Agenda 02-01-05
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
FEBRUARY 1, 2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
DISTRI T I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
OITY OF BOYNTON BEAOH
REGULAR CITY COMMISSION MEETING
AGENDA
February 1, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Father Martin Zlatic - St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
1. Address Mr. Doug Hutchinson - Vice Mayor Mack McCray
2. Discuss City Manager - Vice Mayor Mack McCray
3. Report from District 2 - Vice Mayor Mack McCray
4. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment
funds to the Boynton Ministerial Association
5. Discuss Human Resources Director Recruitment Schedule - Vice Mayor
Mack McCray
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. Four Chaplains Sunday - February 6, 2005 - Service at 7:00 p.m. at
Ascension Lutheran Church, 2929 Seacrest Blvd. - Light refreshments will
be served
B. Community and Special Events:
1. Boynton Beach City Library - Brown Bag Series 2005 - February 7th and
February 14th and February 28th, 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
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
2. "The Friends of the Library" are hosting their 16th Annual Benefit
Luncheon on Monday, Feb 21, at Benvenuto's 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.
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:
Week 2:
Basketball Toumament
Basketball Tournament
Movies on the Avenue
Basketball Tournament
Week 3:
Book Fair VIP Aut ra h Session
Book Fair General Public
Coronation
Youth Awards
Week 4:
Hester Center
Hester Center
Ocean Avenue
Hester Center
5
5
Februa 5
February 5
12
11
11
13
10:00 a.m.
11:00 a.m.
12:00 .m.
1:00 p.m.
9:00 a.m.
6:00 .m.
7:00 .m.
TBD
Poinciana Februa 19 5:00 .m.
Poinciana Februa 19 6:00 .m.
Poinciana Februa 19 7:30 .m.
Poinciana Februa 19 8:30 .m.
Parade Seacrest
Concert - "An International Affair"
. R&B - Classique, Regina
Bell & Howard Hewitt MLK
. Reggae - Glen Washington
. Trinidad and Tobago -
Trinny
. Latin D
International Celebration
(Around the World in one day - Wilson Park
Elementary Schools adopt a
count MLK Carnival
2
Februa 26
February 26
February 24,
25, 26 & 27
4:00 .m.
6:00 p.m.
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
C. Presentations:
1. Proclamations:
a. "Four Chaplains Sunday" - February 6, 2005
2. "Read Boynton" Program - Presentation by Boynton Beach Community
High School Principal William Latson
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. Accept the resignation of Jayne Kupperman, Regular member of the Community
Relations Board
B. Appointments to be made:
Appointment
To Be Made
Length of Term
Board ExDiration Date
Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/07 Tabled (2)
Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2)
Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2)
Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2)
Cemetery Board Alt 1 yr term to 4/05 Tabled (2)
Code Compliance Board Alt 1 yr term to 4/05 Tabled (2)
Code Compliance Board Alt 1 yr term to 4/05
Community Relations Board Alt 1 yr term to 4/05 Tabled (3)
Community Relations Board Alt 1 yr term to 4/05 Tabled (2)
Community Relations Board Reg 3 yr term to 4/06
Education Advisory Board 5tu 1 yr term to 4/05 Tabled (3)
IV McKoy
Mayor Taylor
I Ensler
II McCray
III Ferguson
III Ferguson
IV McKoy
I Ensler
II McCray
III Ferguson
III Ferguson
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
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 - January 14, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget
1. Approve the piggyback of Palm Beach County Bid #04-043jVMG with
FLORIDA BEARINGS, INC. of West Palm Beach, Florida, to purchase EMU
pumps which are used in the Utility Department in order to keep the lift
stations operating. These pumps are ordered on an "as needed" basis
with an annual expenditure of $75,000
2. Approve the "SURPLUS VEHICLE/EQUIPMENT USTS" thirty two (32)
items as submitted by Public Works/Fleet Maintenance and allow for the
sale of same
3. Approve a piggyback of Collier County, Naples, Florida, Bid #02-3350
with U.s. FILTER WASTEWATER GROUP, INC. of Poway, CA, to purchase
two (2) Bio-filters, which are used for odor control in the wastewater
