEST)
2. Anderson PUD (MPMD 05-001) - West side of Lawrence Road,
approximately 2,000 feet south of Hypoluxo Road - Request for master
plan modification to allow a reduction in front setback from 25 feet to
22.5 feet
3. Serrano Beach (MPMD 05-002) - V. mile west of Congress Avenue,
south of Golf Road - Request for master plan modification to allow a
reduction in front setback from 25 feet to 22.5 feet
4. Centre @ Woolbright (NWSP 05-002) - 2315 West Woolbright Road
- Request for new site plan approval for a 12,790 square foot office
building on a 1.12-acre site in a C-l zoning district
5. Centre @ Woolbright (HTEX 05-002) - 2315 West Woolbright Road _
Request for height exception approval of two (2) feet to allow decorative
roof and screening of mechanical equipment at a height of 32 feet, a
distance of two (2) feet above the 30 feet maximum height allowed in the
C-l zoning district
E. Ratification of CRA Action:
1. Arches (SPTE 05-001) - Southwest corner of Ocean Avenue and
Federal Highway - Request for a second time extension of the site plan
approval granted on June 3, 2003 for one (1) year from the previously
extended date of December 3, 2004 to December 3, 2005
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
F. Accept the written report to Commission of purchases over $10,000 for the
months of November and December 2004 for informational purposes
G. Authorize the use of $500 of Community Investment Funds from Commissioner
Commissioner Mike Ferguson for Heritage Fest 2005
H. Ratify the City Manager's action to accept a proposal from Florida Electric
Contracting Service, Inc. for replacement of the lights at the Little League Park in
the amount of $73,575
VII. CODE COMPLIANCE 8r. LEGAL SElTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A
Project:
Agent:
Owner:
Location:
Barr Property (LUAR 04-009)
John Barr, Cornerstone Premier Communities
BMVFL-1, Inc.
1801 NE 4th Street
Description: Request to amend the Comprehensive Plan Future Land Use Map
from High Density Residential to Special High Density Residential
(1ST READING OF PROPOSED ORDINANCE NO. 04-090) -
TABLED TO JANUARY 18, 2005
Request to rezone from R-3 Multi-family Residential to Planned Unit
Development (PUD) (1ST READING OF PROPOSED
ORDINANCE NO. 04-091) TABLED TO JANUARY 18,2005
Proposed use:
Townhouse community of 180 units
B. Barr Property (NWSP 04-013) - 1801 NE 4th Street -Request new site plan
approval for a 180-unit townhome development on a 9.88 acre parcel in a
proposed PUD zoning district - TABLED TO JANUARY 18, 2005
c.
Project:
Agent:
Owner:
Location:
Description:
Seaview Park Club (LUAR 04-010)
Weiner & Aronson, P.A.
Wayne Irving and Charlene Darst
1620 North Federal Highway (east side of North Federal Highway,
approximately 1,000 feet north of the Boynton C-16 Canal
Request to reclassify :1:3.81 acres of land by amending the
Comprehensive Plan Future Land Use Map from Low Density
Residential and Local Retail Commercial to Special High Density
Residential (1ST READING OF PROPOSED ORDINANCE NO.
05-006); and
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
Request to rezone from R-3 Multi-family Residential and C-3
Community Commercial to Infill Planned Unit Development (IPUD)
(1ST READING OF PROPOSED ORDINANCE NO. 05-007)
Proposed Use:
Residential Condominium Development
D. Seaview Park Club (NWSP 04-014) - 1620 North Federal Highway (east side
of North Federal Highway, approximately 1,000 feet north of the Boynton C-16
Canal - Request for new site plan approval for the construction of 69
condominium units on 3.756-acres in the IPUD zoning district
IX. CITY MANAGER'S REPORT:
A. Consideration of lien reduction from Mr. Andre St. Juste for property commonly
known as 440 NE 14th Avenue
X. FUTURE AGENDA ITEMS:
A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
B. Proposed Lease Agreement with Boynton Woman's Club (TBA)
C. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard (TABLED ON B/3/04 based on
review by Planning & Development Board and eRA)
D. Revamp of CDBG Allocation Process (January 2005)
E. City Commission District Boundary Review (February 1, 2005)
F. Hurricane Follow-up Report - (February 1 or February 15, 2005 subject to space
availability)
G. Annexation of Enclaves (TBA)
H. Hurricane Design for Public Buildings
XI. NEW BUSINESS:
A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification)
(POSTPONED TO FEBRUARY 1, 200S AT APPUCANrS REQUEST)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
6
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January lB, 2005
1. Proposed Ordinance No. 04-045 Re: Regarding property
consisting of approximately 81.814 acres and located between Congress
Avenue and the LWDD E-4 Canal, more particularly described herein;
amending Ordinance 89-38 by amending the Future Land Use Element of
the Comprehensive Plan, the Land Use Designation is being changed from
Moderate Density Residential to Mixed Use-Suburban (Boynton Village)
2. Proposed Ordinance No. 04-046 Re: Regarding the
application of Klatt Family Limited Partnership, amending Ordinance 02-
013 of said City by rezoning a parcel of land more particularly described
herein from R-1-AA Single-Family Residential to Suburban Mixed Use
(SMU) (Boynton Village)
3. Proposed Ordinance No. 04-047 Re: Regarding property
consisting of approximately 25 acres and located on the northeast corner
of the intersection of Congress Avenue and Old Boynton Road; 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
Moderate Density Residential to Local Retail Commercial (LRC) (Boynton
Town Center)
4. Proposed Ordinance No. 04-048 Re: Regarding the
application of Klatt Family Limited Partnership 1 and Klatt Enterprises,
Inc., amending Ordinance 02-013 of said City by rezoning a parcel of land
more particularly described herein 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
(MX-S) land use category; providing for consistent zoning districts,
allowed uses, density and intensity of development
6. Proposed Ordinance No. 04-058 Re: Approving the
proposed amendment to the functional classification of roadways map in
the support documents for the Transportation Element of the
Comprehensive Plan (The streets involved are SE 4th Street between
Boynton Beach Boulevard and SE 12th Avenue, and Martin Luther King, Jr.
Boulevard between Federal Highway and Seacrest Boulevard
7. Proposed Ordinance No. 04-059 Re: Amending the
Transportation Element of the Comprehensive Plan to establish a
Transportation Concurrency Exception Area (TCEA) in a portion of the
City's Community Redevelopment Area
7
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
8. Proposed Ordinance No. 05-001 Re: Establishing a
Community Development District (CD D) for the Monterey Development, a
residential project approved for 300 town homes on a parcel located on
Congress Avenue north of the L.W.D.D. Canal L-30
9. Proposed Ordinance No. 05-002 Re: Amending Chapter
16, Parks and Recreation, Article II, City Parks and Beaches, by adding a
new Section 16-28, "Bounce Houses" to provide for the regulation of
bounce houses and other inflatable playground equipment at City parks
10. Proposed Ordinance No. 05-003 Re: Amending Chapter
14, "Motor Vehicles and Traffic", amending Section 14-9, "Disabled
Parking Space Violation" of the Code of Ordinances, providing for
dismissal of disabled parking violation citations under specified
circumstances and for an administrative fee associated therewith
11. Proposed Ordinance No. 05-004 Re: Amending Section 2-
20(a) of the Code of Ordinances regarding quasi-judicial hearings; adding
site plan extensions and abandonments to the list of quasi-judicial
proceedings, providing for notice and procedures
12. Proposed Ordinance No. 05-005 Re: Amending Chapter
26. Water, Sewers and City Utilities, Article VII, Section 26-406 entitled
"Capital Contributions", authorizing the transfer of real property to the
City in lieu of capital contribution charges within the downtown
stormwater improvement watershed
B. Ordinances - 1st Reading
None
C. Resolutions:
None
D. Other:
XIII. UNFINISHED BUSINESS:
A. Discuss the Community Redevelopment Agency Board/Mr. Doug Hutchinson
8
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
January 18, 2005
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTlMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AmVTIY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
REVISED FINAL AGENDA
1/18/200512:02 PM
9
~
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
I1I.-ANNOUNCEMENTS 1ft PRESENTATIONS
Item C.2
POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PAlM BEACH COUNTY
PHONE (561) 752-0303 . FAX (561) 752-0302
December 23, 2004
City Clerks Office
City of Boynton Beach
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
The BOYNTON BEACH FAITH BASED CDC would like to address the City Commission on
Tuesday, January 18, 2005.
In its address representatives of the CDC (President Courtney Cain and several Board
members) would like to thank the Commissioners for their support of the CDC and to
· Review the major accomplishments of 2004 and
· Present primary objectives for 2005.
The presentation should lake no more than 10 minutes.
,)
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Thank you for your cooperation in this matter.
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Courtney Cain
President
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.l
AGENDA ITEM REQUEST FORtu
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
MeetinQ Dates in to City Clerk's Office MeetinG!: Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1, 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February] 5, 2005 January 31, 2005 (Noon)
" January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon)
c.....l
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF i:8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
r. Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to award an additional portion ofthe bid for "ANNUAL CONTRACT FOR
LANDSCAPE MAINTENANCE" Bid#079-2730-04/CJD to Vila and Sons for the Cemetery location. The annual
expenditure is: $31,720.00.
CONTRACT PERIOD: OCTOBER 1, 2004 TO SEPTEMBER 30, 2005
EXPLANATION: On September 7, 2004, Commission approved the award of the bid for Annual Contract for
Landscape Maintenance to various contractors as a multi-award by area to the lowest, most responsive, responsible
bidder who met all specifications. Certain areas were not awarded due to budget constraints. One of the areas was
the Boynton Memorial Cemetery & Mausoleum. Currently there is a shortage in personnel; therefore Procurement
Services would like to recommend an award to Vila & Sons as they were the lowest, most responsible, responsive
bidder for this location. A vacant positiou will not be filled and the budgeted funds will be used for the contracted
services.
PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available
at the most economical price for different areas within the 'City. The provision of this bid award will allow for a one
(1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance
and determination that the renewal is in the best interest of the City.
FISCAL IMPACT: Account # 631-3110-539-49-17. A Bid Breakdown Spreadsheet is attached to detail the individual
vendor's amounts.
ALTERNATIVES: It would be in the best interest of the City to privatize this location as opposed to hiring personnel
'o"'~,... -...."'" '" ".'''.00. . ) /.7
/ ----- ~
~ad's Signature City Manager's Signature
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
I. LANDS(;APE MATNTENAN(;E FTTN(;TTONS AND TASKS
This section of bid only applies to a fully licensed and insured Landscape Maintenance
Contractor, or equal, for the landscape maintenance of specific area locations within-the" Annual
Contract for Landscape Maintenance".
Gp.np.ral
Contractor shall provide all supervision, labor, tools, and equipment to complete all services.
Contractor shall be solely responsible for pedestrian and vehicular safety and control within the
worksite and shall provide the necessary warning devices, barricades, and ground personnel
needed to give safety, protection, and warning to persons and vehicular traffic within the area.
Blocking of public streets shall not be permitted unless prior arrangements have been made with
the City and coordinated with the City's Public Works Contractual Supervisor. Traffic control is
the responsibility of the Contractor and shall be accomplished in conformance with State,
County, and City highway traffic safety codes. Contractor shall provide signs, barricades, and/or
flashing lights, as necessary, for the protection of the work and the safety of the public and
comply with all OSHA and City standards. The Contractor shall ensure their employees are
equipped with adequate personal protective equipment while performing contract services. Such
personal protective equipment shall include, but is not limited to goggles, safety glasses, face
shields, gloves, and safety vests.
I. Any Contractor improperly prepared shall be dismissed until proper equipment is obtained.
2. Contractors are required to follow USDOT & FHA Manual on Uniform Traffic Control
Devices.
a. The M~mlA] of TTnifolTt1 Tr~ffi" rontrot n"vi"". for Str""t. ~ncl Hig"w~y' by the
Federal Highway Administration (current edition).
b. The St~t" ofFloricl~ M~n,,"1 on Tr~ffi" rontro] ~ncl S~f" Pm"ti"". (current edition).
c. The M~nw:'11 of TTniforn1 Minimum ~t::mn::lrrlc;;: for np.~ign rnnc;;:fnlr.tl()n ~ncl
M~int"n~n"" ofStr""t. ~ncl Hig"w~y' by F.D.O.T. (current edition),
3. Contractors are responsible for providing all safety gear, equipment and traffic control
devices for maintenance personnel.
4. Contractors are responsible for following all OSHA requirements for safe equipment use
and operation when performing any contract service
5. The Contractor shall be responsible for contacting the appropriate utilities for location of
any buried or serial utilities in the work area which could be damaged by Contractor's
operation.
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OTnp.T of Opp.T:::Iflon <::.
Contractor shall follow the Order of Operations for landscape maintenance of areas.-
I. All traffic control safety devices shall be in place per USDOT & FHA manual on
Uniform Traffic Control Devices and all safety gear shall be on at all times when on site
and lor performing contract services.
2. All litter and debris shall be removed from areas including both side section of roads,
sidewalks, pavers, curbs, concrete and right of ways as part of the second maintenance
operation.
3. All weeds shall be removed from areas including both side section of roads, sidewalks,
pavers, curbs, concrete and right of ways as the third operation of maintenance.
4. All mowing shall be done with mulching mower and all mower chutes shall be closed to
reduce the spreading of clippings and debris. All edging, trimming and other maintenance
tasks shall proceed as fourth operation of maintenance.
5. Grass clippings or debris caused by mowing and/or trimming will be removed from
adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or
trimmed.
6. All Contractors shall stay as close as possible to completing the entire maintenance of one
area/median prior to moving to the next area/median.
A. Turf Care - Maintain turf areas in a healthy, growing, green, trim condition by performing the
following operations:
I. Mowing - general
a. Mowing shall be performed in a workman-like manner that insures smooth surface
appearance without scalping or leaving any "missed" uncut grass.
b. Reel mowers with rollers or rotary mowers will be used on St. Augustine grass. Reel
mowers with rollers, rotary mowers, or flail mowers will be used on Bahia grass.
c. All mowers shall be mulching type mowers with chutes closed to reduce spreading of
clipping and debris. All mowers must be adjustable and adjusted to the proper cutting
height and level for the kind of grass and current condition of the turf. Mower blade
height adjustment is to be measured from a level floor surface to the parallel and level
plane of the mower blade.
d. All mower blades are to be sharp enough to cut, rather than to tear grass blades.
20
e. All litter and debris is to be removed from turf before mowing to avoid shredding that
will damage turf appearance, or items that may be propelled by mower blades.
f. Mowing will be done carefully so as not to "bark" trees or shrubs, intrudt: into ground
cover beds, damage sodded berms, damage sprinkler heads, valves, manifolds, time
clocks, curbs, or other facilities.
g. Grass clippings or debris caused by mowing or trimming will be removed from
adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or
trimmed.
h. Mowing will not be done when weather or conditions will result in damaged turf.
i. Berms must be mowed with small trim mowers. Riding mowers or weed eaters will
not be permitted on berms.
2. Mowing Specifics (St. Augustine Grass)
a. Grass is never to be mowed lower four (4) inches in height.
b. Grass shall be mowed as per schedule.
c. Remove all clippings/debris from mowing and other maintenance operations from the
curbs, landscape beds, tree perimeters, both sides of roads, sidewalks, pavers and
concrete .
Sp"d"' Nnt,,: Mowing frequencies can be modified by City staff due to climate and various
factors beyond the City's control. City staff shall determine the type and use of mowing
equipment on this and all property involved within this contract. The contract bid price will be
adjusted accordingly.
3. Bahia Grass
a. Grass is never to exceed six (6) inches in height. Never mow lower than four (4)
inches.
b. Grass shall be mowed as per schedule.
B. Line Trimming
I.Trimming: Grass shall be trimmed during, or as an immediate operation following,
mowing.
2.Trimming may be accomplished by hand or hand power shears or rotary nylon "fish line"
cutting machines.
21
3. Grass will be trimmed the same height as adjacent turf is mowed and to remove all grass
leaves from around all obstacles and vertical surfaces in the turf such as posts, trees,
walls, and cement medians.
4. Particular attention will be given to trimming around sprinkler heads and other irrigation
system fixtures to assure their proper water delivery function.
5. Contractor shall maintain all valve boxes, meter boxes, and sprinkler heads. These items
will be visually clear, trimmed and free of plant or grass overgrowth.
C. Lots, Right-of-Way, Alley & Corridors Maintenance
I. Contractor shall provide tractor with bush hog type mowing equipment and/or other
heavy duty mowing equipment due to sandy terrain and high brush growth.
2. All ruts, grooves, and or any other damage created to landscape by contractor shall be
replaced per City staffs recommendations immediately.
3. City shall reserve the right to use any other contract or City personnel to replace damages
and shall deduct/charge back costs to responsible contractor.
4. Contractor is responsible for the removal and disposal of all debris, trash, and objects not
listed a bulk trash.
a. Bulk trash is listed as an object greater than 3' X 3' and weighing over 60 pounds.
b. These items must be placed at the edge of property near road and clear of trees, poles,
or any other object for Sanitation pickup.
c. Contractor shall advise the Public Works Supervisor on log sheet and via phone at the
presence of bulk trash.
5. Contractor shall line trim around perimeter fencing and obstacles.
D. Edging
I. Mechanical edging (vertical trimming) of all turf edges abutting sidewalks, flush paved
surfaces including all road curbs, and drives will be done during, or as an immediate
operation following the mowing every other mowing cycle. Turf edging at shrub beds,
flower beds, ground cover beds, hedges, or around trees (where "edging" rather than
"trimming" is directed) shall be edged with a manual or mechanical edger to a neat
vertical uniform line, as per schedule.
2. Dirt and debris produced by edging or trimming will be removed and swept from adjacent
hard surfaces. (Grass clippings & dirt must not be allowed to collect in curb areas).
22
3. Turf will be edged approximately eighteen (18) inches around all trees that are in lawn
areas if directed by City designee. Turf will be edged approximately ten (10) inches out
from the drip line of shrubs and hedges. .
4. Chemical Edging: Chemical application may be used to kill weeds and turn in and
around areas such as planters, areas adjacent to buildings, trees, fence lines, sprinkler
heads and cement medians (concrete divider isles). Prior to application of chemicals for
this purpose, all areas shall be trimmed to proper mowing height. Chemicals shall be
applied in a manner to limit drift to two (2) inches. Contractor is responsible for
replacement of all damaged sod or plants at his cost. If not complete within one week of
notification, City may replace and deduct cost from weekly payment application.
E. Weed Control: "Landscape Maintenance Weed Control"
I. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations.
Weeds are to be manually or mechanically removed from shrubs, hedges, ground cover or
flower beds as per schedule. When using herbicides it is requested that the brand name
and active ingredient in (Round Up) glysophate or equal be used to control weeds on
pavers, pavement, curbs, sidewalks, side sections, chase areas, and roadside.
2. Weeds are to be removed from walkways, pavers, curbs, gutters, expansion joints, fence
lines, cement noses, and concrete medians. This includes sidewalks and/or pavement on
both sides of roadways/medians.
F. Pruning
I. Shrub and Hedge Care: Maintain shrubs in a healthy, growing correct-color condition
and in the shape and area specified, or as specifically directed by Public Works
Contractual Supervisor or City designee. All pruning shall be in accordance with strict
horticultural practices.
a. "Maintenance pruning" shall consist of the removal of dead and/or broken
branches, suckers or sprouts, branches that may hang over walkways, grow through
fences, obscure roadway vision, etc. Pruning is performed to have shrubs appear
orderly and neat at all times.
b. Ornamental shrubs such as fire bush, thyraills, thunbergia, and ilex schellings
shall maintain their natural shape and not be box cut. Contractors shall use manual
hand shears and prune just above node of leaf stem,
c. All pruning will be accomplished in accordance with standard practices including:
a) use sharp cutter; b) do not use hedge shears for pruning; c) machetes will not be
permitted for llIlj: operation.
23
2. Hedge Trimming: Hedges or topiary that is to be maintained in a geometric form may be
sheared by manual or mechanical hedge shears to shape and size specified in Landscape
Plans or at direction of City designee. Hedge trimming will be done per atea schedule.
Remove all cuttings and clippings from pruning and trimming operations on the same day
as operation occurs. Nuisance weeds, trees, and bushes, such as Brazilian Pepper, will be
removed from hedges, and not trimmed as part of the hedge. NOTF: All hedges shall be
trimmed at an angle. Hedges shall be slightly thinner in width at the top than at the
bottom. There shall be a 15 degree approximate angle.
3. Palm Trees: shall have dead fronds removed as they occur. NOTF: Palm frond attached
branches at a height greater than 12 ft. shall be trimmed by a licensed, insured, and
certified professional tree trimming company.
4. Shade Trees: shall be pruned to remove sucker growth and to maintain clear visibility
between grade and a height of ten feet. All damaged, dead or diseased limbs resulting
from weather or pests shall be removed immediately. NOTF: Shade trees at a height
greater than 12 ft. shall be trimmed by licensed, insured, and certified professional tree
trimming company.
5. Accent Trees: such as Cattley Guava, Ligustrum and Oleander Standards shall be pruned
by thinning to maintain shape of tree as per area schedule.
G. Litter/Debris Control and Emptying of Trash Container
I. Litter removal from turf areas, plant beds, medians and both sides of roads/right of ways
along maintenance areas. The litter/debris shall be removed completely prior to each
mowing operation on that day.
2. Litter to be removed includes but is not limited to paper, glass, trash, undesirable
materials or debris (unauthorized paper signs), palm fronds, and tree limbs deposited
onto the sites. Area plant beds, mulched areas, and grass areas shall be free of all of the
following but, not limited to litter, trash, wrappers, car parts, rocks, concrete chunks,
asphalt pieces, cups, straws, ribbons, string, bags, cigarettes, or any other item not part of
the intended landscape.
3. Litter is to be removed entirely from the sites and disposed of in accordance with City
Ordinances.
4. Area maintenance includes emptying of trash containers and securely replacing trash
containers with new plastic bag liners located in contracted sites. Trash containers are
located according to Specification Needs and Frequency bid pages. Contractor shall
empty containers at each scheduled maintenance service.
All plastic bags shall be three (3) mills thick and are provided by Contractor as part of
service to these areas. Contractor is responsible for proper removal and disposal of full
trash bags, litter, debris and vegetation.
24
H. Mulch
I. Mulch shall be recycled, not harvested wood and shall be made entirely from the wood
of the Melaeuca quinquenevia tree, eucalyptus tree or mixed hardwoods.
2. The mulch shall be shredded, cleaned, sized, and aged (heated) to destroy weed seeds,
pathogens, and insects.
3. It shall not contain more than 10% (by volume) bark.
4. Shredded pieces of mulch shall not be larger than %" diameter and I Y, " in length.
5. Mulch shall be free of weeds, seeds, (including spp. seeds), soil, and any other organic or
inorganic material.
6. Malelleuca much shall be added to planting beds as per schedule.
7. Mulch shall be applied two (2) inches thick
8. Beds will be clean of weed when mulch is applied.
1. Irrigation Review of Damages from Landscape Maintenance
I. The landscape contractor shall visually check irrigation sprinkler heads, valves, backflow,
and any other irrigation system parts during each maintenance service visit to ensure no
damage has occurred.
2. Any heads, valves, backflow, or any other irrigation parts damaged by contractor in the
act of maintenance service will be replaced by contractor at his cost.
3. All systems may be inspected weekly by City designee.
4. Cost of irrigation replacement or repair due to damages by the maintenance contractor
will be charged to maintenance contractor and performed by irrigation maintenance
contractor.
J. General Landscape Review
I. It shall be the contractor's obligation to perform regular weekly inspections of palms,
turf, hedges, and any landscape plantings or hardscapes, as part of their scheduled
maintenance.
2. The contractor shall report to the City any site conditions which may be detrimental to the
health and vitality of the plantings.
25
3. The Contractor is responsible for reporting the development of damages due to diseases,
insects, fungi, vandalism, accidents, or other problems, along with recommended
solutions.
4. These reports are to be written and shall be given to the Public Work Contractual
Supervisor no later than one (I) day after each inspection.
5. It is required that written approval be given by the Public Work Contractual Supervisor
designee prior to any work being performed.
6. Failure to report problems may result in cost of replacement of landscape being charged
to contractor due to negligence.
K. Replacements
I. Contractor shall replace any landscape, irrigation, or structures damaged by maintenance
operations or due to neglect to perform these specifications and charge cost to maintenance
contractor. (Contractor will be notified prior to replacement or repair by Contractual Crew
Supervisor or City designee).
1. Damages
I. Damage to landscape, irrigation, hardscapes, grading, sod, and utilities due to any cause
shall be immediately reported by all Cpntractors.
2. Contractor must contact Public Works Contractual Supervisor or City designee immediately
(561) 742-6223 or (561) 742-6225.
3. Contractor shall provide cost estimates to replace and/or repair landscape, irrigation,
hardscapes, grading, sod, utilities, or other damaged components.
M. Reports
1. The Contractor shall be provided with a checklist to be filled out and returned to the Public
Works Department after each mowing operation. All maintenance operations and the dates
they were performed shall be noted, and any repairs or damages shall be described. No
payment will be made unless all reports are provided.
N. General
1. No maintenance shall be performed on weekends or during holidays unless requested in
writing and approved by the Public Works Contractual Supervisor or his designee.
2. Special attention will be given to specified areas prior to national holidays
to ensure that the City is at its best during these times. Contractor will check area two (2)
26
days prior to holiday and verifY that maintenance has been properly performed.
O. Additional Work
.
I. Hourly price for three (3) person crew with equipment to perform maintenance per
Landscape Specifications.
2. Total removal and disposal of damaged plantings and replacement of three (3) gallon
plantings with soil and fertilizer. Labor only - to be priced at an hourly rate per man.
3. Total removal and disposal of damaged plantings and replacement of five (5) gallon
plantings with soil and fertilizer. Labor only- to be priced at an hourly rate per man.
4. Total removal and disposal of damaged plantings and replacement of seven (7) gallon
plantings with soil and fertilizer. Labor only - to be priced at an hourly rate per man.
5. Removal and disposal of tree stakes, guys, bands, and components for palm trees,
ornamental trees, or any other at an average height of 25' .
6. Total removal and disposal of damaged sod, providing level grading, soil, fertilizer and
replacement ofSt. Augustine sod.
** Spf":r.l::!l N()fE~'
Prices for "additional work" will be added in the contract bid; but, shall be used only on an
"as needed" basis. The City of Boynton Beach is not obligated to issue work orders or task
orders for additional work.
City designee references the Public Works Contractual Supervisor for all maintenance
requirements or establishment of standards.
** Spf":d::!l noflr.p. ::Inn r.nnniflnn ()fthi~ c:nntr::!c:t
The City of Boynton Beach reserves the right, to increase, decrease and modifY landscape
characteristics and to void, eliminate, increase and/or decrease any areas and/or maintenance
functions and tasks on any area awarded to vendor or contractor during the active contract
period. Modification of landscape shall include, but not be limited to; water conservation
projects and the replacement and/or modification of high water demanding landscape and
their irrigation systems. Other projects shall be related to construction projects and/or
modification of high maintenance plantings in favor of low maintenance plantings on
landscape project sites.
27
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACl ITEM C.2
AGENDA ITEM REQUEST FO__._
Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to City Clerk's Office
Requested City Commission
Meet!"!! Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 7. 2004
o December 21,2004
o January 4, 2005
[8J January 18,2005
November 15,2004 (Noon.)
o February]. 2005
o February] 5.2005
o Ma,ch]. 2005
o Macch] 5,2005
January 17.2005 (Noon)
December 6. 2004 (Noon)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
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NATURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
c..-
D Development Plans ~~;
'""'-
0 I
New Business -,~.J
0 Legal -n
0 Unfinished Business '-:;,
0 Presentation r
0
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RECOMMENDATION: Motion to approve and execute by resolution the attached proposal of
Settled Solids, Inc. in an amount not to exceed $61,840.00 with a $6,184.00 project contingency for
the removal of sand from a City canal using a minimally invasive, patented dry-dredging method.
The removed sand will be used to restore the adjacent property owner's back yards to return
them to pre-Hurricane Frances condition. A seawall will be installed to hold back the sand. The
price includes a one year limited warranty.
EXPLANATION: Restoration of canal and private property adjacent to it due to a water main
break caused by Hurricane Frances. The storm blew over a large tree, and its roots broke a water
line. The water volume and pressure washed away sand from the area next to the roadway and the
adjacent back yards. The sand nIled in a large portion of a City canal, and left erosion and voids
in the backyards. This proposal is for restoring the canal and the backyards of the neighboring
properties. This private property will be restored after this canal restoration is complete.
PROGRAM IMPACT: Final restoration ofthe City's canal the adjacent properties due to the
impact of Hurricane Frances and the associated water main break.
FISCAL IMPACT: The cost of this proposal is $61,840.00 with a $6,184.00 project contingency.
Funds are available in the Hurricane Restoration Account #401-2822-536-52-98 HR 0402.
Pursuant to Section 2-56.1(d) of the Boynton Beach Code, this procurement is exempt from the bid
requirements as a sole source purchase. The contractor will be using a patented dry-dredging
method to perform this restoration work.
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
cr.......-....'...\
. .' . . ;'
. .
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Remove a very large tree to access the canal and restore using alternate
dredging techniques. The homeowners do not want the tree to be removed. The tree removal,
cutting, and hauling away ofthe debris, along with the canal dredging and final restoration would
be an expensive, invasive, and unpopular choice.
f),..j, 01 I) o.f
ment Head's Signature
~
City Manager's Signature
UTILITIES
Department Name
City Attorney / Finance / Human Resources
S:\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. ROS-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE APPROPRIATE CITY
7 OFFICIALS TO EXECUTE AN AGREEMENT WITH
8 SETTLED SOLIDS, INC. IN THE AMOUNT OF
9 $61,184.00 FOR THE REMOVAL OF SAND FROM A
10 CITY CANAL WHICH WILL BE USED TO RESTORE
11 ADJACENT PROPERTY OWNER'S BACK YARDS TO
12 PRE-HURRICANE FRANCES CONDITION; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, the City Commission of the City of Boynton Beach, upon
17 recommendation of staff, deems it to be in the best interests of the citizens and residents of
18 the City of Boynton Beach, to enter into an agreement with Settled Solids, Inc., in the amount
19 of $61,840.00 with a $6,184.00 project contingency for the purpose of using a minimally
20 invasive, patented dry-dredging method to remove sand from a City canal to restore adjacent
21 property owner's back yards to pre-Hurricane Frances condition; and
22 WHEREAS, pursuant to City of Boynton Beach Code Section 2-56.1 (d), this
23 procurement is exempt from the bid requirements as a sole source purchase.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section I.
The foregoing "WHEREAS" clauses are true and correct and hereby
27 ratified and confirmed by the City Commission.
28
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby approve and authorize the appropriate City officials to enter into an agreement with
31 Settled Solids, Inc., in the amount of$61,840.00 with a $6,184.00 project contingency for the
32 purpose of using a minimally invasive, patented dry-dredging method to remove sand from a
33 City canal to restore adjacent property owner's back yards to pre-Hurricane Frances condition
34
35
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CAIRESOlAgreementsISettled Solids (sand removal).doc
2
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21 ATTEST:
22
23
24
25 City Clerk
26
27 (Corporate Seal)
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
S:ICAIRESOlAgreementslSettled Solids (sand removal).doc
PO Box 470800, Lake Monroe, FL 32747-0800
(407) 322-0330 (866) 322-0330 Fax (407) 302-1857
MANAGEMENT, INC.
November 4, 2004
i~ @ ~ 0 WII:'
NOV - 8 2004
IWI~imw BfAI'M '1TILII';:;,
~U.L.""il .! ,\!. ~~ ,. . t,,~I~
Mr. Mark Bobich
Environmental Coordinator & Safety Official
City of Boynton Beach Utilities Department
124 E. Woolbright Road
Boynton Beach, FL 33435
Dear Mark:
Enclosed please find the revised proposal that addresses your requested changes for the City of
Boynton Beach.
Please look it over, sign one copy and return it to us as soon as possible. We can schedule your work
upon receipt of signed proposal and/or a purchase order.
Thank you for the opportunity to provide this proposal. We look forward to working with you in
"Protecting Tomorrow's Environment Today."
Sincerely,
~rJ7J~
Ken Mims
PO Box 470800, Lake Monroe, FI 32747-0800
(407) 322-0330 (866) 322-0330 Fax (407) 302-1857
MANAGEMENT. INC.
Proposal
City of Boynton Beach, Utilities Dept.
124 E. Woolbright Rd., Boynton Beach, FL 33435
Mr. Mark Bobich, Environmental Coordinator & Safety Official
Ph. (561) 742-6420 * Fax (561) 742-6298
Proposed Scope of Project Services:
Settled Solids Management, Inc., using a patented system consisting of a Vertical Grit Separator (VGS) with
a hydraulic pump and Hydro-shovel with Extension Handles used to access sand washed into the canal,
proposes to provide the following services:
Scope of Work:
Five to six feet of foundation material beneath the banyan tree has been washed away and is now in
the canal in an area approximately 50' x 60' x 3' deep (approx. 350 cubic yards). This scope of work
describes the task of dredging the canal, re-establishing a bulkhead and re-filling the area in and
around the tree.
November 4, 2004
The first thing to be done is install a turbidity net and street barricades.
In order to construct a rip rap wall, an area approximately 5' wide x 3' deep x 60' long will be
dredged to create a channel to stack and construct the wall to contain the sand on the hill and protect
the tree. This will take approximately 1,100 rip rap bags. We will supply an engineered plan and
shop drawings prior to starting work.
The extracted material from the canal will be dewatered by our machine and stockpiled on the ground
between the banyan tree and the roadway. The sand will be washed in and around the tree roots in an
effort to re-stabilize the tree. Holes will be dug through the root system to access the area under the
tree. A water supply from the canal will be used to wash the sand around and through the roots.
Now that the broken pipeline has been repaired and the storm damaged banyan tree has been
removed, sand has been brought in and repairs have been made to the shoulder of the road. If we
remove 350 yards of material, excess material may have to be hauled away.
Settled Solids Management is responsible for:
VGS for dredging and dewatering, pumps, supervision and labor to construct rip rap wall,
1,100 bags of rip rap,
Turbidity netting, as required by PDEP and South Florida Water Management District.
Engineering and shop drawings
12-Month Limited Labor Warranty
The City of Boynton Beach is responsible for:
Labor to remove debris such as tree limbs, bricks, children's toys, broken wooden docks and
any other debris that we cannot pump,
Sod and labor as necessary,
Fencing, as required,
Barricades for traffic control,
Forklift for unloading pallets of rip rap,
Permits and correspondence, as may be required, by Florida Department of Environmental
Protection,
Loading trucks and hauling away excess sand, if necessary,
Survey, if required.
All work will be performed in a timely and professional manner with great caution and within OSHA
guidelines.
ADDENDUM I
Proposal
Cost of Proposed Services:
Includes:
Labor to remove sand bar,
construct rip rap wall and replace sand
Engineering and Shop Drawings,
l2-month Limited Labor Warranty
Materials and Consumables
1,100 Rip Rap Bags
Mobilization and set-up
TOTAL
$ 61,840.00
NOTE: Limited Labor Warranty excludes any acts of God or the public enemy, vandalism, acts of the
government of the United States, or any foreign country, or any of them acting in their sovereign
capacity, acts of client's contractors or agents, fires, floods, epidemics, riots, quarantine restrictions,
strikes, civil insurrections, freight embargoes and unusually severe weather.
Payment Terms:
Upon Completion of Construction of Rip Rap Wall
Upon Completion of Contract
TOTAL
$25,000.00
$36,840.00
$61,840.00
VISA, Mastercard and American Express Accepted.
A copy of Settled Solids Management, Inc. Scope of Project Services Terms and Conditions is
attached hereto and by this reference made a part hereof.
Accepted:
for: City of Boynton Beach
Sign
for: Settled Solids Management, Inc. Sign
print
Ken Mims
President
Date: December 15, 2004
print
Date:
ADDENDUM I - Please accept this Addendum this date as written without company signature.
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MANAGEME:NT, !NC.
SETTLED SOLIDS MANAGEMENT, INe.
SCOPE OF PROJECT SERVICES TERMS AND CONDmONS
November 4, 2004
TillS AGREEMENT made this 4th day of November 2004, between City of Bovnton Beach, hereinafter referred to as
"CUSTOMER" at 124 E. Woolbril!ht Rd" Bovnton Beach, FL 33435 and Settled Solids Management, Inc., PO Box
470800, Lake Monroe, FL 32747-0800.
WHEREAS, Settled Solids Management, Inc. (SSMI) has submitted Proposal to customer specifYing the Scope of
Project Services and after having reviewed same, customer accepts the proposal and agrees to the cost thereof, the
parties agree to the following Terms and Conditions:
1.0 COMPENSATION
1.1 Customer agrees to pay SSMI for the Scope of Services contained in proposal.
1.2 SSMI will invoice customer upon project completion unless stated differently in section 7.
1.3 All invoices are due upon presentation and are past due after 30 days. All past due invoices are
subject to service charge of IYz% (one and one half percent) per month (18% per annum) on the
outstanding balance.
1.4 All costs of collection of past due accounts, including attorneys fees, shall be paid by customer, venue
for any legal proceedings shall be in Seminole County, Florida.
1.5 Customer shall remit payment to: Settled Solids Management, Inc., PO Box 470800, Lake Monroe,
FL 32747-0800.
2.0 SSMIWARRANTY AND LIMITATION OF LIABILITY
2.1 SSMI shall perform the services contained in the Scope of Project Services, using our patented
process, in a professional manner and with the degree of care and skill ordinarily exercised under
similar circumstances, with generally accepted industry standards. SSMI will conform to all local,
State and Federal regulations.
2.2 SSMI will not be liable for any special, indirect, incidental or consequential loss or damages.
2.3 The remedies set forth herein are exclusive and the total liability of SSMI under this agreement
including negligence or otherwise, arising out of, connected with or resulting from services provided
under this agreement shall not exceed the total fees for the services paid by the customer or
$50,000.00 U.S., whichever is less. Subcontract costs are not defined as fees for service under this
agreement.
3.0 CUSTOMER REPRESENTATIONS
3.1 Customer represents that sufficient funds are available or will be available in a timely manner to make
payment to SSMI of all submitted invoices.
3.2 Customer will provide SSMI personnel and subcontractors with right to entry to the site, and all
available data pertaining to site characteristics, if required, i.e., soil reports, previous environmental
studies, surveys and other documents relating to the site, where applicable.
3.3 Customer represents he/she holds clear title to any and all products to be treated or removed from the
site and is under no legal restraint prohibiting such removal or treatment.
4.0 CHANGES IN THE SCOPE OF SERVICES
4.1 Additional services requested by customer may be provided by SSMI and will be billed according to
the current SSMI fee schedule plus reimbursable expenses. If additional work requires SSMI to
employ subcontractors (i.e. trucks, laborers, equipment), that work will be billed at cost plus 25%.
!II
""ANAGI:MENT, INC.
4.2 Request for additional work or services shall not invalidate this agreement, but will be considered as
additional work or services required and billed accordingly. The terms and conditions included in this
agreement will apply to any additional work requested.
4.3 If accumulated solids are greater than the estimated volumes reported by the plant management, the
price would increase accordingly.
5.0 TERMlNATIONN ALIDITY
5.1 This agreement may be terminated, postponed or rescheduled by either party. Notification must be in
writing at least ten (10) days prior to work start date. In the event the defaulting party corrects the
problem(s) within thirty (30) days, this agreement may be reinstated. In the event of termination,
SSM! will be paid a termination fee of 10% of the contract amount. In the event of re-scheduling
before thirty (30) days, no charges will be imposed.
6.0 FORCE MAJEURE
6.1 Should completion of any of the services be delayed for causes beyond the control of or without the
fault or negligence of SSMI, including Force Majeure, the time for performance shall be extended for
a period equal to the delay. Force Majeure includes, but is not restricted to, acts of God or the public
enemy, acts ofthe government of the United States or of the several states, or any foreign country, or
any of them acting in their sovereign capacity, acts of client's contractors or agents, fires, floods,
epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes and unusually
severe weather.
7.0 WORK STOPPAGE OR DELAY
7.1 If, after starting the project, through no fault of SSMI, the project is stopped or delayed by conditions
caused by the customer not covered under Section 6.0, SSM! is to be paid at the rate of cost plus 25%
for each hour it is not allowed to work and its equipment remains on site. This charge shall be in
addition to the dollar amount of this contract. SSMI will submit a change order to the customer for
the additional charges. Payment of these additional charges shall be in accordance with Section I of
these Terms and Conditions.
8.0 DEFINITIONS OF TERMINOLOGY USED IN THIS CONTRACT
Sand - Silica as it relates to collected material in the canal.
Grit - mostly non-biodegradable, such as plastics, synthetic fabrics, rocks, metal objects.
Solids - pertaining to collected material smaller than 3" in diameter.
Rags - various fibers, hair, lint and fabric that collect as balls or ropes and attach to obstacles.
Warranty - we agree to remove 95% of all settled solids.
Biomass - live and dead bacteria kept in suspension with the liquid.
This agreement and its attachments represent the entire agreement between the parties hereto.
IN WITNESS WHEREOF the undersigned certifies that he/she accepts this proposal and the terms and conditions
herein as a contract and that he/she is duly authorized to execute this agreement.
City of Boynton Beach
Settled Solids Management, Inc.
By: ~ -;w'-O
Title: Ken Mims President
Date: November 4. 2004
By:
Title:
Date:
~
~
VI.-CONSENT AGENDA
ITEM 0.1.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl!Dates in to City Clerk's Office
D December 7, 2004 November 15,2004 (Noon.) D February 1, 2005 January 17,2005 (Noon)
D December 21, 2004 December 6, 2004 (Noon) D February 15, 2005 January 31, 2005 (Noon)
D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14, 2005 (Noon)
[8] January 18, 2005 January 3, 2005 (Noon) D March 15, 2005 February 28, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [8] Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The City Commission tabled the request at the December 7, 2004 meeting, and the applicant received a
postponement to the January 18, 2005 meeting. To date, a new location for the dumpster has not been identified, and staff
understands from the agent, that phase 3 documents and lighting plans will be prepared to present to the adjacent homeowners
the week of January 10, 2005. For further details pertaining to the request and the project status, see attached letter from the
agent and the Department of Development Memorandum No. PZ 04-245.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
St. Gregory Armenian Church (SPTE 04-011)
Dale Meaux, API Group
The Armenian Cultural Association of American
West of Southwest 8th Street, South of Boynton Beach Boulevard
Request for a one (I) year time extension of the site plan approval granted on September
2, 1003, from September 2, 2004 to September 2, 2005.