collection system in the amount of $68,250 each for a total of $136,500
4. Award the "SENIOR CENTER PHASE III RENOVATION" BID #008-2413-
05/JA to CEM ENTERPRISES, INC. of Apopka, Florida, in the amount of
$428,000 plus a 15% contingency to be included for a total of $492,200
(PROPOSED RESOLUTION NO. ROS-014)
C. Resolutions:
1. Proposed Resolution No. R05-012 Re: Approving and
adopting grant funding policies (TABLED TO FEBRUARY 1, 200S)
2. Proposed Resolution No. R05-015 Re: Authorizing
the execution of Agreements for Water Service Outside the City Limits for
all of the properties located within the Avondale Pines Subdivision, an
existing subdivision on private wells that will have potable water lines
installed by Palm Beach County for connection to the City of Boynton
Beach's water distribution system
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
3. Proposed Resolution No. R05-016 Re: Executing a
Special Warranty Deed conveying title to Barbara Josey for Lot 172, Block
A, BOYNTON HILLS, as recorded in Plat Book 4, Page 51, of the Public
Records of Palm Beach County, Florida
4. Proposed Resolution No. R05-017 Re: Executing a
Special Warranty Deed conveying title to Shankica Perry for ROLLING
GREEN RIDGE FIRST ADDmON, Lot 9, Block 22. The above being the
real property described under tax certificate number 143091 in the tax
deed recorded in Official Record Book 13452, Page 716, Public Records of
Palm Beach County, Florida
5. Proposed Resolution No. R05-018 Re: Authorization
to apply for funding towards the development of Jaycee Park, from the
2004/05 Land and Water Conservation Fund (LWCF)
6. Proposed Resolution No. R05-019 Re: Approving and
authorizing Amendment No. 4 to Task Order No. 1 to Brown and
Caldwell, Inc., in an amount not to exceed $54,000 to provide utilities
management services on a full-time basis through March 15, 2005 and on
a part-time basis thereafter through April 15, 2005
D. Ratification of Planning & Development Board Action:
1. Grove Plaza Parcel C (MPMD 05-003) - 3490 Hypoluxo Road -
Request for Master Plan Modification approval to convert Parcel "C" from
a proposed 6,540 square foot retail use to a 6,832 square foot minor
automotive repair facility
E. Ratification of CRA Action:
None
F. 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 (TABLED ON JANUARY J8, 2005)
(Staff has recommended an alternate bid from C. R. Dunn, Inc. at a
cost of $53,930.)
G. Approve full release of surety covering the water and sewer systems for the
project known as Medical Arts Professional Center, Ltd., and returning Letter of
Credit No. 637961-1 from FIdelity Federal Bank & Trust to the developer,
Hematology Oncology Associates Properties, Inc. in the amount of $101,597.10
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
H. Approve full release of surety covering the water and sewer systems for the
project known as Tuscany Bay (fka Lieder PUD) and returning Letter of Credit
No. ATL/P601403 in the amount of $1,291,910 from SunTrust Bank to the
developer, Centex Homes
VII. CODE COMPLIANCE &. LEGAL SETILEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
High Ridge/New Urban Communities (ANEX 05-001)
TImothy Hernandez and Roger Decapito of New Urban
Communities, Inc.
Paramount Investment Group
Northwest corner of High Ridge Road and Miner Road
Request to annex :t18.438 acres of land currently designated MR-
5 (5 dujac) and LR-2 (2 dujac) and zoned RS (Single Family
Residential) (Palm Beach County) (1ST READING OF
PROPOSED ORDINANCE NO. 05-008)
High Ridge/New Urban Communities (LUAR 05-002)
TImothy Hernandez and Roger Decapito of New Urban
Communities, Inc.
Paramount Investment Group
Northwest corner of High Ridge Road and Miner Road
Request to amend :1:18.438 acres of land on the Comprehensive
Plan Future Land Use Map from Medium Density Residential (Palm
Beach County) to High Density Residential (HDR) (1ST READING
OF PROPOSED ORDINANCE NO. 05-009); and
Request to rezone from Single-family Residential (RS) (Palm
Beach County) to Planned Unit Development (PUD) (1ST
READING OF PROPOSED ORDINANCE NO. 05-010);
Proposed Use:
Single-family residential and townhouse
community
Knollwood Groves (LUAR 05-001)
Chip Bryan, Julian Bryan & Associates, Inc.