PROGRAM IMPACT: N~
FISCAL IMPACT: N/A
ALTERNATIVE~ n" N:A () ~
Develo~ &'SSignature
ft~ {) -Z:~
Planning and Zo g irector City Attorney / Finance / Human Resources
$:\Planning\sHARED\WP\PROJECTS\S1. Gregory's Armenian Church\SPTE 04-01 1 \Agenda Item Request $1. Gregory Aremenian Church SPTE 04-011 1-
18-05.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
December 23, 2004
Mr. Michael Rumph, Planner
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: St. Gregory Armenian Church
Dear Mr. RUll1fJh:
We would like to postpone our scheduled meeting with the City Council until the second
meeting in January because of our interest in satisfying the concerns of the Leisureville
residents. Following are the results of our meeting of December 16, 2004:
1. We have agreed to relocate the irrigation pump to the center of the property
as indicated on our drawings.
2. We have agreed to move the lift station to the center of the property.
3. We have agreed to place a 6' high wall as separation from the residential
areas as well as on the South property line.
4. We discussed the site lighting and feel that the current plan meets code and
should not be an issue. We will, however, provide a photometrics plan
showing light levels on the adjoining Leisureville lots.
5. We understand from the City of Boynton that we need a dumpster and will
investigate relocation possibilities.
6. Additionally, we are interested in building the gymnasium in the future and do
not want to surrender any rights for its development. One of Leisureville's
concerns about the gym has to do with not knowing what it will look like.
Therefore, we will provide design drawings in hopes of alleviating their fears
and concerns.
We want be good neighbors and are attempting to adjust our development to satisfy
Leisureville's concerns. Therefore we need additional time to address these issues.
With kindest regards,
~~
Dale Meaux, Architect
API Group, Inc.
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API GROUp, INC. 0111 EAST PALMETTO PARK ROAD 0 BOCA RATON, FLORIDA 33432 PHONE: (561) 392-7120 FAX: (561) 392-7502 0 AACOO1990
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 04.245
TO:
FROM:
Chairman and Members
Planning & Develo~~en~ Board
Michael RumPf~~V
Director of Planning and Zonln~ _,
Eric Lee Johnson, AICPW \!f'
Planner
THRU:
DATE:
PROJECT:
October 11, 2004
St. Gregory's Armenian Church / SPTE 04-011
REQUEST:
Site Plan TIme Extension
PROJECT DESCRIPTION
Property Owner:
The Armenian Cultural Association of America
Applicant{ Agent:
Mr. Dale Meaux / API Group, Incorporated
South side of Boynton Beach Boulevard, approximately 300 feet west of
Northwest 8th Street (see Exhibit "A" - Location Map)
ExIsting Land Use / Zoning: Moderate Density Residential (MDR) / Single-family Residential (R-1-AA)
location:
Proposed Land Use/Zoning: No change proposed
Proposed Use:
23,475 square foot church (162 seats)
108,900 square feet (2.5 acres)
Acreage:
Adjacent Uses:
North:
Right-of-way for Boynton Beach Boulevard, farther north Is an apartment
complex with a High Density Residential (HDR) land use designation, zoned
Multi-family Residential (R-3);
City owned vacant property with a Moderate Density Residential (MoDR) land
use designation, zoned Single-family Residential (R-1-AA);
South:
East:
Dual-zoning districts: Developed commercial with a Local Retail Commercial
(LRC) land use designation, zoned Neighborhood Commercial (C-2); Low
Density Residential (LOR) land use designation, zoned Single-family
Residential (R-1-A); and
Developed single-family residential homes (Palm Beach Lelsurevllle) with a
Moderate Density Residential (MoOR) land use designation, zoned Slngle-
family Residential (R-1-AA).
West:
Page 2
Memorandum No, PZ 04-245
BACKGROUND
The subject parcel Is comprised of two (2) rectangular-shaped lots located on the south side of Boynton
Beach Boulevard. According to public records, the Armenian Cultural Association of America has owned
the property since July of 1997. On September 2,2003, the site plan was approved for the construction of
a one-story church with 162 seats to be completed within three (3) phases. The flrst and second phases
Included the Initial construction and expansion of the church while the third phase Included the Indoor
recreation courts. At the time of approval, the applicant Informed staff that the timing of construction of
the third phase would be a factor of church membership. The floor plan showed that the Phase I portion
of the building footprint was 6,164 square feet and the Phase II portion was 8,159 square feet for a total
of 14,323 square feet. Also, It should be noted that the project Included a height exception (HTEX 03-005)
request to allow the church steeple to exceed the maximum height allowed by the zoning district.
A site plan Is valid for only one (1) year after a development order has been Issued. The developer Is
required to secure a building permit within that year. Mr. Dale Meaux of API Group, Incorporated, agent
for the church, Is now requesting a one (l)-year time extension, for the site plan (NWSP 03-013), which
was approved on September 2, 2003. If this time extension request Is approved, the expiration date of the
site plan, Including concurrency certlflcatlon, would be extended to September 2, 2005. The site plan
would stili be subject to the original 22 conditions of approval,
ANALYSIS
According to Chapter 4, SectIon 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits
Include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural.
The Regulations authorize the Oty Commission to approve one (1) year time extensions, provided that
the applicant flies the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on July 23, 2004. The payment for the time extension was received on August 4, 2004. Both
were received prior to the expiration date of the site plan.
According to the time extension application, Mr. Meaux states "we have been diligent In our development
efforts and have submitted the work plans for permit with the Oty for approval. The Engineering
Department has approved plans and has forwarded them to the Health Department (Palm Beach County)
for their review and approval. Presently, we are responding to their Initial comments. We expect to
obtain a building permit for site work which Involves site clearing, site grading and drainage and
retention, site sewage (which Included site sanitary lines, a 11ft station and a 200-foot sanitary line to City
connection), water, fire protection, drives, parking, a site perimeter wall and perimeter landscaping, This
Permit Application represents significant expenditure toward the development of the project.
Additionally, we have prepared permit drawings for the first phase of construction per our site plan
approval. These drawings were not submitted for permit because of an Owner decision to build not only
the flrst phase but also the church. Presently, we are In the final stages of new permit documents for the
construction of the project with the church Included. We are scheduling to submit permit drawings for
this construction within a few months. Considering two months permitting project, we project to have a
building permit by January 2005".
One Informal criterion that staff methodically utilizes In the evaluation of a request for time extensions Is
the applicants' demonstration or willingness to complete the project In "good faith". The applicant can
submit detailed plans to the Building Division In anticipation of eventually securing a building permit.
Page 3
Memorandum No. PZ 04-245
Submitting building permit plans demonstrates "good faith" to the City that the developer Is attempting to
complete the project. As of today, the applicant has not submitted any plans for any type of building
permit.
A more formal criterion for evaluating requests for time extensions Is a project's compliance with (traffic)
concurrency requirements. On July 16, 2003, the Palm Beach County Traffic Division approved the traffic
study for a 14,405 square foot church with a build-out year of 2004. As of this date, the project currently
has traffic concurrency which would expire prior to the anticipated build-out date. Therefore, the
applicant would be required to submit a revised traffic Impact statement with a build-out date of 2005 or
2006 (see Exhibit "C" - Conditions of Approval). It should be noted however, that on February 16, 2004,
the applicant paid for the water reservation fee. Mr. Peter V. Mazzella, Deputy Director of Utilities,
approved the underground Utilities piping plan for the church on June 3, 2004.
RECOMMENDATION
Staff recommends approval of this request for. site plan time extension (NWSP 03-013) and Its
accompanying request for height exception (HTEX 03-005). However, staff recommends that the site
plan expiration be extended for a period of nine (9) months rather than by one (1) year. This Is based, In
part, on the fact that the applicant has not submitted any plans to the Building Dlvlsion for permit review.
If this request were approved (as recommended by staff), the expiration of the site plan would occur on
June 2, 2005 rather than In September of 2005. Also, all conditions of approval from the original project
must stili be satisfactorily addressed during the building permit process. However, one new condition of
approval (regarding traffic concurrency) Is recommended In conjunction with this request for site plan
extension. Any additional conditions of approval recommended by the Board or City Commission would be
placed in Exhibit "C" - Conditions of Approval.
S:\plannlng\SHARED\WP\PROJECTS\Sl Gregoty's Annenlan O1urd1\SPTI: 04-oU\Staff Report.doc
Location Map
Saint Gregory Armenian Church
EXHIBIT "A"
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EXHIBIT" C"
Conditions of Approval
Project name: St. Gregory's Armenian Church
File number: SPTE 04-013
Reference'
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Staff recommends that the site plan approval be extended for a period of nine X
(9) months rather than one (1) ~ear as reauested bv the aDPlicant. Under this
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
scenario, the new expiration date would be June 2, 2005.
2. The applicant must submit an updated traffic concurrency approval letter X
from Palm Beach County Traffic Engineering that extends the build-out date,
onor to issuance of anv oermits.
3. All orevious conditions of aooroval must still be comolied with. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:lPlanning\SHAREDlWPIPROJECfSISt. Gregory's Armenian ChurchlSPTE 04-01I\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: St. Gregory Armenian Church
APPLICANT'S AGENT: Mr. Dale Meaux with API Group, Incorporated
APPLICANT'S ADDRESS: 111 East Palmetto Park Road Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 7, 2004 tabled to
January 4, 2005
TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for a 162-seat church
approved on September 2, 2003 (an extension to September 2, 2005)
LOCATION OF PROPERTY: South side of Boynton Beach Boulevard, approximately 300 feet west
of Southwest ath Street.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\pI.nningISHAREDlWPlPROJECTSISt. Gregory's Annenl.n ChurchlSPTE 04-011100.doc
cr
CITY OF BOYNTON BEA(
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM 0.2.
Requested City Commission
Meeting Dates
Date Final Form Must he Turned Requested City Commission
in to City Clerk's Office Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o December 7, 2004
o December 21, 2004
o January 4, 2005
r8J January 18, 2005
November 15, 2004 (Noon.) 0 February 1,2005
December 6, 2004 (Noon) 0 February 15,2005
December 20, 2004 (Noon) 0 March 1,2005
January 3, 2005 (Noon) 0 March 15,2005
January 17, 2005 (Noon)
January 31,2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
I:8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
February 14, 2005 (Noon) :;''')
C) .":"")-----1
I\J'l --<'
February 28, 2005 (NOD .-1 "
c.. . '-~
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Z
"."CJ
0 If:.;:)
Development Plans "',.
0 New Business -0 ''":1-1
:2: . .::J
0 ,-,
Legal I;;' -;'co
0 Unfinished Business '0 --fTl
n)>
0 U) l-flC"")
Presentation :J:
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The Plauning and Development Board on January 10, 2005, unanimously recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No.PZ
04-284.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Anderson PUD (MPMD 05-001)
Julian Bryan & Associates, Inc.
D. R. Horton, Inc.
West side of Lawrence Road; approximately 2,000 feet south ofHypoluxo Road
Request for master plan modification to allow a reduction in front set back from 25 feet to
22.5 feet.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Development
7/2-- t. )-( ,e
Planning and ZoniIJll DIrector
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 04-284
TO:
Chair and Members
Planning & Development Board
Michael W. Rum~~P
Director of Planning & Zoning
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
December 8, 2004
SUBJECT:
Anderson PUD - File No, MPMD 05-001
Master Plan Modification (Amending setbacks)
PROJECT NAME:
Anderson PUD - MPMD 05-001
LOCATION:
West side of Lawrence Road, one-quarter ('/4) mile south of Hypoluxo Road
APPLICANT:
Julian Bryan & Associates, Inc., on behalf of D.R, Horton
LAND USE/ZONING:
Low Density Residential (LDR)/ Planned Unit Development (PUD)
NATURE OF REQUEST
Mr, Julian Bryan, of Julian Bryan & Associates, Inc., on behalf of D.R. Horton Homes, is requesting to modify
the Master Plan for the Anderson PUD. This development is located on the west side of Lawrence Road, one-
quarter (%) mile south of Hypoluxo Road (see Exhibit "A" - Location Map), The specific request is to amend
the front yard setbacks of the individual lots from the previously approved twenty-five (25) feet to twenty-two
and one-half (22.5) feet, in order to be consistent with the first phase of the project developed immediately to
the north, under the rules and regulations of Palm Beach County.
BACKGROUND/ ANALYSIS
On May 4, 2004, the City Commission granted master plan/site plan approval for the Anderson PUD project, a
development consisting of 85 Single-family homes on an 18,32-acre parcel (see Exhibit "B" _ Site Plan). The
plan proposed one and two-story zero-lot line homes around a 3-acre lake.
According to the applicant, the proposed amendment would reduce the front yard setbacks by 2.5 feet (from
25 feet to 22.5 feet) and be consistent with phase one of their project (Palmyra) approaching completion
immediately to the north. There is an internal roadway connection between the phase one and phase two and
there are also shared recreational facilities. Additionally, the housing product will essentially be identical
between phases one and two.
The applicant has indicated on the revised master plan that the reduced front yard setback will only be utilized
for the construction of the single story models, which of course have a larger base footprint, and would be
Memorandum No. PZ 04-284
Anderson PUD MPMD 05-001
Page 2
limited to a maximum of 20% of the lots within the development. All front yard setbacks are internal to the
site and abut the internal circulation road, thereby limiting any external impacts associated with the request.
Staff does not believe the modification would lower the quality of the development, but would allow for a
greater mix of one and two-story homes while providing a greater diversity along the streetscape. The
modification of the front setback would not bring the entire front fa~ade forward 2.5 feet, but only about one-
half of the front fa~ade (garage or bedroom) depending upon the model. This step back or alcove
arrangement would add interest to the street. Additionally, the parking in front of the garage is not affected
by this modification, as there is adequate parking dimension so as not to create any obstruction to the
sidewalk network within the community.
Based upon the above information, it would appear as though the requested amendment to the Master Plan
has little to no affect on the adjacent properties,
RECOMMENDATION
The Technical Review Committee (TRC) has reviewed this Master Plan Modification request, and recommends
approval, based upon the attributes of the entire project, the compatibility of the proposed modification with
phase one of the project and the surrounding environment, and given the lack of negative impacts upon
adjacent properties. Staff also finds the subject modification of the master plan to be non-substantial. This
staff recommendation is contingent upon the comments indicated in Exhibit "C" - Conditions of Approval and
the original 39 Conditions of Approval. Any additional conditions recommended by the Planning &
Development Board or City Commission shall be documented accordingly in the Conditions of Approval.
MRjeb
Xc: Central File
S:\PlanningISHAREDlWPIPROJECTS\ Anderson PUDMPMD 05-001\Staff Report.doc
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ANDERSON PUD
EXHIBIT "A"
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IlOYN'TtlNlEACH,FLORIDA
RECTIFIED MASTER PLAN AND SITE PLAN
ANDERSON P.U.D.
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EXHIBIT
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C. ~~~U ITJJII1illID
EXHIBIT "C"
Conditions of Approval
Project name: Anderson PUD
File number: MPMD 05-001
Reference: 2nd review plans identified as a Master Plan Modification with an November 23, 2004 Planning &
k
Zoning date stamp mar in!!.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments:
1. The site plan and / or master plan design documents shall adhere to Chapter X
9 of the Code of Ordinances of the City of Boynton Beach entitled "Fire
Protection and Prevention". This ordinance adopts NFP A I, Fire
Prevention Code, 1997 edition, and NFPA 101, Life Safety Code, 1997
edition.
2. Design documents shall demonstrate compliance with Land Development X
Regulations Chapter 6, Section 16, which provides requirements for
hydrants Connections shall be to water mains that are not less than 6
inches in diameter. Domestic residential pressure shall not be less than 20
psi and must maintain a fire flow of at least 1500\ !!allons per minute.
3. 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 NFP A, (1997) Section 41-2.3.2.
4. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9,2001 that provides the minimum
performance for all security gates and emergency access. Another
Administrative Order dated May 15, 2001 addresses Knox Box storage of
information for responding emergency personnel.
5. Design documents must demonstrate compliance with the requirement for X
fire lanes that are provided in Section 9-12 of the City Ordinances. Signing
and marking are described in Land Development Regulations Chapter 23,
Section B.2.
6. Fire lanes shall be provided at the start of a project and be maintained X
throughout construction for access per NFPA I, Section 41-2.1.
7. Fire-rescue access roadways per NFP A 241, Chapter 5, shall be provided at X
the start of the proiect and maintained until completion.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
8. 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.
9. Indicate within the site data the type of construction of each building as X
defined in 200] FBC, Chapter 6.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of ]40 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 200] FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
11. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
12. 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 regu]ations."
);> From the F]RM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
13. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall/fence. Identify the type of wall/fence material and the type of
material that supports the wall/fence, including the typical distance between
supports. Also, provide a typical section view drawing of the wall/fence that
includes the depth that the wall/fence supports are below finish grade and
I DEPARTMENTS I INCLUDE I REJECT I
the height that the wall/fence is above finish grade. The location and height
of the wall/fence shall comply with the wall/fence regulations specified in
the Zoning Code.
14. 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.
15. 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 Cormnission-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)
16. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The
recorded deed shall be submitted at time of permit review.
17. 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 ofthe 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 I, Article V, Section 3(f))
18. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
PARKS AND RECREATION
Comments:
19. The Recreation & Parks Facilities Impact for this phase is calculated as X
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
follows:
85 single-family units @ 940ea ~ $79,900
The fee is due at the time of the first building permit for this phase.
FORESTERlENVIRONMENT ALIST
Comments:
Existin!! Trees Mana!!ement Plan X
20. The Landscape Architect should identifY by species and indicate the
diameter inches of all of the 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. Please comment on
the removal of all of the existing citrus trees when the site was a citrus
grove.
2!. Irri!!ation Plan-No Irri!!ation plan included in the submittal X
There is no irrigation system design included with the plans. The irrigation
design should be low-flow for water conservation.
22. In the design, all shade and palm trees should receive irrigation from a X
bubbler source. [Environmental Regulations, Chapter 7.5, Article II Sec.
5A.]
23. Turf areas should be limited in size. Landscape (bedding plants) areas X
should be designed on separate low-flow zones with proper time duration
for water conservation. [Environmental Regulations, Chapter 7.5, Article II
Sec. 5. C.2.]
PLANNING AND ZONING
Comments:
24. All 39 Conditions of Approval from the original Development Order are X
still in force.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
!. None X
ADDITIONAL CITY COMMISSION CONDITIONS
DEPARTMENTS INCLUDE REJECT
Comments: I I
II l. To be determined. I
S:\Planning\Planning Templates\Condition of Approva12 page revised 2003 [onn.doc
S:\Planning\Planning TempJates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Anderson PUD
APPLICANT'S AGENT: Julian Bryan / Julian Bryan & Associates, Inc.
APPLICANT'S ADDRESS: 1700 Northwest Arcadia Way, Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request for Master Plan modification approval to reduce the front yard
setbacks from 25 feet to 22.5 feel.
LOCATION OF PROPERTY: West side of Lawrence Road, approximately y. mile south of Hypoluxo
Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S;\PlanningISHAREDlWP\PROJECTS\Anderson PUOIMPMD OS-OOlIOQ,doc
City Clerk
cr
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\..l
VI.-CONSENT AGENDA
ITEM 0.3
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
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1, 2005 January 17,2005 (Noon)
0 December 21 , 2004 December 6,2004 (Noon) 0 February 15,2005 January 31,2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14,2005 (Noon)
I:8J January 18, 2005 January 3,2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
~")
C (")--1
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0 Administrative 0 Development Plans c.. -<c'
D* __) -rl
::z
NATURE OF I:8J Consent Agenda 0 New Business ~m
":e)
AGENDA ITEM 0 0 Legal .., ...
Public Hearing -'~I:
0 Bids 0 UnfInished Business -0 ,)-1
=s: - 0
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0 Announcement 0 Presentation N l
CJ
-"...,
0 City Manager's Report N "::>
CO ~l('")
:I:
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The Planning and Development Board on January 10, 2005, on a vote of 6-0, recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No.PZ
04-285.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Serrano Beach (MPMD 05-002)
Julian Bryan & Associates, Inc.
D. R. Horton, Inc.
One-quarter mile west of Congress; South of Golf Road
Request for master plan modifIcation approval to allow a reduction in front setback from
25 feet to 22.5 feet.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
ivJ~~~
City Manager's Signature
De ep
fz- ,( )~-;)!?
Planning and Zonin irector
City Attorney I Finance I Human Resources
S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 04-285
TO:
Chair and Members
Planning & Development Board
Michael W, Rum-;;fTllJL
Director of Planning & Zoning
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
December 10, 2004
SUBJECT:
Serrano Beach PUD - File No, MPMD 05-002
Master Plan Modification (Amending setbacks)
PROJECT NAME:
Serrano Beach PUD - MPMD 05-002
LOCATION:
South of Golf Road, one-quarter (V4) mile west of Congress Avenue
APPLICANT:
Julian Bryan & Associates, Inc., on behalf of D.R. Horton Homes
LAND USE/ZONING:
Low Density Residential (LDR)/ Planned Unit Development (PUD)
NATURE OF REQUEST
Mr. Julian Bryan, of Julian Bryan & Associates, Inc" on behalf of D.R, Horton Homes, is requesting to modify
the Master Plan for the Serrano Beach PUD, This development is located south of Golf Road, one-quarter (V4)
mile west of Congress Avenue (see Exhibit "A" - Location Map), The specific request is to amend the front
yard setbacks of the individual lots from the previously approved twenty-five (25) feet to twenty-two and one-
half (22.5) feet, in order to accommodate the proposed single-story models.
BACKGROUND/ ANALYSIS
On August 5, 2003, the City Commission granted master plan/site plan approval for the Serrano Beach PUD
project, a development consisting of 47 single-family homes on a 9.74-acre parcel (see Exhibit "B" _ Site Plan).
The plan proposed one and two-story zero-lot line homes around a small lake.
According to the applicant, the proposed amendment would reduce the front yard setbacks by 2.5 feet (from
25 feet to 22.5 feet) in order to accommodate the single-story models. Based upon South Florida Water
Management District review and comment on the proposed design and configuration of the lake during
permitting, modifications had to be made. The original concept of utilizing a retaining wall on the north side of
the lake had to be changed to allow a gently sloping lake bank, Associated with this change was a
requirement for a 20 foot wide Lake Maintenance Easement, which reduced the depth of the lots along the
north side of lake. Additionally, the Conditions of Approval associated with the City's approval of the plans (
requiring 25 foot rear setbacks for those lots along the north property line abutting Silver Lake Estates and for
those lots along the west property line abutting the Village of Golf), have further restricted the building
Memorandum No. PZ 04-285
Serrano Beach PUD MPMD 05-002
Page 2
footprint. As currently approved, a one-story model could only be constructed on four (4) lots. If the request
of the applicant were to be approved, a one-story model could be constructed on anyone of 26 lots, However
with the developer placing a limit on themselves for a maximum of 20% of all lots being eligible for a one-
story model, nine (9) one-story houses could conceivably be constructed.
As noted above, the applicant has indicated on the revised master plan that the reduced front yard setback
will only be utilized for the construction of the single story models, which of course have a larger base
footprint, and would be limited to a maximum of 20% of the lots within the development. All front yard
setbacks are internal to the site and abut the internal circulation road, thereby limiting any external impacts
associated with the request.
This modification to the Master Plan also reflects changes as a result of the Conditions of Approval from its
initial review and approval in 2003. Some of these modifications include the shifting of the lift station farther
south away from Silver Lake Estates, the amended rear setbacks (25 feet) abutting Silver Lake Estates and the
Village of Golf and notes on the plans reflecting that homeowners may not remove landscape material from
the required landscape buffers and that any proposed fence along the south property line will be placed so
that the laridscape buffer is between the fence and the LWDD canal. Additionally, staff has met with the
design team for the developer to ensure that the rectified site and landscape plans to be submitted for
permitting address all of the conditions of approval, including the doubling of the number of trees along the
north buffer, increase in the number of trees along the west buffer as mitigation for trees removed from the
site, as well as placement of trees along the width of the property frontage, along Palmland Drive,
Staff does not believe the modification would lower the quality of the development, but would allow for a
greater mix of one and two-story homes while providing a greater diversity along the streetscape, The
modification of the front setback would not bring the entire front fa~ade forward 2.5 feet, but only about one-
half of the front fa~ade (garage or bedroom) depending upon the model. This step back or alcove
arrangement would add interest to the street. Additionally, the parking in front of the garage is not affected
by this modification, as there is adequate parking dimension so as not to create any obstruction to the
sidewalk network within the community.
Based upon the above information, it would appear as though the requested amendment to the Master Plan
has little to no affect on the adjacent properties,
RECOMMENDATION
The Technical Review Committee (TRC) has reviewed this Master Plan Modification request, and recommends
approval, based upon the lack of negative impacts upon adjacent properties, Staff also finds the subject
modification of the master plan to be non-substantial. This staff recommendation is contingent upon the
comments indicated in Exhibit "c" - Conditions of Approval and the original 48 Conditions of Approval. Any
additional conditions recommended by the Planning & Development Board or City Commission shall be
documented accordingly in the Conditions of Approval.
MRjeb
Xc: Central File
S:IPlanning\sHARED\WP\PROJECTS\ Serrano PUDMPMD 05.002\5Iaff Report.doc
Location M
Serrano at Bo ap
ynton Beach
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EXHIBIT A
1 UN-SUSOIVlDED UN-8UBDMOEO VlllAOE Of GOLF
I VlLLAOE OF GOLF VIllAGE OF GOLF ZonIng: R
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IIOVNTONIlCACH,FLORlDA
MASTER SITE PLAN
SERRANO
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EXHIBIT B
EXHIBIT "e"
Conditions of Approval
Project name: Serrano Beach PUD
File number: MPMD 05-002
Reference: 2nd review plans identified as a Master Plan Modification with a November 23,2004 Planning &
d ki
Zoning ate stamp mar ng.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments:
l. The site plan and I or master plan design documents shall adhere to Chapter X
9 of the Code of Ordinances of the City of Boynton Beach entitled "Fire
Protection and Prevention". This ordinance adopts NFPA I, Fire
Prevention Code, 1997 edition, and NFP A 101, Life Safety Code, 1997
edition.
2. Design documents shall demonstrate compliance with Land Development X
Regulations Chapter 6, Section 16, which provides requirements for
hydrants. Connections shall be to water mains that are not less than 6
inches in diameter. Domestic residential pressure shall not be less than 20
psi and must maintain a fire flow of at least 1500\ gallons per minute.
3. 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 NFP A, (1997) Section 41-2.3.2.
4. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9,2001 that provides the minimum
performance for all security gates and emergency access. Another
Administrative Order dated May 15, 2001 addresses Knox Box storage of
information for responding emergency personnel.
5. Design documents must demonstrate compliance with the requirement for X
fire lanes that are provided in Section 9-12 of the City Ordinances. Signing
and marking are described in Land Development Regulations Chapter 23,
Section B.2.
6. Fire lanes shall be provided at the start of a project and be maintained X
throughout construction for access per NFPA I, Section 41-2.l.
7. Fire-rescue access roadwavs per NFPA 241, Chapter 5, shall be provided at X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
the start of the oroject and maintained until comoletion.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
8. 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.
9. Indicate within the site data the type of construction of each building as X
defined in 2001 FBC, Chapter 6.
10. Indicate within the site data the occupancy type of each building as defined X
in 2001 FBC, Chapter 3.
II. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2001 FBC, Table 600.
Submit calculations that clearly reflect the percentage of protected and
unprotected wall openings permitted per 2001 FBC, Table 600.
12. At time of permit review, submit signed and sealed working drawings of the X
orooosed construction.
13. 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."
a. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
b. 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).
I DEPARTMENTS I INCLUDE I REJECT I
14. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall/fence. Identify the type of wall/fence material and the type of
material that supports the wall/fence, including the typical distance between
supports. Also, provide a typical section view drawing of the wall/fence that
includes the depth that the wall/fence supports are below finish grade and
the height that the wall/fence is above finish grade. The location and height
of the wall/fence shall comply with the wall/fence regulations specified in
the Zoning Code.
16. 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.
17. 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:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. 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.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. 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)
18. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The
recorded deed shall be submitted at time of permit review.
19. 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. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. 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.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(t))
20. 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.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments:
21. 47 single-family units @ 940ea = $44,180 X
The fee is due at the time of the first building permit for this phase.
22. Recommendation that the developer include bike lanes for residents X
considering the proximity to an elementarv school.
FORESTER/ENVIRONMENT ALIST
Comments:
23. Existinl! Trees removal and Landscape Plan X
The applicant must submit a tree replacement (mitigation) plan for the 498
diameter inches of trees removed from the site:
Tree Species OuantitvDiameter inches (each) Total Diameter
Slash Pine 36 trees 10" each 360" total
Live Oak I double 12" each 24" total
Live Oak I single 30" each 30" total
Live Oak I single 12" each 12" total
Live Oak I double 6" each 12" total
Live Oak I single I 0" each 10" total
Acacia 5 trees 8" each 40" total
46 trees total 498" total
Total diameter of trees removed from the site is 498 diameter inches.
Irrigation System
24. There is no irrigation system design included with the site plans. All shade X
trees should receive water from an irrigation bubbler. [Environnemental.
Regulations, Chapter. 7.5, Article II Sec. 5,A.]
PLANNING AND ZONING
Comments:
25. All 48 Conditions of Approval from the original Development Order are X
still in force.
26. Applicant shall agree to, and place within the Homeowner Documents, that X
the perimeter buffer landscape shall be maintained as approved, and that
individual homeowner may not remove it for improvements on their
property.
27. There does not appear to be a fence proposed along the south perimeter of X
-
I DEPARTMENTS I INCLUDE I REJECT I
the subdivision. If one is currently contemplated, it should be indicated on
this plan. If one should be considered in the future, it shall be placed on the
north side of the 10 foot landscape buffer. This would place the landscape
material on the outside of the fence, screening the fence from Palmland
Drive. A note to this effect shall be placed on the Master Plan.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Serrano Beach\MPMD 05-002\COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Serrano Beach PUD
APPLICANT'S AGENT: Julian Bryan / Julian Bryan & Associates, Inc.
APPLICANT'S ADDRESS: 1700 Northwest Arcadia Way, Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request for Master Plan modification approval to reduce the front yard
setbacks from 25 feet to 22.5 feet.
LOCATION OF PROPERTY: South of Golf Road, approximately Y. mile west of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\.SHAREDlWPIPROJECTS\Serrano PUDlMPMD 05-002\DO_doc
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CITY OF BOYNTON BEAf
AGENDA ITEM REQUEST Flm.1H
VI.-CONSENT AGENDA
ITEM 0.4.
Requested City Commission Date Final Form Must he Tumed Requested City Commission
Meetiol! Dates in to City Clerk's Office Meetinl! Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1, 2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005
Date Final Form Must he Turned
in to City Clerk's Office
January 17,2005 (Noon)
January 31,2005 (Noon)
February 14, 2005 (Noon)"
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February 28, 2005 (Noo~
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0 Administrative 0 Development Plans
0 "
NATURE OF I:8J Consent Agenda New Business
AGENDA ITEM 0 Public Hearing 0 Legal N
0 0 00
Bids Unfinished Business C)
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The Planning and Development Board on January 10, 2005, unanimously recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No.PZ
04-287.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Centre @ Woolbright (NWSP 05-002)
Anthony Polera, Vitcar Consulting Company
Boca Raton Holdings, LLC
2315 West Woolbright Road
Request for new site plan approval for a 12,790 square foot office building on a 1.12-acre
site in a C-I zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATlVE~S: N/A
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Dekp ent epartme~rrector
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annmg an ng lrector tty Attorney Fmance uman Resources
S:\Planning\sHARED\WP\PROJECTS\Centre@ Woolbright fka Carina Collins etr, LLC\NWSP 05~002\Agenda Item Request Centre@ Woolbright
NWSP 05-002 I-18-05.dot
S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM DOC
City Manager's ignature
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04 - 287
STAFF REPORT
TO:
Chair and Members
Planning and Development Board
Michael RumPf~\;.t
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
December 13, 2004
PROJECT NAME/NO:
Centre @ Woolbright / NWSP 05 - 002
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Boca Raton Holdings, LLC
Applicant:
Keith D. Chambers, KCA Design Group, Inc.
Agent:
Anthony Po/era, Vitcar Consulting Co.
Location:
2315 W. Woolbright Road (see Exhibit "An - Location Map)
Existing Land Use/Zoning:
Office Commercial (OC) / Office Professional (C -1)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Request site plan approval for a two-story, 12,790 square foot
office building on a 1.12 acre parcel.
Acreage:
1.12 acres
Adjacent Uses:
North:
Right-of-way for the Lake Worth Drainage District (LWDD) L-26 Canal, then farther
north developed residential (Leisureville) zoned R1-AA (PUD);
South:
Right-of-way for Woolbright Road, then farther south is developed commercial
property (SunTrust Bank) zoned Community Commercial (C-3);
East:
Developed commercial property (Woolbright Professionai Plaza) zoned Office
Commercial (C-1); and
West:
Developed commercial property (Fidelity Federal Bank) zoned Office Commercial
Staff Report - Centre @ Woolbright (NWSP 05-002)
Memorandum No PZ 04-287
Page 2
(C-l), and farther west Congress Avenue right-of-way.
Project size:
The project consists of a two-story, 12,790 square foot office building.
Site Characteristic: The subject parcel is a relatively square piece of land approximately 250 feet long
and approximately 193 feet wide. The parcel is situated approximately 300 feet
east of the centerline of Woolbright Road and Congress Avenue, just east of the
Fidelity Federal Bank. The survey shows that the highest elevation is 14.0 feet
above sea level, located near the north property line, along the Lake Worth
Drainage District (LWDD) easement.
BACKGROUND
Proposal:
Boca Raton Holdings, LLC proposes to construct a two-story, 12,790 square foot
office building with 64 parking spaces.
Concurrency:
ANALYSIS
Traffic: A traffic concurrency approval letter has been received from Palm Beach County
Traffic Engineering with the build-out year reflected as 2006.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information for the subject property
to be adequate and is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
School: This project is exempt from the school concurrency requirements of Palm Beach
County.
Driveways: The subject property fronts on Woolbright Road, approximately 300 feet east of
the centerline of Congress Avenue. Proposed on-site circulation consists of one
driveway near the southeast corner of the property along Woolbright Road and two
(2) interconnections with the Fidelity Federal Bank site to the west, near the
southwest and northwest corners. These interconnections allow for access to and
from Congress Avenue, through the bank site, by virtue of a recorded joint access
agreement. The driveway width off of Woolbright Road is proposed at 24 feet.
Parking Facility: Parking required for this type of facility is based on one (1) parking space per 300
square feet of office space, for a total of 43 parking spaces. The plan as designed
accommodates 64 parking spaces, including 3 handicap spaces. The excess of 21
parking spaces will allow for accommodation of some medical and dental offices,
which have greater parking requirements (1 space/ 200 square feet as opposed to
1/300). The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the
handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped
aisle,
Landscaping: The Proposed pervious or "green" area of the lot would be 16,962 square feet or
Staff Report - Centre @ Woolbright (NWSP 05-002)
Memorandum No PZ 04-287
Page 3
34.6% of the total site. The landscape plan tabular data (Sheet L-1) indicates that
24 trees, 18 palms and 1,076 shrubs and groundcover are being provided. Typical
trees being utilized in the planting scheme include Live Oak, Dahoon Holly and
Crape Myrtle along with Sabal and Solitaire palms, Shrub materials selected for the
site include Cocoplum, Ixora, Blue Plumbago and Firebush. Two signature trees are
proposed to be planted at the entrance. Approximately 75% of the proposed trees
are native and 67% of the shrubs and groundcover depicted are native, The
proposed buffers meet code regulations and are consistent with surrounding sites,
Additionally, staff is recommending that the hedge material along the north
perimeter of the parking lot be planted at a height between 3 - 4 feet to assist in
buffering the residential properties north across the canal (see Conditions of
Approval). City code allows for the use of a landscape buffer at a minimum height
of 2 feet in lieu of a fence or wall in the C-1 zoning district. As noted above, staff is
recommending a more mature hedge to improve the buffer quality of the proposed
buffer at time of planting.
Building and Site: Building and site regulations will be fully met when staff comments are
incorporated into the permit drawings, The proposed two-story office building
would have a typical roof height of 27 feet -3 inches, measured to the top of the
crown molding on the average parapet wall. The decorative hip roof, which also
screens the mechanical equipment on the roof, reaches a height of 32 feet,
measured at the mean height between the fascia and peak. The maximum allowed
height in the C-1 zoning district is 30 feet. The applicant has also submitted a
height exception request (HTEX 05-002), for the two (2) foot deviation. Sheet A4
proVides an illustration of the building facades, with a stucco finish, score lines,
coquina banding and columns around the windows, decorative trims and moldings,
decorative entrance columns on the building and Spanish "s" tile roof.
Design: The color rendering indicates that the building would be designed as a classic office
building with a Mediterranean flavor, including the fa~ade improvements discussed
above, The first floor of the building and accent trim would be painted an off-white
color (BM Paints - "Ivory Tusk" 2153-70), The second floor and accent trim color is
proposed to be painted a creamy beige (BM Paints - "Rich Cream" 2153-60), The
base of the building is proposed to be painted a tan color (BM Paints _ "Desert
Tan" 2153-50). The Spanish "s" tile roof is proposed as "Sierra Blend", a mix of tan
and orange. The building style, materials and colors are compatible with
surrounding development.
Signage: The site signage, according to Sheet A1, will be a monument sign six (6) feet tall at
the top of the arch, by eight (8) feet in width, designed to compliment various
components of the building. The sign as proposed complies with code regulations,
which allow a maximum height of eight (8) feet. The sign will follow the overall
design characteristics of the building, including scoring, arch and coquina banding,
materials and colors. The tenant lettering on the sign is designed to be consistent
for any and all tenants the applicant is working with. Each tenant sign is proposed
to be individual channel letters six (6) inches high and black in color.
Staff Report - Centre @ Woolbright (NWSP 05-002)
Memorandum No PZ 04-287
Page 4
RECOMMENDATION:
The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff
recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions of Approval and
subject to approval of the accompanying Height Exception (HTEX 05-002). The Technical Review
Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of
plans submitted for building permit. Also, any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
EXHIBIT A
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
Legend
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80
Name: &
Location: SVl
Mailing: 10
BO
2004 Prelil
Market'
Assessed'
Exempt
Ta
2004 Estin
Ad Val
Non ad val
Sales Infol
Sales Da
Feb-2004
Nov-200J
Oct-1998
Oct-1998
Jul-1996
May-199!
Oct-1984
Jan-1979
Palm Beach County Property M~
Map Scale 1:3251
All Rights R<
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2315 WEST WOOLBRlGHT ilL>. BOYNTON BCH, FL
PALM B8ACJ1COUNTY, FLORIDA
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AGENT FOR B0C4 RA WN HOLDINGS, He
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23/5 WEST WOOLBH1GHTRD, BOYNTON BCH, FL
PALM llBACllCOUNTY, FLOlUDA
KCA Design Group, Inc.
Arobi~ De:sign. &PhmHna~.Lic. No. AAOOtW30
Keith D. Chambers, R_A
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EXHIBIT B
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EXHIBIT "e"
Conditions of Approval
Project name: Centre @ Woolbright
File number: NWSP 05-002
Reference: 2nd review plans identified as a New Site Plan with a November 23, 2004 Planning & Zoning date
stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments:
1. Inadequate turning radius is provided at the entry driveway to accommodate X
Solid Waste or truck turning movements.
2. The Dahoon Holly proposed behind the dumpster may present a vertical X
conflict for Solid Waste. A non-canopy tree is suggested in its place.
3. The existing Live Oak and proposed Dahoon Holly at the entry driveway may X
present a vertical conflict for high profile vehicles such as Solid Waste
accessing the property.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the X
water system serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
6. 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 seven (7) days of site
plan approval, whichever Occurs first. This fee will be determined based
upon final meter size, or expected demand.
Conditions of Approval
2
! DEPARTMENTS I INCLUDE I REJECT I
7. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
8. Utility construction details will not be reviewed for construction X
acceptability 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:
9. 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 NFPA, (1997) Section 41-2.3.2.
Show pipe sizes and lengths for fire sprinkler system and declare point of
servIce.
10. Design documents must demonstrate compliance with the requirement for X
fire lanes that are provided in Section 9-12 of the City Ordinances. Signing
and marking are described in Land Development Regulations Chapter 23,
Section B.2.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
11. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. 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.
13. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
14. Full drainage plans, including drainage calculations, in accordance with X
the LDR, Chapter 6, Article IV, Section 5 will be required at the time of
! DEPARTMENTS I INCLUDE I REJECT I'
permitting.
15. Indicate by note that catch basin and manhole covers shall be bicycle proof X
(LDR, Chapter 6, Article IV, Section 5.A.2.g).
16. Correct Section B2 on Sheet 2 of 2 of the Paving, Grading & Drainage Plan X
to correctly reflect I Y2 inches of asphalt surfacing, 8 inches of base material
in accordance with City Standard K-12. Please note there are no limerock
sources in Palm Beach County.
17. Correct the Type "D" concrete curb detail to correctly reflect an 18 inch X
overall depth (per FDOT Standards.)
18. 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.
BUILDING DIVISION
Comments:
19. 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.
20. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
21. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. 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:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
NGVD is above the highest IOO-year base flood elevation applicable to
the building site, as determined by the SFWMD's surface water
management construction development regulations."
b. From the FIRM map, identifY in the site data the title of the flood zone
that the building is located within. Where applicable, specifY the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
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).
24. 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.
25. 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:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. 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.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. 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)
26. 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.
27. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. 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.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
! DEPARTMENTS I INCLUDE I REJECT I
Comments:
Plant List-sheet L-I
28. A details sheet section on this page should include a line indicating where X
the 3" diameter at DBH, the clear trunk, the c.s.t., and the c.t. areas of the
shade and palm trees will be measured at time of planting and inspection.
29. Irril!ation -no plans submitted with application
The irrigation design should be low-flow for water conservation. All shade X
and palm trees should receive irrigation from a bubbler source.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5A.]
30. Turf areas should be limited in size. Landscape (bedding plants) areas X
should be designed on separate low-flow zones with proper time duration
for water conservation. [Environmental Regulations, Chapter 7.5, Article II
Sec. 5. C.2.]
PLANNING AND ZONING
Comments:
3l. All equipment located on the building shall be painted to match the X
buildinl!.
32. A single sign style (such as cabinet, channel, reverse channel) shall be used X
for wall signage.
33. The numerical address must be place prominently in the top portion of the X
monument sign, utilizing six (6) inch letters.
34. Approval of the Site Plan is contingent upon approval of the height X
exception request.
35. Staffrecommends the hedge (along the north perimeter of the parking lot to X
help screen the parked vehicles and their headlights from the residential
area to the north) be 3'- 4' at time of planting.
36. The foundation plantings should be shrubs, not groundcover like Liriope. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
Conditions of Approval
6
I DEPARTMENTS I INCLUDE I REJECT I
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I I
I 1. To be determined. I
S:\Planning\SHARED\WP\PROJECTS\Centre@ Woolbright fka Carina Collins Ctr, LLC\NWSP 05-002\COA.doc
S;\Planning\Planning Templates\CondiUon of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Centre @ Woolbright
APPLICANT'S AGENT: Anthony Polera, Vitcar Consulting Co.
APPLICANT'S ADDRESS: 900 NW 17'h Avenue, Suite 102, Delray Beach, FL 33445
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a 12,790 square foot,
two-story office building.
LOCATION OF PROPERTY: North side of Woolbright Road, approximately 300 feet east of the
centerline of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S'IPlanningISHAREDlWP\PROJECTS\Centre@ Woolbright\NWSp 05-002IDQ,doc
City Clerk
t
VI.-CONSENT AGENDA
ITEM 0.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~H
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetin2 Dates in to City Clerk's Office Meetin!! Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February] , 2005
0 December 2 I, 2004 December 6, 2004 (Noon) 0 February 15,2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005
I:8J January 18,2005 January 3, 2005 (Noon) 0 March 15,2005
Date Final Form Must be Turned
in to City Clerk's Office
January 17, 2005 (Noon)
January 31, 2005 (Noon)
,- .,
February 14, 2005 (NOoO.)l
c..
:0-
February 28, 2005 (No~
0 Administrative 0 Development Plans -n
~~
NATURE OF I:8J Consent Agenda 0 New Business ~"
AGENDA ITEM 0 Public Hearing 0 Legal t'v
co
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The Planning and Development Board on January 10, 2005, unanimously recommended that the subject
request be approved. For further details pertaining to the request, see attached Department of Development Memorandum
No.PZ
04-288.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Centre @ Woolbright (HTEX 05-002)
Anthony Polera, Vitcar Consulting Company
Boca Raton Holdings, LLC
2315 West Woolbright Road
Request for height exception approval of two (2) feet to allow decorative roof and
screening of mechanical equipment at a height of 32 feet, a distance of two (2)
feet above the 30 feet maximum height allowed in the C-1 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
A()~ ~
Planning and 20 . g irector
City Attomey / Finance / Human Resources
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-288
TO:
Chair and Members
Planning & Development Board
Michael RumPf(lv~
Director of Planning and Zoning
Ed Breese t:t!:ry
Principal Planner
THRU:
FROM:
DATE:
December 17, 2004
PROJECT:
Centre @ Woolbright / HTEX 05-002
REQUEST:
Height Exception
PROJECT DESCRIPTION
Property Owner:
Boca Raton Holdings, LLC
Applicant:
Keith D. Chambers, KCA Design Group, Inc,
Agent:
Anthony Polera, Vitcar Consulting Co.
Location:
2315 W. Woolbright Road (see Exhibit "An - Location Map)
Existing Land Use/Zoning:
Office Commercial (OC) / Office Professional (C -1)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Two-story, 12,790 square foot office building on a 1.12 acre parcel.
Acreage:
1.12 acres
Adjacent Uses:
North:
Right-of-way for the Lake Worth Drainage District (LWDD) L-26 Canal, then farther
north developed residential (Leisureville) zoned Rl-AA (PUD); and
South:
Right-of-way for Woolbright Road, then farther south is developed commercial
property (SunTrust Bank) zoned Community Commercial (C-3); and
East:
Developed commercial property (Woolbright Professional Plaza) zoned Office
Commercial (C-l); and
West:
Developed commercial property (Fidelity Federal Bank) zoned Office Commercial (C-
1), and farther west Congress Avenue right-of-way.
Page 2
Memorandum No. PZ 04-288
BACKGROUND
The applicant submitted a request for New Site Plan (NWSP 05-002) approval for the construction of a two-
story, 12,790 square foot medical office building. This application for a height exception accompanies the
request for New Site Plan approval. The subject lot is located on the north side of Woolbright Road,
approximately 300 feet east of the centerline of Congress Avenue (see Exhibit "An). The maximum building
height in the C-l zoning district is 30 feet and the building cannot exceed two (2) stories, The elevation
(see Exhibit "B") shows that the building will be two (2) stories tall, with a decorative roof over the center
of the building to assist in screening of the rooftop mechanical equipment.
ANALYSIS
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
states that in considering an application for an exception to the district height regulation, the City
Commission shall make findings indicating the proposed exception has been studied and considered in
relation to minimum standards, where applicable. Except for within the Central Business District (CBD),
Mixed-Use Low (MU-L), Mixed-Use High (MU-H) and the Suburban Mixed Use (SMU) zoning districts, the
standard citywide maximum building height is 45 feet. However, the maximum building height in the C-l
zoning district is 30 feet. The building as shown on the South Elevation (Front) on sheet A4 (see Exhibit
"B") is proposed at 27 feet - three and one-half inches, or nearly three (3) feet under the height
limitation, measured to the top of the parapet wall, all the way around the building. Therefore, the
proposed building complies with the maximum allowable building height in the C-l zoning district.
However, the decorative hip roof (which assists with the screening of the mechanical rooftop equipment)
is proposed to be 32 feet in height as measured to the mean height between the fascia and top of the
pitched roof. This portion of the roof is located in the center of the building and accounts for only about
one-third (1/3) of the total roof area, As a result, the project would require a two (2) foot height
exception. The buildings on either side of this proposed office building are comparable in scale. The
Fidelity Federal Bank to the west was constructed with the roof height of 28 feet, while the Woolbright
Professional Plaza to the east has roof elements at 30 feet.
Pitched roofs screening mechanical equipment are architectural elements that are eligible to be
considered for height exceptions. Staff determined that the project meets the intent of all criteria
itemized in Chapter 2, Section 4.F.3. The decorative roof would provide an attractive feature to help
beautify what would ordinarily be a plain flat roof, while assisting in the screening of the rooftop
mechanical equipment. The decorative hip roof will not negatively impact adjacent properties in terms of
reducing light or air. Granting of this height exception does not constitute a special privilege to the
current property owner, Staff feels that the decorative roof would enhance the overall project dynamic
and its exclusion would be detrimental to the design. It should be noted that the applicant diligently
worked with staff to design a building that would be both architecturally compatible with this
predominately profeSSional office district yet still be compatible with the adjacent residential. It should
also be noted that the pitch of the roof is designed "low" to minimize the magnitude of the requested
height exception, However, any further reduction would reduce its aesthetic benefit.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of two
(2) feet be approved for the decorative roof, subject to the conditions of approval listed in Exhibit "C",
Any conditions of approval recommended by the Board or required by the City Commission will be placed
in Exhibit "c" accordingly.
S:\Planning\Shared\Wp\Projecls\Centre @ Woolbrighl\HTEX 05-002\5laff Report.doc
EXHIBIT A
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Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
Legend
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Ad Val
Non ad val
Sales Infol
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Feb- 2004
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Oct-1998
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Jan-1979
Palm Beach County Property M~
Map Scale 1:3251
All Rights R,
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EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: Centre @ Woolbright
File number: HTEX 05-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: i I
I 1. To be detennined. I
S;\Planning\SHARED\WP\PROJECTS\Centre@ Woolbright\HTEX 05-002\COA.doc
S:\Planning\Planning Temprates\Condition of Approval 2 page .P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Centre @ Woolbright
APPLICANT'S AGENT: Anthony POlera, Vitcar Consulting Co.
APPLICANT'S ADDRESS: 900 NW 17th Avenue, Suite 102, Delray Beach, FL 33445
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request height exception approval to allow a height of 32 feet for the
decorative hip roof to assist in the screening of rooftop mechanical
equipment, an exception of two (2) feet.
LOCATION OF PROPERTY: North side of Woolbright Road, approximately 300 feet east of the
centerline of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S'IPlanningISHAREDlWPIPROJECTSICemre@ Woolbright\NWSP 05-002\DO.doc
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c' "',_' ,v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meetin!! Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005
0 December 21, 2004 December 6,2004 (Noon) 0 February 15,2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005
VI.-CONSENT AGENDA
ITEM E.l
Date Final Form Must be Turned
in to City Clerk's Office
January 17, 2005 (Noon)
January 31,2005 (Noon)
February 14, 2005 (Noon)
(~.:)
(1'1
February 28, 2005 (N"'l!2.
:Do
:;e:
0 Administrative 0 Development Plans N
NATURE OF I:8J Consent Agenda 0 New Business -0
AGENDA ITEM 0 Public Hearing 0 Legal r:~
0 Bids 0 Unfinished Business N
-...l
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the January 18, 2005 City Conunission Agenda under
Consent Agenda. The Community Redevelopment Agency Board tabled this project on December 14, 2004 to the January
11,2005 meeting, and then ultimately recommended that the subject request be approved. For further details pertaining to
the request, see attached Department of Development Memorandum No. PZ 04-279 (please note the correction made in the
staff report to the incorrect expiration date)
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arches (SPTE 05-001)
Ryan Weisfisch, Boynton Ventures I, LLC
Multiple owners
Southwest comer of Ocean A venue and Federal Highway
Request for a second time extension of the site plan approval granted on June 3, 2003, for
one (I)-year from the previously extended date of December 3,2004 to December 3,
2005.
~:1t1Z~
City Manager's Signature
epartment Dire tor
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Planning an 0 ing Director City Attomey / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001 \Agenda Item Request Arches SPTE 05-001 1-18-05.dot
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC
Corrected Report
TO:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-279
Chair and Members
Community Redevelopment Agency Board
THRU:
Michael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
DATE:
December 8, 2004
PROJECT:
The Arches / SPTE 05-001
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Multiple owners, including MGR of Palm Beach, Inc., Dolphin Bar Inc., and
Prime Plaza, Inc.
Applicant / Agent:
Mr. Ryan Weisfisch with Boynton Ventures 1, LLC
Location:
Beginning at the southwest corner of Ocean Avenue and Federal Highway (see
Exhibit "A" - Location Map)
Existing Land Use / Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Mixed Use project including Residential Multi-family, Parking Garage, Office
and Retail,
Acreage:
3,515 acres (153,113.4 square feet)
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBD);
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
South:
East:
Right-of-way for Federal Highway and father east is developed commercial
properties zoned CBD; and
West:
Developed commercial properties in Block 7 zoned CBD and then farther west is
right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBD.
Page 2
Memorandum No. PZ 04-279
BACKGROUND
In February of 2003, Boynton Ventures 1, LLC, the contract purchaser, assembled many different lots
throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The City
Commission approved the site plan (NWSP 03-002) on June 3, 2003. The project was approved for three (3)
separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would
primarily occupy the ground floor while office and residential uses would occupy the second and remaining
upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project
was to be built within one (1) phase. A subdivision master plan is valid for only one (1) year after a
development order has been issued. The developer is required to secure a building permit within that year.
On June 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the
corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by Boynton Ventures,
LLC. The land use amendment / rezoning request successfully changed the underlying land use from Mixed
Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High
Intensity (MU-H). The gross density of the project was approved at approximately 79 dwelling units per acre,
which was in compliance with the maximum density allowed in the MX-C land use category, Furthermore, both
the City Commission and the Florida Department of Community Affairs (DCA) approved the land use
amendment and rezoning application.
In May of 2004, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC requested a one (1)-year time extension for
the site plan (NWSP 03-002). Staff reviewed the application and recommended approval of the time extension
request. The Community Redevelopment Agency (CRA) reviewed the request but recommended only a six (6)
month time extension instead of the one (1) year extension requested by the applicant. On June 15, 2004, the
City Commission approved a six (6) month time extension by a 4 to 1 vote. The site plan expires on Dcccffiecr
15, 2001 December 3, 2004.
Unable to secure a building permit, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC is requesting a second, one
(1) year time extension for the site plan (NWSP 03-002). If this request for extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to Deecffiecr 1S, 2885
December 3, 2005.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the application for time extension on
November 12, 2004, which is one (1) month before the expiration date of the new site plan.
According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has "entered
into a contract for the purchase of the Arches land and are currently re-negotiating our contractual
relationships relating to the future development of this site, Faison has simultaneously put under contract the
'Katz Property' at the intersection of Ocean Avenue and 4th Street, and Faison is currently negotiating to
acquire the Leiffer parcel as well". While it may be true that the applicant experienced delays caused by
private matters or inherent problems with the subject site, the onus is still on the applicant to submit
drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting
these types of permit plans demonstrates "good faith" to the City that the developer is attempting to
Page 3
Memorandum No. PZ 04-279
complete the project. In defense of the developer, however, a project of this magnitude, plus the possible
acquisition of additional property would require more time for due diligence with regard to property
assemblage, project financing, and construction planning. Also, a more formal criterion for evaluating
requests for time extensions is compliance with (traffic) concurrency requirements. On January 6, 2002, the
Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257
dwelling units with a build-out year of 2005. The site plan time extension is still subject to the 53 conditions
approved in the original new site plan.
RECOMMENDATION
Staff recommends approval of this request for a second, one (i)-year time extension of the site plan (NWSP
03-002). As previously mentioned, if this request for site plan time extension is approved, all conditions of
approval from the original site plan must still be satisfactorily addressed during the building permit process.
Any additional conditions of approval recommended by the Board or City Commission would be placed in
Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001 \Staff Report.doc
Exhibit 'A' - Location Map
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EXHIBIT "e"
Conditions of Approval
Project name: Arches
File number: SPTE 05-00 I
Reference: Site Plan Time Extension
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
Conditions of Approval
2
I
S:\Planning\SHAREDIWPIPROJECTSIARCHES @ BBISPTE OS-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Arches (SPTE 05-001)
APPLICANT'S AGENT: Mr. Ryan Weisfisch with Boynton Ventures 1, LLC
APPLICANT'S ADDRESS: 1250 East Hallandale Beach Boulevard, Suite 305
Hallandale Beach, FL 33009
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 4,2004
TYPE OF RELIEF SOUGHT: Request a second, one (1) year site plan time extension for a large
scale mixed-use project approved on June 3, 2003 (an extension to
December 3,2005)
LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway
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, 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:
S:IPlanninglsHAREOIWPIPROJECTS\ARCHES @ BBISPTE 05-001100.doc
City Clerk
Requested City Commission
Meeting Dates
D December 7, 2004
D December 21, 2004
o January 4, 2005
I:8J January 18, 2005
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlvl
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 15, 2004 (Noon.) 0
December 6, 2004 (Noon) D
December 20, 2004 (Noon) D
January 3, 2005 (Noon) 0
February 1, 2005
January 17,2005 (Noon)
February 15, 2005
January 31,2005 (Noon)
March 1,2005
February 14,2005 (Noon)
February 28, 2005 (Noon)::)
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March 15,2005
o Administrative
I:8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o
o
o
o
o
Development Plans
New Business
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RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of
November and December 2004 for informational purposes.
EXPLANATION: Per Ordinance 001-66, 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 authorized 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 0061-66, 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 entitles "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be
made.
ALTERNATIVES: Revert back to the old bid threshold of$IO,OOO.
~~
City Manager's Signature
uJ~J~~J--
City Attomey I Finance I Human Resources
/Xo1~/ ~/)
As tant to the Finance Director
r//l//;rlC/J9L 6&eV/c&3
Department Name
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTHS ENDED NOVEMBER AND DECEMBER 2004
1. Vendor: R & S Integrated Products & Services, Inc.
Requesting Department: I.T.S.
Purchase Amount:
Contact Person:
$ 46,861.00
Carolina Luque
Brief Description of Purchase:
Software and hardware technical support and maintenance for LaserFiche used by departments citywide. This includes
version upgrades of all software products when available at no additional cost.
Source for Purchase:
Sole Source -- match existing
2, Vendor: Security One
Requesting Department:
Public Works/Engineering
Fund Source: 001-1510-513-46-91/22
Computer/Software Maint
Purchase Amount: $ 12,347.66
Contact Person: David Stump
Brief Description of Purchase:
Installation of network proximity card readers in Fire Station #4, on five (5) doors per plans and specifications.
Source for Purchase:
SNAPS
Fund Source: 305-4118-580-62-01
Fire Assessment - Sleds
Purchase Amount: $ 16,600.00
Contact Person: Larry Koerner
3. Vendor: Awnings Plus
Requesting Department:
Public Works
Brief Description of Purchase:
Fabricate and install four (4) replacement awnings with frames and covers for the Madsen Center and Shuffleboard
Courts.
Source for Purchase:
Written Quotes
Fund Source: 001-1211-512-52-98
Hurricane Frances
Purchase Amount: $ 13,326.00
Contact Person: Freda De Fosse
4. Vendor: Southern Construction Systems
Requesting Department: Golf Course
Brief Description of Purchase:
Repair damage to the roof of the Maintenance buidling caused by Hurricane Jeanne.
Source for Purchase:
Written Quotes
Fund Source: 411-2911-572-52-97
Hurricane Jeanne
Purchase Amount: $ 11,250.00
Contact Person: Tim Calhoun
5, Vendor: Master Hydraulics, Inc.
Requesting Department: Public Works/Fleet Maintenance
Brief Description of Purchase:
Additional labor required to complete refurbishment of truck #169. Original bid included one month of labor; actual
refurbishment required three months. Total cost of refurbishment is $39,950.
Source for Purchase:
Sole Source -- existing vendor
Fund Source: 501-5000-590-09-85
Fleet Repairs
10f2
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and
are now being presented to com~
City Manager Approval:
t/1/D~
Date:
Presented to Commission for information on January 18, 2005.
20f2
cr
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACF ITEM G.
AGENDA ITEM REQUEST FOklVl
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 Meeting: Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon)
I:8J January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF I:8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds /Tom Commissioner Mike Ferguson for
Heritage Fest 2005.
EXPLANATION: Commission approval is requested for allocation of Community Investment Funds as follows:
$500 for Heritage Fest 2005 by Commissioner Mike Ferguson
PROGRAM IMPACT: Allocation of funds will assist the above programs.
FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community
Investment Funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
~~~,
City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: December 30, 2004
Requested by Mayor/Commissioner: Mike Ferguson
Amount Requested: $500
Recipient/Payee: Heritage Fest 2005
Description of project, program, or activity to be funded: Funding for Heritage Fest 2005.
Dated:
By:
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 $10,000. $0 has been used to date by the requesting Member, leaving a
balance of available funds of$10,000 This request would bring the available amount down
to $9,500.
Accordingly:
(J
(J
There are funds available as requested
There are insufficient funds available as requested.
Dated:
By:
Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
(J The proposed expenditure of funds will not result in improvement to private
property;
(J 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;
(J 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
(J 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:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2004-2005\Ferguson request - Heritage Fest 2005.doc,
12/30/2004
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORn'.
Requested City Commission Date Final Fonn Must he Turned Requested City Commission
Meetin~ Dates in to City Clerk's Office Meetine: Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005
VI.-CONSENT AGENDA
ITEM H.
Date Final Form Must be Turned
in to Citv Clerk's Office
January 17,2005 (Noon)
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January 31, 2005 (Noon)-
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February 14,2005 (Noonr-
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February 28, 2005 (Noon~
-
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0 0 Development Plans .r:-
Administrative
NATURE OF I:8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Ratification of City Manager's action to accept a proposal from Florida Electric
Contracting Service, Inc. for replacement of the lights at the Little League Park NOT TO EXCEED
$73,575.
EXPLANATION: Due to Hurricanes Frances and Jeanne, !OI lights at the Little League Fields have been
damaged and require replacement. Florida Electric Contracting Service, Inc. is currently on contract
with the Broward County School Board (Contract #24-052R - EXHIBIT A).
PROGRAM IMPACT: If the replacement of the lights is delayed, the Little League season will be affected
as most of their play and practice is done during the week after school. Replacement ofIights at the
Little League will reduce the annual financial impact on the City. The lights were installed in 1983 and
require yearly repair. New lights will require fewer repairs for many years.
FISCAL IMPACT: Account # 001-12-11-512-52-98. The Project Number is HR 04-02.
ALTERNATIVES: Do not repair the lights.
/i
Department Head's Signature
~
Recreation & Parks
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
E.Jorida Electric Contracting Service. Inc.
1445 SW 21" Ave., Ft_ Lauderdale, FL 33312 (954) 587-6760 (954) 321.0355 fllx
December 20,2004
Mr. Tom Balfin
City of Bo)nton Beach
Parks & Recreation
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
Phone: (56)) 742.6252
Fax: (561) 742.6592
Mr. Balfin:
Florida Electric Contracting Service, Inc. propose to provide all labor, equipment and material to install
now light fixtures at Little League Park. The work will consist of removing and diSposing of the eXIsting
light fixtures, providing and installing llew GE Powerspot Ul sports light fixtures and mounting them to
the existing angle iron cross arms at the top of the poles. \Ve will install new junction boxes at the top of
the poles with individual fuses for each fixture and connect to the existing electric at the top of the poles
which is assumed to be in proper working condition. The fixture installation will include new mounting
hardware from the fixture to the existing cross arm and new SO cord from t:te fixtw'l! to the junction
box. We will provide a photometric lighting design for the new fixtures shOwing the aiming location for
each fixture. We will locate and mark the aiming point for each fixture on the field and aim each fixture
to its aiming point. This proposal is based on a fixture for tixture replacement and asswnes the cxisting
poles are structurally capable to support the lighting. The City ofBo~'nton Beach will be required to
provide 3ite dra"~ngs showing t.':le locations of the fields i poles in Auto-Cad format and provide
complete access to the poles with stable groWld for L1e equipment. Electrical drawings for pemlitting
can be provided at a additional cost if required. The city ""ill be responsible for payment of permit fees.
The estimated cost is $675.00 per fixture and $450.00 per junction I fuse box, This cost estimate is
based on replacing all the fixtures in the park. We will hill this project on liT & M basis according to
our existing contract with the School Board of Broward County, Bid #24-052R Issuance of a purchase
order shall be acceptance of this proposal.
Please feel free to call me should you have any questions or require further information.
Sincerely,
/~~
'-..,./
Kevin J, Nuss Vice President
Florida Ekctric Contracting Se!"\1ce, Inc.
License #ER0015484
14..,.. '3 '5-,.s.O'O +- .s.u.V'-.l{: 'i
'W 1; \
i.\[)~IIW.'''\ClTYO~ ,6(lynt~", &aclJ',lilti~ L~IiU~ ?1rk Ilill:ture R""I':~Ill..t.P~KI'M ..p~
Florida Electric Contracting Service, Inc.
1445 SW 21" Ave., Ft. Lauderdale, FL 33312 (954) 587.6760 (954) 321-0355 fax
Octob<:r 29. 2004
Mr. Tom Balfin
City of Boynton Beach
Parks & Recreation
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
Phone: (561) 742-6252
Fax: (561) 742-6592
!\k Balfin:
Florida Electric Contracting Service, Inc. has entered into a Security and Sport Lighting Syster.1
Service/lnstallationlRepair contract with the School Board of Broward County. As a condition of
this contract, other cities have the ability to attach to it and our company agrees to adhere to the
terms and rates specified in that contract.
I am also sending you a completed W -9 form with the needed information about our company for
your records. In addition I will request a Certificate of Insurance to be sent to you at the above
address and FAX number.
We appreciate the opportWlity to be of service to you and look forward to continued service for
all of your electrical needs.
Please feel free to call me should you have any questions or require tUrther information.
Sincerely,
-~c/~/
Kevin J. Nuss. Vice President
Florida Electric Contracting Service. Inc.
License #EROO I 5484
:".0..\ WP\C!T\T.)oCS\9l>)~I"~ 9..m.'.Att""h5:J:lBCJ.ttlll', wpd
~d__
Mark Alim
Purchasing Agent Ul
~
THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA
-='"=""'==- 7716 WEST OAKLAND PARK BOliLEVARD. SUITE:3l1 . SUNRISE. FLORIDA 33J51..(i701 w TEL "5+321 O';Os
-(l:,..: = DONNIE CARTER -- SCHOOI_BI',':;;--
Director of Pun haslng
Apnl 20, 2004 Cll,w C.iU(OLE L ANIlr ~,
~ u Om, ~rePHANlE: ARM" ;;1 ."\Pl, ESQ
JUDIE 5. fJUONIC"
DAJUA L eARTH
BEVEkl Y A. 0,0..1 ' ',( I .fEll
DR. ROBERT D. rq,}.;':
MARTY RVBlNf;l ,I"
LOIS WExLER
13r.N'JAMTN J. Wil, ,\ S
Bondi! Ele<.iT:ic: Contracting Servicel lne
1445 SW 21M Avenue
Ft. Lauderdale FL 33312
DR. FRANK TILL
sliM'"ftUl!~tI11Q/S,,,,,,,I,
Subject: LETTER OF A WARD/CERTlFICA TE OF IN!:lIRArlCE
Bid Number. 24-052R
Description: Security and Sport Lighting Sye.teUl$J Survey {,.:lent fication, PreVf I~ ij "e
Maintenance, Repair and Installation
Term Contract; MflY 1, 2004 through June 30, 2006
The School Board of Broward County, Florida has accepted your bid for Prim.ny: ItelD 1 subject to )"lpJiance with
subject bid specifications, tenns and conditions. all pertinent law5 of the State of J'kJrida and instructicm !" determined
by tbe Attorney for the School Board. The School Board of Broward County, Flode a feferves the rigld ~,) prrn.inate this
contract at dJ'ty time and for any reason upon giving thirty (30) days prior written :1C>tice
)
Your Ce!tific.ate of Insurance form and Inderrmification Clause where applkabl.! :uust be on file in h.~ 'lffice of Risk
Management Department within fifteen (15) d.a.w of this notification.
It is impurtant that you notify your insurance agent for general liability insurattce th,lt the insUri'd T.~ requirements
attached to the above bid require that The: School Boal:d of Broward County, Fkrida, b~ included a'; .(JI ..dditionaIlv
named insu:red under th~ General Liability Policy. This informC\tfon must be ,Zi.ecifkallv stated on d -t-- CMtiIicate of
Insurance submitted by your insurance agent in order for thf! Certificate to be acc~ptElbl~!. The above bi.'Utumber must
~.ont1~~_~~rtific<!tggdJmitted.
No work can comrn.ence 01\ the itern(s) accepted on this bid LU"l.til this CertificHtl;. of Jnsurance fonr;
appr(rved; and a written purchase order is released.
" received and
The completed Certificate of Insurance must b. mailed to: RISK MANAGEMENT DEP AJtTMENT , Th,
Browdfd County, Florida, mo W. Oakland Park Blvd 33351 and fax a copy to t1(' PUHCHASlNG Dt
(754j 321-0534.
.~. 1001 Board of
"{TMENT AT
Attach""d to this letter of agreement is the request fot' SBBC Photo Ide:ntifiCO'litioil BOl.d{;E(s' for your
Please refer to SpEcial Condition of the subject bid, the attached infomlation and applicahon form
"1' c>scntative(s).
SUlcl?T-elv
'Y- -~.
,., //
L~,"", t{.r! "'.L,._
Mark Alan
Plit("h~sing Agent III
cc
'\ston A. Henry Jr., Supervisor, Ri~k Man.agt..~TT1€nt Department
[3id File
Enclosures
)
TraM/orming EducatiofJ. One Swdenl at A Time
Broward COlI.nIY Public Schools Is AfJ Equal OPPQI""flJi~IIIEqual AcctSJ Emplcy-er
,..--. 1
" ----
..----
Bid No. 240052R
The Schc:ioIlloan:l 01 Sroward County, Rorida Page 11 of 31 Pages
1 -AEVISill-
SECURITY AND SPORT UGHTING SYSTEMS, SOFlVEY IDENTIFICATION, PREVENTIVE MAlNTENAHCI, REPAIR
AND INS'TAWTlON
SEcnllH S. BID lltIMMARY SHEET
lIIII.1; /TO Ill! AWARDED All A OIlOUPI UNIT PRICE TOTAL C08T
A. 1 000 eac~ SUAV!Y IDINTlJllCATlON ONLY for poles up 10 50
felt high (PI118ll818 AlIlIchment 'A') S 2:1.00 tllr S 25.000.00
B, 500 each SUFlVEY IDENTIFICATION ONLY lor poI88 grea1llr
lIlan 50 feet high (PIll_III AttacIlment 'A') $ 50.00 hw $ 2:1,000.00
C. 10,000 hours JOURNiYMAN !U!CTAICIAN, hourly labor /II. $ 38..50 hw $385.000.00
0, 10,000 houill !!I.!CTRlClAN'S HELPER, hourly labor rate $ 32.00 IIlr $320.000.00
EQUIPMENT RENTALS WITH OPERATORS, per
hour, for aI of 1I1e tollov.fng eqUipmen~ to IrDude any
I'llQLired opera1llrs end ~ to 1I1e IIitM, u
required for projeot& and IlIe BId Specifcdons:
E. 1,000 hours 1 00-1oot buckIll truck $ 85.00 n. $ 85,000.00
F. 3,Soo hours Il5-Ioot buckelllllck $ 75.00 1hr 8262,500.00
J G. 300 hours SlHoot, 2-man p18lform 11ft 840.00 Ihr S 12,000.00
H. 1,200 hours Auger wilh pole 1lBtl8r, lI-fool ~ depth wIt1 up to
24-in<:h liImIter S 5.00 /hr S 6,000.00
t. I. 1,000 hours Auger wilh pal setter, t Meet d1gg18g diplh wilh up to S 75 .00 $ 75.000.00
'. 6O,"h diameter hr
J. 1,300 hOUlll Trencher v.1t/lllne laye! $ 5.00 tllr $ 6.500.00
K. 1,200 hours Trencher with s-Ioo1 digging d8fllh and rock chain $40.00 /hr $ 48.000.00
TOTAL BID IT!!" 1 (A - K Incluelv8).....................,...................__....._....... $I. 250,000 _ 00
)
VENDOANAME: F~o..1da El.ectric CQUtract~ Service. Inc.
MMr
Bid No, 240052R
Page 12 of 31 PIg..
The School B08m of Brawam County. Florida
SECURITY AND SPORT UGHTlNG SYSTEMS, SURVEY IDENTIFICATION, PREVENTIVE MAINTENANCe, R!PAlR
. AND INSTALlATION
SECTION 5. BID SUMMARY SHEET
ADDITIONAL REQUIRED INFORMATION FOR HOURLY LABOR RATES
OVERTIME: Journayman EIIClJicIan
$57.75
Ihr
Electncian'. Helper
$48.00
$48.00
Ihr
Rantal Equipment Operator
Ihr
Bidder mUllltate the times when overtime hourly rat.. apply other than normal SBSC worklng hoUfll of 8 am to 5
pm, Monday through Friday: OUr nonoal worltiDg hDUr" an 7, 00 AH to 3: 30 PH (rith
1/2 lltn,lr8 for luoch) ~ftdlllY t'h'f"'nl1th hot"..... OutBid. of the.se. bours OveJ:t:la.
....t.e apply nth the e""ept1.on of llo114aye, wb1ch a". b1lle4 ..t the ratee below
WEEKEND: Journeyman Electriclan $57.75 !hr
Electrician's Helper '48.00 Ihr
Rental Equipment Operator $48.00 Ihr
Weekend labor rallls win apply all day on Saturdays end Sundays only.
HOl./DAY: Journeyman Eledrician. $77.00 Ihr
EJectrldan'e Helper $64.00 !hr
Rantal Eq~antOperator $64.00 !hr
BIdder rnuet attach a Het of holidays observed thai qUllfy for IUrJay labor rales.
EMERGENCY CAU.-BACK: In accordauc:e rith rate structures above
Journeyman EleclrfcIan lOa. ..bove Ihr
Electrician's Helper Sill above Ihr
Rental Equipment Op8/'lltor ace abaTe /hr
Bidder must state the minimum number of hculll n!lCllll88ly lor compensation (may not exc:eed 4 hounIlor any
perlod on the cloCk, any day, any time.)
2 hr(e)
VendOl'l shall provide quality equipmen~ el(perienced operatOIll, IIlInaport ClIp8biIitJllS and all other appropriate il8me to
ensure maximum performilllC8 of llqulpment. Payment of the renlIl due to equipment talure WIll be pro.IIlIId to tile
dlll.68mB when II1e equipment ",nled WIIS used pilar to faUUI8. dapnllnt upon the lDIal equipment cost r:J Item IIntlld far
the origlIlaJ timeframe requested.
VENDOR NAME: I'lor1da Electric Contrsct1J>lI: Service, Inc.
IM/Ir
Bid No. 24.()~2R
P"Il" 14 of31 fall""
Th. School Board ofBrowerd CoUJll)/, Florida
SECTJRJ'I'Y AND SPORT LIGHTING SYSTEMS, SURVEY IDENTtFICA TION, PREVENTIVE MAINTENANCE,
REPAIR AND INST ALLil. TION
OTHER ADDmONAL lNFORMA TION (Cft.tin.ed)
Bidder to 'l8le additional HOURLY RATES for other than ll.~d equipment (Including opera1ors and tronsportlltion) available ror
this contnlCI If you need to use additional shoet>, plcasc include th. bid nwnber and tho namo of your comp8llY on eeclt sheeL
EOUIPMI!:NT
General Service Truck (including Journeyman Electrician)
85-[001 Bucket Truck
9-ton Crane (telescopic w/pin-on bucket 100 ft reach)
25-ton Crane
40-lon Crane
70-ton Crane
120-too Crane
Texoma 500-30 Auger Truck up 10 5' bit, 30' digging depth
Texoma Taurus Auger Tmck, 3-6' diameter bit, 52' digging depth
Gel Pumping Truck (required for setting large poles)
Backhoe
Skid Loader
Heavy Transport Truck
Missile Boring (up to 2" conduit; up to 50 feet)
DIsposal Fees: Concrete Poles
Wood poles w/creosote
OTHER SERVICES
Electrical Eniineering
ROITRT,VRATE
$48.50
$80,00
$85.00
$110,00
$143.00
$182.00
$3,480 per DAY (1 day min.)
$85.00
$220.00
$65.00
$55.00
$55.00
$90.00
$20.80 per foot
$60.00 per ton
$65.00 per ton
$100.00 per hour
Fe<m W-9
Request for Taxpayer
Identification Number and Certification
Give form to lhe
reque_. Do nol
send 10 the IRS.
IRev J;!IMUOty 20(3)
r;l"paI"lmc\lOrtM"ru5LIry
INtI'lIllt~flInueS<lrvlc;1l
...... Name
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Florido Electric Conte
Bu$IM6tI nam., if dtl'fereM\ /'rem ",oove
tin
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Checl\ approprlare box; Sole J)i'OPfiel:or IAJ Corporation
ACdfMS (l'Il)mber, street. &riel apt. or 'SloIlte no,)
IUS s. if. 21et:Avenue
City, $t8l4I. and ZIP cocIa
Fort Louderdale FL 312
LJM: account number\S) Mar. (opoonaO
o Partner~p 0 Olrer'" ...~n---_'''~__.'
O Exempt from backup
withhOlding
R8quC$ter'3 n!ln:8 antJ IIddresS {Optlone'
Tax II r Identification Number
Enter your TIN in the ~PPr'Qr.late box. For Individu9lS. thIs is your social 5ec~.Jrlty rumber ISSNJ.
Haw.ver. for. resid.nt. .n. sole proprietor, or dis:togarded .wJr;y, see the Part I instn.lQtioM on
pilge 3. For other entities, Ills 'jC'AJf ernploy;r identific:",tlon oomber (EfN), It you do not Mve a rvnber,
see How to get . TIN on pl!g& 3.
~t!I: If tile account is in mDI'Q thBn ont ~mg, see the charr on psge -I for guidelms on who:Je I'14JIttbe,
~O~.
LLi"'Y nu_'
+ I + I
or
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Certification
Under pQllBltles cI perjury, I cenify that
1. The numb$' thQwn or. thils -fotm 19 m)' cOf'f'$I;t t4xpl)'Br ~tlfiClltion numbEv' (or J 8m w.ltlng for a JWmber to be: i88ued to me), .nd
2. I am not subject to' backup witht\clldlng because: (.) I am exempt from b.ck.....p withholding. or (b) I have not been notified by the IntemaJ
Revenue Service (IRS) tNt I am &ubjtet to backup wtthhOldr1g flliil ill fr.sult of , f.allure to report I!II interlt&t Of dividendS, Of (e) tha IRS _ M$
r'Iotlfted me that I em no longM su~ect to backup wkhhoknng. Ind .
J, I am a U.S. person (lnc.ludlng a U.S. resident aDen).
Certification imil~', You must cross out itBm 2 abovQ If 'jf?u ha\lQ bQen notified by the IRS that you 8"' currently :!IlJ~ct to backup
whhhold~ becluse ycu have failed to report ell interest and dividends on your tax I'@bSn. For real tstata ~, Item Z does not apply,
For mortgllge il"UA!$l paid. acquiStion or abandonrNnt of SQCUI"ed prapwty. canc.ellatlon of debt. contrbJtior1a 10 an Inclvidual tetlrament
1I1TDfVl'n11!mt (1rfA). and genereRy, pe,yments other U\an lntGrast *nd divIdends, you are not requited to sign the Certif1clltion; but you mu&t
p-ovjde your correct TIN. (See the Instructions on P'9A ",.) ..'
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Purpose of Form Non_idenl alien who become. a raOldent alien.
, Generally, only a nonre5ident alien individual may use lIle
A per""n who Is required to fila an Information return wllh terms of a tax U8a1y to redu<;. or eliminata U,S. tax on
Iha IRS. must oblaln your cQtrllct la~payer identlllcatlon cortain Iypes of Income. H"""var. most lax treatles contain a
number [TIN) to report. for example. .ncome ~Id to yo~, ,..al provision known a. a "saving clause.. ~eptlons specil'ied
e,u,te tran5llCtlons. mortgGge Interest you pel~. acqUISition in lhe seving clause may pormit en exomption ti'om tax 10
or abandonment of secured property. cancellation of debl. or conti",e for certain types of Income evon after the recipienl
conb1bUlions you mado to an IRA. has otherwise become a U.S. resident alien for tax purposes.
U.S. person. Use Form W-9 only if you are D U.S. person If you are a U.S. resident alian who is relying on an
(including a "'sldel~t alien). to provlda your COfTtlct TIN to the exception contained In the saving clau.e of a tax trealy to
person requa.ting It (Ill. raque.te~ and, when applicable. to: claim an o.emptlon from U.S..li.lX on certain types of income.
'.' Cartlllj that the TIN you .,a giving Is correct (or you are you must attach a statement tl1al specifies the following five
welting for a number to be issued). Items:
2, Certify that you are not subject to backup withholding. . 1. The treaty country, Gonerally. thi. must be the same
Or' treaty under which you claimed exemption f!"Om tax Ii .a
3. Claim exomption from backup wlthhcldlng If you aro a nonresident alien.
U.S. exempt pay.... 2. The tIesty orlicle sddro.sing the income.
Not.: If. roquestfN givos you a form ott>v than Form W.9 3. The artle," numbar (or location) In \110 taX treaty lhat
to ~Sl your TIN. you must use th9 roquaSlsr's form if It Is contain. tho ..vlng clouse ond its oxcoplions.
sulmantJaUy Similar to thiS Form W.9. 4, The type slid amount of incoms that qu.Ufles fce the
Foreign person. If you er~ IS fOreign person, use the exemption from te)l,.
appro~;8te Fo~m WaS (~ ~ub. ,f'~1 WithhOlding of fa" on 6. Suffh::;ient facts to justify tl'1e e)CQmption from tax under
NonreSident Ahen~ 8nd forelgl1 Entitles). the tltfm~ of the treaty article.
em.. Nol0231X Form W..9 ll'.ev. HI(X]3)
FLORiDA ELECTRIC CONTRACTING SERVICE INC.
Q
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t""!I ..W. '1ST AVENUI . ~.I...UDEP:OAL!t ~~, 33312 .
aU,INES8 PHONE flU) &11_"80 . FAX (184) 3:i1~0SS8
"
o . CQl.4MERCIAL
" .INOUS'll'IIAl.
o . PMK1NG LeT LIGHTING
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SUPPLEMENT TO PAGE 12
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VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine: Dates in to City Clerk's Office Meetinll Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1, 2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005
Date Final Form Must be Turned
in to City Clerk's Office
January 17,2005 (Noon)
January 31,2005 (Noon)
February 14,2005 (Noon)
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February 28, 2005 (No~
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0 Announcement 0 Presentation f',>
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0 City Manager's Report
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RECOMMENDATION: Please place this request on the January 18,2005 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board recommended that both the land use amendment and
rezoning requests be approved. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-298.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Seaview Park Club (LUAR 04-010)
Weiner & Aronson, P .A.
Wayne Irving and Charlene Darst
1620 North Federal Highway (east side of North Federal Highway, approximately 1,000
north of the Boynton (C-I6) canal
Request to reclassify i: 3.81 acres ofland by amending the
Comprehensive Plan Future Land Use Map from Low Density Residential and Local
Retail Commercial to Special High Density Residential; and
Request to rezone from R-3 Multi-family Residential and C-3 Community Commercial to
Infill Planned Unit Development (IPUD).