Knollwood Groves, Inc.
8053 Lawrence Road, west side of Lawrence Road at the
intersection of Miner Road
Request to amend :1:30.683 acres of land on the Comprehensive
Plan Future Land Use Map from Agriculture (A) to Low Density
6
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
D.
Project :
Agent:
Owner:
Location:
Descri ption:
E.
Project:
Agent:
Owner:
Location:
Descri ption:
F.
Project:
Agent:
Owner:
Location:
Description:
Residential (LDR) (1ST READING OF PROPOSED ORDINANCE
NO. 05-011), and
Request to rezone from Agricultural (AG) to
Development (PUD) (1ST READING OF
ORDINANCE NO. 05-012)
Planned Unit
PROPOSED
Proposed use:
Single-family Residential community
Dr. Go Daycare Center (COUS 05-001)
Dave Beasley
Dr. Ka Hock Dy Go
Southeast corner of West Boynton Beach Boulevard and Knuth
Road
Request Conditional Use/Major Site Plan Modification approval to
allow conversion of 7,098 square feet of an existing 13,170 square
foot office building for daycare use on a 2.037 acre parcel in a C-1
zoning district
Grove Plaza Parcel C (COUS 05-002)
Lution Hill
Grove Plaza C, LLC
3940 Hypoluxo Road
Request Conditional Use/New Site Plan approval for a 6,832
square foot minor automotive repair facility on a 0.823 acre parcel
in a C-3 zoning district
Quantum Park NOPC #15 (DRIA 05-001)
Eugene Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side of Interstate 1-95 between Miner Road and the Boynton
(C-16) Canal
Request for Development of Regional Impact Amendment (DRIA)
to allow an increase in the maximum number of dwelling units
permitted under the development order from 1,000 to 1,105
dwelling units (1ST READING OF PROPOSED ORDINANCE
NO. 05-013)
a. Quantum Park NOPC #15 (MPMD 05-006) - West side of Interstate
1-95 between Miner Road and the Boynton (C-16) Canal - Request for
Master Plan Modification approval to allow an increase in the maximum
number of dwelling units allowable within the areas designated for "Mixed
Use (MU)" from 1,000 to 1,105 dwelling units
7
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
IX. CITY MANAGER'S REPORT:
A. Consider inviting Florida Atlantic University and Florida International University to
the February 15, 2005 City Commission meeting to make a presentation to the
City Commission on each University's capabilities to perform redistricting services
for the City of Boynton Beach and establishing a budget in an amount not to
exceed $49,900 -- Recommend Rejection of proposals as submitted and
direct staff to re-solicit based on refined criteria.
X. FUTURE AGENDA ITEMS:
A. Presentation of the After-action Report regarding the 2004 Hurricane Season
(February 15)
B. Review of preliminary plans for the Intracoastal Park Clubhouse and approval of
proposed task order with CH2MHILL to proceed to final design (February 15)
C. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
D. Proposed Lease Agreement with Boynton Woman's Club (TBA)
E. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on
review by Planning & Development Board and eRA)
F. Annexation of Enclaves (TBA)
G. Hurricane Design for Public Buildings
H. City Manager's Evaluation (October 2005)
XI. NEW BUSINESS:
A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification)
(POSTPONED TO FEBRUARY 1, 200S AT APPUCANT'S REQUEST)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
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
8
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
Moderate Density Residential to Mixed Use-Suburban (Boynton Village)
TABLED ON 01/18/05
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) TA8LED ON 01/18/05
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) TABLED ON 01/18/05
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) TABLED ON
01/18/05
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 TABLED ON
01/18/05
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 TABLED
ON 01/18/05
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 TABLED ON 01/18/05
8. 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
9
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
February 1, 2005
City in lieu of capital contribution charges within the downtown
stormwater improvement watershed TABLED ON 01/1B/05
9. Proposed Ordinance No. 05-006 Re: Amending the
Comprehensive Plan Future Land Use Map from Low Density Residential
and Local Retail Commercial to Special High Density Residential (Seaview
Park Club - LUAR 04-101)
10. Proposed Ordinance No. 05-007 Re: Rezoning from R-3
Multi-family Residential and C-3 Community Commercial to Infill Planned
Unit Development (IPUD) (Seaview Park Club)
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 05-014 Re: Request for
amendments to the Land Development Regulations, Chapter 22. Streets
and Sidewalks, related to street naming and renaming, construction of
sidewalks, access to and work within public rights-of-way, and providing
for appeals, work requirements and surety
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DEQOES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUOi PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADEl WHICH RECORD INQUDES THE TEsnMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.5. 286.0105)
THE CITY SHAU FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABIlITY AN
EQUAl OPPORT1JNITY TO PARTIQPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AcnVITY CONDUCTED BY THE CITY. PLEASE
CONTACf JOYCE COsrEllO, (561) 742-6013 AT LEAST 1WENTY-FOUR HOURS PRIOR 10 'THE PROGRAM OR ACTIVITY IN ORDER FOR 'THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
JMP
FINAL AGENDA 1/28/2005 11:41 AM
s:\CC\WP\CCAGENDA\AGENDAS\Year 2005\020105 - Final Agenda.doc
10
li}.,nc r -mat~ III.-ANNOUNCEMENTS a PRESENTATIONS
\,Cl V W, " Item A.1.