Proposed Use: Residential Condominium Development
Developmen ep
;h.,~ cJ -t ~~
Planning and Zo mg irector City Attomey / Finance / Human Resources
S:\Planning\sHARED\WP\PROJECTS\Seaview Park Club\luar04-010\Agenda Item Request Seaview Park ClubLUAR 04-010 1-18-05.dot
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CIty Manager's Signature
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING a. ZONING DMSION
MEMORANDUM NO. PZ 04-298
Chair and Members
Community Redevelopment Agency Board and
Mayor and ~ission
Dick Hudso~P
Senior Planner 1\~
Michael W. Rumpf
Director of Planning and Zoning
January 3, 2005
Seaview Park Club (LUAR 04-010)
Amend the future land use designation from Local Retail
Commercial (LRC) and Low Density Residential (LOR) to Special
High Density Residential (SHDR); and,
Rezone the property from C-3 Community Commercial and R-1-
AA Single-family Residential to IPUD-Infill Planned Unit
Development.
Property Owner( s):
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
. Wayne Irving and Charlene Darst; Carmen Hubert Irving and Gail
Ann Irving; Carmen Hubert Irving Revocable Trust
Lennar Homes, Inc./Weiner & Aronson, P.A.
East side of Federal Highway approximately 1,000 feet north of
the Boynton (C-16) Canal (Exhibit "A'')
:t3.756 acres
Local Retail Commercial (LRC) and Low Density Residential (LOR)
C-3 Community Commercial and R-1-AA Single-family Residential
Special High Density Residential (SHDR) with a maximum density
of 20 dwelling units per acre (du/ac)
IPUD Infill Planned Unit Development
69-unit Condominium Development
Page 2
File Number: LUAR 04-010
Name: Seavlew Park Club
Adjacent Uses:
North:
Developed multi-family rental complex (Manatee Bay) designated
Local Retail Commercial along Federal Highway and High Density
Residential (10.8 du/ac) eastward to the Intracoastal Waterway,
and zoned R-3 Multi-family Residential.
South:
To the south along Federal Highway, developed commercial strip
center (Yachtsman's Plaza) designated Local Retail Commercial
(LRC) and zoned C-3 Community Commercial; eastward of that, a
developed single family neighborhood (Yachtsman's Cove)
designated Low Density Residential (4.84 du/ac) and zoned R-1-
AA Single Family Residential.
East:
Intracoastal Waterway.
West:
Rights-of-way of Federal Highway and the Florida East Coast
Railroad, then developed property fronting on N.E. 4th Street,
designated High Density Residential and zoned R-3 Multi-family
Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore meets the criteria for consideration of the land use
amendment as described in Policy 1.16.1 of the Future Land Use Element of the
Comprehensive Plan;
2. The project will not create additional Impacts on infrastructure that have not been
anticipated In the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations and meets the requirements for compatibility with the adjacent single family
neighborhood based on the proposed landscaping buffer, the extra setbacks and
through creative architectural design; and,
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less In density, unless the subject
Page 3
File Number: LUAR 04-010
Name: Seaview Park Club
property is located In an area designated for urban infill, urban redevelopment, or downtown
revitalization. The parcel, which is the subject of this land use amendment, total 3.756 acres.
Even though the requested density is greater than 10 dulac, It Is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
amendment qualifies 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.
Master PlanlSlte Plan Overview
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. 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. When the IPUD is to be developed in a single phase, the Site Plan for the
development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It Is a basic public expectation that landowners requesting the use of the IPUD district will
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well
the above stated planning expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development Intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development.
In order to be approved, an IPUD project must be compatible with and preserve the character
of adjacent residential neighborhoods. Further, it must be an enhancement to the local area
and the city in general. Presentation of projects that fail to do so will be denied.
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
argument for the inclusion of that same feature in any other IPUD project if the City decides to
reject those features. While the details of the proposed site plan are a companion agenda item,
a brief overview of the site plan is included below.
Site Plan Analvsls
The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In
this instance, the applicant is proposing a development containing 69 units for an overall
density of 18.37 du/ac. Three of the units have one bedroom and the remaining 66 have three
bedrooms. The one-bedroom unit would be 960 square feet (sq. ft.); the three-bedroom units
Page 4
File Number: LUAR 04-010
Name: Seavlew Park Club
range from 1,639 sq. ft. to 2,415 sq. ft. These are arranged in four separate buildings
extending from Federal Highway eastward to the Intracoastal Waterway. The building closest
to Federal Highway (Building 1) Is a four-story building with an overall height (to top of parapet
or to midpoint of gable or hipped roof) of 45 feet. The remaining three buildings (Buildings 2,
3, and 4) have an overall height of 45 feet on the north elevation and 34.5 feet on the south
elevation. Terraces for the top-floor units occupy a portion of the roof area on the south sides
of these three buildings, but do not extend to the south edge of the roof.
IPUD zoning district regulations contain no constant minimum setback requirements, requiring
however, that setbacks mirror setbacks of adjacent development. In Instances where
vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD do
not achieve compatibility with adjacent uses, single-family residential development in particular,
an additional setback of one foot for one every foot of height over 30 feet, may be required. In
the plans under review, the developer is proposing a lO-foot wide landscape buffer including a
6-foot high pre-cast wall along the south property line and landscaping, consisting of 35-foot
Royal Palms 60 feet on center, interspersed with clusters of Coconut Palms, Laurel Oaks,
Cabbage Palms and Pink Trumpet Trees, with understory plantlngs spaced from 8 feet to 10
feet. It should be noted that the Land Development Regulations do not require landscaping
between residential projects and typical minimum spacing per the code is 30 feet. The cross-
section labeled "Section Thru South Buffer" Illustrates the proposed heights of the plant
materials. The proposed setback from the south property line (where abutting property has a
rear setback of 25 feet) is 48 feet, 3-1/2 inches.
The site plan proposes one (1) main point of entrance and one of egress from Federal Highway.
A loop drive encircles the property.
A recreation area is proposed adjacent to the Intracoastal Waterway. This area contains a
cabana with two restrooms and a roofed pavilion, a swimming pool and deck. Landscaped
areas buffer the amenity on both the north and south. In addition, there are two barbeque
patios, one between buildings one and two; the other is between buildings three and four.
Exercise rooms in buildings one, two and three are adjacent to these patios.
Staff has recommended approval of the site plan based on 54 conditions of approval, including
the stipulation that the project be reduced in height to minimize any Incompatibility with the
adjacent neighborhood.
Review Based on Reauired Criteria
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 Induding 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 Oty's risk
Page 5
File Number: LUAR 04-010
Name: Seavlew Park Club
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 located in the hurricane evacuation zone; however, the proposed 69-
unit condominium community is replacing an existing legal non-conforming use that is licensed
for 64 mobile home units, This is a net Increase of only 5 units. In addition, the proposed
project will replace an antiquated mobile home park with Improvements that are significantly
less vulnerable to the effects of major winds on older mobile homes since they must meet
minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code.
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
""This land use category shall consist of redevelopment and intill residential
areas assigned to this land use category in the portion of the designated
Community Redevelopment Area identitied as Planning Area I and Planning
Area V in the "Federal Highway Corridor Community Redevelopment Plan/~
adopted on May 1~ 2001."
The proposed redevelopment is located In Planning Area I, as defined In the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ("City") was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan "Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, inciudlng residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse Impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on Its own merits.
Other policies contained in the Comprehensive Plan that are applicable include:
Policy 1.19.1
"The Gty shall continue efforts to encourage a full range of housing choices,
by allowing densities whIch can accommodate the approximate number and
type of dwellings for whIch the demand has been projected in the HousIng
and Future Land Use Elements, induding the provisIon of adequate sites for
housing very-low, low-, and moderate income households and for mobile
homes;
Page 6
File Number: LUAR 04-010
Name: Seaview Park Club
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; and,
The requested land use amendment and rezoning are consistent with both policies since it will
remove the possibility that commercial development could be built on the front portion of the
property. In addition, the requested changes are consistent with the following strategies for
Planning Area I, as stated in the "Federal Hiahwav Corridor Community Redevelooment Plan":
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; 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.
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 requested land use amendment and rezoning will promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
Is appropriate for the area. Adjacent properties lying north of the subject property and west,
across the Federal Highway and FEC rights-of-way, are designated for high density residential
uses. There is an existing strip commercial development to the south along Federal Highway
and eastward of that, a developed single family neighborhood extending to the Intracoastal
Waterway. Currently, the commercial property could be redeveloped for residential use at
maximum density of 10.8 du/ac and a maximum height of 45 feet. The zoning for the single
family neighborhood allows a maximum density of 5.4 du/ac and a maximum height of 30 feet.
While the requested density Is greater than that of the abutting developments, It Is consistent
with the transition in uses recommended In the Federal Highway Corridor Community
Redevelopment Plan with the height stipulation as recommended herein. It is also typical of the
development pattern in the coastal area, where single family neighborhoods and multi-family
developments are found in close proximity and development heights vary greatly, based on the
type of development, often without consideration of abutting development.
At the suggestion of staff, the applicant reduced the height proposed on the south elevation
facing the single family neighborhood, from 45 feet to 34 feet six (6) Inches to top of parapet.
This provided a transition to the maximum height of 30 feet as allowed In the adjacent single-
family neighborhood. On the north elevation, the 45-foot height was left as consistent with the
maximum height allowed In the adjacent, multi-family district. However, after considering the
Page 7
File Number: LUAR 04-010
Name: Seaview Park Club
ultimate height of the proposed structure, evaluating the affects of similar situations where a
single family neighborhood abuts a similar project (in height and density), considering that the
majority of homes in the single-family neighborhood are one-story or two-story at less than 30
feet, and after reconsidering the emphasis of the IPUD district to maximize compatibility, staff
has determined that the compatibility will best be achieved by a structure no higher than 38
feet. As indicated in the ordinance, a transition should be accomplished In this situation, which
Is best achieved by a height which does not exceed the existing heights of the adjacent multi-
family development, and which transitions from the maximum height allowed in that adjacent
multi-family district, 45 feet.
Even though the proposed density seems far greater than that permitted on the single family
properties to the south, the subject property is currently the site of a 54-unit mobile home park
at a density of 17.04 du/ac. The proposed density of the subject project Is 18.37 du/ac. Aside
from density, this represents an approximately 4-acre expansion of the R-3 Multi-family zoning
to the north.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property Is desirable for beautification, economic development, as well as for the purpose of
removing storm-vulnerable housing from the coastal high hazard area. The proposed rezoning
maintains the residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Projected utility systems demands and traffic generation Impacts were provided by the applicant
and are shown below.
Maximum Potential WaterlSewer Traffic
Development Population Demand Generation
Potential Tripslday
Existing Land Use 64 mobile 145 19,968 gpd/ 503
(ActuaO Mobile Home Park homes oersons 6 000 aDd
Proposed Development 69-unit 157 25,116 gpd/ 475
condominium oersons 11 302 aDd
The project Is located In Palm Beach County's Coastal Residential Exception Area, and therefore
meets the provisions of Palm Beach County Traffic Performance Standards. Water and sewer
capacity exists to provide for the 7,148 gallons per day increase in water demand and the 5,303
gallons per day required for sewer service.
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 determined that adequate capacity exists to accommodate the resident population. Lastly,
Page 8
Rle Number: LUAR 04-010
Name: Seaview Park Club
drainage will also be reviewed In detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage pennitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
Along Federal Highway, the commercially zoned property has an allowable maximum building
height of 45 feet, even though neither of these properties is built to this maximum. Ukewise,
the property to the northeast, which is zoned R-3 Multi-family Residential allows a maximum
height of 45 feet. This property, both the commercial and residential, Is developed at a height
of 38 feet to roof peak. The single family neighborhood abutting the project on the southeast
has a maximum allowable height of 30 feet and a rear setback of 25 feet. The IPUD regulations
require an additional setback of 1 foot for each 1 foot that a structure adjacent to a developed
single family neighborhood exceeds 30 feet; therefore the setback would be 40 feet for a
structure of 45 feet. The proposed buildings are setback 48 feet, and have a maximum height
on the south elevation of 34 feet six (6) inches. Staff opines that a maximum transitional
height of 38 feet would be compatible with the surrounding properties and therefore, with the
further enhancements ot the suth buffer as described in the corresponding sight plan report
conditions, meet the intent of the IPUD zoning regulations as it relates to building height and
buffering. With anticipated starting prices ranging from $300,000 to $600,000 for a three-
bedroom unit, the project would, most likely, have a positive effect on values of adjacent
properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The commercially-zoned portion of the property is slightiy less than one acre, and could be
redeveloped with commercial uses. The remaining portion of the property stretching to the
Intracoastal Waterway could possibly be developed for single family homes; however, the
narrow configuration of the property and the value of waterfront properties are factors which
limit the diversity in terms of residential development alternatives. Further, if single-family
dwellings were built on the site, which are pennltted uses as currently zoned, based on the land
values and development trends, the homes could be built over 30 feet high (to peak of roof),
placed 25 feet from the adjacent properties rear-to-rear or 10 feet side-to-side, and be
improved without any buffering or landscaping
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.
Anticipated impacts to traffic, and demands for water and sewer are minimal, basically because
there is relatively little Increase in the number of residential units. The proposed project will
have a positive impact on property values and visual impacts to adjacent properties would be
Page 9
File Number: LUAR 04-010
Name: Seaview Park Club
minimized through reductions in height, increased setbacks and the proposed dense
landscaping and buffering (i.e. tree spacing from 8feet to 10 feet).
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is a/ready allowed.
In accordance with the definition of the Special High Density Resident/a/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.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; will not create additional impacts on Infrastructure that cannot
be accommodated, meets the intent of the IPUD regulations, and will contribute to the overall
economic development of the City. Staff has also determined that the proposed site plan would
meet the requirements for compatibility with the adjacent single family neighborhood based on
the extra setbacks as provided, the stipulation herein to reduce maximum project height to 38
feet, and the proposed site plan conditions for enhancement of the landscape buffer.
Therefore, staff recommends that the subject request be approved. If the Planning and
Development Board or the City Commission recommends conditions, they will be included within
Exhibit "B".
ATTACHMENTS
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Requested City Commission
Meetimz Dates
o December 7, 2004
D December 21, 2004
o January 4, 2005
I:8J January 18,2005
NATURE OF
AGENDA ITEM
VIII.-PUBLIC HEARING
ITEM 0
CITY OF BOYNTON BEACE .
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
MeetinQ: Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 15,2004 (Noon.) D
December 6, 2004 (Noon) 0
December 20, 2004 (Noon) 0
January 3, 2005 (Noon) 0
February], 2005
January 17, 2005 (Noon)
February] 5, 2005
January 31,2005 (Noon)
March 1, 2005
February 14, 2005 (Noon)
March 15,2005
February 28, 2005 (Noon)
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RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board forwards this request without a recommendation.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-294.
Develop' t
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S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\Agenda Item Request Seaview Park Club NWSP 04014 ].18-05.dot
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Seaview Park Club (NWSP 04-014)
Weiner & Aronson, P.A.
Wayne Irving and Charlene Darst
1620 North Federal Highway (east side of North Federal Highway, approximately 1,000
north of the Boynton (C-16) canal
Request for new site plan approval for the construction of 69 condominium units on
3.756-acres in the IPUD zoning district.
N/A
N/A
N/A
i~~
City Manager's Signature
S:\8ULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-294
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
if
DATE:
January 6, 2005
PROJECT NAME/NO:
REQUEST:
Seaview Park Club / NWSP 04-014
New Site Plan
PROJECT DESCRIPTION
Property Owner: Multiple owners (see file)
Applicant: Lennar Homes, Incorporated
Agent: Mr, Michael Weiner / Weiner & Aronson, P.A.
Location: East side of Federal Highway approximately 1,000 feet north of the
Boynton (C-16) Canal (Exhibit "AU)
Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LOR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-l-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 69 multi-family (condominium) dwelling units
Acreage: 3.756 acres (163,611.36 square feet)
Adjacent Uses:
North:
To the northwest, developed multi-family rental complex (Manatee Bay)
designated Local Retail Commercial (LRC) and Community Commercial (C-
3); to the northeast designated High Density Residential (10.8 du/ac) and
zoned Multi-family Residential (R-3);
South:
To the south along Federal Highway, developed commercial strip center
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 2
(Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3); farther east, developed single-family
residential (Yachtsman's Cove) designated Low Density Residential (4,84
du/ac) and zoned Single Family Residential (R-l-AA);
East:
Right-oF-way for Intracoastal Waterway;
West:
Rights-of-way for U.S. 1 and the Florida East Coast Railroad, then
developed property fronting on Northeast 4th Street, designated High
Density Residential (HDR) and zoned Multi-family Residential (R-3).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject new site plan were mailed a notice of this request and
its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Characteristic: The subject property is comprised of one (1) rectangular-shaped lot with the
eastern portion submerged under the Intracoastal Waterway. The lot is currently
located within the Federal Highway Corridor Community Redevelopment Plan Study
Area I and is currently developed with 64 licensed mobile homes and their
respective parking areas. The existing density of the mobile home park is non-
conforming because the property is zoned R-l-AA with an underlying land use of
Low Density Residential. As indicated on the sUlVey, several easements traverse
the property in varying locations. The most notable easement is located along the
north property line where the presence of FP&L power lines run in an east-west
direction. Also, the sUlVey shows the locations of wood and chain-link fences
(along the property perimeters), the swimming pool area and two (2) wood docks,
The site contains Coconut, Queen, Cabbage, Areca, and Royal palm trees. It also
contains Orange, Mahogany, and a Banyan tree for a total of 53 trees. The highest
ground elevation (11.32 feet) occurs along the west property line, at the northwest
corner of the property.
BACKGROUND
Proposal:
Mr. Michael Weiner, representative for Lennar Homes, Incorporated, is proposing a
new site plan for the construction of 69 mUlti-family (condominium) dwelling units.
Approval of this project is contingent upon the approval of the corresponding
request for land use change and rezoning (WAR 04-010). Condominiums are
permitted uses in the IPUD zoning district. Under the Special High Density
Residential (SHDR) land use category, the maximum allowable density would allow
a total of up to 75 dwelling units at a density of 20 dwelling units per acre. Both
mobile homes and condominiums are considered as "dwelling units". In summary,
the site plan proposes an additional five (5) dwelling units over the number of
currently licensed mobile homes. This would equate to a project density of 18.37
dwelling units per acre. No phasing plan was submitted. Staff understands that
the entire project would be built In one (1) phase.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 3
Concurrency:
ANALYSIS
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 County
has determined that the proposed residential project is located within the
designated 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 2006 build-out date. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the
Traffic Performance Standards Ordinance,
Utilities: The planned purchase of up to 5 million gailons of potable water per day from Palm
Beach County Utilities would supply potable water for this project. Local piping and
infrastructure improvements may be required for the project, dependent upon the
final project configuration and fire-flow demands. These local improvements would
be the responsibility of the site developer. Sufficient sanitary sewer and
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.
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. Ail 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 request and determined
that adequate capacity exists to accommodate the dwelling units.
Driveways: The project proposes one main (1) point of ingress and one (1) main pOint of
egress to the subject site. Both existing driveway openings are located on U.S. 1.
The northernmost opening is earmarked for ingress and the southernmost, for
egress. The developer previously met with staff from the Florida Department of
Transportation (FOOT) regarding the location of the Ingress / egress lanes and that
the proposed site plan's traffic pattern is a product of their recommendation. The
site plan (sheet SPl of 2) shows that each lane for ingress and egress would be 20
feet In width. Vehicles would enter through the northernmost opening, move
eastward and then make a lBO-degree turn to the west. These openings along
U.S. 1 would not be gated and the applicant states that It Is not their intent to make
this into a gated community In the future. The driveway, drive aisles, and turning
radius, internal to the development, would be Improved to conform to current city
engineering standards.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 4
Parking Facility: One (1) bedroom dwelling units require one and one-half (1 V2) parking spaces per
unit. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces
per unit. The project proposes a mix of one (1) and three (3) bedroom units for a
total of 69 dwelling units, A recreation / clubhouse area is also proposed.
Therefore, based on the above referenced number of units and the amenity, the
project requires a total of 142 parking spaces, The site plan shows that each unit
would have a single or double garage with an outside tandem space. In summary,
the plan proposes 72 garage parking spaces, 72 tandem parking spaces, and 31
off-street parking spaces for a total of 175 parking spaces, or an excess of 33
spaces. According to the site plan, the 90-degree parking stalls would be
dimensioned nine (9) feet in width by 16 feet in length with two (2) feet of
overhang (18-feet In total length). The handicap parking spaces would be
dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet In
length.
A note on sheet SP-2 of 2 indicates that roll-out garbage and recycle containers
would be placed at the edge of the individual driveways of the tandem parking
spaces. The roll-out containers would only be In this awkward location on trash
pick-up days, This temporary location would not be an issue for efficient solid
waste removal.
Landscaping:
As previously mentioned, the survey indicates that there are a total of 53 existing
trees on-site. The tree disposition plan (L-6 of 6) Indicates that 19 would be
relocated and one (1) would be left in place, The remaining trees would be
removed and mitigated. The tree species to be relocated would be the following:
Coconut palm, Citrus tree, Alexander palm, Royal palm, and Cabbage palm.
According to the site plan tabular data (sheet SP-2 of 2), the proposed landscaped
area would equal 0,88-acre or 23.5% ofthe site, The Plant List indicates that 82 of
the 99 shade trees (83.8%) of the shade trees would be native while 52 of the 81
palm trees (64%) would be native. Likewise, 2,007 of 3,913 or 51.3% of the
shrubs / groundcover plants would be native. This meets the intent of Chapter 7.5,
Article II, Section 5. P of the Land Development Regulations.
The site plan (sheet SP-1 of 2) shows that the western landscape buffer (adjacent
to U.S. 1) would vary in width but would be at least 20 feet at its narrowest pOint.
The Main Entrance Area Landscape Plan (sheet L-2 of 6) shows that an black
aluminum fence, six (6) feet in height is proposed within the western landscape
buffer, approximately 11 feet away from the west property line. The perimeter
plantings proposed between the fence and the property line would include Royal
and Blzmark palm trees, Pigeon Plum shade trees In conjunction with Ixora 'Nora'
Grant, Aztec grass, Japanese Yew, and Redtlp Cocoplum hedges. The plant
material proposed east of the wall but west of Building One would Include Purple
Glory trees, Cabbage palm, Green Buttonwood, Pink Hibiscus tree, Aztec grass,
Redtlp Cocop/um, Southern Wax Jasmine, and Travelers tree. The development's
front entrance (shown on sheet L-1 of 6) would be heavily landscaped with an
array of trees, hedges, and groundcover. Two cross sections have been provided
to Illustrate the varying heights of trees and shrubs.
Staff Report-Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 5
The north side landscape buffer would be three (3) feet in width. This narrow strip
In itself would not be wide enough to effectively screen the subject property from
the abutting property to the north. However, the project intent is to consider the
combined effect of the three (3) foot wide buffer with the existing south landscape
buffer of the abutting property to the north. Where the hedge and tree
requirements are met on one property, only the green space width shall be
required for the abutting property in accordance with Chapter 7.5, Article II,
Section 5.D,E. of the Land Development Regulations. The south landscape buffer
ofthe Manatee Bay complex is approximately 15 feet in width, During a site visit,
staff noted a difference In ground elevation (possibly for drainage purposes)
between the subject property and the abutting property to the north, The site
inspection also revealed that Manatee Bay's south landscape buffer contained 10-
foot tall Ficus hedges with clusters of 16-foot to 18-foot tall Mahogany trees spaced
10 feet apart, 16-foot to 18-foot tall Pongam trees spaced 10 feet to 15 feet apart,
14-foot to 16-foot tall Cabbage palm trees spaced five (5) feet apart, and clusters
Seagrape bushes, Staff suspects that some of the plant material was lost due to
the recent hurricanes of last fall. Regardless, the proposed landscape plan does
not show this existing plant material of Manatee Bay's southern landscape buffer.
Also, overhead FP&L power lines traverse along the subject property's north
property line (within the north landscape buffer), The presence of these power
lines would limit the type of tree species that may be planted within this buffer.
The tree canopy cannot conflict with the utility lines. Therefore, any trees
proposed within this three (3) foot wide buffer must conform to FP&L's Right Tree
- Right Place publication. At the time of permitting, the landscape plan would have
to be revised to show the existing landscape material of the abutting property to
north. The existing landscape material of the abutting property to the north would
have to be such that it meets the intent of the aforementioned code. Any
additional trees proposed within the subject property's three (3) foot wide
landscape buffer would have to adhere to Florida Power and Ught (FP&L) Right
Tree - Right Place publication (see Exhibit "C" - Conditions of Approval). It should
be noted that the property owner to the north always reserves the right to request
a modification from the approved landscape. However, a modification to the
landscape plan would require staff review in order to ensure minimal code
compliance.
The width of the rear (east) landscape buffer, adjacent to the Intracoastal
Waterway, would vary but would be approximately 10 feet wide at its narrowest
point. This buffer would Include plant material such as Split Leaf Philodendrum,
Green Buttonwood hedges and trees, Ixora 'Nora' Grant, Redtip Cocoplum,
Southern Wax Jasmine, Solitaire palm, Coconut palm, and Pigeon plum trees.
Adjacent to the Single-family neighborhood to the south, the south landscape
buffer would be nearly 10 feet in width. This landscape buffer would include a six
(6) foot high pre-cast wall, clusters of Coconut Palm, Laurel Oak, Pink Trumpet,
and Cabbage palm trees, and a row of Florida Royal palm trees. Myrsine and
Fakahatchee grass would be installed on the north (Interior) side of the wall. The
cross-section labeled "Section Thru South Buffer" on sheet L-l of 6 illustrates the
dimensions of the parking lot and pervious area of the southern landscape buffer.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 6
The "Site Cross-section between Bldg 3 and 4 Facing West" illustrates the line of
site from Yachtman's Cove to the subject property. The detail shows that the
Florida Royal Palm trees would be 35 feet in height, the Cabbage palm trees would
be 24 feet in height, and the remaining trees would be 18 feet In height. The
developer states that the landscape buffer and height of wall along the southern
landscape buffer should mitigate any potential glare from vehicle headlights. Staff
concurs. The south landscape buffer is important to the compliance of this project
with regards to the design and compatibility requirements and standards of the
IPUD zoning district, Therefore, staff recommends that the plant material proposed
within the south landscape buffer be installed In such a way as to provide
immediate buffering. This can be accomplished by utilizing five (5) installation
tactics: minimize the removal of palm fronds from all proposed palm trees prior to
their installation if possible in accordance with industry standards, Install all
proposed trees at their maximum height (within their specified range of heights)
without jeopardizing the visual buffering of lower-to-mid-Ievel screening above the
wall, increase the size of the laurel Oak trees (18 to 20 feet in height) proposed
directly "in front" of the buildings (outside the landscape buffer), replace the
stretch (series) of palm trees with canopy trees consistent with the remainder of
the buffer, and insert additional palm trees within the south landscape buffer in
areas where tip-to-tip spacing is not entirely accomplished (see Exhibit "c" _
Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district with a density of 18.37 dwelling units per acre. The maximum
density allowed by the Special High Density Residential land use classification is 20
dwelling units per acre. The 69 condominium units are proposed within four (4)
separate buildings on the 3.756-acre site. Each building would contain a varying
number of dwelling units. According to the Unit Mix Table on sheet SP-2 of 2,
Building One would contain 18 units while Buildings Two, Three, and Four would
contain 17 units. The condominium units would either be one (1) bedroom / one
(1) bath or three (3) bedrooms / two (2) baths. No two (2) bedroom units are
proposed. The one (1) bedroom / one (1) bath model would be 960 square feet
"under air" while the three (3) bedrooms / two (2) bath models would range from
1,639 square feet to 2,415 square feet "under air".
The IPUD zoning district allows a maximum building height of 45 feet and up to
four (4) stories tall. However, a lesser building height could be imposed If
compatibility with the adjacent properties would be in jeopardy. The project
proposes four (4) separate bUildings, all of which would be 4-stories tall. The
elevations show that the top of the parapet wall (for the flat portion of the roof)
would be 45 feet in height. Ukewlse, the mean height of the pitched portion of the
roof would also be 45 feet. As previously mentioned, the abutting property directly
to the north (Manatee Bay apartments) contains dual zoning districts, namely
Community Commercial (C-3) and MUlti-family Residential (R-3). The buildings that
comprise the Manatee Bay complex were designed as three (3) story structures
with a building height of 38 feet. Similarly, the abutting property directly to the
south also contains dual zoning districts (Community Commercial / C-3 and Slngle-
family Residential / R-1-M). The C-3 zoning district allows a maximum building
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 7
height of 45 feet. However, the R-1-AA zoning district only allows a maximum
building height of up to 30 feet (mid-point of roof), a difference of 15 feet.
Initially, staff informed the developer that the proposed building height on the
subject property would be a critical design element to consider when requesting to
rezone to the IPUD zoning district. For this parcel, building height compatibility is
very Important due to its close proximity to single-family detached homes (to the
south) and Manatee Bay's three (3)-story apartment buildings (to the north).
These properties have both varying residential Intensities and building heights. As
previously mentioned, the abutting property to the southwest is zoned C-3. The C-
3 zoning district allows a maximum building height of 45 feet. Therefore, the
proposed building height on the western quarter of the subject property is of less
concern as it is on the eastern three-quarters, The elevations of Building One,
proposed on the westernmost quarter of the subject property, shows that the
building would be four (4) stories tall with the top of the parapet wall at 45 feet In
height. However, the abutting properties to the southeast that comprise the
Yachtsman's Cove neighborhood are zoned R-1-AA and consists of single-story and
two-story homes, Therefore, building height compatibility on the eastern three-
quarters of the subject property is important because it directly abuts the single-
family homes to the south. Initially, staff suggested that the applicant reduce the
proposed building height of the south elevation (facing the single-family
neighborhood) from 45 feet to 34 feet - six (6) inches (to top of parapet) In an
attempt to improve compatibility with the properties to the southeast and to reduce
the height discrepancy. Staff felt that decreasing the height of the south fa!;ade
would provide an equitable transition between the maximum height of 30 feet
allowed in the adjacent single-family neighborhood and the 45-foot height allowed
in the adjacent, multi-family district. However, after considering the ultimate
height of the proposed structure (45 feet), evaluating the effects of comparable
situations elsewhere, considering that the majority of adjacent single-family homes
are one-story or two-story and less than 30 feet in height, and after reconsidering
the intent of the IPUD district to maximize compatibility, staff has determined that
compatibility would be achieved by limiting structure height to a maximum oOB
feet (see Exhibit "c" - Conditions of Approval). As indicated in the ordinance, a
"transition" should be accomplished in this situation, which is best achieved by a
height which does not exceed the existing heights of the adjacent multi-family
development, and which transitions from the maximum height allowed in that
adjacent multi-family district, 45 feet. The staff recommendation to limit the
buildings to 38 feet may jeopardize the valuable penthouse units but it is vital for
height compatibility, It Is important to note that the homes In Yachtman's Cove to
the south may be developed as two (2) story structures with a maximum building
height of 30 feet. In contrast, the Manatee Bay complex to the north could be
redeveloped or expanded with four (4) story, mUlti-family buildings with a
maximum building height of 45 feet In height under both the C-3 and R-3 zoning
regulations. Using rational zoning principles, the allowable average height between
the abutting properties to the north and south Is 37 feet - six (6) inches. It should
be noted that under the current zoning district regulations, a 3D-foot tall house may
be constructed only 25 feet from the south property line without any required
buffering or landscaping. Conversely, this project's buildings are proposed over 48
feet from the south property line. Therefore, a 3D-foot tall building proposed 25
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 8
feet from the south property line could represent more visual Impacts to the
surrounding community than a three (3) story or 38-foot tall building height
building proposed farther away from the property line. Staff opined that the
proposed condominium project Is reasonably compatible with the surrounding
properties as stipulated herein and is similar to the development characteristics in
the coastal area. A height limitation of 38 feet would meet the intent of the IPUD
zoning regulations as it relates to building height and buffering.
The IPUD zoning district contains no specific minimum building setback
requirements other than mirroring the setbacks of adjacent zoning districts.
However, a structure on the perimeter of an IPUD project that is adjacent to an
existing single-family neighborhood must adhere to additional setback
reauirements. The IPUD regulations require an additional one (1) foot building
setback for each one (1) foot in building height that exceeds 30 feet. In this case,
the proposed height of the condominium building would be 45 feet tall. Therefore,
this would equate to an additional required setback of 15 feet (in conjunction with
mirroring the setback of the abutting properties). The adjacent properties to the
north and south contain multiple zoning districts. However, an existing
neighborhood of single-family detached homes (zoned R-1-AA) abuts the subject
property to the southeast. Therefore, this additional 15 feet of setback would only
be applied from the south property line. The required setback for the single-family
homes to the south Is 25 feet. The additional 15 feet of setback (required on the
subject property due to the proposed building height) in conjunction with mirroring
the 25 foot setback (of the single-family homes) equates to a required 40 foot side
(south) setback. This project proposes a south (side) setback of 48.32 feet.
According to the setback table on sheet SP-2 of 2, the side setbacks for the
abutting properties to the north currently range from 10 feet to 30 feet. This
project proposes a 45,67-foot side (north) setback. The balconies proposed on the
north building fac;ade would extend into the north-side setback by four (4) feet but
the edge of the balcony would still be 41.67 feet from the (north) side property
line. The existing rear setback of the adjacent properties currently range from 20
feet to 40 feet. This project's proposed rear (east) setback would be 40 feet. The
setback table on sheet SP-2 of 2, indicates that the front (west) setback for the
adjacent properties (to the north and south) currently range from 20 feet to 40
feet. This project proposes a 31.69-foot front building setback. For this new site
plan, all proposed building setbacks are consistent with the existing setbacks within
the surrounding neighborhoods and meet the intent of the IPUD zoning district
setback regulations.
Outdoor patios are proposed on the north and south building facades. A note on
the elevations Indicates "no patio enclosures - no screens allowed". The recreation
area would be located at the eastern portion of the development overlooking the
Intracoastal Waterway. It would Include a 487 square foot cabana building and a
swimming pool. The elevation (sheet A2.17) of the one (1)-story clubhouse does
not indicate the dimension at the peak of the roof but shows that the deckline
would be 11 feet - one (1) Inch in height. It should be noted that the clubhouse
would be located 20 feet from the north property line. This dimension was not
Included within the setback table shown on sheet SP-2 of 2.
Staff Report -Seaview Park Club (NWSP 04-014)
Memorandum No PZ 04-294
Page 9
A lift station would be required to serve the cabana restrooms. The small grinder
station would be located along the north side of the cabana building, Its location is
identified on sheet SP-l of 2. According to the applicant, the pump station would
require minimal maintenance and are visually benign, easy and safe to access, and
very cost effective. It is necessary because the existing sewer Infrastructure is not
deep enough to proVide gravity sewer service to the east end of the site.
Design:
The design of the proposed buildings / clubhouse resemble a mixture between a
Spanish-Mediterranean style with Its smooth stucco finish and S-tile roof and a
modern design with its decorative Permex shutters, decorative railings, black
canvas awnings, and pre-cast decorative columns. The exterior walls of the
buildings would be multi-colored consisting of the following Sherwin Williams
paints: Kilim Beige - SW#6106, Lemon Chiffon - SW#6686, and White Flour _
SW#7102. The elevations of the clubhouse do not indicate the proposed building
colors. Therefore, staff recommends the using the same colors on the clubhouse
that would be used on the condominium buildings (see Exhibit "c" - Conditions of
Approval).
The plans propose one (1) type of outdoor freestanding lighting fixture. The
photometric plan detail (sheet P-l of 1) shows that the light pole would be 18 feet
- six (6) inches in height and made of black fiberglass. The photometric pian
indicates that minimal or no light would "spill over" from the subject property to the
abutting properties.
Signage:
The Front Wall / Fence at Entry Detail (sheet A2.13) shows that a sign would be
located on the wall nearthe front entrance on U.S. 1. The detail shows the wall /
sign structure wouid be eight (8) feet - eight (8) inches in height. However, this
residential subdivision sign may be no more than six (6) feet in height and 32-
square foot In area (see Exhibit "c" - Conditions of Approval). The detail indicates
the sign lettering would be black and of a Romans font. It would be placed on top
of the sign face that would be textured with 16-lnch by 16-inch travertine tile. The
entire structure would be painted to match the condominium buildings. The sign
medallion would be a 12-inch by 12-inch pineapple ornament. Staff recommends
placing the address somewhere on the sign,
RECOMMENDAnON:
Staff reviewed this project for compatibility between it and the adjacent properties. Factors considered in
determining compatibility included the following: land use, density, height, dwelling type, style, activity,
and performance. Staff reviewed these characteristics against the Intent of the IPUD zoning regulations
taking Into account the built environment of adjacent properties and development characteristics within
the coastal areas. Staff has reviewed this request for new site plan approval, and based on the analysis
contained herein, Is recommending approval of the site plan, contingent upon the successful request for
land use amendment / rezoning (WAR 04-010) and subject to satisfying all comments indicated in Exhibit
"c" - Conditions of Approval. Any additional conditions recommended by the Board or Oty Commission
shall be documented accordingly In the Conditions of Approval.
S:\Plannlng\SHARED\WP\PROJEcrs\Seavlew Pari< aUblnwsp 04-014\Slaff Reportdoc
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EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: NWSP 04-014
Reference: 2nd review plans identified as a New Site Plan with a December 7. 2004 Planning and Zoning
Department date stamp marking.
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. 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.
2. 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:
3. All utility easements shall be shown on the site plan and landscape plans (as X
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public rights-of-way.
4. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
COA
01/07/05
2
,
DEPARTMENTS INCLUDE REJECT
greater (CODE, Section 26-16(b)).
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
7. In regards to sanitary service, this project probably will require a lift station X
on site, with the option to connecting to the existing sanitary system located in
Manatee Bay Apartments (to the north.) A preliminary review will be
required with the Utilities Department.
8. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Utility construction details will not be reviewed for construction acceptability 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:
10. The site addressing shall be visible from the street (with letters a minimum 6 X
inches in height with I y,-inch width (stroke).
II. At the time of permitting, Fire department vehicle access shall be maintained X
from the from the beginning to the finish of the project.
12. At the time of permitting, all fire protection equipment shall be operable and X
accessible during each phase of construction.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
13. 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.
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01/07105
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.
DEPARTMENTS INCLUDE REJECT
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of 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
shall be submitted for review at the time of permit application.
15. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
16. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
18. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specifY the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
19. Please have the applicant provide the City with a copy ofthe letter that will be X
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 buildinl!.
20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available
21. 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.
22. 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:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. 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
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01/07/05
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DEPARTMENTS INCLUDE REJECT
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. 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)
23. At the 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 tract. The recorded
deed shall be submitted at time of permit review.
24. 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. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. 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.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(1))
25. 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
bv the Citv Commission.
26. 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.
27. 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:
a. 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.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed bv the
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01/07/05
5
DEPARTMENTS INCLUDE REJECT
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.
28. All the dwelling units in the building are considered "covered dwelling units" X
and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the
Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which
design option (A or B) is being utilized for the design of the dwelling units.
29. Clearly show the required clear floor spaces at all the fixtures and appliances X
in accordance with the Fair Housing Act
30. The elevators shall be designed for wheelchair users to enter the car, X
maneuver within reach of controls and exit from the car. Comply with ANSI
Standard AI17.I.l986, Section 4.10.
PARKS AND RECREATION
Comments:
31. Recreation Facilities Impact Fee - based on the formula the fee is computed X
as follows:
69 multi-family units X $656 ea. = $45,264
Private Recreation Facilities Provided - Swimming pool with Cabana,
Barbeque Areas, Exercise Rooms.
FORESTER/ENVIRONMENTALIST
Comments:
32. The proposed trees should be installed at a minimum height that will provide X
for tree canopies at the 25'-35' height level along Federal Highway. These
trees should be installed in an effort to break up the expanse of the buildings.
This design should visually obscure portions of the second / third story levels
of the buildings. The applicant should evaluate the trees design along the
North, South, and West elevations shown on landscaoe sheet A2.08, A2.09.
33. At the time of permitting, provide a more accurate and detailed cross-section X
of the existing southern landscape buffer of Manatee Bay apartments. The
cross-section should include the width, ground elevation, existing plant
material and their height.
34. At the time of permitting, provide a cross-section of the entire length of the X
proposed northern landscape buffer. The cross-section should include all
landscape material orooosed within the 3-foot wide landscape buffer on the
COA
01/07/05
6
DEPARTMENTS INCLUDE REJECT
subject property in conjunction with the existing plant material located within
the southern landscape buffer of Manatee Bay Apartments. This illustration
should be in-scale with the 4-story condominium building proposed within
this oroiect as shown on sheet A2.16.
PLANNING AND ZONING
Comments:
35. Approval of this site plan is contingent upon the accompanying request for X
land use / rezoning application (LUAR 04-010). This includes the proposed
project density. Include a note regarding LUAR 04-010 in the site plan
tabular data (sheet SPI of I).
36. One (I) bedroom dwelling units require one and one-half (I Y2) parking X
spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking
spaces. The recreation area would require five (5) parking spaces. This
project requires 142 parking spaces and should be noted as such in the site
plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces,
and 31 off-street spaces, for an excess of 33 spaces. Please revise the site
olan tabular data to indicate this information.
37. At the time of permitting, the clubhouse elevations shall indicate the paint X
manufacturer's name and color code. Staff recommends using the same color
oalette for the clubhouse that was used for the condominium building.
38. All new docks would require approval from the U.s. Army Corps of X
Engineers. Who owns the wood docks? Will they be removed? Do they
have permits? If an IPUD is located with frontage on the Intracoastal
Waterway, conditions of approval shall include a deed restriction requiring
that any marina or dockage built will not exceed in width, the boundaries of
the project's actual frontage on the water, regardless of what any other
governing or permitting entity may allow or permit (Chapter 2, Section
5.L.4.g.(3)).
39. Project compatibility will be judged on how well the proposed development X
fits within the context of the neighborhood and abutting properties. Provide
elevations and cross-sections showing adjacent structures within this site plan
aoolication (Chapter 2, Section 5.L.4.l!Ji\\.
40. The IPUD zoning district contains regulations regarding vehicular circulation X
(Chapter 2, Section 5A.h.). Provide documentation from the Florida
Department of Transportation that suggests their preference for the location of
the orooosed ooints of ingress and elITess.
41. A drainage statement is required prior to the Technical Review Committee X
meeting (Chaoter 4, Section 7.F.2.).
COA
01/07/05
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DEPARTMENTS INCLUDE REJECT
42. Provide a detail of front entry wall, including its dimensions, material, and X
color (Chapter 4, Section 7.D.). Also, on the main entrance landscape plan
(sheet L-2 of 5), indicate how far away the wall will be from the west (front)
property line.
43. Provide a detail of the fence proposed around the pool/clubhouse area, X
including its dimensions, material, and color (Chapter 4, Section 7.0.).
44. The residential subdivision sign may be no taller than six (6) feet in height X
and more than 32 square feet in area (Chapter 21, Article IV, Section I.B.).
Staff recommends placin!! the address on top of the sign face.
45. Provide more detail of the cross-section of the buffer. Staff recommends X
adding decorative caps and score lines to the buffer wall.
46. Where the hedge and tree requirements are met on one property, only the X
green space width shall be required for the abutting property in accordance
with Chapter 7.5, Article II, Section 5.D.E. of the Land Development
Regulations. At the time of permitting, the landscape plan would have to be
revised to show the existing landscape material of the abutting property to
north. The existing landscape material of the abutting property to the north
would have to be such that it meets the intent of the aforementioned code.
Any trees proposed within the subject property's three (3) foot wide
landscape buffer would have to adhere to Florida Power and Light (FP&L)
Right Tree - Right Place oublication.
47. At the time of permitting, on the landscape plan, ensure that the plant X
Quantities match between the tabular data and the graphic illustration.
48. Staff recommends limiting the maximum building height of Buildings Two, X
Three, and Four to 38 feet in order to maximize compatibility between the
subiect property and the abuttin!! prooerties / structures.
49. In order to maintain consistency of the appearance of the roof-top patio area, X
canopies, and other items other than plants, which are visible from adjacent
properties, shall be as shown on the site plan or done uniformly as a minor
site plan modification to the approved plan.
50. Where possible, staff recommends installing one (1) tree per 30 linear feet X
and short (small) palm trees within the 3-foot wide north landscape buffer.
The proposed trees should be consistent with the allowable trees species as
oer FPL' s Right Tree / Ri!!ht Place oublication( s).
51. Where possible, staff recommends increasing the installation height of the X
Laurel Oaks trees proposed within the parking islands on the north and south
sides of the buildings. The trees should be installed at a height of 18 feet to
20 feet rather than 16 feet to 18 feet.
COA
01107/05
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DEPARTMENTS INCLUDE REJECT
52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X
Solitaire) within each vacant interior parking island on both the north and
south sides of the building. The intent is to further break up the building
fayades with additional plant material. These trees should be installed at the
same height as the Laurel Oaks and meet the clear trunk requirements of the
landscape code. The type of palm tree will be overseen by the City Forester
at the time of oermitting.
53. Staff recommends installing the Cabbage palm trees (proposed along the X
south property line) without the typical "hurricane cut". This would help to
orovide immediate screening uoon tree installation.
54. Staff recommends that the plant material proposed within the south landscape X
buffer be installed in such a way as to provide immediate buffering. This can
be accomplished by utilizing the following tactics: install all proposed trees
at their maximum height (within their specified range of heights) without
jeopardizing the visual buffering of lower-to-mid-level screening above the
wall, replace the stretch (series) of palm trees with canopy trees consistent
with the remainder of the buffer, and insert additional palm trees within the
south landscape buffer in areas where tip-to-tip spacing is not entirely
accomolished.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
55. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
56. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Seaview Park Club
AGENT:
Mr. Michael Weiner / Weiner & Aronson, P.A.
AGENTS ADDRESS:
102 North Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 18, 2004
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 69 condominium units on
3.756 acres in the IPUD zoning district.
LOCATION OF PROPERTY:
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:\PlanningISHAREDIWP\PROJECTS\Seaview Park Club\nwsp 04-014\00 doc
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Requested City Commission
Meetim! Dates
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
~ January 18,2005
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.l
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetine Dates
Date Final form Must be Turned
in to City Clerk's Office
November 15, 2004 (Noon.)
o February 1,2005
o February 15, 2005
o March 1, 2005
o March 15, 2005
February 28, 2005 (Noon)-,
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January 17, 2005 (Noon)
December 6, 2004 (Noon)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
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RECOMMENDATION: Please place this request on the January 18, 2005 City Connnission Agenda under
Legal, Ordinance - Second Reading. The City Connnission with a 5-0 vote approved this request under Public Hearing,
Legal, Ordinance - First Reading on July 20, 2004, prior to transmittal to the Florida Department of Community Affairs
(DCA). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme
Boynton Village (LUAR 04-006)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Between Congress A venue and the L WDD E-4 Canal and south of the C-16
(Boynton) Canal
Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density
Residential (MoDR) to Mixed Use-Suburban.
Proposed use: Mixed use development of 281.814 acres containing retail, office and
residential uses.
N/A
N/A
N/A
4~,,;'oomre
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PlaIIDing and Z6nlng Director City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village.Boynton Town Center 1 \LUAR 04-006\Agenda Item Request Boynton Village Town Ctr LUAR04-
006 amend 1.18~05.dot
S,IBULLETIN\FORMSIAGENDA lTEM REQUEST FORM DOC
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 04-137(AMENDED)
TO:
Chair and Members
Planning a~d Develo ent Board and City Commission
Dick Huds , lCP
Senior Pia ner "
rv1 ~,~
Michael W. Rumpf;. ~ "
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
JUAe 11, 2001 December 9. 2004
PROJECT NAME/NUMBER:
REQUEST:
Boynton Village (WAR 04-006)
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, lnc.
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. of office use and 149,000 sq.ft. of retail commercial uses
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-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 du/ac) 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.
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 relating to mixed use projects, the provision of a
range of housing opportunities within walking distance of shops and workplaces and for
the interconnectivity between large-scale projects;
2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed
Use zoning will require the development of a community that is a pedestrian-friendly
environment containing 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 provide a transition
between existing commercial development on the west along Congress Avenue and the
single-family neighborhood to the east; however,
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,
Page 3
File Number: LUAR 04-006
Boynton Village
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 the amendment package was transmitted to the Florida Department
of Community Affairs (DCA) on August 3, 2004 for review for compliance with the state,
regional and local comprehensive plans prior to adoption. The normal review period is
approximately 60 days; however, additional time was added to allow adequate response time
for review agencies affected by the hurricanes. The City received DCA's report of their findings
in an "Objections, Recommendations and Comments (ORC) Report" on November 19, 2004.
This report from the state is generated from reviews against state, regional and local plans and
other agencies' long-range plans and policies. The two objections were based on "lack of
analysis" of: (1) availability of public facilities, and (2) traffic impacts for the maximum
development potential of the sites. A matrix is attached, showing objections and comments
from DCA and proposed responses (Exhibit "B").
The City 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. The adoption hearing is scheduled for the City
Commission meeting on January 18, 2005. It is anticipated that DCA will issue a Notice of
Intent (NOl) to find the amendments either "in compliance" or "not in compliance"
approximately 60 days following receipt of the amendment package (March 14, 2005). The
amendments become effective 21 days following issuance of the NOr.
Master Plan Reauirements
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 submitted a master plan (see Exhibit "C") for approval to coincide with adoption of the
land use amendment and the rezoning. While master plan approval is required for rezoning to
the SMU district, there is no such requirement for rezoning to C-3 Community Commercial as
requested for the Boynton Town Center portion of the property; however, since the two
rezonings are preceding simultaneously, staff has requested that any proposed access points
from the property to the excluded parcel (Boynton Town Center) be shown on the plan and that
compatibility be maximized with the remainder of the project through interconnectivity,
consistent architectural design and other design attributes required by the SMU regulations.
The proposed master plan meets the minimum requirements, as outlined in the zoning
regulations for the Suburban Mixed Use zoning district with any exceptions noted in the Review
Comments (see Exhibit D). Those requirements include:
· Any proposed multi-year phasing for the project;
. Locations of the different uses proposed, including open space or common areas,
recreational facilities, residential areas, commercial uses, office uses, other permitted
uses, and areas to be developed with integrated mixed-use structures;
Page 4
File Number: LUAR 04-006
Boynton Village
. Access and flow to each parcel;
. Tabulations of total gross acreage in the development and the percentages thereof
proposed to be devoted to the several land use types;
. Tabulations demonstrating the proposed number of dwelling units, square footage of
commercial, office and other uses; and,
. Architectural design standards showing the following: design themes to be followed,
building colors and color pallet options, maximum building heights and color elevation
renderings depicting representative design concepts.
Proiect Phases And Master Plan Overview
The project is proposed for development in two phases. Phase I will consist of the spine road
connecting the Renaissance Commons development on the north with Old Boynton Road on the
south; a lake parcel of 8.38 acres (10.27% of the site); and a mixed-use parcel of 24.7 acres
(30.27% of the site). The mixed-use parcel extends from the north boundary of the site at the
Boynton (C-16) Canal southward along Congress Avenue to the boundary with the Boynton
Town Center Project. Two access points are shown from Congress Avenue and connecting with
the proposed spine road, each provides pedestrian and vehicular access to the site. The road
from Congress Avenue opposite the entrance to the Boynton Beach Mall, is proposed to be lined
with one- and two-story commercial buildings which will provide a "main street" atmosphere for
the project. The lake parcel is located in the central eastern part of the property. It will be the
principal stormwater retention area for the development.
Currently, the remainder of the project is scheduled for Phase II. With the exception of a 5.03-
acre (6.16% of the site) parcel denoted as "park", parcels, identified for Phase II, would all be
devoted to residential development, with townhomes located on the parcel surrounding the
"lake parcel" and along the C-16 Canal, and condominiums on the two remaining parcels. The
residential parcels total 43.47 acres or 53.3% of the total development.
Tabular data show that the proposed land uses include 149,000 square feet of commercial and
retail, 10,000 square feet of office and 1,120 units of multi-family residential development. A
more recent breakdown shows that of the 1,120 residential units, there are 472 proposed
townhouses (attached single family units) and 648 condominium units.
The City has adopted a resolution requiring land dedication to satisfy the impact fee obligations;
therefore, only a portion of the 5,03-acre "park parcel" counts toward the "usable open space"
requirements. Based on the formulae included in the SMU development regulations, 30% of
the land area devoted to single-family attached units and 20% of the land area devoted to
mixed use and multi-family use must be "usable open space". In the mixed use and multi-
family use areas, up to 50% of the usable open space may be made up of hardscaped plazas
and public gathering places. In the townhouse areas, at least 50% must be in common pooled
areas, though none of this usable open space must be in public parks. Under this requirement,
a total of 17.65 acres must be earmarked for usable open space. The proposed 40-foot
pedestrian greenway adjacent to the right-of-way of the E-4 Canal and the 25-foot greenway
adjacent to the C-16 Canal will fulfill some of those requirements. There is no other indication
Page 5
File Number: LUAR 04-006
Boynton Village
how the applicant intends to fulfill these requirements; although staff will require that the
developer provide a notation on the master plan giving a conceptual description or statement of
assumptions as to how he proposes to meet the requirements. This notation will be used as a
guide as site plans for each development tract are submitted.
Also regarding recreation, a negative aspect of the proposed master plan is the lack of park
space (private and public) located to take advantage of the lake area. While location of the
proposed park parcel would maximize accessibility to non-residents of the development, it is
assumed that the "main street" area will be patronized by more than just residents of the
development. A passive area located between the spine road and the lake could be a special
focal point and gathering place for a great number of people, and a true asset to the
development. This would also fulfill the SMU requirements that developments utilizing the
regulations provide public plazas and gathering places that are both well-designed and
integrated into the overall design of the development; and also create higher quality
environments for residents, businesses, employees, and visitors.
A finding of consistency of the project with the Palm Beach County Traffic Performance
Standards Ordinance is based on the assumption that certain roadway and intersection
improvements will be necessary prior to buildout. Many of these improvements are already in
the County's adopted long-range transportation plans, but may not be included in their Five-
year Transportation Improvement Plan. Since these planned improvements may require
acquisition of additional rights-of-way, their full implementation may be too costly to be
practicable. Staff recommends a requirement of an explanation of the thresholds of
development that trigger each of the roadway improvements. This should include both a
comparable mix of uses similar to the subject request, as well as a scenario involving principally
residential uses (Condition 5). This should be provided prior to approval of any of the individual
site plans within the project.
Review Based on Reauired Criteria
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 applicable objectives and policies contained in the
comprehensive plan include:
Page 6
File Number: WAR 04-006
Boynton Village
"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"
"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 neighborhood east of the E-4 Canal.
''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 for connectivity between this site and the developing mixed-use project to the
north, across the Boynton Canal, will reduce travel distances and could minimize vehicle trips on
Congress Avenue. This is an important design attribute given the project size and the
magnitude of potential trips generated by the project.
Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the
Comprehensive Plan include 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, as expressed in this recommendation, 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 influenced 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
Page 7
File Number: LUAR 04-006
Boynton Village
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. 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 ofthe Comprehensive Plan in 1989
are factors that support 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 d".
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 provide justification
for the proposed rezoning. 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.
Page 8
File Number: LUAR 04-006
Boynton Village
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, if
the property developed at the current land use and zoning. More exact calculations of these
demands will be made at the time of site plan approval; however, the Utilities Department has
stated that additional demands for water and wastewater services will be adequately met by the
planned capacity expansion of 5,000,000 gallons per day, via an interlocal agreement with Palm
Beach County.
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 that portion of the property proposed
for Local Retail Commercial land use and C-3 zoning. 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) even though they may be included in the County's long-
range transportation improvements plans. In addition, since some of these planned
improvements may require acquisition of additional rights-of-way, their full implementation may
be too costly to be practicable, particularly in instances where acquiring additional right-Of-way
would create non-conforming parcels for existing development.
The list of improvements, below, is taken from the applicant's traffic impact analysis. Palm
Beach County Traffic Engineering has not provided comments as to their sufficiency in meeting
the Traffic Performance Standards Ordinance. They are listed below with summaries of their
impacts on properties, as well as the status of the improvement on the County's Long-range
Transportation Improvement Program:
Old Boynton Road
. Five (5) Laning from Congress Ave. to Boynton Beach Blvd.
(Right-of-way for this improvement exists; however Palm Beach County has the majority
of this improvement planned for 2016-2020. Removal of encroachments into the right-
of-way will impact properties along the roadway. Rebuilding the bridge over the E-4
Canal is scheduled for 2006.)
Page 9
File Number: LUAR 04-006
Boynton Village
Congress Avenue
. Six (6) Laning from Lantana Rd. to Hypoluxo Rd.
(Planned for fiscal year 2005.)
. Six (6) Laning from Maleluca Lane to Lantana Rd.
(Planned for fiscal year 2006.)
Intersection Phasing - Congress Ave/Gateway Blvd.
. 6 Lane Gateway Blvd. from Congress Avenue to 1-95
· Add Eastbound Right Turn Lane
· Add Southbound Right Turn Lane
. or CRALLS*
(Right-of-way exists for 6 laning Gateway Blvd, or would have minor impacts on
properties along the right-of-way. The additional turn lanes would impact properties on
the west side of the intersection.)
Intersection Phasing - Congress Ave/Old Boynton Road
· Add Additional Northbound Dual Left Turn Lanes
· Add Additional Eastbound Dual Left Turn Lanes
. or CRALLS*
(The additional right-of-way for the turn lanes would highly impact the commercial
properies at this intersection.)
Intersection Phasing -Old Boynton Rd/Boynton Beach Blvd.
. Add Additional Southbound Dual Left Turn Lane
(The additional right-of-way for the turn lane impacts the property at the southwest
corner of the intersection.)
* Constrained Roadway at Lower Level of Service (Palm Beach County adopts a CRALLS in its
Comprehensive Plan. This action recognizes that it is not feasible to complete improvements
necessary for the roadway to operate at the adopted Level of Service. Mitigation measures are
required to offset the lower level of service.)
The applicant has proposed a phasing schedule for the project, linking the issuance of building
permits to the commencement of construction of the roadway improvements. This is only one
scenario, and other scenarios could be developed as long as they meet the phasing trip
thresholds. The most recent traffic impact analysis for the Boynton Village project, combined
with the Boynton Town Center, was only presented to Palm Beach County on December 20,
2004. A response from the County is expected prior to the adoption hearing, While the
Objections, Recommendations and Comments by DCA associated with the land use amendment
have been satisfied by the applicant, the adoption of the rezoning for this project is conditioned
on the applicant's complying with the requirements of the County's Traffic Performance
Standards Ordinance. Unless the County's response is forthcoming prior to the adoption
hearing, staff would recommend postponement of the adoption of the land use amendment and
rezoning until adoption of the amendments proceeding under Round 1-2005.
Page 10
File Number: LUAR 04-006
Boynton Village
The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at
1313 W. Boynton Beach Boulevard to project the service 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.
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, In response to Comprehensive Plan Policy 9.C.3.4, cited above
under "Item a", the City Commission has requested land dedication.
The Recreation and Parks Department has determined that the Impact Fee for 1,120 residential
units would equal approximately $784,000, based on 1,120 units (472 townhouse units) and
648 condominium units). To date, it has not been determined how this amount would convert
to recreation acreage on the site; however, the dedication should not be counted toward the
required "usable open space".
Additionally, the Greenwavs/Bikewavs Plan calls for negotiation with developers to provide
green space and bikeway linkages throughout the City. Per the plan's recommendation, a 25-
foot wide bikeway is considered a minimum. As discussed in the Master Plan Overview, above,
the developer has proposed a 40-foot wide greenway along the E-4 Canal right-of-way and a
25-foot greenway along the C-16 Canal to link with the Renaissance Commons bikeways along
these canals.
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 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.
Page 11
File Number: WAR 04-006
Boynton Village
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 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. In addition, the E-4 Canal, situated between the proposed project and the
single family neighborhood to the east, has a right-of-way 180 feet. The resulting development
would generally have a positive effect on property values of adjacent and nearby properties.
However, the roadway improvements, which have been suggested as necessary for the project
to be built out as designed, will have a negative impact on some properties, as discussed under
"Item d", above. There may be alternatives to the required road improvements considered,
such as a "CRALLS" designation, that will not have the same impacts; or a decision may be
made that the benefits of the completed project outweigh the general or isolated costs,
particularly if the costs are not borne by a governmental entity.
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
magnitude of commercial uses along this segment of the Congress Avenue corridor, it is
questionable if single-family residential development would be the most desirable use of the
property or would best accommodate population growth, while at the same time representing
the highest and best use ideally proportional service costs.
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 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 a mixture of 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, and at the same time,
keep a significant portion of the projected trips within the boundaries of the project.
h. 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.
CONCLUSIONSIRECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan;
however, there will be impacts on infrastructure, particularly roadways that may require phasing
Page 12
File Number: LUAR 04-006
Boynton Village
of the project and the impacts of infrastructure improvements on selected properties in the area
must be weighed against projected benefits to the City. In addition, the increase in property
tax revenues, the additional housing opportunities, the recreation amenities, and the
concentration of density near the City's commercial hub must be weighed against the decrease
in Level of Service on Congress Avenue and the additional traffic on Old Boynton Road.
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 "D".
ATTACHMENTS
S:\PJanning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\LUAR 04-Q06\STAFF REPORT UPDATE.doc
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to
policies dealing with capacity of infrastructure to other objections, concerns and
support development and coordination of comments as listed
transportation improvements with state, regional
and local plans
Lack of analysis for availability of public facilities SFWMD (potable Provided by developer's
for the maximum development potential of the water facility capacity consultant
sites (sufficient capacity to maintain adopted analysis)
LOS)
Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's
development potential of the sites (short- and long regional network and consultant
term impact on adopted LOS), necessary road State Highway System)
improvements
CONCERNS/COMMENTS REVIEW AGENCY RESPONSE
Uses permitted in SMU include only residential FDOT Adjusted comprehensive plan
and commercial, excluding other possibilities language to include
(such as institutional, civic etc) "residential" and "non-
residential" categories
There is no explanation how the density and FDOT Adjusted comprehensive plan
intensity of uses are calculated language to include the method
of calculation
There is no determination of the minimum FDOT Adjusted comprehensive plan
densitylintensity for each use language to include
minimum/maximum density
and intensity for residential
and commercial uses
No policies promoting transit/transit-oriented FDOT Policies promoting transit and
designs for SMU sites transit-oriented designs are
being introduced in the
Transportation Element in
conjunction with the TCEA.
Inconsistencies of road classifications between the FDOT Mistake on the part ofFDOT
proposed BB map and PBC Future 2020 (admitted)
Functional Classification of Roads map
No FLUM amendments should be adopted before TCRPC The suggested roadway
amendments are made to the PB County Five improvements are not in the
Year Roadway Improvement Plan plan.
The City should consider designating the entire TCRPC The City staff has made this
property as SMU suggestion; the developer
declined.
DCA - Department of Community Affairs
SFWMD - South Florida Water Management District
FDOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Village
File number: LUAR 04-006
Reference: SMU
I DEPARTMENTS , INCLUDE I REJECT I
PUBLIC WORKS- General
Conunents: None
PUBLIC WORKS- Traffic
Conunents:
l. Provide a copy of a revised traffic analysis for this project. The traffic
analysis shall include impacts associated with full build-out of the project.
The provided analysis only considers Boynton Town Center and Boynton
Village and should include all required off-site improvements.
2. Minimum right-of-way width for the spine road shall be no less than 100
feet. The roadway classification for this roadway will be a Major Collector
at build-out and thus the specified right-of-way width.
3. Please acknowledge that many of the off-site improvements referenced in
the Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc.
will require acquisition of additional public right-of-way. Identify those
areas and address resulting impacts to private properties.
4. Provide preliminary road layout to illustrate lane alignment at the
intersections of Congress/Old Boynton and Congress/Gateway. Include the
roadway widening impacts to the Renaissance Conunons Phase VI and
show roadway re-configuration on Gateway Blvd. from Congress to Park
Ridge Rd.
5. The developer shall provide a phased construction schedule based upon off
site roadway improvements necessary to support each particular phase. The
phased construction schedule shall be based upon trips generated by each
land use in each phase.
UTILITIES
Conunents:
6. Please provide an accurate time line that clearly illustrates when water and
sewer services will be required to serve the proposed proiect. Your starting
Conditions of Approval
2
! DEPARTMENTS I INCLUDE I REJECT I
date for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
7. Provide calculations showing that the proposed water mains will support the
needed fire flows and demands.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate 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.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Conunents: None
FORESTERJENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
10. Tabulations demonstrating the orooosed numbers and tvoes of dwelling
1 DEPARTMENTS I INCLUDE I REJECT I
units, square footages of commercial, office and other uses should be shown
on the individual parcels and tabular data of master plan.
11. Master plan shows approximately 5 acres for open space concentrated at
southeast comer of project. Although individual site plans will be required
to show full compliance with objectives/intent of SMU ordinance including
requirements for useable open space, this area is considerably smaller than
the total amount of use able open space required for the project. Either
expand the proposed recreation area to represent a greater portion of the
open space requirement, or alternatively, provide secondary open space
where originally proposed between lake parcel and eastern terminus of the
main street, and sized to at minimum provide for open vista to lake and
small gathering place. Remainder of required opens space can then be
represented, for example, by private recreation areas, the pedestrian
greenway, qualified green spaces and urban gathering spaces all to be
shown on the comprehensive site plan and individual site plans.
12. The 2nd traffic circle (easternmost) should be the prominent focal point. The
alignment ofthe north/south intersecting roadway should be straight
through, as depicted on the westernmost traffic circle, providing ease of
movement and clear vision through the intersection.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Plannmg\SHARED\WP\PROJECTS\Boynton Vlllage.Boynton Town Center 1 \LUAR 04-006\SMU Master Plan\COA.doc
EXHIBIT "B"
ORe REPORT RESPONSES
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to other objections,
policies dealing with capacity of concerns and comments as listed
infrastructure to support development and
coordination of transportation improvements
with state, regional and local plans
Lack of analysis for availability of public SFWMD (potable water Provided by developer's consultant
facilities for the maximum development facility capacity analysis)
potential of the sites (sufficient capacity to
maintain adopted LOS)
Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's consultant
development potential of the sites (short- and regional network and
long term impact on adopted LOS), State Highway System)
necessary road improvements
CONCERNS/COMMENTS REVIEW AGENCY RESPONSE
Vses permitted in SMV include only FDOT Adjusted comprehensive plan language to
residential and commercial, excluding other include "residential" and "non-residential"
~ossibilities (such as institutional, civic etc) categories
There is no explanation how the density and FDOT Adjusted comprehensive plan language to
intensity afuses are calculated include the method of calculation
There is no determination of the minimum FDOT Adjusted comprehensive plan language to
density/intensity for each use include minimum/maximum density and
intensity for residential and commercial uses
No policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented
designs for SMV sites designs are being introduced in the
Transportation Element in conjunction with
the TCEA. Also FDOT has stated that these
can be addressed in a future amendment
round.
Inconsistencies of road classifications FDOT Mistake on the part ofFDOT (admitted)
between the proposed BB map and PBC
Future 2020 Functional Classification of
Roads map
No FLVM amendments should be adopted TCRPC The required roadway improvements are not
before amendmenls are made to the PB in the County Five Year Roadway
County Five Year Roadway Improvement Improvement Plan.
Plan
The City should consider designating the TCRPC Alternative to a land use designation, staff
entire property as SMV will ensure that connectivity exists and,
setbacks, architectural design, and colors are
consistent between the two developments
DCA - Department of Commun.ty AffaIrS
SFWMD - South Florida Water Management District
FDOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
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ORDINANCE NO. 04- 0"15"'
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING VACANT
PROPERTY CONSISTING OF TWO PARCELS
TOTALLING APPROXIMATELY 0.52* ACRES,
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING ORDINANCE 89-38 BY AMENDING
THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE; THE LAND USE
DESIGNATION IS BEING CHANGED FROM
GENERAL COMMERCIAL TO INDUSTRIAL;
PROVIDING FOR CONFLICTS, 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
2 1 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
31 .Scrivener's eITor eOITeello read 106.50
32
g, \CA\Ordinances\Plii:lnning\LanCl Use\Boyntol\ Village. doc
1
Section 1: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
4 following:
5 That the Future Land Use ofthe following described land shall be designated as
6 Industrial (I). Said land is more particularly described as follows:
7 See legal description attached hereto
8
9 Subj ect to easements, restrictions, reservation and rights of way of record.
10
11 Said lands situate, lying and being in Palm Beach County, Florida.
12
13 Section 3: That any maps adopted in accordance with the Future Land Use Element
14 shall be amended accordingly.
15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
16 repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereof
18 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
19 the remainder of this Ordinance.
20 Section 6: This Ordinance shall take effect on adoption, subject to the review,
21 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
22 Planning and Land Development Regulation Act. No party shall be vested of any right by
23 virtue ofthe adoption of this Ordinance until all statutory required review is complete and
24 all legal challenges, including appeals, are exhausted. In the event that the effective date is
25 established by state law or special act, the provisions of state act shall control.
FIRST READING this ~o day of J u Ii
26
,2004.
s, \CA\Ordinancee\Planning\Land Use\Boyncon village .doc
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2 SECOND, FINAL READING and PASSAGE this _ day of
3 2005.
4 CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
8. \CA\Ordillan~es\Planning\Land Ulle\Boynton Village .doc
LEGAL DESCRIPTION
A parcel of land being a portion of Lots 69 through 78, Lots 84 through 93, the
abandoned road rights-of-way adjacent to said lots, Lake Bessie and the unnumbered
lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI
LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the
Public Records of Palm Beach County, Florida, said parcel being more particularly
described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NO I %%d22'46"W along the West line of said Southwest
One-Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old
Boynton Road;
THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE NOo04l '03"W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road, said
point being the POINT OF BEGINNING;
THENCE S89048'57"W along said parallel line a distance of 826.94 feet;
THENCE NOOO11 '03"W a distance of 89.52 feet to a point of curvature ofa tangent curve
concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
19003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Northerly along the arc of said curve to the right having a central angle of
23057'48" and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of
tangency;
THENCE NO! 023'44"W a distance of74.24 feet to a point of curvature ofa tangent curve
concave to the West;
THENCE Northerly and Northeasterly along the arc of said curve to the left having a
central angle of 23043'48" and a radius of556.50 feet for an arc distance of 230.48 feet to
of reverse curvature of a tangent curve concave to the Northeast;
THENCE Northwesterly along the arc of said curve to the right having a central angle of
04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point on a
non-tangent line;
THENCE S88037'14"W a distance of 962.36 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line of the Southwest One-Quarter (1/4) of Section 20;
THENCE NOl %%d22'46"W along said right-of-way line and parallel line a distance of
371.75 feet to a point on line 60.00 feet East of and parallel with the West line of the
Northwest One-Quarter (1/4) of said Section 20;
THENCE NOl023'03"W continuing along said right-of-way line and said parallel line a
distance of 1222.05 feet to a point on line 210.00 South of and parallel with the South
line of the plat of RENAISSANCE COMMONS, A P.D.D. as recorded in Plat Book 102,
Pages 57-62 of the Public Records of Palm Beach County, Florida, said line also being
the South right-of-way line of the Boynton Canal (Canal C-16);
THENCE N87045'57"E along said parallel line and said right-of-way line a distance of
1485.39 feet to a point on the West right-of-way line of said Lake Worth Drainage
District E-4 Canal;
THENCE S06%%d28'18"E along said West right-of-way line a distance of760.86 feet;
THENCE S30%%d46'03"E continuing along said West right-of-way line a distance of
800.00 feet;
THENCE SOO%%d41'03"E continuing along said West right-of-way line a distance of
1200.00 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 82.076 Acres ,z.
...tt.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.2
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetimz Dates
Date Final Form Must be Turned
in to City Clerk's Office
D
D
D
~
December 21, 2004
December 6, 2004 (Noon)
D
D
D
D
February 15, 2005
January 31,2005 (Noon)
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December 7, 2004
November 15,2004 (Noon.)
February 1,2005
January 17,2005 (Noon)
January 4, 2005
December 20, 2004 (Noon)
March 1, 2005
February 14, 2005 (Noon) .
(-
January 18,2005
January 3, 2005 (Noon)
March 15, 2005
February 28, 2005 (Noon) ..'-'"~
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D Administrative D Development Plans ",,<
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NATURE OF D Consent Agenda D New Business {.:? ::":'r1"\
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AGENDA ITEM ~ t.-J .in
D Public Hearing Legal .;:- :r.
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a 5-0 vote approved this request under Public Hearing,
Legal, Ordinance - First Reading on July 20, 2004, prior to transmittal to the Florida Department of Conununity Affairs
(DCA). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Boynton Village (LUAR 04-006)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Between Congress Avenue and the L WDD E-4 Canal and south of the C-16
(Boynton) Canal
Request to rezone from R-l-AA single family residential to Suburban Mixed Use (SMU).
DESCRIPTION:
Proposed use: Mixed use development of ..:+:81.814 acres containing retail, office and
residential uses.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developm
N/A
N/A
N/A
-V~
City Manager's Signature
k lJTz;zf; C A IF I
armmg an ng lrector tty ttomey mance Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-006\Agenda Item Request Boynton Village Town Ctr LUARQ4-
006 rezone 1-IS-0S.dot
S:\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 04-137(AMENDED)
TO:
FROM:
Chair and Members
Planning a~d Develo ent Board and City Commission
Dick Huds , CP
Senior Pia ner .
I"1l'!~
Michael W. Rumpn L
Director of Planning and Zoning
THROUGH:
DATE:
June 11, 2001 December 9. 2004
PROJECT NAMEjNUMBER:
REQUEST:
Boynton Village (LUAR 04-006)
Amend the land use classification from Moderate Density
Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone
from R-l-AA Single Family Residential to SMU Suburban Mixed
Use
PROJECT DESCRIPTION
Property Owner:
Klatt Family Limited Partnership & Klatt Enterprises, Inc.
Applicantj 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 (dujac)
Existing Zoning:
R-l-AA Single Family Residential
Proposed Land Use:
Mixed Use Suburban (MX-S) at 20 dujac 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. of office use and 149,000 sq.ft. of retail commercial uses
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-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.
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 relating to mixed use projects, the provision of a
range of housing opportunities within walking distance of shops and workplaces and for
the interconnectivity between large-scale projects;
2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed
Use zoning will require the development of a community that is a pedestrian-friendly
environment containing 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 provide a transition
between existing commercial development on the west along Congress Avenue and the
single-family neighborhood to the east; however,
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.
Page 3
File Number: LUAR 04-006
Boynton Village
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 the amendment package was transmitted to the Florida Department
of Community Affairs (DCA) on August 3, 2004 for review for compliance with the state,
regional and local comprehensive plans prior to adoption. The normal review period is
approximately 60 days; however, additional time was added to allow adequate response time
for review agencies affected by the hurricanes. The City received DCA's report of their findings
in an "Objections, Recommendations and Comments (ORC) Report" on November 19, 2004.
This report from the state is generated from reviews against state, regional and local plans and
other agencies' long-range plans and policies. The two objections were based on "lack of
analysis" of: (1) availability of public facilities, and (2) traffic impacts for the maximum
development potential of the sites. A matrix is attached, showing objections and comments
from DCA and proposed responses (Exhibit "B").
The City 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. The adoption hearing is scheduled for the City
Commission meeting on January 18, 2005. It is anticipated that DCA will issue a Notice of
Intent (NOl) to find the amendments either "in compliance" or "not in compliance"
approximately 60 days following receipt of the amendment package (March 14, 2005). The
amendments become effective 21 days following issuance of the NOr.
Master Plan Reauirements
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 submitted a master plan (see Exhibit "C") for approval to coincide with adoption of the
land use amendment and the rezoning. While master plan approval is required for rezoning to
the SMU district, there is no such requirement for rezoning to C-3 Community Commercial as
requested for the Boynton Town Center portion of the property; however, since the two
rezonings are preceding simultaneously, staff has requested that any proposed access points
from the property to the excluded parcel (Boynton Town Center) be shown on the plan and that
compatibility be maximized with the remainder of the project through interconnectivity,
consistent architectural design and other design attributes required by the SMU regulations.
The proposed master plan meets the minimum requirements, as outlined in the zoning
regulations for the Suburban Mixed Use zoning district with any exceptions noted in the Review
Comments (see Exhibit D). Those requirements include:
. Any proposed multi-year phasing for the project;
. Locations of the different uses proposed, including open space or common areas,
recreational facilities, residential areas, commercial uses, office uses, other permitted
uses, and areas to be developed with integrated mixed-use structures;
Page 4
File Number: LUAR 04-006
Boynton Village
. Access and flow to each parcel;
. Tabulations of total gross acreage in the development and the percentages thereof
proposed to be devoted to the several land use types;
. Tabulations demonstrating the proposed number of dwelling units, square footage of
commercial, office and other uses; and,
. Architectural design standards showing the following: design themes to be followed,
building colors and color pallet options, maximum building heights and color elevation
renderings depicting representative design concepts.
Proiect Phases And Master Plan Overview
The project is proposed for development in two phases. Phase I will consist of the spine road
connecting the Renaissance Commons development on the north with Old Boynton Road on the
south; a lake parcel of 8.38 acres (10.27% of the site); and a mixed-use parcel of 24.7 acres
(30.27% of the site). The mixed-use parcel extends from the north boundary of the site at the
Boynton (C-16) Canal southward along Congress Avenue to the boundary with the Boynton
Town Center Project. Two access points are shown from Congress Avenue and connecting with
the proposed spine road, each provides pedestrian and vehicular access to the site. The road
from Congress Avenue opposite the entrance to the Boynton Beach Mall, is proposed to be lined
with one- and two-story commercial buildings which will provide a "main street" atmosphere for
the project. The lake parcel is located in the central eastern part of the property. It will be the
principal stormwater retention area for the development.
Currently, the remainder of the project is scheduled for Phase II. With the exception of a 5.03-
acre (6.16% of the site) parcel denoted as "park", parcels, identified for Phase II, would all be
devoted to residential development, with townhomes located on the parcel surrounding the
"lake parcel" and along the C-16 Canal, and condominiums on the two remaining parcels. The
residential parcels total 43.47 acres or 53.3% of the total development.
Tabular data show that the proposed land uses include 149,000 square feet of commercial and
retail, 10,000 square feet of office and 1,120 units of multi-family residential development. A
more recent breakdown shows that of the 1,120 residential units, there are 472 proposed
townhouses (attached single family units) and 648 condominium units.
The City has adopted a resolution requiring land dedication to satisfy the impact fee obligations;
therefore, only a portion of the 5.03-acre "park parcel" counts toward the "usable open space"
requirements. Based on the formulae included in the SMU development regulations, 30% of
the land area devoted to single-family attached units and 20% of the land area devoted to
mixed use and multi-family use must be "usable open space". In the mixed use and multi-
family use areas, up to 50% of the usable open space may be made up of hardscaped plazas
and public gathering places. In the townhouse areas, at least 50% must be in common pooled
areas, though none of this usable open space must be in public parks. Under this requirement,
a total of 17.65 acres must be earmarked for usable open space. The proposed 40-foot
pedestrian greenway adjacent to the right-of-way of the E-4 Canal and the 25-foot greenway
adjacent to the C-16 Canal will fulfill some of those requirements. There is no other indication
Page 5
File Number: LUAR 04-006
Boynton Village
how the applicant intends to fulfill these requirements; although staff will require that the
developer provide a notation on the master plan giving a conceptual description or statement of
assumptions as to how he proposes to meet the requirements. This notation will be used as a
guide as site plans for each development tract are submitted.
Also regarding recreation, a negative aspect of the proposed master plan is the lack of park
space (private and public) located to take advantage of the lake area. While location of the
proposed park parcel would maximize accessibility to non-residents of the development, it is
assumed that the "main street" area will be patronized by more than just residents of the
development. A passive area located between the spine road and the lake could be a special
focal point and gathering place for a great number of people, and a true asset to the
development. This would also fulfill the SMU requirements that developments utilizing the
regulations provide public plazas and gathering places that are both well-designed and
integrated into the overall design of the development; and also create higher quality
environments for residents, businesses, employees, and visitors.
A finding of consistency of the project with the Palm Beach County Traffic Performance
Standards Ordinance is based on the assumption that certain roadway and intersection
improvements will be necessary prior to buildout. Many of these improvements are already in
the County's adopted long-range transportation plans, but may not be included in their Five-
year Transportation Improvement Plan. Since these planned improvements may require
acquisition of additional rights-of-way, their full implementation may be too costly to be
practicable. Staff recommends a requirement of an explanation of the thresholds of
development that trigger each of the roadway improvements. This should include both a
comparable mix of uses similar to the subject request, as well as a scenario involving principally
residential uses (Condition S). This should be provided prior to approval of any of the individual
site plans within the project.
Review Based on Reauired Criteria
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 applicable objectives and policies contained in the
comprehensive plan include:
Page 6
File Number: WAR 04-006
Boynton Village
"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"
"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 neighborhood east of the E-4 Canal.
''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 for connectivity between this site and the developing mixed-use project to the
north, across the Boynton Canal, will reduce travel distances and could minimize vehicle trips on
Congress Avenue. This is an important design attribute given the project size and the
magnitude of potential trips generated by the project.
Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the
Comprehensive Plan include 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, as expressed in this recommendation, 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 influenced 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
Page 7
File Number: LUAR 04-006
Boynton Village
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. 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 factors that support 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 d".
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 provide justification
for the proposed rezoning. 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.
Page 8
File Number: LUAR 04-006
Boynton Village
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, if
the property developed at the current land use and zoning. More exact calculations of these
demands will be made at the time of site plan approval; however, the Utilities Department has
stated that additional demands for water and wastewater services will be adequately met by the
planned capacity expansion of 5,000,000 gallons per day, via an interlocal agreement with Palm
Beach County.
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 "0" to "E", without improvements to these
roadways. Congress Avenue would still operate at LOS "0".
Traffic impacts were also evaluated in combination with that portion of the property proposed
for Local Retail Commercial land use and C-3 zoning. 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) even though they may be included in the County's long-
range transportation improvements plans. In addition, since some of these planned
improvements may require acquisition of additional rights-of-way, their full implementation may
be too costly to be practicable, particularly in instances where acquiring additional right-of-way
would create non-conforming parcels for existing development.
The list of improvements, below, is taken from the applicant's traffic impact analysis. Palm
Beach County Traffic Engineering has not proVided comments as to their sufficiency in meeting
the Traffic Performance Standards Ordinance, They are listed below with summaries of their
impacts on properties, as well as the status of the improvement on the County's Long-range
Transportation Improvement Program:
Old Boynton Road
. Five (5) Laning from Congress Ave. to Boynton Beach Blvd.
(Right-of-way for this improvement exists; however Palm Beach County has the majority
of this improvement planned for 2016-2020. Removal of encroachments into the right-
of-way will impact properties along the roadway. Rebuilding the bridge over the E-4
Canal is scheduled for 2006.)
Page 9
File Number: LUAR 04-006
Boynton Village
Congress Avenue
. Six (6) Laning from Lantana Rd. to Hypoluxo Rd.
(Planned for fiscal year 2005.)
. Six (6) Laning from Maleluca Lane to Lantana Rd.
(Planned for fiscal year 2006.)
Intersection Phasing - Congress Ave/Gateway Blvd.
. 6 Lane Gateway Blvd. from Congress Avenue to 1-95
. Add Eastbound Right Turn Lane
. Add Southbound Right Turn Lane
. or CRALLS*
(Right-of-way exists for 6 laning Gateway Blvd, or would have minor impacts on
properties along the right-of-way. The additional turn lanes would impact properties on
the west side of the intersection.)
Intersection Phasing - Congress Ave/Old Boynton Road
. Add Additional Northbound Dual Left Turn Lanes
. Add Additional Eastbound Dual Left Turn Lanes
. or CRALLS*
(The additional right-of-way for the turn lanes would highly impact the commercial
properies at this intersection.)
Intersection Phasing -Old Boynton Rd/Boynton Beach Blvd.
. Add Additional Southbound Dual Left Turn Lane
(The additional right-of-way for the turn lane impacts the property at the southwest
corner of the intersection.)
* Constrained Roadway at Lower Level of Service (Palm Beach County adopts a CRALLS in its
Comprehensive Plan. This action recognizes that it is not feasible to complete improvements
necessary for the roadway to operate at the adopted Level of Service. Mitigation measures are
required to offset the lower level of service.)