WHEREAS, February 6, 2005 will mark the 61st Anniversary of the sinking of the troopship SS
Dorchester, which carried to their deaths four Chaplains of three faiths who stood united in prayer as the ship
went down; and
WHEREAS, these four Chaplains - Roman Catholic, Jewish and Protestant gave their own life jackets
to four soldiers and thus sacrificed their own lives to save the lives of others; and
WHEREAS, it is fitting at a time when the freedom of the world is imperiled that the City of Boynton
Beach, Florida should give special recognition to the memory of those who sacrificed their lives for the cause of
freedom; and
WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and
sacrifice for American liberty and human freedom will be an inspiring and ever-shining example of real
brotherhood for all time to the people of the world; and
WHEREAS, we must all see to it that their supreme sacrifice to the common cause of freedom and
justice for all shall not have been in vain.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, hereby proclaim Sunday, February 6, 2005 to be observed as:
"FOUR CHAPLAINS SUNDAY"
And call upon all our citizens to commemorate the day with appropriate observances in public places and by
prayers in their homes and houses of worship.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida, to be affixed at Boynton Beach, Florida, this 1st day of February 2005.
ATTEST:
Jerry Taylor, Mayor
City of Boynton Beach
City Clerk
(Corporate Seal)
s:\cclwp\ccagenda\proclamations\year 2004\year 2oo5\lour chaplains - 2oo5.doc
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TIME 7 P.M.
PLACE ASCENSION LUTHERAN CHURCH
2929 SEACREST BLVD. BOYNTON BEACH
DATE, FEBRUARY 6, 2005
ALL COLOR GUARDS WELCOME
umrr REFRESHMENTS
PAGE 01
RECEIVED
CITY . ANAGER'S OFFICE
FOR INFO CALL, TOM KAISER 561-369.S83*, 1
BOB ZIMMERMANN ~1.13~'P86
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OUR GUEST OF HONOR i
MR. BEN EPSTEIN
SURVIVOR, SS DORCHESTER
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lII.-ANNOUNCEMENTS .. PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetimz Dates in to City Clerk's Office Meetintz. Dates in to Citv Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) t8:J 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)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement t8:J Presentation
0 City Manager's Report
RECOMMENDATION: Allow Principal William Latson to present "Read Boynton" Program to the City
Commission.
EXPLANATION: Boynton Beach Community High School is working with lhe City Lihrary to encourage reading
and to improve test scores among all ages of students. "Read Boynton" is a pilot program to begin this month using
high school students to mentor I tutor Middle and Elementary students after school in the Library.
PROGRAM IMPACT: "Read Boynton" involves students and poteutially other volunteers to address a critically
important life skill: reading. It kicks off during February, which is "Love Your Library Month". The program
incorporates reading, language, use of the library, and homework assistance. The Library's Internet computers give
students and their parents access to school material, FCA T software, and homework help. Currently the Library ouly
has a small Reading and Homework tutoring capability because of its limited staff. Using high school students as
volunteers, with the assistance, training and monitoring providing by the high school faculty, more students in the
community can be helped during non-school hours.
FISCAL IMPACT: The first year's estimated budget of $6300 has been identified from donor funds.
ALTIRN'''''''', Do 00' "'- ,