The applicant has proposed a phasing schedule for the project, linking the issuance of building
permits to the commencement of construction of the roadway improvements. This is only one
scenario, and other scenarios could be developed as long as they meet the phasing trip
thresholds. The most recent traffic impact analysis for the Boynton Village project, combined
with the Boynton Town Center, was only presented to Palm Beach County on December 20,
2004. A response from the County is expected prior to the adoption hearing. While the
Objections, Recommendations and Comments by DCA associated with the land use amendment
have been satisfied by the applicant, the adoption of the rezoning for this project is conditioned
on the applicant's complying with the requirements of the County's Traffic Performance
Standards Ordinance. Unless the County's response is forthcoming prior to the adoption
hearing, staff would recommend postponement of the adoption of the land use amendment and
rezoning until adoption of the amendments proceeding under Round 1-2005.
Page 10
File Number: LUAR 04-006
Boynton Village
The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at
1313 W. Boynton Beach Boulevard to project the service 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.
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. In response to Comprehensive Plan Policy 9.C.3.4, cited above
under "Item a", the City Commission has requested land dedication.
The Recreation and Parks Department has determined that the Impact Fee for 1,120 residential
units would equal approximately $784,000, based on 1,120 units (472 townhouse units) and
648 condominium units). To date, it has not been determined how this amount would convert
to recreation acreage on the site; however, the dedication should not be counted toward the
required "usable open space".
Additionally, the Greenwavs/Bikewavs Plan calls for negotiation with developers to provide
green space and bikeway linkages throughout the City. Per the plan's recommendation, a 25-
foot wide bikeway is considered a minimum. As discussed in the Master Plan Overview, above,
the developer has proposed a 40-foot wide greenway along the E-4 Canal right-of-way and a
25-foot greenway along the C-16 Canal to link with the Renaissance Commons bikeways along
these canals.
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 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.
Page 11
File Number: LUAR 04-006
Boynton Village
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 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. In addition, the E-4 Canal, situated between the proposed project and the
single family neighborhood to the east, has a right-of-way 180 feet. The resulting development
would generally have a positive effect on property values of adjacent and nearby properties.
However, the roadway improvements, which have been suggested as necessary for the project
to be built out as designed, will have a negative impact on some properties, as discussed under
"Item d", above. There may be alternatives to the required road improvements considered,
such as a "CRALLS" designation, that will not have the same impacts; or a decision may be
made that the benefits of the completed project outweigh the general or isolated costs,
particularly if the costs are not borne by a governmental entity.
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
magnitude of commercial uses along this segment of the Congress Avenue corridor, it is
questionable if single-family residential development would be the most desirable use of the
property or would best accommodate population growth, while at the same time representing
the highest and best use ideally proportional service costs.
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 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 a mixture of 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, and at the same time,
keep a significant portion of the projected trips within the boundaries of the project.
h. 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, particularly roadways that may require phasing
Page 12
File Number: LUAR 04-006
Boynton Village
of the project and the impacts of infrastructure improvements on selected properties in the area
must be weighed against projected benefits to the City. In addition, the increase in property
tax revenues, the additional housing opportunities, the recreation amenities, and the
concentration of density near the City's commercial hub must be weighed against the decrease
in Level of Service on Congress Avenue and the additional traffic on Old Boynton Road.
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 "Du,
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-006\STAFF REPORT UPDATE.doc
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to
policies dealing with capacity of infrastructure to other objections, concerns and
support development and coordination of comments as listed
transportation improvements with state, regional
and local nlans
Lack of analysis for availability of public facilities SFWMD (potable Provided by developer's
for the maximum development potential of the water facility capacity consultant
sites (sufficient capacity to maintain adopted analysis)
LOS)
Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's
development potential of the sites (short- and long regional network and consultant
term impact on adopted LOS), necessary road State Highway System)
imnrovements
CONCERNS/COMMENTS REVIEW AGENCY RESPONSE
Uses permitted in SMU include only residential FDOT Adjusted comprehensive plan
and commercial, excluding other possibilities language to include
(such as institutional, civic etc) "residential" and "non-
residential" categories
There is no explanation how the density and FDOT Adjusted comprehensive plan
intensity of uses are calculated language to include the method
of calculation
There is no determination of the minimum FDOT Adjusted comprehensive plan
density/intensity for each use language to include
minimum/maximum density
and intensity for residential
and commercial uses
No policies promoting transit/transit-oriented FDOT Policies promoting transit and
designs for SMU sites transit-oriented designs are
being introduced in the
Transportation Element in
conjunction with the TCEA.
Inconsistencies of road classifications between the FDOT Mistake on the part ofFDOT
proposed BB map and PBC Future 2020 (admitted)
Functional Classification of Roads map
No FLUM amendments should be adopted before TCRPC The suggested roadway
amendments are made to the PB County Five improvements are not in the
Year Roadway Improvement Plan plan.
The City should consider designating the entire TCRPC The City staff has made this
property as SMU suggestion; the developer
declined.
DCA - Department of Community Affairs
SFWMD - South Florida Water Management District
FDOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
Exhibit "e"
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3: ~ s:~ 'f BOYNTON VILLAGE
C/J :::l~ i~ DEVELOPER:
'1J i ill s:'" 1950 CONGRESS AVENUE, U,C.
IIOYNTONBl;Ae>< F1.0lUDA
SMU
MASTER PLAN
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D.o.,. BY
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Village
File number: LUAR 04-006
Reference. SMU
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments:
1. Provide a copy of a revised traffic analysis for this project. The traffic
analysis shall include impacts associated with full build-out of the project.
The provided analysis only considers Boynton Town Center and Boynton
Village and should include all required off-site improvements.
2. Minimum right-of-way width for the spine road shall be no less than 100
feet. The roadway classification for this roadway will be a Major Collector
at build-out and thus the specified ril!ht-of-way width.
3. Please acknowledge that many of the off-site improvements referenced in
the Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc.
will require acquisition of additional public right-of-way. Identify those
areas and address resulting impacts to private nroperties.
4. Provide preliminary road layout to illustrate lane alignment at the
intersections of Congress/Old Boynton and Congress/Gateway. Include the
roadway widening impacts to the Renaissance Commons Phase VI and
show roadway re-configuration on Gateway Blvd. from Congress to Park
Ridge Rd.
5. The developer shall provide a phased construction schedule based upon off
site roadway improvements necessary to support each particular phase. The
phased construction schedule shall be based upon trips generated by each
land use in each phase.
UTILITIES
Comments:
6. Please provide an accurate time line that clearly illustrates when water and
sewer services will be required to serve the proposed proiect. Your starting
Conditions of Approval
2
I
DEPARTMENTS INCLUDE REJECT
date for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
7. Provide calculations showing that the proposed water mains will support the
needed fire flows and demands.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate 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.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Corrunents: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
10. Tabulations demonstrating the proposed numbers and tvoes of dwelling
DEPARTMENTS INCLUDE REJECT
units, square footages of commercial, office and other uses should be shown
on the individual parcels and tabular data of master plan.
II. Master plan shows approximately 5 acres for open space concentrated at
southeast comer of project. Although individual site plans will be required
to show full compliance with objectives/intent of SMU ordinance including
requirements for useable open space, this area is considerably smaller than
the total amount of useable open space required for the project. Either
expand the proposed recreation area to represent a greater portion of the
open space requirement, or alternatively, provide secondary open space
where originally proposed between lake parcel and eastern terminus of the
main street, and sized to at minimum provide for open vista to lake and
small gathering place. Remainder of required opens space can then be
represented, for example, by private recreation areas, the pedestrian
greenway, qualified green spaces and urban gathering spaces all to be
shown on the comprehensive site plan and individual site plans.
12. The 2nd traffic circle (easternmost) should be the prominent focal point. The
alignment of the north/south intersecting roadway should be straight
through, as depicted on the westernmost traffic circle, providing ease of
movement and clear vision through the intersection.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planmng\SHARED\WP\PROJECTS\Boynton VIllage-Boynton Town Center I\LUAR 04-006\SMU Master Plan\COAdoc
EXHIBIT "B"
ORe REPORT RESPONSES
DCA OBJECTIONS ORIGINAL SOURCE RESPONSE
(REVIEW AGENCY)
Inconsistency with State Comprehensive Plan DCA Addressed by responding to other objections,
policies dealing with capacity of concerns and comments as listed
infrastructure to support development and
coordination of transportation improvements
with state, regional and local plans
Lack of analysis for availability of public SFWMD (potable water Provided by developer's consultant
facilities for the maximum development facility capacity analysis)
potential of the sites (sufficient capacity to
maintain adopted LOS)
Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's consultant
development potential of the sites (short- and regional network and
long term impact on adopted LOS), State Highway System)
necessary road imnfovements
CONCERNS/COMMENTS REVIEW AGENCY RESPONSE
Uses permitted in SMU include only FDOT Adjusted comprehensive plan language to
residential and commercial, excluding other include "residential" and "non-residential"
I Dossibilities (such as institutional, civic etc) catee:ories
There is no explanation how the density and FDOT Adjusted comprehensive plan language to
intensity of uses are calculated include the method of calculation
There is no determination of the minimum FDOT Adjusted comprehensive plan language to
density/intensity for each use include minimum/maximum density and
intensity for residential and commercial uses
No policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented
designs for SMU sites designs are being introduced in the
Transportation Element in conjunction with
the TCEA. Also FDOT has stated that these
can be addressed in a future amendment
round.
Inconsistencies of road classifications FDOT Mistake on the part ofFDOT (admitted)
between the proposed BB map and PBC
Future 2020 Functional Classification of
Roads map
No FLUM amendments should be adopted TCRl'C The required roadway improvements are not
before amendments are made to the PB in the County Five Year Roadway
Counly Five Year Roadway Improvement Improvement Plan.
Plan
The Cily should consider designating the TCRl'C Alternative to a land use designation, staff
entire property as SMU will ensure that cOlmectivity exists and,
setbacks, architectural design, and colors are
consistent between the two developments
DCA - Department of Community AffaIrs
SFWMD - South Florida Water Management District
FDOT - Florida Department of Transportation
TCRl'C - Treasure Coast regional Planning Council
LOS - level of service
2
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5
6
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8
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10
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14
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16
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1
ORDINANCE NO. 04-0"(..
AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
KLATT FAMILY LIMITED
PARTNERSHIP, AMENDING
ORDINANCE 02-013 OF SAID CITY BY
REZONING A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-l-AA SINGLE-
FAMILY RESIDENITAL TO
SUBURBAN MIXED USE (SMU);
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
19
said City; and
WHEREAS, Klatt Family Limited partnership, owner of the property more
21
particularly described hereinafter, and known as Boynton Village, has heretofore
22
filed a Petition, through its agent, Ruden, McClosky, et al. pursuant to Section 9 of
23
Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida,
24
for the purpose of rezoning a tract of land consisting of approximately 82.076 acres,
25
said land being more particularly described hereinafter, from R-l-AA Single-
26
Family Residential to Suburban Mixed Use (SMU); and
27
WHEREAS, the City Commission conducted a public hearing and heard
28
testimony and received evidence which the Commission finds supports a rezoning
29
for the property hereinafter described; and
30
WHEREAS, the City Commission finds that the proposed rezoning is
S:\CA\Ordinances\Plannmg\Rezoning\Rezoning ~ Boynton VilIage.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 82.076 acres, more or less.
15
16 Subj ect 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 be and the same is hereby rezoned from R-l-AA Single-Family Residential to Suburban
21 Mixed Use (SMU). A location map is attached hereto as Exhibit "A" and made a part of
22 this Ordinance by reference.
23 Section 3:
24 accordingly.
25 Section 4:
26 hereby repealed.
27 Section 6:
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are
Should any section or provision of this Ordinance or any portion
S:\CA\Ordinances\Planning\Rezoning\Rezoning" Bo~ton Village.doc
1 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
2 not affect the remainder ofthis Ordinance.
3 Section 7. This ordinance shall become effective immediately upon passage.
4 FIRST READING this ~ day of Ju.l~ ,2004.
5 SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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9
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22 ATTEST:
23
24
25 City Clerk
26
27 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Village,doc
LEGAL DESCRIPTION
A parcel of land being a portion of Lots 69 through 78, Lots 84 through 93, the
abandoned road rights-of-way adjacent to said lots, Lake Bessie and the unnumbered
lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI
LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the
Public Records of Palm Beach County, Florida, said parcel being more particularly
described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NO I %%d22'46"W along the West line of said Southwest
One-Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old
Boynton Road;
THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension ofthe West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE NOo041 '03"W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road, said
point being the POINT OF BEGINNING;
THENCE S89048'57"W along said parallel line a distance of 826.94 feet;
THENCE NOooII'03"W a distance of 89.52 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
19003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Northerly along the arc of said curve to the right having a central angle of
23057'48" and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Northerly along the arc of said curve to the left having a central angle of
06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of
tangency;
THENCE NOI 023'44"W a distance of74.24 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Northerly and Northeasterly along the arc of said curve to the left having a
central angle of 23043'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to
of reverse curvature of a tangent curve concave to the Northeast;
THENCE Northwesterly along the arc of said curve to the right having a central angle of
04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point on a
non-tangent line;
THENCE S88037'14"W a distance of 962.36 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line of the Southwest One-Quarter (1/4) of Section 20;
THENCE NOI %o/0d22'46"W along said right-of-way line and parallel line a distance of
371.75 feet to a point on line 60.00 feet East of and parallel with the West line of the
Northwest One-Quarter (1/4) of said Section 20;
THENCE NOl023'03"W continuing along said right-of-way line and said parallel line a
distance of 1222.05 feet to a point on line 210.00 South of and parallel with the South
line of the plat of RENAISSANCE COMMONS, A P.D.D. as recorded in Plat Book 102,
Pages 57-62 of the Public Records of Palm Beach County, Florida, said line also being
the South right-of-way line of the Boynton Canal (Canal C-16);
THENCE N87045'57"E along said parallel line and said right-of-way line a distance of
1485.39 feet to a point on the West right-of-way line of said Lake Worth Drainage
District E-4 Canal;
THENCE S06%%d28'18"E along said West right-of-way line a distance of 760.86 feet;
THENCE S30%%d46'03"E continuing along said West right-of-way line a distance of
800.00 feet;
THENCE SOO%%d41'03"E continuing along said West right-of-way line a distance of
1200.00 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 82.076 Acres :1:.
BOYNTON TOWN CENTER I
LOCATION MAP
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII, - LEGAL
ITEM A.3
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must he Turned
in to City Clerk's Office
o December 7, 2004
o December 21, 2004
o January 4, 2005
rgJ January 18,2005
November 15, 2004 (Noon.)
o February 1,2005
o February 15. 2005
o March I, 2005
o March 15,2005
January 17, 2005 (Noon)
December 6, 2004 (Noon)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
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January 3, 2005 (Noon)
February 14, 2005 (Noon) ~~J
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February 28, 2005 (Noon)-;-
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NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
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0 Development Plans -~
0 New Business ~'?
c.)
C8J Legal w
0 Unfinished Business
0 Presentation
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RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a 5-0 vote approved this request under Public Hearing,
Legal, Ordinance - First Reading on July 20, 2004, prior to transmittal to the Florida Department of Community Affairs
(DCA). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Town Center (LUAR 04-007)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Northeast comer of Congress A venue and Old Boynton Road
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:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
A-t.) r: ~ /
Planning and zag Director City Attorney I Finance I Human Resources
S;\Planning\sHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-007\Agenda Item Request Boynton Village To\VI1 Ctr LUAR04-
007 amend 1-18-D5.dot
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO, PZ 04-138
Chairman and Members
Planning and Development Board and City Commission
n~
Dick Hudson, Altp
Senior Planner . ,; .
lNl)V
Michael W. Rump~ \:
Director of Planning and Zoning
June 14, 2004
Boynton Town Center I (LUAR 04-007)
Amend the future land use designation from Moderate Density
Residentail (MoOR) to Local Retail Commercial and rezone from
R-1-AA Single-family Residential to C-3 Community Commercial.
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc.
Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et
al.
Northeast corner of the intersection of Congress Avenue and Old
Boynton Road. (Exhibit "A")
25 acres
Moderate Density Residential (MoOR) at 7.26 dwelling units per
acre
R-1-AA Single-family Residential
Local Retail Commercial
C-3 Community Commercial
Commercial retail development
Page 2
File Number: LUAR 04-007
Boynton Town Center I
Adjacent Uses:
North:
Vacant property designated Moderate Density Residential (MoOR),
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 (MoOR),
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 Skv 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: WAR 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 (aRC) 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 aRC 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: WAR 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. 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
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 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 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 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 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 b". 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 City Commission recommends conditions, they will be
included within Exhibit "B".
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Boyotoo Village-Boynton Town Center l\LUAR 0+007\STAFf REPORT NEW.doc
BOYNTON TOWN CENTER I
LOCATION MAP
Local Retail Commercial
Industrial
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ORDINANCE NO. 04-04'
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 25 ACRES AND
LOCATED THE NORTHEAST CORNER OF THE
INTERSECTION OF CONGRESS A VENUE AND OLD
BOYNTON ROAD; 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
MODERATE DENSITY RESIDENTIAL TO LOCAL
RETAIL COMMERCIAL (LRC); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE,
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I: The foregoing WHEREAS clauses are true and correct and incorporated
herein by this reference.
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
33 following:
SI\CA\OrdiniJ.nCell\Planning\Land Use\Boynton Town Center (010705 rev) .doc
1 That the Future Land Use ofthe following described land shall be designated as Local
2 Retail Commercial (LRC). Said land is more particularly described as follows:
3 See legal description attached hereto.
4
5 Subject to easements, restrictions, reservation and rights of way of record.
6
7 Said lands situate, lying and being in Palm Beach County, Florida.
8
9 Section 3: That any maps adopted in accordance with the Future Land Use Element shall
lObe amended accordingly.
11 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
12 Section 5: Should any section or provision of this Ordinance or any portion thereof be
13 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
14 remainder of this Ordinance.
15 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
16 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
17 Land Development Regulation Act. No party shall be vested of any right by virtue of the
18 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
19 including appeals, are exhausted. In the event that the effective date is established by state law or
2 0 special act, the provisions of state act shall control.
21
FlRSTREADINGthis ~o day of JI..d1
,2004.
22
B,\CA\Ordinances\Planning\L8nd Ose\Bcynton Town Cente~ (010705 rev) .doc
1
SECOND, FINAL READING and PASSAGE this day of
,2005.
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18 ATTEST:
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2 1 City Clerk
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23 (Corporate Seal)
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
,\CA\Ordinance8\Planning\Land Ule\Boynton Town Center (010705 rev) .doe
LEGAL DESCRIPTION
A parcel ofland being a portion of Lots 68, 69, 79 through 84, the abandoned road rights-
of-way adjacent to said lots, Lake Bessie and the unnwnbered lands adjacent to said Lake
Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH,
RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm
Beach County, Florida, said parcel being more particularly described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing ofNOlo22'46"W along the West line of said Southwest One-
Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton
Road;
THENCE N89"48'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension ofthe West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE NOoo41 '03"W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89048'57"W along said parallel line a distance of 826.94 feet to the POINT
OF BEGINNlNG;
THENCE continue S89048'57"W continuing along said parallel line a distance of 536.02
feet to a point on the East line of said Lot 79;
THENCE NOI o22'46"W along said East line a distance of 1.00 feet to a point on a line
51.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89048'57"W along said parallel line a distance of 528.12 feet;
THENCE N45047'05"W a distance of 57.16 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line of the Southwest One-Quarter (1/4) of Section 20;
THENCE NOI o22'46"W along said right-of-way line and parallel line a distance of
957.57 feet;
THENCE N88037'14"E a distance of962.36 feet to a point on the arc of a non-tangent
curve concave to the Northeast, a radial line of said curve through said point having a
bearing ofN690I7'44"E;
THENCE Southeasterly along the arc of said curve to the left having a central angle of
04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Southeasterly and Southerly along the arc of said curve to the right having a
central angle of 23043'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to
a point of tangency;
THENCE SOl 023'44"E a distance of74.24 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
06006'43" and a radius of 556.50 feet for an arc distance of59.36 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Southerly along the arc of said curve to the left having a central angle of
23057'48" and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
] 9003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of
tangency;
THENCE SOO%%dl] '03"E a distance of 89.52 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 24.4] 9 Acres ".
XII. - LEGAL
ITEM A,4
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) 0
0 December 21, 2004 December 6, 2004 (Noon) 0
0 January 4, 2005 December 20, 2004 (Noon) 0
~ January 18,2005 January 3, 2005 (Noon) 0
Requested City Commission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
February 1,2005
January 17,2005 (Noon)
February 15, 2005
January 31,2005 (Noon)
March 1, 2005
February 14, 2005 (Noon)
March 15,2005
,.-~
February 28, 2005 (NooiV'
C-
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-
NATURE OF
AGENDA ITEM
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Development Plans (jl
New Business ;J
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Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
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Unfmished Business ,-"
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Presentation
RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a 5-0 vote approved this request under Public Hearing,
Legal, Ordinance - First Reading on July 20, 2004, prior to transmittal to the Florida Department of Community Affairs
(DCA). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Town Center (LUAR 04-007)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Northeast corner of Congress Avenue and Old Boynton Road
Request to rezone from R-l-AA single family residential to C-3 Community Commercial.
Proposed use: Commercial retail development of :,:25.00 acres.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop
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City Manager's Signature
AJJ-(. k
Planning and~ng Director City Attomey / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\LUAR 04-007\Agenda Item Request Boynton VilJage Town Ctr LUAR04-
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PROJECf NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-138
Chairman and Members
Planning and Development Board and City Commission
T1~
Dick Hudson, Altp
Senior Planner ~
Michael w. Rump~\t,)
Director of Planning and Zoning
June 14, 2004
Boynton Town Center I (LUAR 04-007)
Amend the future land use designation from Moderate Density
Residentail (MoDR) to Local Retail Commercial and rezone from
R-l-AA Single-family Residential to C-3 Community Commercial.
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc.
Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et
al.
Northeast corner of the intersection of Congress Avenue and Old
Boynton Road. (Exhibit "AU)
25 acres
Moderate Density Residential (MoDR) at 7.26 dwelling units per
acre
R-l-AA Single-family Residential
Local Retail Commercial
C-3 Community Commercial
Commercial retail development
Page 2
File Number: LUAR 04-007
Boynton Town Center I
Adjacent Uses:
North:
Vacant property designated Moderate Density Residential (MoOR),
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 (MoOR),
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 Skv 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,
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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 (aRC) 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 aRC 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 Citys 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. 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
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 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: WAR 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 aU, is a changing condition that could make the proposed
rezoning desirable. Aiso, 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:
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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 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 additionai 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 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 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 b". 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/and
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.
CONCLUSIONSIRECOMMENDATIONS
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
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1
ORDINANCE NO. o4-oLle
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AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
KLATI' FAMILY LIMITED
PARTNERSHIP 1 AND KLATT
ENTERPRISES, INC., AMENDING
ORDINANCE 02-013 OF SAID CITY BY
REZONING A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-l-AA SINGLE-
FAMILY RESIDENITAL TO C-3
COMMUNITY COMMERCIAL;
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE
DATE.
18
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
said City; and
WHEREAS, Klatt Family Limited partnership I and Klatt Enterprises, Inc.,
owner of the property more particularly described hereinafter, and known as
Boynton Town Center, has heretofore filed a Petition, through its agent, Boynton
Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et aI. pursuant to Section
9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, for the purpose of rezoning a tract of land consisting of approximately
24.419 acres, said land being more particularly described hereinafter, from R-l-AA
Single-Family Residential to C-3 Community Commercial; and
WHEREAS, the City Commission conducted a public hearing and heard
testimony and received evidence which the Commission finds supports a rezoning
S:\CA\Ordinances\Planning\R.c2oning\Rezoning. Boynton Town Center 1(010705 rev),doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezoning is
3 consistent with an amendment to the Land Use which was contemporaneously
4 considered and approved at the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the
6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
7 set forth.
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section 1.
The foregoing Whereas clauses are true and correct and
11 incorporated herein by this reference.
12 Section 2. The following described land, located in the City of Boynton Beach,
13 Florida as set forth as follows:
14
15 See legal description attached hereto.
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18 Subject to easements, restrictions, reservation and rights of way of record.
19
2 0 Said lands situate, lying and being in Palm Beach County, Florida.
21
22 be and the same is hereby rezoned from R-l-AA Single-Family Residential to C-3
23 Community Commercial. A location map is attached hereto as Exhibit "An and made a
24 part of this Ordinance by reference.
25 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended
26 accordingly.
27 Section 4: All ordinances or parts of ordinances in conflict herewith are
S:\CA\Ordinances\Planning\Rezoning\Rezoning - BO)Tlton Town Center 1(010705 rev).doc
1 hereby repealed.
2 Section 6: Should any section or provision of this Ordinance or any portion
3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
4 not affect the remainder of this Ordinance.
5 Section 7. This ordinance shall become effective immediately upon passage.
6 FIRST READING this ~ day of Ju,11 ,2004.
7 SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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24 ATTEST:
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27 City Clerk
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29 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\PJanning\Rezolling\Rezoning - Boynton Town Center ((010705 rev).doc
LEGAL DESCRIPTION
A parcel ofland being a portion of Lots 68, 69, 79 through 84, the abandoned road rights-
of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake
Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH,
RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm
Beach County, Florida, said parcel being more particularly described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (114) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NO I "22'46"W along the West line of said Southwest One-
Quarter (114) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton
Road;
THENCE N89"48'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE NOoo41 '03"W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89048'57"W along said parallel line a distance of 826.94 feet to the POINT
OF BEGINNING;
THENCE continue S89048'57"W continuing along said para1lelline a distance of 536.02
feet to a point on the East line of said Lot 79;
THENCE NOI o22'46"W along said East line a distance of 1.00 feet to a point on a line
51.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89048'57"W along said parallel line a distance of 528.12 feet;
THENCE N45047'05"W a distance of 57.16 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line of the Southwest One-Quarter (114) of Section 20;
THENCE NOI o22'46"W along said right-of-way line and parallel line a distance of
957.57 feet;
THENCE N88037'14"E a distance of962.36 feet to a point on the arc ofa non-tangent
curve concave to the Northeast, a radial line of said curve through said point having a
bearing ofN69017'44"E;
THENCE Southeasterly along the arc of said curve to the left having a central angle of
04025'16" and a radius of 1542.00 feet for an arc distance of I 18.99 feet to a point of
reverse curvature ofa tangent curve concave to the West;
THENCE Southeasterly and Southerly along the arc of said curve to the right having a
central angle of23043'48" and a radius of 556.50 feet for an arc distance of230.48 feet to
a point of tangency;
THENCE SOlo23'44"E a distance of 74.24 feet to a point of curvature ofa tangent curve
concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Southerly along the arc of said curve to the left having a central angle of
23057'48" and a radius of682.00 feet for an arc distance of285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
19003'47" and a radius of556.50 feet for an arc distance of 185. 15 feet to a point of
tangency;
THENCE SOO%%dll '03"E a distance of 89.52 feet to the POINT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 24.4 I 9 Acres :1:.
BOYNTON TOWN CENTER I
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.S
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 Meetin!! Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14,2005 (Noon)
~ January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
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0 Administrative Development Plans ':::;:r. '-'(C;,
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RECOMMENDATION: Please place this request on the January 18, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission with a 5-0 vote approved this request under Public Hearing,
Legal, Ordinance - First Reading on July 20, 2004, prior to transmittal to the Florida Department of Community Affairs
(DCA). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-134.
EXPLANATION:
PROJECT:
OWNER:
DESCRIPTION:
Comprehensive Plan Text Amendments (CPT A 04-002)
Suburban Mixed Use
City-Initiated
Request to amend Policy 1.15.1 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:
FISCAL IMPACT:
MTERNATIW>'.11!iI-t
Develop~ ep rtment Director
N/A
N/A
~
City Manager's Signature
Ie!) ~,0
Planning and Z ing Director City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\CPTA 04-002\Agenda Item Request Boynton Village Town Ctr CPTA 04-
0021-18-05.dot
S:IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-134
UPDATED
TO: Chairman and Members
Planning and Develop.men
FROM: Dick Hudson, Sen.
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: June 10, 2001 January 4, 2005
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 (dujac) 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 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 cateqorv shall onlv be aoolicable to lands located west of I-
95, and shall consist of the SMU Suburban Mixed Use zoninq districts and/or any zoninq
district(s) which may be established in the future orovided that the abovementioned zoninq
districts are shown on the Future Land Use Mao within the Mixed Use-Suburban land use
category .
The land use cateqorv allows for a diversity of land uses and accommodates and encourages a
mixture of uses, which may be arranqed either verticallv or horizontallv alonq maior arterial
roadways. All land develooment located in the Mixed Use-Suburban cateqorv shall be required
to submit a olan that includes a sinqle unified olan for the oroiect. which encouraqes svnerqv
between orooosed uses, oromotes oedestrian or multi-modal Iinkaqes. maximizes usable ooen
soaces and oublic soaces. and establishes desiqn obiectives for the oroiect.
The uses allowed in this land use cateqorv shall be limited to, but shall not necessarilv include
the followinq:
All uses located in the Local Retail Commercial land use cateqorv and all uses located in the
Hiqh Density Residential Land Use Cateqorv, subiect to desiqn requirements and oerformance
standards contained in the Land Develooment Regulations: however, residential densities uo to
20 dwelling units oer acre (based on the qross acreaqe of the oroiect) are oermitted. A
maximum Floor Area Ratio (FAR) uo to 1.0 (based on the qross acreaqe of the oroiect) may be
considered for all uses, exclusive of oarkinq structures, throuqhout the Mixed Use-Suburban
land use cateqorv.
Land use activities shall be illustrated on the master olan and are oermissible accordinq to the
followinq ranqes. exoressed as a oercentaqe net area in this olan cateqorv, which does not
include areas dedicated solelv to roadways, drainaqe or recreation tracts. The oercentaqes
shall require develooment with a mixture of such uses.
For a oroiect containinq 100% vertical mixed use:
Residential
Non-residential
15%-85%
15%-85%
In all other oroiects:
Minimum net land area of 10% must be vertical mixed use; and,
Maximum net land area of 80% can be sinqle-use residential: and,
Maximum net land area of 20% can be sinqle-use commercial.
Page 3
File Number: CPTA 04-002
Mixed Use-Suburban
The cumulative develooment in these areas shall be monitored with each site clan to ensure
that the orooortion of mixed uses is maintained.
The mix of uses orooosed for anv land develooment located in the Mixed Use-Suburban
cateQorv shall be reviewed for aesthetics. desiQn Qualitv and ohvsical comoatibilitv with
adiacent land uses: and shall conform to anv adooted design olan(s) for the area covered bv
the cateQorv.
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
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.
AlTACHMENTS
S:\Planning\SHAREO\WP\PROJECTS\Boynton Viilage-Boynton Town Center l\CPTA 04-002\STAFF REPORT CPTA.doc
Ranges of Allowable Percentages of Land Use Within the Area:
Residential: 30%-70%
Commercial (including office development): 30%- 70%
The cumulative development in these areas shall be monitored annually to
ensure that the proportion of mixed uses is maintained.
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 planes) for the area covered by the
category.
Mixed Use-Suburban: This land use category shall only be applicable to
lands located west of 1-95, and shall consist ofthe 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 ofland 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. All land development located in the Mixed
Use- Suburban category shall be required to submit a plan that includes a
single unified plan for the project, which encourages synergy between
proposed uses, promotes pedestrian or multi-modal linkages, maximizes
usable open spaces and public spaces, and establishes design objectives for the
project.
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 and all uses
located in the High Density Residential Land Use Category, subject to design
requirements and performance standards contained in the Land Development
Regulations; however, residential densities up to 20 dwelling units per acre
(based on the gross acreage of the project) are permitted. A maximum Floor
Area Ratio (FAR) up to 1.0 (based on the gross acreage of the project) may be
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
1-21
Date: January 18,2005
Future Land Use Element
Ordinance No. 04-049
considered for all uses, exclusive of parking structures, throughout the Mixed
Use-Suburban land use category.
Land use activities shall be illustrated on the master plan and are permissible
according to the following ranges, expressed as a percentage net area in this
plan category, which does not include areas dedicated solely to roadways,
drainage or recreation tracts. The percentages shall require development with
a mixture of such uses.
For a project containing 100% vertical mixed use:
Residential
Non-residential
15%-85%
15%-85%
In all other projects:
Minimum net land area of 10% must be vertical mixed use; and,
Maximum net land area of 80% can be single-use residential; and,
Maximum net land area of20% can be single-use commercial.
The cumulative development in these areas shall be monitored with each site
plan to ensure that the proportion of mixed uses is maintained.
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 ofthe project; 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 -I 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
Comprehensive Plan
Amendments 04-2
1-21a
Date: January 18, 2005
Future Land Use Element
Ordinance No. 04-049
Amen
XII. - LEGAL
ITEM A.S
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7
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ORDINANCE NO. 04 - Q1q
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING POLICY 1.16.1 OF
THE FUTURE LAND USE ELEMENT BY ADDING
A MIXED USE-SUBURBAN (MX-2*) LAND USE
CATEGORY; PROVIDING FOR CONSISTENT
ZONING DISTRICTS, ALLOWED USES,
DENISITY AND INTENSITY OF DEVELOPMENT;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
14
("City") has adopted a comprehensive plan and as part of said plan, adopted Policy
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1.16.1, pursuant to Ordinance 89-38 in accordance with the Local Government
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Comprehensive Planning Act; and
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WHEREAS, after public hearing and study, the City Commission deems it to be
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III the best interest of the inhabitants of the City to amend the text of the City's
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Comprehensive Plan by amending Policy 1.16.1, as provided herein; and
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WHEREAS, it is the recommendation of staff that a text amendment to Policy
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1.16.1 be made to add a Mixed Use-Suburban (MX-S) land use category, to provide for
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consistent zoning districts, allowed uses, density and intensity of development; and
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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26
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31
32
33
Section 1.
That Objective 1.16 of the Comprehensive Plan
shall be amended by adding the words and figures
in underlined type, to read as follows:
Policv 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
*Scrivenor's error should correctly be (MX-S)
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\QLKD1\Mixed Use.Suburban Text
ent 71204 rev011205.doc
1 otherwise in the Problems and Opportunities section of this element, shall
2 correspond to the Future Land Use Plan in accordance with the following
3 descriptions ofland use categories...
4
5 Mixed Use-Suburban: This land use category shall only be applicable to lands located
6 west of 1-95, and shall consist of the SMU Suburban Mixed Use zoning districts and/or
7 any zoning district(s) which may be established in the future provided that the
8 abovementioned zoning districts are shown on the Future Land Use Map within the
9 Mixed Use-Suburban land use category.
10
II The land use category allows for a diversity of land uses and accommodates and
12 encourages a mixture of uses, which may be arranged either vertically or horizontally
13 along maior arterial roadways. All land development located in the Mixed Use-
14 Suburban category shall be required to submit a master plan that includes a unified plan
15 of development for the proiect, which encourages synergy between proposed uses,
16 promotes pedestrian or multi-modal linkages, maximizes usable open spaces and public
17 spaces, and establishes design obiectives for the proiect.
18
19 The uses allowed in this land use category shall be limited to, but shall not necessarily
20 include the following:
21
22 All uses located in the Local Retail Commercial land use category and all uses located
23 in the High Density Residential Land Use Category. Residential densities UP to 20
24 dwelling units are permitted. A maximum Floor Area Ratio (FAR) UP to 1.0 is
25 permitted for all non-residential uses, exclusive of parking structures, throughout the
26 Mixed Use-Suburban land use category. Density and FAR shall be calculated based
27 upon the grOSS acreage.
28
29 The following percentages, calculated as a percentage of the net area_ shall be met in
30 designing the mixture of uses:
31
32 High Densitv Residential: 30%-70%
33 Local Retail Commercial (including office development): 30%-70%
34
35 In calculating the net area, roadway areas, parks, drainage, wetlands, or recreation tracts
36 shall be excluded.
37
38
39 The mix of uses proposed for any land development located in the Mixed Use-
40 Suburban category shall be reviewed for aesthetics, design quality and physical
41 compatibility with adiacent land uses; and shall conform to any adopted design
42 plane s) for the area covered by the category.
43
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD1\Mixed Use-Suburban Text
Amen ent 71204 rev011205.doc
Amen
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Section 2. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 3. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this Ordinance.
Section 4.
This Ordinance shall become effective immediately.
FIRST READING this ~ day of July, 2004.
SECOND, FINAL READING At"ID PASSAGE this _ day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD1\Mixed Use-Suburban Text
ent 71204 rev011205.doc
\
Requested City Commission
Meetine Dates
o December 7, 2004
o December 21. 2004
o January 4, 2005
I:8J January 18, 2005
NATURE OF
AGENDA ITEM
XII. - LEGAL
ITEM A.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must he Turned
in to City Clerk's Office
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RECOMMENDATION: Please place this request ou the Jauuary 18,2005 City Commissiou Ageuda uuder
Legal, Ordiuauce - Secoud Readiug. The City Commissiou with a 5-0 vote approved this request uuder Public Heariug,
Legal, Ordiuauce - First Readiug ou July 20, 2004, prior to trausmittal to the Florida Departrueut ofCouuuuuity Affairs
(DCA). For further details pertaiuiug to the request, see attached Departmeut of Developrneut MernorOlldum No. PZ 04-166.
EXPLANATION:
PROJECT:
OWNER:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
November 15, 2004 (Noon.)
o February 1,2005
o February 15,2005
o March 1, 2005
o Macch 15,2005
February 14, 2005 (Noonf~
,-
February 28, 2005 (Noon f.::
.~
I
U1
t1V<...
lauuiug aud Zouiug Di or City Attorney / Fiuauce / Humau Resources
S:\Planning\SHARED\WP\SPECPROJ\CPTA 04-004 Funct.Class Map\Agenda Item Request Comprehen.Plan Text Amend.Fig.4 Functional Class Radway
Map 1-18~05.dot
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
January 17,2005 (Noon)
December 6, 2004 (Noon)
January 31,2005 (Noon)
December 20, 2004 (Noon)
January 3, 2005 (Noon)
o Admiuistrative
o Couseut Ageuda
o Public Heariug
o Bids
o Auuouucerneut
o City MOllager' s Report
0 Developrneut Plaus -ry
0 New Business l'.)
I:8J Legal (0)
,.-
0 Uufiuished Busiuess
0 Presentation
Cornpreheusive Piau Text Arneudrnents (CPT A 04-004)
Figure 4-Fuuctioual Classification of Roadway Map
City-iuitiated
Request to update Trausportation Elerneut data aud aualysis Figure 4 (Fuuctioual
Classificatiou of Roadways Map) by addiug two roadway segmeuts classified as Local
Collectors, thereby makiug these corridors eligible for redeveloprneut usiug the mixed use
low zoued district.
N/A
N/A
N/A
J~
City Mauager's Siguature
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-166
TO:
Chair and Members
Communi~re~~ent Agency Board
Dick HUds~nior Planner
Michael W, Rump(~\j4--
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
June 30, 2004
SUBJECT:
Functional Classification Map Amendment (CPTA 04-004)
INTRODUCTION
The existing Functional Classification of Roadwavs MaD (Fiqure 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 iegend 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 12'h Avenue, and Martin Luther King Junior Boulevard
between Federai Highway and Sea crest 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 dujac),
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:\Planning\SHARED\WP\SPECPROJ\CPTA\04_004 Funct.C1ass Map\STAFF REPORT CPTA.doc
EXHIBIT "A"
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SP - STATE PRINCIPAl AR1EAIALS
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CC - C()ffl'Y CCUECTOflS SOURCE: 1996 Compo Plan EAR.
C - CITI CIU.ECTORS
l - LOCAL CIU.ECTtllS - N01 Cl'i STATE CUSSIFlCATli:fl
No{ T I) ScaI~
BOYNTON BEACH COMPREHENSIVE PLAN Lame Planning & Management Services, Inc.
Functional Classification of Roadways Fort Myers, Florida, 2000
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LEGEND
U - PAl: Principal Arterial _ Interstate
U - PAO: Principal Arterial _ Other
U - MIN: Minor Arterial
U - CaLL: Collector
L - Local Collectors -not on State Classification
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FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000.2010
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FIGURE 4
I
2
3
4
5
6
7
8
9
10
II
12
13
ORDINANCE NO. 04- 058
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA APPROVING THE PROPOSED
AMENDMENT TO THE FUNCTIONAL
CLASSIFICATION OF ROADWAYS MAP IN THE
SUPPORT DOCUMENTS FOR THE
TRANSPORTATION ELEMENT OF THE
COMPREHENSVIE PLAN; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
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
WHEaEAS, 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
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 12'h Avenue, 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 support redevelopment
28
through implementation of redevelopment plans and future rezoning of parcels
29
fronting on these roadways to the Mixed Use-Low Intensity zoning district will
S:\CA\Ordlnancea\Plannlng\Amdmcnt to Map - Transportation Element.doc
allow redevelopment of these properties to occur at a maximum of forty-five feet
2 (45') in height and up to twenty dwelling units per acre; and
3 WHEREAS, this intensity of development is consistent with adopted
4 redevelopment plans for the areas and is not intended for parcels with frontage
5 on local streets; and
6 WHEREAS, staff recommends approval of the proposed amendment tot
7 the Functional Classification of Roadways Map (Figure 4), found in the Support
8 Documents for the Transportation Element of the Comprehensive plan. The
9 amendments to the map utilize the same designations used by Palm Beach
10 County and the designation of two segments of roadways as "Local Collector"
11 roads will enable redevelopment of two areas of the City consistent with adopted
12 redevelopment plans.
13 NOW THEREFORE, BE IT ORDAINED BY THE CITY
14 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
15 THAT:
16
Section 1.
The foregoing Whereas clauses are true and correct and are
17 now ratified and confirmed by the City Commission.
18
Section 2.
That the Functional Classification of Roadways Map,
19 found in the Support Documents for the Transportation Element of the
20 Comprehensive Plan is hereby amended to utilize the same designations used by
21 Palm Beach County and the designation of two segments of roadways as "Local
22 Collector" roads to enable redevelopment of two areas of the City consistent
23 with adopted redevelopment.
S:ICAIOrdinanoeslPlanninglAmdmenl to Map" TransporlaUon Element.doc
Section 3.
All laws and ordinances applying to the City of Boynton
2 Beach in conflict with any provisions of this Ordinance are hereby repealed.
3
Section 4.
Should any section or provision of this Ordinance or any
4 portion thereof be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this Ordinance.
6
Section 5.
This Ordinance shall become effective immediately.
7 FlRST READING this aO day of July, 2004.
8
9 SECOND, FINAL READING AND PASSAGE this _ day of
10 2005.
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
26
27 Commissioner
28 ATTEST:
29
30
31 City Clerk
32
33
34
35
S:\CAIOrdlnanceS\PlannlnglAmdment to Map. Transportation Element.doc
..I
CC
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SP - ITATE PRIHCIPAL ARTERIALS
SN - STATE NIHtll1 ARTERIALS
eN - ClU(fY NIHtll1 ARTERIALS
CC - CIUm CtU.EnORS SOURCE: 1996 Compo Plan E.A.R.
C - CI1'/ C1UEnDRS
L - LOCAl. C1UEnORS - HOT DH. STAlE CUSSIfICATlDH
BOYNTON BEACH CONPREHENSIVE PLAN Larue Planning &: Management Se~si Inc.
Functional Classification of Roadways Fort Myers, Florida, 2000
. FIGURE 4
'.
LIIO.ND
v . PAIII'!InO/PIII ArtwIIlI . ,..-..-
v . flAOt ............ ........ . oa..
V. W'" __ ArtMIII
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o 11017110 1....4m l.iOO .AM.
aOYNTON aMCN COIIII'IfM"".,lIIl PLAN
FUNCTIONAL CLAa.,FICAnON OF ROADWAYalOOO4010
FIOURE 4
\
XII. - LEGAL
ITEM A.7
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
Meetine Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon)
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005 February 28, 2005 (Noon)
C)
~ ~::~
, ..._-<
0 Admiuistrative 0 Developrneut PlOlls ~-~ D
0 0 -- ,:"'")-ll
NATURE OF Couseut Ageuda New Business I '~:J
AGENDA ITEM 0 I:8J Cil ~~:)
Public Heariug Legal ,
0 Bids 0 Unfinished Business -~ .---<
:~)
0 Announcement 0 Presentation p..,) . 1 :~:
'.1
-,-,.:::::'J
0 City Mauager's Report - ) -P'1
"J~".
(j'; '1'-
(J
--
~
RECOMMENDATION: Please place this request ou the JOlluary 18,2005 City Commissiou Ageuda uuder
Legal, Ordiuauce - Secoud Readiug. The City Commissiou with a 5-0 vote approved this request uuder Public Heariug,
Legal, Ordiuauce - First Readiug ou July 20, 2004, prior to trausmittal to the Florida Departmeut of Couuuuuity Affairs
(DCA). For further details pertaiuiug to the request, see attached Departmeut of Developrneut MernorOlldurn No. PZ 04-163.
EXPLANATION:
PROJECT:
OWNER:
DESCRIPTION:
Transportatiou Coucurreucy Exceptiou Area (TCEA) (CPT A 04-003)
City- iuitiated
Request to arneud existiug aud add uew Objectives aud Policies iu the Trausportatiou
Elerneut desiguatiug a portiou of the Couuuuuity Redeveloprneut Area as TrOllsportatiou
Coucurreucy Exceptiou Area (TCEA) to facilitate developrneut and redeveloprneut of
properties located withiu the TCEA.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Developrne epa City Mauager's Siguature
~()(- f!.--
Plauuiug aud ZOIiug Director City Attorney / FiuOllce / Huruau Resources
S:\Planning\SHARED\WP\SPECPROJ\CPTA\04-003 TCEA\Agenda Item Request Transport Concurrency TCEA CPTA 04-003 1-18-05.dot
S,IBULLET1NIFORMSIAGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING Br. ZONING DMSION
MEMORANDUM NO. PZ 04-163
TO:
Chair and Members
Community ~ex;!.?pment Agency Board
Dick HudsorJ$~r Planner
Michael W. Rumpfl{\~
Director of Planning and Zoning
June 30, 2004
FROM:
THROUGH:
DATE:
SUBJEcr:
Transportation Concurrency Exception Area (CPTA 04-00.al
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 traffic 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.
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:\PIannlng\SHARED\ WP\SPECPROJ\CPTA\04-{)03 TCEA\ST AFF REPORT CPTA.doc
Goal 2
Objective 2.1
Policy 2.1.1
Policy 2.1.2
Policy 2.1.3
City of Boyuton Beach
Comprehensive Plan
Amendments 04-2
City of Boynton Beach
Transportation Element
Goals, Objectives, and Policies
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 walking, bicycling, and transit.
The City shall continue to provide a motor vehicle transportation
network based on the following minimum level of service standards,
except within the transportation concurrency exception area (TCEA)
and designated constrained roadways at a lower level of service
(CRALLS):
.
Level of Service "D" or better and peak hour conditions on all
unspecified City and collector highway facilities.
.
Level of Service "D" for peak season peak hour conditions on all
unspecified arterial facilities.
.
Level of Service "D" for 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.
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).
The City shall coordinate with Florida Department of Transportation, the
Treasure Coast Regional Planning Council, and Palm Beach County
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).
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
2-1 Date: January 18, 2005
Transportation Element
Ordiuauce No. 04-059
Policy 2.1.4
Policy 2.1.5
Policy 2.1.6
Policy 2.1. 7
Policy 2.1.8
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 cause adopted level of service standards to
deteriorate on other roadways.
The City shall petition Palm Beach County for thc necessary exceptions to
the Palm Beach Countywide Traffic Performance 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.
The City shall continue the enforcement of the adopted County-wide
Traffic Performance Standards Ordinancc, and conformance 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.
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-I. 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-I.
Any project utilizing the TCEA and significantly impacting the Florida
Intrastate Highway System (FIBS) shall be requircd to address its impacts
on the FIHS as required by Palm Beach County. In return, the City will
actively pursue the goals, objectives, and policies contained herein to
create sustainable development patterns within the CRA supportive of
walking, bicycling, and public transit.
Beginning March I, 2006, the City shall prepare 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 Planning Director for
revIew.
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- I. No building permits shall be
issued for new development when the applicable maximum allowable
limit for that development is reached.
City ofBoyutou Beach
Comprehensive Plan
Arneudrneuts 04-2
2-2
Date: January 18, 2005
Transportation Element
Ordinance No. 04-059
TABLE TE-l
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 7,000 450 235,000 2,400,000 1,450,000
Allowable variance +/- (%) 15% 25% 10% 15% 10%
Maximum Allowable 8,050 563 258,500 2,760,000 1,595,000
Minimum Allowable 5,950 338 211,500 2,040,000 1,305,000
Allowable Vehicle Trips
Daily Traffic PM Peak Hour Traffic
Planned Land Use Net New Trips 45,976 4,510
Allowable Land Use Ratios Residential! Residential/
Office Other Non-Residential
Maximum Allowable Ratios 3.9 5.3
Minimum Allowable Ratios 2.2 3.2
Policy 2.1.9
The City shall annually monitor the intersection of Boynton 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 2.1.1 0
Beginning with the March I, 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-1.
Objective 2.2
The City shall continue to implement the future Trausportation Plan
on apriority basis aud shall coordiuate same with the City's Future
Land Use Plan, Housiug Element, and Coastal Management Element.
Measure: Development of road improvemeut 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.
City of Boyulou Beach
Comprehensive Plan
Arneudrneuls 04-2
2-3
Date: January 18, 2005
Transportation Element
Ordinauce No. 04-059
Policy 2.2.3
Policy 2.2.4
Policy 2.2.5
Policy 2.2.6
Objective 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.
The City, in coJ\iunction 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 pcdestrian, bicycle, and community transit
projects, particularly within the TCEA.
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.
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 zonc. 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 space is available for the long-term needs of the
TCEA and the County.
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.
City of Boyuton Beach
Comprehensive Plan
Arnendrneuts 04-2
2-4
Date: Jauuary 18, 2005
Transportation Element
Ordinauce No. 04-059
Policy 2.3.1
Objective 2.4
Policy 2.4.1
Policy 2.4.2
Policy 2.4.3
Policy 2.4.4
Policy 2.4.5
Policy 2.4.6
Policy 2.4.7
The City shall perform a traffic count and special traffic studies for local
streets and collector roadways on an as needed basis.
The City shall develop and maintain a safe, convenient, multi-modal
transportation system, including walking, bicycling, and public
transit, which will meet future as well as current transportation needs,
particularly within the TCEA and the CRA.
Measure: Transit ridership within the TCEA and the CRA.
Measure: Number of crashes along targeted corridors involving
automobiles, pedestrians, and bicycles.
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).
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.
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.
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.
The City shall, enforce regulations to 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).
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.
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
City of Boyuton Beach
Comprehensive Plan
Arneudrnents 04-2
2-5
Date: Jauuary 18,2005
Transportation Element
Ordiuauce No. 04-059
Policy 2.4.8
Policy 2.4.9
Policy 2.4.10
Policy 2.4.11
Policy 2.4.12
Policy 2.4.13
inventory in a geographic information system (GIS) to assist City staff
identify gaps and priorities.
The City shall request that sidewalks be installed and/or repaired as part of
any State or County roadway widening or improvement project.
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.
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 scrvice characteristics. The City and the Boynton
Beach CRA shall be responsible for funding and implementing the transit
circulator plan bascd 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 I, 2007, then
the City shall conduct a monitoring study for such implementation every
two years. This monitoring study shall be submitted to the County
Engineer and Planning Director on March I, 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.
The City shall inventory and prioritize enhancements for transportation
projects within the boundaries ofthe TCEA in the City's Five Year Capital
Improvements Program.
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
lighting; narrow travel lanes; curb extensions or bulb outs; installation of
shading street trees; bus stops and other transit enhancements; widening
sidewalks; installatiou of bicycle laues; and use of brick crosswalks.
All streets within the CRA shall, where feasible, include sidewalks on both
sides.
City of Boyntou Beach
Comprehensive Plan
Arneudrnents 04-2
2-6
Date: Jauuary 18, 2005
Transportation Element
Ordiuauce No. 04-059
Policy 2.4.14
Policy 2.4.15
Policy 2.4.16
Objective 2.5
Policy 2.5.1
Policy 2.5.2
Policy 2.5.3
Policy 2.5.4
Objective 2.6
The City shall continue to monitor the actlVtttes of the South Florida
Regional Transportation Authority (SFRTA), particularly related to the
FEC passenger service initiative and the City's support for the initiative.
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 detelmined to be
feasible in the southern portions of Palm Beach County.
The City shall create and seek opportunities for grade separated crossings
along major corridors, when feasible.
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,
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.
The City shall continue to require in the land development regulations the
provision of handicapped parking facilities when reviewing development
proposals.
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.
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.
The City shall provide for private sector responsibility to implement
project related transportation improvements, including bicycle,
City of Boyutou Beach
Comprehensive Plan
Arneudmeuts 04-2
2-7
Date: Jauuary 18,2005
Transportation Element
Ordiuance No. 04-059
Policy 2.6.1
Policy 2.6.2
Objective 2.7
Policy 2.7.1
Policy 2.7.2
Policy 2.7.3
pedestrian, and public transit infrastructure, particularly within the
TCEA.
Measure: Amonnt of private sector
transportation enhancements.
contributions toward
The City shall continuc 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.
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.
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.
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.
The City shall, if necessary, consider capacity improvements to US I 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
rcplacement with off-street parking in other areas.
Transportation Demand Management: By 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 (TMI) in downtown Boynton Beach or participate
in a county-wide TMI. The TMI will include considerations to mitigate
peak hour impacts through promotion of flexible work hours, car pooling,
ride sharing and reinforce transit use and non-automobile forms of
transportation.
City of Boyutou Beach
Comprehensive Plan
Arneudrneuts 04-2
2-8
Date: Jauuary 18,2005
Transportation Element
Ordiuauce No. 04-059
Policy 2.7.4
Policy 2.7.5
Policy 2.7.6
Objective 2.8
Policy 2.8.1
Policy 2.8.2
Policy 2.8.3
Policy 2.8.4
Objective 2.9
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).
By 2006, the City shall amend the land development regulations to include
transportation demand management requirements for major developments
within the City and particularly the TCEA. This may be accomplished
through cooperation with the TML
By 2006, the City shall develop transportation system management
strategies to more effectively manage the transportation system including,
but not limited to, parking management strategies, signal timing
coordination, and programs that increase walking and/or bicycling.
The City shall strive to reduce overall energy consumption due to
transportation via regulatory measures such as trip reduction
ordinances and incentives.
Measures: Adoption of a trip reduction and/or transportation
demand management (TDM) ordinance or establishment or
participation of a transportation management initiative (TMI)
The City shall continue to coordinate with Florida Department of
Transportation and Palm Beach County regarding computerized
signalization and optimal signal timing and progression.
The City shall continually support local promotion and coordination in
implementing Countywide ridesharing efforts.
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.
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).
The City shall continue to provide local transportation facilities that
are visually and functionally pleasing and that conform to City
guidelines.
City of Boyutou Beach
Comprehensive Plan
Arneudrnents 04-2
2-9
Date: Jauuary 18, 2005
Transportatiou Elerneut
Ordiuauce No. 04-059
Policy 2.9.1
Policy 2.9.2
Policy 2.9.3
Policy 2.9.4
Policy 2.9.5
Policy 2.9.6
Objective 2.10
Policy 2. 10.1
Policy 2.10.2
Policy 2.10.3
Measure: Increase in facilities which meet the criteria below.
The City shall continue to institute transportation facility design standards,
such as roadway signage and lighting, for the entire City or designated
subdistricts.
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.
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.
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.
The City shall continue to enforce local and state laws prohibiting
dumping or littering in public right-of-way.
The City shall implement recommendations related to the roadway
improvements and beautification as recommended pursuant to the Boynton
Beach 20/20 Redevelopment Master Plan.
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.
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.
The City shall continue to participate in the Palm Beach County Technical
Coordinating Committee.
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
City of Boynton Beach
Comprehensive Plan
Ameudrnents 04-2
2-10
Date: Jauuary 18, 2005
Transportation Element
Ordiuauce No. 04-059
Objective 2.11
Policy 2.1 1.1
Policy 2.11.2
Policy 2.11.3
Policy 2.11.4
Policy2.11.5
Policy 2.11.6
Objective 2.12
Policy 2.12.1
support and engage III cooperative funding of transportation
improvements.
The City shall continue to assist Palm Tran in providing efficient
public transit services based on existing and futnre trip generators
and attractors and also provide local public transit road and terminal
areas which are safe for transit users.
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.
The City shall continue to modify and enforce regulations to encourage the
provision of transit related shelters in major land development projects.
Reserved.
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 information.
As part of the transit study in Policy 2.4.10 and in cooperation 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-designed shelters, bicycle parking, route information, 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.
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.
Promote a pedestrian- and bicycle-friendly environment by providing
adequate facilities, such as wider sidewalks, buffers from travel lanes,
shade trees, shorter crossing distances, lighting, refuges in large
intersections, bike lanes, and bicycle parking, for pedestrians and
bicyclists.
Measure: Length of sidewalks provided, length of bicycle paths and
lanes provided, and length of multi-use paths provided in the City.
Promote a pedestrian-friendly environment on streets within the TCEA
and the CRA by providing adequate and comfortable facilities.
City of Boyutou Beach
Comprehensive PIau
Ameudments 04-2
2-11
Date: January 18, 2005
Transportation Element
Ordiuauce No. 04-059
Policy 2.12.2
Policy 2.12.3
Policy 2.12.4
Policy 2.12.5
Policy 2.12.6
Policy2.12.7
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.
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 major destinations.
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 detennine the most appropriate design to accommodate such
transportation, where appropriate.
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.
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.
Increase the number 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 ofBoyutou Beach
Compreheusive Piau
Amendments 04-2
2-12
Date: January 18,2005
Transportation Element
Ordiuance No. 04-059
TCEA Boundary Map
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City of Boyutou Beach
Comprehensive PIau
Amendmeuts 04-2
2-13
Date: January 18, 2005
Transportation Element
Ordinauce No. 04-059
I
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ORDINANCE NO. 04-05~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE
TRANSPORTATION ELEMENT OF THE
COMPREHENSIVE PLAN TO ESTABLISH A
TRANSPORTATION CONCURRENCY
EXCEPTION AREA (TCEA) IN A PORTION OF
THE CITY'S COMMUNITY REDEVELOPMENT
AREA; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
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
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WHEREAS, the establishment of a Transportation Concurrency
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Exception Area (TCEA) for a portion of the CRA will give the City and the
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Agency an essential tool to meet the goals of infill development and
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S;\CA\Ofdlnancee\Plannlng\TCEA Camp Plan Amenclment(010705 rev).doc
I
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 CommWlity 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 EXHffiIT "A" ATTACHED HERETO
Section 3.
All laws and ordinances applying to the City of Boynton
18
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 ofthis Ordinance.
S:\CA\Ordlnences\Planntng\TCEA Camp Plan Amandment(010705 rev}.doc
2
Section 5.
This Ordinance shall become effective immediately.
2 FIRST READING this ~ day of July, 2004.
3
4 SECOND, FINAL READING AND PASSAGE this _ day of
5 2(H)5.
6
7 CITY OF BOYNTON BEACH, FLORIDA
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10 1fayor
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13 Vice 1fayor
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16 Commissioner
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19 Commissioner
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22 Commissioner
23 ATTEST:
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26 City Clerk
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S;ICAIOrOlnancoslPlann1nglTCEA Camp Plan Amendmont(010705 rev).doc
3
Goal 2
Objective 2.1
Policy 2.1.1
Policy 2.1.2
City of Boynton Beach
Transportation Element
Goals, Objectives, and Policies
To develop and maintain a transportation system which will serve the
transportation needs of ail sectors of the City of Boynton Beach in a safe,
efficient, cost effective, and aesthetically pleasing manner. th!J..t..w..Qm9.t~
multi-modal transportation ootions. such as walking. bicycling. and transit.
The City sball continue to provide a motor veblcle transportation
network based on tbe following minimum level of service standards.
exceot within the transoortation concurrencv exception area (TCEA)
and desilmated constraIned roadwavs at a lower level of service
(CRALLS):
. Level of Service "(;D" or better Huder dally and peak hour
conditions on all unspecified City and collector blghway facilltles.
. Level of Service !'C" fer a'Yefage dllily and I,evel of Ser'Yfee "D"
for tIailf-peak season and year rOllnd peak hour conditions on all
_!!!!specified arterial ladlities.
. Level of Service "D" for year rOllod daily and peak hour
conditions on Seaerest Boaltward soath of SE 13rd Nienoc, US I
between Borntoo Beach 800leyard aod Woolbright Road,l-95
through tbe 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 Beacb Boulevard east ofl-95.
o LlWel of Ser",iee "MaiRtaiu"-1 95 from80YRtou Beaeh .Rttulevard-te
Woolbright Read, BeYRtoR Beaeh BeHle"/ard from Old Boyuteu
Road to I 95,-{;&Rgress .~"veRlle from Bo)'otoll Ik'tleh Beole\'ud to
die seoth City limits aud HYI'olaxo Read east af I 95.
The City shall ensure, through the implementation of the adopted
Concurrency Management Ordinance, that development orders shall only
be approved concurrent with provisions of plIhlie--adeQuate motor vehicle
transportation facilities needed to maintain the minimum level of service
adopted by the City. exceot oroiects located within the transportation
concurren_~xce.pli9.n ar~J!..CrCr<A.l.
The City shall coordinate with Florida Department of Transportation, the
Treasure Coast Regional Planning Council, and Palm Beach County
regarding the designation of "Special Transportation Areas" for those
roads with operational standards less than Level of Service "D." including
Transoortation Concurrency Exceotion 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
reqnirements 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. exeept within
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 Performance 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 Performance Standards Ordinance, and conformance 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 Bovnton Beach Community
Redevelopment Area (CRA) as shown in Exhibit TE-1. 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-1.
Anv proiect utilizing the TCEA and significantlv impacting the Florida
Intrastate Highway System (FillS) shall be reQuired to address its impacts
on the FIRS as reauired bv Palm Beach County. In return. the City will
activelv pursue the goals. obiectives. and policies contained herein to
create sustainable development patterns within the CRA sUlYPortive of
walking. bicvcling. and t;lublic transit.
Policy 2. I, 7
Beginning Marcb I. 2006. tbe City shall prepare an annual monitoring
reoort 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 rCj)ort to the Palm Beach County Planning Director for
review.
Policv 2.1.8
Development apDfovals utilizing the TCEA shall remain at or below the
maximllln allowable limits for units. square footage. total daily trips and
total p,m, peak hour trips set by Table TE-I. No building permits shall be
issued for new develooment when the aoolicable maximum allowable
limit for that development is reached.
TABLE TE.I
BOYNTONBEACHCRA-TCEA
PLANNED DEVELOPMENT THRESHOLDS
Allowable Land U.e Inteultl.. Re.ldentloV Other
Rental Hotel Indu.trlal om.. Non-
UnltJ UnltJ re.ldentlal
Planned lAnd Use Totals 7,000 450 235,000 2,400,000 1,450,000
IAllowable variance +/- (%) 15% 25% 10010 15% 10%
Maximum Allowable 8,050 563 258,500 2,760,000 1,595,000
Minimum Allowable 5,950 338 211,500 2,040,000 1,305,000
Allowable Vehl.le Tripe
Dailv Traffic PM Peak Hour Traffic
I Planned lAnd Use Net New TrlDs 45,976 4,510
Allowable Lond Ule Ratio. Reoideutiall Residentiall
Office Other Non-Resideutial
iMaxlmum Allowable Ratios 3.9 S.3
Minimum Allowable Ratios 2.2 3.2
Policy 2.1.9
The City shall annually monitor the intersection of Bovnton Beach
Boulevard and U.S. I (Federal Hilmway). and coordinate with FDOT and
Palm Beach County to imorove this intersection when necessary. and if
feasible.
Policy 2. J.J 0
Belrinning with the March 1. 2007 annual reoort. and at the end of each
reoorting oeriod thereafter. the cumulative ratio of aDDroved residential
units to 1.000 square feet aooroved office and other non-residential uses
shall remain between the maximum and minimum allowable ratios
identified in Table TE-I.
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, Housinl!Element. and Coastal Manal!ement 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 term (2005), mid-term (2010), and long term (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
Policy 2.2.3
Policy 2.2.4
Policy 2.2.5
POJi9Y 2.2.6
Objective 2.3
programmed road improvements as identified in the City's Transportation
Element.
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.
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
improvementsjncluding pedestrian. bicycle. and community- transit
oroiects. particularlY within the TCEA.
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 oolicies under Obiectives 6.1. 6.3 and 6.6 of the
Housing Element of the Comprehensiye Plan to nrovide other orogramS
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 occunancv by these households. with pricing consistent
with SHIP guidelines. and rent leyels consistent with affordable effort
ratios. The City will begin the annual monitoring of the affordability of
housing within the TCEA by January 2006.
The City shall annually demonstrate hurricane shelter soace availabilitv for
at least 20% of the nooulation increase within the TCEA associated with
hoteVmotel and residential develooments within the hurricane
vulnerability zone. In the event the City is unable to satisfactorily
demonstrate hurricane shelter space availability. the Citv shall coordinate
with Palm Beach County Emergency Management and the Red Cross to
orovide adCQuate hurricane shelter soace within a timely manner. The City
shall also oarticioate in a long-term. Countywide. comorehensive shelter
orogram coordinated with public, private. non-profit organizations to
ensure adCQuate shelter soace is available for the long-tenn needs of the
TCEA and the County.
Within three years of Plan adoption, neighborhood circulation
patterns shaD 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
Objective 2.4
Policy 2.4.1
Policy 2.4.2
Policy 2.4.3
Policy 2.4.4
Policy 2.4.5
Policy 2.4.6
Policy 2.4.7
The City shall perfonn a traffic count and special traffic studies for local
streets and collector roadways on an as needed basis.
The City shall develop and maintain a safe, convenlen4-ilM MellY
elJieieBt multi-modal transportation system. includlnl! walklnl!.
blcvclinl!. and public transit. which will meet future as well as current
transportation needs. particularlv within the TCEA and the CRA.
Measure: NHRlller of SOY ayte trips eOBnrted to traBslt trips as
estimated lIy-.-peok--II&IH'--load...faeteF.--. Transit ridership within the
TCEA and the CRA.
Measure: Number of crashes along targeted corridors Involving
automobiles, pedestrians, and bicycles.
The City's engineering and police department shall continue to investigate
local high crash locations to identif'y potential methods of minimizing or
eliminating future problems (through Palm Beach County's Community
Traffic Safety Team).
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.
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.
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.
The City shall;.by-tb.e-yeaf.~~oo4ify-ai1tl enforce regulations to 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 ofUnifonn Traffic Control Devices).
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.
By January 2007. the City shall complete an inventory of existing sidewalks
on aU arterial. collector and local streets within the CRA and place such an
Policv 2.4.8
Policv 2.4.9
Policv 2.4.10
Policv 2.4.11
Policy 2.4.12
Policy 2.4.13
Policv 2.4.14
inventorv in a geographic information svstem (GIS) to assist Citv statT
identifv gaps and priorities.
The City shall regill?st that_sidewalks be installed and/or repaired as pal1 of
anv State or County roadwav widening or improvement proiect.
The City shall work with the FDOT and Palm Beach COWlty to provide
traffic control and design features to enhance pedestrian activity alonRl!!!
State and County facilities within the deshmated TCEA.
The City acknowledges that in order to provide traffic circulation and
transoortation infrastructure consistent with the reauirements of the
TCEA. it will be necessary to augment the existing local transit circulator
system, Bv January I. 200S. the City shall undertake a detailed transit
study to develop a local transit circulator olan (complementing or
augmenting the County's public transit service) for the TCEA includin\(
soecific route alignments. infrastructure needs. headwavs. hours of
ooeration. and other service characteristics. The Citv and the Bovnton
Beach CRA shall be responsible for fimding and imolementing the transit
circulator Dlan based on the recommendations and conclusions of the
studv. If the detailed transit studv indicates that redevelooment proiects
within the TCEA have not orolp"essed enough for the necessitv of
imolementing the transit circulator plan on or before January I. 2007. then
the Citv shall conduct a monitoring studv for such implementation every
two years. This monitoring studv shall be submitted to the County
Engineer and Planning Director on March I. 2007. and everv second vear
thereafter until the Citv implements the circulator olano The County must
review and approve any such monitoring study that would otherwise allow
additional delav in implementing the transit circulator plan.
The City shall inventorv and orioritize enhancements for transoOltation
Droiec.ts within the boundaries of the TCEA in. the Citv's Five.Y ear Capital
Improvements Program.
Th.e City shall promote a variety of transportation choices within the
Communitv Redevelopment Area (CRA) by _!1!!Imorting the following
desilm features for streets within the TCEA bowularies: low SJleed turning
radii: new continuous and permanent on-street parking: pedestrian:scaled
lighting: narrow travel lanes: curb extensions or bulb outs: installation of
shading street Jrees: bus stops and other transit enhanpements: widening
sidewalks: installation ofbicvcle lanes; and use of brick crosswalks.
All streets within the CRA shall. where feasible. include sidewalks on both
sides.
The City shall continue to monitor the activities of the South Florida
Regional Transportation Authority (SFRTAl. particularly relatcd to the
FEC passenger servi,:e initiative and the City's su.ImQrLfor the initiativs:"
Policy 2.4.15
Policy 2.4.16
Objective 2.5
Policy 2.5.1
Policy 2.5.2
Policy 2.5.3
Policy 2.5.4
Objective 2.6
The City shall illV!<sthzate the opportunity for expanding the Palm Beach
water taxi service to include stops in Bomton Beach. The City shall apply
for capital fundin.&- available through the Metropolitan PlmmiQg
Onlanization for water taxi stops when the service is determined to be
feasible in the southern oortions of Palm Beach County.
The City shall create llI]d seek opportunities for grade separated crossings
along major corridors. when feasible.
Explore all legally defensible alternatives for protection of public
right of-way wben reviewing development proposals, provide for tbe
proteetion of existing and future rigbt-of-way from building
encroacbment. Provide for minimal negative impacts associated with
driveway locations, and provide for safe and efficient on-site traffic
circulation and parking, including provisions for sbared driveways,
sbared parking, and bandicapped users.
Measure: Number of development projects permitted subsequent to
performance review.
The City shall continue to support State and/or County requirements, or
more restrictive local criteria, for minimwn access point spacing, cross
access easements or other access controls associated with engineering and
development review procedures.
The City shall continue to require in the land development regulations the
provision of handicapped parking facilities when reviewing development
proposals.
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.
The City shall review and modity regulations to provide safe and efficient
onsite circulation and parking for all vehicles if subsequent analysis
determines that on-site design produces unsafe conditions.
The City sball 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
contributions toward transportation enhancements.
impr9"femcRts I
Policy 2.6.1
Policy 2.6.2
Objective 2.7
Policy 2.7.1
Policy 2.7.2
Policy 2.7.3
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.
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.
In order to maximize highway system performance, the City shall
support alternative Transportation Demand Management strategies
wherever feaslbie In lieu of, or in conjunction with, more expensive
supply ride capital improvements.
Measure:. Number of local Transportation Demand Management
improvements.
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.
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.
Transportation Demand Management: The City shall sll:!lf'la!'t the COllllty
M.!tl.Cjlalitan Pl!IIlfIiag OfglHlizatiaa's estaIJlishmElat af a Tl'IIHsf'lartatiaa
DemtlliE! MlIflageHlent flregmre lly 2Q03 as IlM af a eaageotiea a','eiallflee
Mfategy to realiee the Hllmher of siagle eeel:lpBBt .,ehieles 81:1:fiRg flealc
tfliffie Ilefleao, either lly triJ! reaootioas er lly aeeommeaatiag eldotiag
trillS ill fewer '/ehieles (e.g. trif'l relilletioa oFElialUlee). af BY _viag seHle
milS llefore af lifter the Hlast eaagestea lleFiaao. Bv January 2006. the Citv
will submit a request to the Florida Department of Transportation (FDOT)
Office of Modal Development for the creation of a transportation
mana!!:ement initiative (TMn in downtown Bovnton Beach or participate
in a county-wide TMI. The TMI will include considerations to miti!!:ate
peak hour impacts throu!!:h promotion of flexible work hours. car poolin!!:.
ride sharing and reinforce transit use and non-automobile forms of
transportation.
Policy 2.7.4
Policy 2.7.5
Policy 2.7.6
Objective 2.8
Policy 2.8.1
Policy 2.8.2
Policy 2.8.3
Policy 2.8.4
Objective 2.9
The City shall promote Transportation Demand Management strategies
such as car pooling, transit, and parking priorities to alleviate peak hour
andlor peak season traffic congestion through public/private partnerships
(e.g. Transportation Management Associations andlor Parking
Management Associations).
Bv 2006. the City shall amend the land development regulations to include
transoortation demand manal!ement requirements for maior develooments
within the City and oarticularlv the TCEA. This may be accomolished
through cooperation with the TMI.
Bv 2006. the City shall develop transportation system manal!ement
stratellies to more effectively manal!e the transoortation sYStem including.
but not limited to. oarkin~ manal!ement stratellies. signal timing
coordination. and programs that increase walkinl! andlor bicvclinl!.
The City shall strive to reduce overall energy consumption due to
transportation via regulatory measures such as trip reduction
ordinances and Incentives.
Measures: DeeFeate-ift---.ftYef&ge'--YeJHe.le delft:)' oR~-it)'-"-roBdWllYSl
Increase in auto OeeUpftBc:)' or en pool users. AdoDtlon of a trio
reduction andlor transDortation demand manal!:ement (TDM)
ordinance or establishment or DarticiDation of a transDortation
manal!ement initiative (TMl)
The City shall continue to coordinate with Florida Department of
Transportation and Palm Beach County regarding computerized
signalization and optimal signal timing and progression.
The City shall continually support local promotion and coordination in
implementing Countywide ridesharing efforts.
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
andlor expansion of the Tri-Rail to Florida East Coast Railroad upon
feasibility of such.
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).
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
Policy 2.9.2
Policy 2.9.3
Policy 2.9.4
Policy 2.9.5
Policy 2.9.6
Objective 2.10
Policy 2.10.1
Policy 2.10.2
Policy 2.10.3
The City shall continue to institute transportation facility design standards,
such as roadway signage and lighting, for the entire City or designated
subdistricts.
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.
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.
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.
The City shall continue to enforce local and state laws prohibiting
dumping or littering in public right-of-way.
The City shall implement recommendations related to the roadway
improvements and beautification as recommended pursuant to the Boynton
Beach 20/20 Redevelopment Master Plan.
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.
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.
The City shall continue to participate in the Palm Beach County Technical
Coordinating Committee.
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
Policy 2.11.1
Policy 2.11.2
Policy 2.11.3
Policy 2.11.4
Policy 2.11.5
Policy 2.11.6
Objective 2.12
Policy 2.12.1
Policy 2.] 2.2
The City shall continue to assist Palm Tran In providing efficient RlflSS
pnbIlc transit services based on existing and fnture trip generators
and aUranors and also provide local RlflSS pubIlc transit road and
terminal areas which are safe for transit users.
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.
The City shall continue to modify and enforce regulations to encourage the
provision of transit related shelters in major land development projects.
Reserved.
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 information.
As oart of the transit study in Policy 2.4.1 0 and in cooperation with Palm
Tran. the City shall evaluate transit service within the CRA boundaries and
identify needs for route reali=ents and/or bus stot' imorovements such
as well-desilmed shelters. bicycle oarking. route information. benches.
waste receotacles. pedestrian access to stoos/shelters or the need for new
bus stoos. 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.
Increase the City's public transit mode split for work trios to four percent
as an effort to reduce motor vehicle use and traffic congestion. Based
upon the 2000 Census. the public transtlortation mode split was 1.53
oercent of all work trios by Bovnton Beach residents.
Promote a pedestrian- and bicvcle-friendlv environment bv providine
adeouate facUlties. such as wider sidewalks. buffers from travel lanes.
shade trees. shorter crossin!! distances. lI!!htin!!. refu!!:es In lare:e
intersections. bike lanes. and blcvcle parkin!!:. for pedestrians and
blcvcllsts.
Measure: Lenlrth of sidewalks provided. len!!:th of blcvcle Daths and
lanes provided. and lenlrth of multi-use paths provided in the City.
Promote a pedestrian-friendly env:ironment on streets within the TCEA
and the eRA bv providing adequate and comfortable facilities.
By January 2007. the City shall complete an inventory of existing bicycle
facilities within the City and place such an inventorv in a_ geograohic.
information system (GIS I to assist Citv staff identifv gaps and priorities.
Policy 2.12.3
Policy 2.12.4
Policy 2.12.5
Policy 2.12.6
Policy 2.12.7
By January 2005. the City will complete a citywide bicycle facilities study
for llroyiding an interconnected bicycle sYStem with the City that connects
local residents and yisitors to the area with maior destinations.
By January 2007. the City shall identify all street segments within the
TCEA and the eRA tbat are not currently designated with in-street bicycle
facilities and detennine the most appropriate design to accommodate such
transportation, where appropriate.
By January 2007. the City shall conduct an inyentory of the existing maior
street network within tbe TCEA and the CRA to identify bazards and
barriers to bicyclists and prenare a plan for remoying or mitilill!.!!J&-.such
impediments.
Tbe City shall provide routine maintenance prolP"ams for all designated
bicycle and pedestrian facilities within the TCEA. Maintenance shall
include. but not limited to. swe<wing of bicycle lanes. and filling potholes.
Increase the number of work trips by bicycle within tbe City by one
percent by 2010. Based uJlon the 2000 Census. work trips by bicycle
accounted for 0.45 percent of all trips by Bovnton Beach residents.
Figure 2
Proposed TCEA Boundary
Source: GIS information provided by
the CIty of Boynton Beach
w4E
S
o 0.1 0.2 0.:)
Miles
Legend
CJ Proposed TCEA Boundary
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044349005 Janu8.1Y 2005
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FOklVI
XII. - LEGAL
ITEM A.S
Requested City Commission Date Final Form Must be Turned Requested City Commission
MeetinlZDates in to City Clerk's Office Meetine Dates
0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005
I:8J January 4. 2005 December 20, 2004 (Noon) 0 March 1, 2005
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005
Date Final Form Must be Turned
in to Citv Clerk's Office
January 17, 2005 (Noon)
January 31,2005 (Noon)
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February 14, 2005 (Noon)
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0 Administrative 0
NATURE OF 0 Couseut Ageuda 0
AGENDA ITEM I:8J Public Heariug 0
0 Bids 0
0 Announcement 0
0 City Mauager's Report
February 28, 2005 (NoOO:O
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Developmeut Plaus
New Business
Legal
Uufiuished Busiuess
Presentation
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RECOMMENDATION: Please place this request ou the Jauuary 4,2005 City Commissiou Ageuda uuder Public
Heariug. Staff recouuueuds that the petitiou for the passiug of au ordiuauce to establish the Mouterey/Cougress Couuuuuity
Developmeut District be approved.
EXPLANATION: The subj ect petitiou requests establishmeut of a Couuuunity Developmeut District (CD D)
for the "Mouterey Developmeut", a resideutial project approved for 300 townhomes ou a parce110cated ou Cougress A veuue,
uorth ofL.W.D.D. Caual L-30. A CDD is au iudepeudeut district authorized by Chapter 190, Florida Statutes, for the purpose
of plauuing, coustructiug, acquiriug, operatiug aud maiutaiuiug infrastructure iu large plauued couuuuuity developmeuts. The
proposed District will fiuauce draiuage aud potable water supply aud sauitary sewer systems as well as wetlauds mitigatiou
and offsite improvements which include turn lanes and placement of certain utilities. The District will operate and maintain
draiuage system for the developmeut; potable water aud sauitary sewer systems will be operated aud maiutaiued by the City.
PROJECT:
AGENT:
OWNER:
LOCATION:
Mouterey/Cougress Couuuuuity Developmeut District
Peter L. Piroeutel
Westbrooke Homes
East side ofCougress Aveuue, uorth of the L.W.D.D. Caua1 L-30
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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Develo eut Dep rtmeut Dire tor
cJ~k
launiug aud Zlf?ng Director
Resources
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G:\CDD\Agenda Item Request Monterey CDD Public Hearing.dot
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13 City
ORDINANCE NO. 05- 001
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ESTABLISHING THE
MONTEREY/CONGRESS COMMUNITY
DEVELOPMENT DISTRICT; ESTABLISHING THE
BOUNDARIES OF THAT DISTRICT; APPOINTING
THE INITIAL BOARD OF SUPERVISORS;
PROVIDING FOR POWERS OF THE BOARD;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, on July 29, 2004, Westbrooke Homes submitted a petition to the
for the creation of a community development district to be known as the
14 Monterey/Congress Community Development District ("District"), in accordance with
15 Section 190.005(2), Florida Statutes; and
16 WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part
17 hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and
18 WHEREAS, a public hearing on the petition was conducted by the City
19 Commission on January 4, 2005, at City Hall in accordance with the requirements of
20 Sections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and
21 WHEREAS, the City Commission has reviewed the six (6) factors set forth in
22 Section 190.005(l)(e) and the record of the public hearing held on January 4, 2005, in
23 making its determination as to whether to grant or deny the establishment of the
24 Monterey/Congress Community Development District; and
25 WHEREAS, the City Commission has determined that:
26
1.
That all statements contained within the Petition have been found to be
27 true and correct.
S:\CA\Ordinances\Planning\CDD Monterey-Congress.doc
Page 1 of 4
1
2.
That the creation of the District is not inconsistent with any applicable
2 element or portion of the State Comprehensive Plan or of the effective local government
3 comprehensive plan.
4
3.
That the land within the proposed District is of sufficient size, sufficiently
5 compact and sufficiently contiguous to be developable as one functional interrelated
6 community.
7
4.
That the creation of the District is the best alternative available for
8 delivering the community development services and facilities to the lands within the
9 District boundaries.
10
5.
That the proposed services and facilities to be provided by the District are
11 not incompatible with the capacity and uses of existing local and regional community
12 services and facilities.
13
6.
That the area identified in the Petition is amenable to be included in the
14 proposed District; and
15 WHEREAS, the City Commission has determined that the creation of the
16 Monterey/Congress Community Deve]opment District would be consistent with the
17 criteria for community development districts as set forth in the Uniform Community
18 Deve]opment District Act of ] 980,Chapter ]90, Florida Statutes;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
Each Whereas clause set forth above is true and correct and herein
22 incorporated by this reference.
S:\CA\Ordinances\Planning\CDD Monterey-Congress.doc
Page 2 of 4
1
Section 2.
In accordance with the provisions of Chapter 190, Florida Statutes,
2 the City Commission of the City of Boynton Beach, Florida hereby establishes a
3 community development district as follows:
4
CREATION AND NAME: There is hereby created a Community Development
5 District to be known as MONTEREY/CONGRESS COMMUNTY DEVELOPMENT
6 DISTRICT.
7 LEGAL DESCRIPTION: The legal description for the Community Development
8 District is attached hereto and incorporated herein by reference in attachment 2 to the
9 Petition which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting
10 the land area to be serviced by the District is attached to this Ordinance as Exhibit "B"
11 and incorporated herein by reference.
12 BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows.
13 Their terms, powers and duties are as described in Chapter 190, Florida Statues:
14
(a) Harold Eisneacher
(b) David Webber
(c) Russell Barnes
(d) Michael DeBock
(e) Claudia Feldman
15
16
17
18
19
Section 3.
The Board of Supervisors shall have only such powers as set forth
20 in Florida Statutes 190.011 and 190.012.
21
Section 4.
That any individuals who purchase property in the District should
22 be advised of the existence of the District, as well as the costs associated with owning
23 property within the District.
S:\CA\Ordinances\Planning\CDD Monterey-Congress.doc
Page 3 of 4
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Section 5.
That all ordinances or parts of ordinances in conflict herewith be
2 and the same are hereby repealed.
3
Section 6.
Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder ofthis ordinance.
6
Section 7.
Authority is hereby granted to codify said ordinance.
7
Section 8.
This ordinance shall become effective immediately upon passage.
8
FIRST READING this _ day of
,2005.
9
SECOND READING and FINAL PASSAGE this
day of
10
,2005.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30
31 City Clerk
32
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\CDD Monterey.Congress.doc
Page 4 of 4
BEFORE THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA
IN RE:
AN ORDINANCE TO ESTABLISH
THE MONTEREY/CONGRESS COMMUNITY
DEVELOPMENT DISTRICT
)
)
)
PETITION
WESTBROOKE HOMES, A Florida general partnership (the "Petitioner"), hereby
petitions the City Commission of the City of Boynlon Beach, Florida, pursuant to the "Uniform
Community Development District Act of 1980," Chapter 190, Florida Statutes, as amended and
supplemented (herein, the "Act). Specifically this Petition is made pursuant to Section
190.005(2) of the Act, to establish a community development district with respect to the lands
described herein. In support of the Petition, Petitioner states:
1. The proposed District (as defined below) is located within the incorporated area
of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed
District. The proposed District covers approximately 31.5 +/- acres of land. The real property
within the boundary of the proposed District is a parcel of land located on Congress Avenue
North of Summit Boulevard. The metes and bounds description of the external boundaries of
the District is set forth on Exhibit 2.
2. Attached to this Petition as Exhibit 3 and made a part hereof is the written
consent to the establishment of the District of the owner of 100% of the real property to be
included in the District.
3. The five persons designated to serve as initial members of the Board of
Supervisors of the proposed District are as follows:
Name
Harold Eisenacher
David Webber
Russell Barnes
Michael DeBock
Claudia Feldman
4. The proposed name of the District to be established is the Monterey/Congress
Community Development District ("the Districf).
5. There are no existing major trunk water mains, sewer interceptors and outfalls.
6. The proposed timetable for the construction of District services is shown on
Exhibit 4, as well as the estimated cost of constructing the services. This is a good faith
estimate but is not binding on the Petitioner and the District and is subject to change.
7. The future general distribution, location and extent of public and private uses
within the District are limited to residential sites and open space. The proposed uses are
consistent with the future land use plan element of the Comprehensive Plan of the City of
WPB-fS1\SANFORDS\502177v02\6128104\99903.426594
€f.N 1611 '-\ fi II
Boynton Beach, Florida (the .City"). The future land use map is shown on Exhibit 5. The land
within the proposed District is zoned for high density residential use. It is further anticipated that
the subject lands will be permitted to be developed for approximately 300 townhomes ranging in
approximate square footage of 1,131 to 1,536 with prices ranging from $180,000 to $225,000.
The Petitioner intends that the District will finance (i) surface water management and control
systems, (ii) water distribution and wastewater collection and transmission facilities, (iii)
wetlands mitigation, (iv) offsite turn lanes, (vi) offsite placement of certain utilities, and (v)
related incidental costs which may include the acquisition of real property (collectively, the
.Public Infrastructure"). Upon completion by the Petitioner of the water distribution and
wastewater collection and transmission facilities and acquisition by the District, such facilities
will be dedicated to the City to be connected to the City's existing water and wastewater lines.
8. Exhibit 6 is a statement of estimated regulatory costs prepared in accordance
with the requirements of Section 120.541, Florida Statutes.
9. Petitioner hereby requests that the proposed District be granted the right to
exercise all powers provided for in Section 190.012(1), Florida Statutes and the additional
powers listed in Section 190.012(2)(a) and (d).
10. The Petitioner is Westbrooke Homes, a Florida general partnership. The
Petitioner is acting on behalf of itself as a landowner, which owns 100 percent of the real
property to be included in the proposed District. Petitioner will develop the land within the
District, including the construction of the Public Infrastructure, which will be acquired by the
District. It is contemplated that the vertical improvements on the developed lots will be
constructed by the Petitioner and possibly other builders. Copies of all correspondence and
official notices should also be sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, PA,
777 South Flagler Drive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945.
11. The property within the proposed District is amenable to operating as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City's
Comprehensive Land Use Plan, as amended.
(b) The area of land within the proposed District is of sufficient size and is sufficiently
compact and contiguous to be developed as one functional interrelated community.
(c) The community development services of the District will be compatible with the
capacity and use of existing local and regional community development services and facilities.
(d) The proposed District will be the best alternative available for delivering
community development services to the area to be served because (i) the District provides a
governmental entity for delivering those services and facilities in a manner that does not
financially impact persons residing outside the District, (ii) the Act authorizes a community
development district to acquire infrastructure improvements previously constructed by the
Petitioner or allows for a community development district to, in the first instance, construct such
infrastructure improvements, (iii) the timing for the creation of the proposed District and the
issuance of special assessment bonds is compatible with the timing for the construction and
acquisition of such infrastructure improvements which will result in direct benefit to the
landowners and their assigns within the District, (iv) establishment of a community development
WPB-FS1\$ANFORD$\502177v04\7121/04\25443.010900
2
district in conjunction with a comprehensive planned community, as proposed, allows for a more
efficient use of resources as well as providing the opportunity for new growth to pay for itself,
and (v) establishment of the District will provide a perpetual entity capable of making reasonable
provisions for the operation and maintenance of many of the District services and facilities.
12. The Petitioner undertakes on behalf of the District that the District will provide full
disclosure of information relating to the public financing and maintenance of improvements to
real property to be undertaken by the District as required by Section 190.009 and Section
190.048, Florida Statutes of the Act, as amended.
[Remainder of page intentionally left blank]
WPB-FS1\SANFORDS\502177V04\7f21104\25443.010900
3
WHEREFORE, Petitioner respectfully requests the City Commission of Boynton Beach,
Florida to:
Hold a public hearing as required by Section 190.005(1)(d), Florida Statutes to consider
the establishment of the Monterey/Congress Community Development District; and
Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and
establishing the Monterey/Congress Community Development District.
Respectfully submitted this .Jqi/\ day of July, 2004.
WESTBROOKE HOMES, a Florida general
partnership, as Petitioner
By: WESTBROOKE COMPANIES, INC., a
Delaware corporation and general partner
By: dltJw~
Name: David Webber
Title: Vice President
Wpa...fS1\SANF0RDSl5021n~\7121104\25443.010900
4
LAND DESCRIPTION
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
CITY OF BOYNTON BEACH
PALM BEACI-I COUNTY, FLORIDA
Being a parcel of land in a portion of the southwest one-quarter (sw 1/4) of section 5,
township 46 south, range 43 east, Palm Beach County, Florida, being more particularly
described as follows:
Commencing at the southwest comer of said section 5;
THENCE run north (the west line of section 5 is assumed to bear north-south and all
other bearings are relative thereto) along the west line of said section 5, a distance of
110.00 feet to a point;
THENCE run south 890 48 minutes 45 seconds east, a distance of 53.00 feet to a point
on the east right-of-way line of congress avenue and the point of beginning of the herein
described parcel;
THENCE continue on the preceding described course, a distance of 1460.21 feet to a
point in the westerly right-of way line of the seaboard coast line railroad;
THENCE run north 18021 minutes 59 seconds east, along westerly right-of-way line, a
distance of 607.01 feet;
THENCE north 890 58 minutes 02 seconds west, a distance of 891.35 feet;
THENCE north 000 01 minutes 58 seconds east, a distance of 390.75 feet;
THENCE north 48035 minutes 55 seconds west, a distance of 407.05 feet;
THENCE north, a distance of 232.00 feet;
THENCE west, a distance of 455.00 feet, more or less, to the said easterly right-of-way
line of congress avenue;
THENCE south along said right-of-way line; a distance of 1463.76 feet to the point of
beginning. Said parcel subject to the following:
LESS AND EXCEPT:
The north 21.34' of the 131.34 right-of-way for lake worth drainage district lateral canal
1-30 as described in chancery case #407, as recorded in official records book 6495, at
page 761, and the official records book 6495, at page 1165, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A right-of~way over the westerly 80 feet of the easterly 190 feet (as measured at right
angles to) thereof for the Lake Worth Drainage District Canal No. e- 3-1/2, as recorded in
official records book 1803, at page 254, of the public records of Palm Beach County,
Florida.
Further less and except right~of-way for congress avenue conveyed to palm beach county
by deed filed in official records book 5430, at page 1725. and as described in order of
taking filed in official records book 7322, at page 262, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A parcel of land lying in section 5, township 46 south, range 43 east, Palm Beach County,
Florida, said land being more particularly described as follows:
Commencing at the southwest comer of said section 5;
THENCE with a bearing of nOOoOO'OO"e along the west line of said section 5, for a
distance of 110.00 feet to a point;
THENCE with a bearing of s89048'45"e along a line lying 110.00 feet north of and
parallel to the south line of said section 5, for a distance of 1397.43 feet to a point;
THENCE with a bearing of n1802l '59"e, along the east line of 80 foot right~of~way for
Lake Worth Drainage District Canal No. e-3 1/2 os recorded in official records book
1803, page 254 of the public records of Palm Beach County, Florida and also the west
line of 110 foot Florida Power and Light Company easement as recorded in official
records book 602, page 623 of the public records of Palm Beach County, Florida, for a
distance of 158.79 feet to the point of beginning:
THENCE continue with a bearing of nI8021'59'e, along the east line of said 80 foot right-
of-way for Lake Worth Drainage District. Canal No. e-3 1/2 and also the west line of said
110 foot Florida Power and Light company easement, for a distance of 26.53 foot to a
point;
THENCE with a bearing of s63028'06'e, for ,a distance of 32.44 feet to a point;
THENCE with a bearing of sI2034"28"w, for a distance of9.58 feet to a point;
THENCE with a bearing of s87049'54"w, for a distance of 35.32 feet more or lees, to the
point of beginning.
Containing 590 square feet (0.014 acres, more or less. and subject to easements,
reservations. restrictions and right-of-way of record.
Said lands lying in the city of Boynton Beach. Palm Beach County. Florida and
containing 1.370,970 square feet (31.473 acres) more or less.
EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
On this,g'{llt day of July, 2004, personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgments, David Webber, who, after being duly sworn,
deposes and says:
1. Affiant, David Webber, an individual, is a Vice President of Westbrooke
Companies, Inc., a Delaware corporation (the "Company").
2. The Company is the general partner of Westbrooke Homes, a Florida general
partnership (herein,. the "General Partnership").
3. The General Partnership is the owner of the following described property, to
wit:
4.
See Exhibit "A" attached hereto (the "Property").
Affiant, David Webber, hereby represents that he has full authority to execute
all documents and instruments on behalf of the General Partnership,
including the Petition before the City Commission of the City of Boynton
Beach, Florida, to enact an ordinance to establish the Monterey/Congress
Community Development District (the "Proposed CDD").
The Property represents all of the real property to be included in the
Proposed CDD.
Affiant, David Webber, on behalf of the General Partnership, as the sole
owner of the Property in the capacity described above, hereby consents to
the establishment of the Proposed CDD.
FURTHER, AFFIANT SAYETH NOT.
5.
6.
~~~
David Webber
Subscribed and sworn to before rne this ;;rj~ day of July, 2004, by David Webber, a
Vice President of Westbrooke Companies, Inc., a Delaware corporation, the general partner oJ
. Westbrooke Homes, a Florida general partnership, who personally appeared before me, Ill'1s
personally known to me or 0 produced as identification.
(NOTARIAlSEAlI t:.;:.'(;.~A~
Notary Public, State of Florida
My Commission Expires:
5/........ MoriIyn M.--..
. . MY~D0213071
'l'..~ _.Mo 21, 2007
WPB-FS1\$ANFORDS\502177v04\7121J04\25443.010900
EXHIBIT" A"
LAND DESCRIPTION
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
Being a parcel of land in a portion of the southwest one-quarter (sw 1/4) of section 5,
townslrip 46 south, range 43 east, Palm Beach County, Florida, being more particularly
described as follows:
Commencing at the southwest comer of said section 5;
THENCE run north (the west line of section 5 is assumed to bear north-south and all
other bearings are relative thereto) along the west line of said section 5, a distance of
11 0.00 feet to a point;
THENCE run south 890 48 minutes 45 seconds east, a distance of 53.00 feet to a point
on the east right-of-way line of congress avenue and the point of beginning of the herein
described parcel;
THENCE continue on the preceding described course, a distance of 1460.21 feet to a
point in the westerly right-of way line of the seaboard coast line railroad;
THENCE run north 18021 minutes 59 seconds east, along westerly right-of-way line, a
distance of 607.0 I feet;
THENCE north 890 58 minutes 02 seconds west, a distance of 891.35 feet;
THENCE north 000 01 minutes 58 seconds east, a distance of 390.75 feet;
THENCE north 480 35 minutes 55 seconds west, a distance of 407.05 feet;
THENCE north, a distance of232.00 feet;
THENCE west, a distance of 455.00 feet, more or less, to the said easterly right-of-way
line of congress avenue;
THENCE south along said right-of-way line; a distance of 1463.76 feet to the point of
beginning. Said parcel subject to the following:
LESS AND EXCEPT:
The north 21.34' of the 131.34 right-of-way for lake worth drainage district lateral canal
1-30 as described in chancery case #407, as recorded in official records book 6495, at
page 761, and the official records book 6495, at page 1165, of the public records of Palm
Beach County, Florida..
Page 1 of3
LESS AND EXCEPT:
A right-of-way over the westerly 80 feet of the easterly 190 feet (as measured at right
angles to) thereof for the Lake Worth Drainage District Canal No. e-3-1/2, as recorded in
official records book 1803, at page 254, of the public records of Palm Beach County,
Florida.
Further less and except right-of-way for congress avenue conveyed to palm beach county
by deed filed in official records book 5430, at page 1725, and as described in order of
taking filed in official records book 7322, at page 262, of the public records of Palm
Beach County, Florida.
LESS AND EXCEPT:
A parcel of land lying in section 5, township 46 south, range 43 east, Palm Beach County,
Florida, said land being more particularly described as follows:
Commencing at the southwest corner of said section 5;
THENCE with a bearing of nOOoOO'OO"e along the west line of said section 5, for a
distance of 110.00 feet to a point;
THENCE with a bearing of s89048'45"e along a line lying 110.00 feet north of and
parallel to the south line of said section 5, for a distance of 1397.43 feet to a point;
THENCE with a bearing ofnI8021'59"e, along the east line of80 foot right-of-way for
Lake Worth Drainage District Canal No. e-3 1/2 os recorded in official records book
1803, page 254 of the public records of Palm Beach County, Florida and also the west
line of 110 foot Florida Power and Light Company easement as recorded in official
records book 602, page 623 of the public records of Palm Beach County, Florida, for a
distance of 158.79 feet to the point of beginning:
THENCE continue with a bearing ofn18021'59'e, along the east line of said 80 foot right-
of-way for Lake Worth Drainage District. Canal No. e-3 1/2 and also the west line of said
110 foot Florida Power and Light company easement, for a distance of 26.53 foot to a
point;
THENCE with a bearing of s6302S'06'e, for ,a distance of 32.44 feet to a point;
THENCE with a bearing of sI2034"2S"w, for a distance of9.58 feet to a point;
THENCE with a bearing ofs87049'54"w, for a distance of35.32 feet more or lees, to the
point of beginning.
Page 2 of3
Containing 590 square feet (0.014 acres, more or less, and subject to easements,
reservations. restrictions and right-of-way ofrecord.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida and
contaiIring 1,370,970 square feet (31.473 acres) more or less.
Page 3 of3
EXHIBIT 4-A
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
ESTIMATED CONSTRUCTION TIME TABLE
Water and Sewer System
Stormwater Drainage
Earthwork
Wetlands Mitigation
Offsite Improvements, including
Tum Lanes
Start
January, 2005
January 2005
June,2004
January, 2005
January, 2005
Finish
March, 2005
March,2005
December, 2004
March, 2005
March,2005
WP~S1\SANFORDS\502tnv04\7l2tlO4\25443.010900
EXHIBIT 4-B
MONTEREY/CONGRESS COMMUNITY DEVELOPMENT DISTRICT
GOOD FAITH COST ESTIMATE
Water and Sewer System
Stormwater Drainage. including Earthwork
Wetlands Mitigation
Offsite Improvements, including Turn Lanes and
Placement of Certain Utilities
Total
$1,159.000
1.958,000
100.000
250,000
$3 467 000
WPB-FS1\SANFORDS\502177v04\7J21104\25443.010900
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li/'/ WATER
D LOW DENSITY RESIDENTIAL (LDR)
D MODERATE DENSITY RESIDENTIAL (MOOR)
MEDIUM DENSITY RESIDENTIAL (MEDR)
HIGH DENSITY RESIDENTIAL (HDR)
Max. 10.8 D.U.lAcre
MONTEREY/CONGRESS
COMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF ESTIMATED REGULATORY COSTS
July, 2004
Prepared by
Special District Services, [nc.
11000 Prosperity Fanns Road, Suite 104
Palm Beach Gardens, Florida 33410
(561) 630-4922 Phone
(561) 630-4923 Fax
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the Monterey/Congress Community Development District ("District"). The
District comprises approximately 31.5 +/- acres of land located in the City of Boynton
Beach, Florida The limitations on the scope of this SERC are explicitly set out in
Section 190002(2) (d), F.S. (governing community development district establishmeut)
as follows:
"That the process of establishing such a district pursuant to uniform general law shall be
fair and based only on factors material to managing and financing the service delivery
function of the district, so that any matter concerning permitting or planning of the
development is not material or relevant"
1.2 Overview of Monterey/Congress Community Development District
The District is designed to provide district infrastructure, services, aud facilities along
with their operations and maintenance to a master planned residential development
containing 300 residential town homes within the boundaries of the District
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F S. (1997), defines the elements a statement of estimated regulatory
costs must contain
(a) A good faith estimate of the number of individuals and entities likely to be required to
comply with the rule, together with a general description of the types of individuals likely
to be affected by the rule
(b) A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state and local revenues.
( c) A good faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local governmental entities, required to comply with the
requirements of the ordinance. As used in this paragraph, "transactional costs" are direct
costs that are readily ascertainable based upon standard business practices, and include
filing fees, the cost of obtaining a license, the cost of equipment required to be installed
or used or procedures required to be employed in complying with the rule, additional
operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S. The City of Boynton Beach is not defined as a small City for purposes of
this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any good
faith written proposal submitted under paragraph (I) (a) and either a statement adopting
the alternative or a statement of the reasons for rejecting the alternative in favor of the
proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of
Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a),
Florida Statutes."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a geueral description of the types of
individuals likely to be affected by the ordinance.
The Monterey/Coqgress Community Development District will serve land that comprises
approximately 3G:fl. acres of residential development to be made up of an estimated 300
residential townhomes. The estimated population of the District is 750 +/-. The property
owners in the District will be individuals and may operate industrial, manufacturing and
other retail and non-retail related businesses outside the boundaries of the District.
3.0 A good faith estimate of the cost to the agency, and to any other state and local
government entities, of implementing and enforcing the proposed rule, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project that is anticipated
to effect state or local revenues.
3.1 Costs to Governmental Agencies ofImplementing and Enforcing Ordinance
Because the results of adopting the ordinance is establishment of a local special purpose
government, there will be no enforcing responsibilities of any other government entity,
but there will be various implementing responsibilities which are identified with their
costs herein.
State Governmental Entities
There will be only modest costs to various State governmental entities to implement and
enforce the proposed establishment of the District. The District as established on the
proposed land, will encompass under 1,000 acres, therefore, the City of Boynton Beach is
the establishing entity under 190.005(2), F.S. The modest costs to various State entities
2
to implement and enforce the proposed ordinance relate strictly to the receipt and
processing of various reports that the District is required to file with the State and its
various entities. Appendix A lists the reporting requirements. The costs to those State
agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various
reports. Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an
annual fee to the State of Florida Department of Community Affairs which offsets such
costs.
Citv of Bovnton Beach
There will be only modest costs to the City for a number of reasons. First, review of the
petition to establish the District does not include analysis of the project itself. Second,
the petition itself provides much of the information needed for a staff review. Third, the
City already possesses the staff needed to conduct the review without the need for new
staff. Fourth, there is no capital required to review the petition. Finally, the City
routinely process similar petitions though for entirely different subjects, for land uses and
zoning changes that are far more complex than is the petition to establish a community
development district.
The annual costs to City of Boynton Beach, because of the establishment of the District,
are also very small. The District is an independent unit of local government. The only
annual costs the City faces are the minimal costs of receiving and reviewing the various
reports that the District is required to provide to the City. However, the Petitioner has
included a payment of$15,000 to offset any expense the City may incur in the processing
of this Petition, or in the monitoring of this District
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local
revenues. The District is an independent unit of local government. It is designed to
provide infrastructure facilities and services to serve the development project and it has
its own sources of revenue. No state or local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida or
any other unit of local government. In accordance with State law, debts of the District
are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incnrred by individuals
and entities required to comply with the requirements of the ordinance.
Table I provides an outline of the various facilities and services the proposed District
may provide. The water and sewer utilities, stormwater drainage, wetlands mitigation
and certain off site improvements will all be funded by the District.
3
Table 1
PROPOSED FACILITIES AND SERVICES
FACILITY FUNDED O&M BY OWNERSHIP
BY BY
Stormwater Drainage Svstem CDD CDD CDD
Potable Water Supplv System CDD Citv City
Sanitary Sewer System CDD City City
Wetlands Mitigation CDD CDD CDD
Off site Improvements CDD City City
The petitioner has estimated the costs for providing the capital facilities outlined in Table
I. The cost estimates are shown in Table 2 below. Total costs for those facilities, which
may be provided, are estimated to be approximately $3.467,000. The District may issue
special assessment bonds to fund the costs of these facilities. These bonds would be
repaid through non ad valorem special assessments levied on all properties in the District
that may benefit from the District's infrastructure program as outlined in Table 2.
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance. In
addition to the levy of non ad valorem special assessments by various names for debt
service, the District may also impose a non-ad valorem assessment to fund the operations
and maintenance of the District and its facilities and services.
Furthermore, locating in the District by new property owners is completely voluntary.
So, ultimately, all owners and users of the affected property choose to accept the non ad
valorem special assessments as a tradeoff for the benefits and facilities that the District
provides.
A community development district ("CDD") provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue.
The District is an alternative means to manage necessary development services with
related financing powers. District management is no more expensive, and often less
expensive, than the alternatives of a municipal service taxing unit (MSTU), a property
association, provision by the City, or through developer equity and/or bank loans.
In considering these costs it shall be noted that owners of the lands to be included within
the District will receive three major classes of benefits.
First, landowners in the District will receive a higher long-term sustained level of public
services and amenities sooner than would otherwise be the case.
4
Second, a CDD is a mechanism for assuring that the community services and amenities
will be completed concurrently with development of lands within the District. This
satisfies the current growth management legislation, and it assures that growth pays for
itself without undue burden on other consumers. Establishment of the District will ensure
that these landowners pay for the provision of facilities, services and improvements to
these lands.
Third, a CDD is the sole form of governance which allows District landowners, through
landowner voting, to determine the type, quality and expense of District services they
receive, provided they meet the City's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the
District to provide infrastructure services and facilities. Instead, it is the incremental
costs above what the landowners would have paid to install infrastructure via an
alternative management mechanism. Given the low cost of capital for a CDD, the cost
impact to landowners is negligible. This incremental cost of the high quality
infrastructure provided by the District is likely to be fairly low.
Table 2
COST ESTIMATE FOR DISTRICT FACILITIES
Cost Estimates
Stormwater Drainage System(incl. Earthwork) $ 1,958,000
Potable Water Supply System and Sewer System $ 1,159,000
Wetlands Mitigation $ 100,000
Off site Improvements $ 250,000
Total $ 3,467,000
Table 3
ESTIMATED CONSTRUCTION TIMETABLE FOR DISTRICT FACILITIES
Category Completion Date
Water and Sewer System March 2005
Stormwater Drainage System March 2005
Earthwork December 2004
Wetlands Mitigation March 2005
Off site Imorovements March 2005
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
5
and an analysis of the impact on small counties and small cities as dermed by
Section 120.52, F.S.
There will be no impact on smaIl businesses because of the establishment of the District.
The City of Boynton Beach has an estimated population in 2002 that is greater than .
10,000; therefore the City is not defined as a "small" City according to Section 120.52,
F.S, and there will accordingly be no impact on a smaIl City because of the formation of
the District.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic
theory, especiaIly as it relates to tracking the incidence of regulatory costs and benefits.
Inputs were received from the petitioner and professionals associated with the petitioner.
****************
6
APPENDIX A
LIST OF REPORTING REQillREMENTS
REPORT
Annual Financial Audit
Annual Financial Report
TRIM Compliance Report
Form I: Statement of Financial
Public Facilities Report
Public Meetings Schedule
Bond Report
Registered Agent
Proposed Budget
Public Depositor Report
FL. STATUE
CITATION
11.45
218.32
200.068
112.3145
189.415
189.417
218.38
189.416
189.418
280.17
DUE DATE
within 45 days of audit completion, but
no later than 12 months after end of
fiscal year
within 45 days of financial audit
completion, but no later than 12
months after end of fiscal year; if no
audit required, by 4/30
no later than 30 days following the
adoption of the property tax levy
ordinance/resolution (if levying
property taxes)
within 30 days of accepting interest the
appointment, then every year thereafter
by 7/1 (by "local officers" appointed to
special district's board); during the
qualifying period, then every year
thereafter by 7/1 (by "local officers"
elected to special district's board)
within one year of special district's
creation; then annual notice of any
changes; and updated report every 5
years, 12 months prior to submission
of local government's evaluation and
appraisal report
quarterly, semiannually, or annually
when issued
within 30 days after first meeting of
governing board
prior to end of current fiscal year
annually by 11/30
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.9
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
MeetinlZ Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February I, 2005 January 17, 2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon)
I:8J January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Couseut Ageuda 0 New Business
AGENDA ITEM 0 Public Hearing I:8J Legal
0 Bids 0 Unfiuished Busiuess
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Adopt proposed ordiuauce (second reading) amendiug Chapter 16, Parks aud Recreatiou, Article
II, City parks and beaches, by addiug a new section 16-28 "Bounce Houses" to provide for the regulatiou ofbouuce houses
and other inflatable playground equipment ou City property, providing for conflict severability, codificatiou aud au effective
date.
EXPLANATION: The use of bounce houses aud other iuflatable playgrouud equipmeut has become more pervasive at City
parks aud the use of these poses potential hazard for children who use the equipment, if the equipmeut is uot properly
maintained and installed. It is necessary to make an amendment to the Code, to regulate the use of bounce houses and other
inflatable equipment on City property.
PROGRAM IMPACT: The use ofbouuce houses and other inflatable playgrouud equipmeut would be prohibited on City
property uuless the company operating the equipmeut has received prior approval from the City's Recreatiou aud Parks
Director, or his/her designee, to operate such equipmeut. The notice of approval shall be posted at the locatiou the equipmeut
is iustalled during the time that the equipmeut is beiug operated. Any equipmeut iustalled ou City property without prior
approval shall be immediately deflated aud/or disconuected by the authorized City represeutative. This shall be enforced by
Code Compliauce Officers as well as the City's Law Euforcemeut Officers. Regulations regarding the placemeut, use,
insurance, aud supervision requirements shall be developed and published by the City's Recreatiou and Parks Departmeut.
FISCAL IMPACT: None.
ALTERNATIVES:/Not ameud the Code, Chapter ~:'Parks and Recreation". , )
/~~-------------- ~
Department Head's Siguature City Mauager's Siguature
Recreation and Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM. DOC
I ORDINANCE NO. 05- ooa.
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING CHAPTER 16, "PARKS AND
7 RECREATION", ARTICLE II, "CITY PARKS AND
8 BEACHES" BY ADDING A NEW SECTION 16-28
9 "BOUNCE HOUSES" TO PROVIDE FOR THE
10 REGULATION OF BOUNCE HOUSES AND OTHER
11 INFLATABLE PLAYGROUND EQUIPMENT AT CITY
12 PARKS; PROVIDING FOR CONFLICT,
13 SEVERABILITY, CODIFICATION AND AN
14 EFFECTIVE DATE.
15
16
17 WHEREAS, the City Commission of the City of Boynton Beach ("City") finds that
18 the use of bounce houses and other inflatable playground equipment has become more
19 pervasive at City parks; and
20 WHEREAS, the use of bounce houses and other inflatable playground equipment
21 poses a potential hazard for children who use the equipment, if the equipment is not properly
22 maintained and installed; and
23 WHEREAS, the City Commission finds it necessary to regulate the use of bounce
24 houses and other inflatable playground equipment on City owned property in order to protect
25 children and other individuals who may use the equipment from serious injury; and
26 WHEREAS, the City Commission has a responsibility to the citizens and residents of
27 the City to insure that City owned property is used in a safe manner so as to minimize injury
28 to individuals who visit City owned property; and
29 WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that it
30 is in the best interest of the health, safety, and welfare of the citizens and residents of the City
Page 1
o amend the Code to regulate the use of bounce houses and other inflatable playground
2 quipment on City owned property.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That the foregoing "Whereas" clauses are true and correct and
6 incorporated herein by this reference.
7
Section 2.
That Chapter 16, " Parks and Recreation", Article II "City Parks and
8 Beaches", Section 16-28 is hereby amended by adding the words and figures in underlined
9 type, and by deleting the words and figures in struck-through type, as follows:
10
Sec. 16-28
Bounce Houses.
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The use of "bounce houses" and other inflatable playground equipment is
prohibited at Citv owned property unless the company operating the
equipment has received prior approval from the City's Recreation and
Parks Director, or their designee, to operate such equipment. The notice
of approval shall be posted at the location the equipment is installed
during the time that the equipment is being operated in order to allow the
appropriate City representative to verify that the operator received prior
approval from the Citv. Any equipment installed on City owned property
without prior approval shall be immediately deflated and/or disconnected
by the authorized City representative. The provisions of tillS section shall
be enforced by the City's Code Enforcement Officers. as well as the City's
Law Enforcement Officers. Regulations regarding the placement. use,
insurance. and supervision requirements shall be deyeloped and published
by the City's Recreation and Parks Department.
Section 3.
That should any section or provision of this ordinance or portion
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hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to
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be invalid, such decision shall not affect the remainder of this ordinance.
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Section 4.
All laws and ordinances applying to the City of Boynton Beach 111
Page 2
conflict with any provisions of this ordinance are hereby repealed.
2
Section 5.
That authority is hereby granted to codify said ordinance.
That this ordinance shall become effective immediately upon passage.
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Section 6.
4 FIRST READING this ~ day of January, 2005.
5 SECOND, FINAL READING AND PASSAGE this _ day of
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,2005
CITY OF BOYNTON BEACH, FLORIDA
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Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
Commissioner
\VGCDE _ FS\LIBRARY\1990\900 182.BB\ORD\Bounce House.doc
Page 3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.tO
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meetim~ Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) 0 February ], 2005 January 17,2005 (Noon)
0 December 21, 2004 December 6, 2004 (Noon) 0 February 15,2005 January 31, 2005 (Noon)
I:8J January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14,2005 (Noon)
0 January 18, 2005 January 3, 2005 (Noon) 0 March] 5, 2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Heariug I:8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Mauager's Report
RECOMMENDATION:
Ameudiug Sectiou 14-9 regarding Disabled Parkiug -Admiuistrative Fee, of the City of Boyutou Beach Code ofOrdiuauces.
EXPLANATION:
This ordinance will create a new subsection ( c ).
A parking ticket issued for violation of this section may be dismissed or voided by the city's police department, provided that
the persou issued the ticket preseuts proof of the followiug to police departmeut within ten (10) days of the citatiou issuauce
date.
(I) Valid disabled parkiulj'pennit.
(2) The persou issued the parking ticket is the Owuer of the vehicle.
(3) The parkiug pennit is registered to the vehicle.
(4) The owuer of the pennit was iu the vehicle.
Au admiuistration fee of $25 .00 shall be charged to void parkiug ticket if the criteria is met if voidiug the ticket.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERN2pS:
44-----.
/' Departmeut Head's Siguature
~~
City Mauager's Siguature ~
~ \ <?)S\O
ttomey I Fiu~~~esources
C ~/l.
jK 'O'i!'-\..
!'-?~'"
Police
Department Name
S,IBULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05- 003
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC,"
6 AMENDING SECTION 14-9, "DISABLED PARKING
7 SPACE VIOLATION" OF THE CODE OF ORDINANCES,
8 PROVIDING FOR DISMISSAL OF DISABLED PARKING
9 VIOLATION CITATIONS UNDER SPECIFIED
10 CIRCUMSTANCES AND FOR AN ADMINISTRATIVE FEE
11 ASSOCIATED THEREWITH; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
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15 WHEREAS, the City of Boynton Beach Police Department enforces the parking
16 regulations throughout the City, as provided in Chapter 14 of the Code of Ordinances of the City
17 of Boynton Beach; and
18 WHEREAS, Section 14-9 of the Code of Ordinances prohibits stopping, standing, or
19 parking a vehicle in any parking space designated for those possessing valid disabled parking
20 permits or placards; and
21 WHEREAS, pursuant to Section 14-11(3) of the Code, a civil penalty in the amount of
22 $250.00 is imposed for violations of the disabled parking regulations of the City, said parking
23 tickets being regularly processed by the County Court of Palm Beach County, Florida; and
24 WHEREAS, a purpose of Section 14-9 of the Code is to assure that parking areas
25 designated for the disabled are available for the disabled, and that such parking areas are not
26 being utilized by those persons not lawfully entitled to stop, stand, or park in such areas; and
27 WHEREAS, on occasion, persons lawfully possessing disabled parking placards fail or
28 forget to display the placard when stopping, standing, or parking in an area designated for
29 disabled parking; and
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WHEREAS, the County Court prefers that the City administratively dispose of such
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cases, where possible; and
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WHEREAS, the City of Boynton Beach Police Department recommends that an
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administrative fee be imposed under specified circumstances where persons lawfully possessing,
5
but not displaying disabled parking placards are ticketed for violating Section 14-9 of the Code;
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and
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WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
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recommendation of staff and the City's Police Department, has determined that it is in the best
9
interests of the citizens and residents of the City to amend Section 14-9 of the Code to provide
10
for an administrative fee associated with the dismissal or voiding of a citation for violation of
11
Section 14-9, where one lawfully possessing a disabled parking placard failed to display such
12
placard; and
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
That Chapter 14, "Motor Vehicles and Traffic," Section 14-9, "Disabled
]7
parking space violation," of the Code of Ordinances of the City of Boynton Beach is hereby
18
amended to create a new subsection ( c) as follows:
Sec. 14-9.
Disabled parking space violation.
(c)
A parking ticket issued for violation of this section mav be dismissed or
voided by the citv's police department. provided that the person issued the
ticket presents proof of the following to the police department within ten
(10) davs of the citation issuance date:
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(1) At the time the parking ticket was issued. that the person issued the
ticket possessed a valid disabled parking permit or license plate in
accordance with section 320.0848. Florida Statutes. as amended
from time to time. and failed to display the permit or license plate
as required by law; and
(2) That the person issued the parking ticket is the owner of the vehicle
cited on the parking ticket; and
(3) That the disabled parking permit or placard is registered or
assigned to the vehicle cited on the parking ticket. and
(4) That the owner of the disabled parking permit or placard was
driving or a was a passenger in the vehicle immediately prior to the
time the parking ticket was issued.
Section 2. Should any section or provision of this ordinance or portion hereof, any
paragraph. sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder ofthis ordinance.
Section 3.
Authority is hereby granted to codify said ordinance.
Section 4.
This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of J(l,f\uct.-r,l ,2005.
I
Page 3 of 4
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SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
ATTEST:
Commissioner
City Clerk
Commissioner
(CORPORATE SEAL)
\VGCDE_FS\L1BRARY\1990\900182.BB\ORD\Parking - Disabled Fee.doc
Rev. 12.14.04
Page 4 of 4
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Requested City Corrunission
Meeting: Dates
o December 7, 2004
o December 21, 2004
I:8J January 4, 2005
o January 18,2005
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
KII. - LEGAL
ITEM A.ll
Date Final Fonn Must be Turned Requested City Commission
in to Citv Clerk's Office Meetinll Dates
Date Final Fonn Must be Tume4-)
in to (iN Clerk's,O!f1ce --J ::..
"-.'~- ...:"-::~-<
--(C)
c,;;-q
~.'~g
November 15.2004 (Noon.) 0 February I, 2005
December 6, 2004 (Noon) 0 February 15,2005
De<:ember 20, 2004 (Noon) 0 March 1,2005
January 3, 2005 (Noon) 0 March ]5,2005
Januaryt7,2005 ONo~
n
January 31, 2005 (NOOt~
.. - _.~~
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--iTi
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February 14, 2005 (Noo~
'^>
February 28. 2005 (Noon)'
1'.)
W
0 Admiuistrative 0 Developmeut Plaus
NATURE OF 0 Conseut Ageuda 0 New Business
AGENDA ITEM 0 Public Heariug I:8J Legal
0 Bids 0 Uufmished Busiuess
0 Announcement 0 Presentation
0 City Mauager' s Report
RECOMMENDATION: Review aud approval of additious to the Quasi-Judicial Heariugs Ordiuauce passed by
tbe City Commissiou ou March, 2004 to add site pIau exteusious aud abaudoumeuls.
EXPLANATION: Both site pIau exteusious and abandoument reviews are couducted as quasi-judicial heariugs as
they are geuerally site specific. The list of developmeut review items subject to quasi-judicial
notice and review standards fails to list those types of proceedings.
PROGRAM IMPACT: No~
FISCAL IMPACT: Noue
ALTERNATIVES: Noue
~ -/)m5
Depaitmeut Head's Siguature
1)/7~
~J11auager's Siguature
~ Attorney I Fiuauce I Humau Resources
Department Name
S.IBULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 05-00,",
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING SECTION 2-20(a) OF THE CODE OF
ORDINANCES REGARDING QUASI-JUDICIAL HEARINGS;
ADDING SITE PLAN EXTENSIONS AND ABANDONMENTS TO
THE LIST OF QUASI-JUDICIAL PROCEEDINGS; PROVIDING
FOR NOTICE AND PROCEDURES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
enacted a written procedure for conducting and giving notice of quasi-judicial hearings;
and
WHEREAS, the City Commission of the City of Boynton Beach has determined
that the enactment of this Ordinance is in the best interests of the citizens of the City of
Boynton Beach, protects the integrity of City government, fosters public confidence in
the actions of the City, and will assist in ensuring that the City's quasi-judicial hearing are
conducted with proper notice, opportunity to be heard, and opportunity to present
evidence and testimony;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Boynton Beach, Florida, as follows:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
That Chapter 2, Section 2-20 is amended as follows:
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Sec. 2-20. Quasi-judicial proceedings before city commission or city board;
procedure for reconsideration of decision.
(a) For the purpose of this section the term Quasi-judicial proceeding" shall mean
hearings before the City Commission or Planning Development Board, and limited to the
following specific types of proceedings:
(I) Variances;
(2) Rezonings;
(3) Appeals from administrative decisions of the building official or the
planning director;
(4) Masterplan approvals;
(5) Site plan approvals;
(6) Modifications of site plans (maior)
(7) Relief from requirements of the sign code.
(8) Conditional use approvals
S:\CAIOrdiuauces\Quasi-judiciaI heariugs modified (add 9 &lO).doc
1/7/2005
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(9) Site plan extensions
liQLAbandonments
(II) Other lang development matters announced as Quasi-iudicial hearings
SECTION 2. Severabilitv. Should any section, prOVISIOn, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 4. Codification. It is the intention of the City Commission of the City of
Boynton Beach, that the provisions of this Ordinance shall become and made a part of the
Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this
Ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to
"Section," "Article" or other word or phrase in order to accomplish such intention.
SECTION 5. Effective Date. This Ordinance shall become effective immediately
upon its passage and adoption.
FIRST READING this ~ day of Janun r 'f
,2005.
27
S:ICAIOrdiuaucesIQuasi-judicial heariugs modified (add 9 &1O).doc
t/7/2005
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2005.
ATTEST:
SECOND, FINAL READING AND PASSAGE this
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
S:ICA IOrdinauceslQuasi-judicial heariugs modified (add 9 &1O).doc
1/7/2005
3
I>:O~
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ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.12
RC411l'stcd City Commission Date Final Fonn Must be Tumed RequestL"d City Commission Date Final Form Must be Turned
J\1~l:,-iIIR...Dat~ in 10 eil',.' Clerk's Oilicc Meeting Dat~ in to eil\' Clerk's Of1ice
0 December 7. 2004 November 15, 2004 (Noon.) 0 February I, 2005 January 17,2005 (Noon)
0 December 21,2004 December 6, 2004 (Noon) 0 February i5, 2005 January 31, 2005 (Noon)
I:8J January 4. 200S December 20, 2004 (Noon) 0 March 1,2005 February l4, 2005 (Noon)
0 January r 8, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
AdmlmstratIve O~
Couseut Agenda '" 1\\ sS \ I tJ
PUblicHea~~\\'I!\ I:8J
B~ ~V . 0
Auuouucemeut j~~ NI'-~ D.
City Mauager's Report ~?\'.~O
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION:
Motion to approve Ordinance No. 04~_ amending Section 26-406, Capital Contributions, to
allow the transfer of real property to the City in place of "fee-in-lieu-or' capital contributions for
properties redeveloping with the Downtown Stormwater Improvement Watershed.
EXPLANA nON:
Section 26-406 of the Code currently requires owners of redeveloped properties that will utilize
the City's Downtown Stormwater Improvement system to pay a fee for their proportionate share
of the capacity of that system, as a means of reimbursing the City for its capital investment in
constructing the stormwater conveyance and treatment system in the Downtown Watershed. The
subject ordinance will present developers with an option to transfer ownership of real property to
the City in place of the current fee, but only if the property is appraised at a higher value than the
calculated "fee~in-lieu-or' capital contribution, and only if the developer follows all of the
procedures for transfer of ownership as established in the ordinance.
PROGRAM IMPACT:
Future dedications of real property may be useful in expanding or improving the Downtown
Stormwater Improvement system
FISCAL IMPACT:
The land or its proceeds from sale will be utilized by the City's stormwater utility enterprise fund,
and therefore become a capital asset to the fund.
S:\BULLETfN\FORJ\1S\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Leave thc Code section in its present form, and restrict capital contributions to the current fee
structure.
Departmen
~r6LAA_(L
City Mauager's Signature
Utilities
Department Name
XC: Dale Sugerman (w/copy of attachments)
Peter Mazzella
Quintus Greene, Director of Development
Don Johnson, Building Otlicial
File
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC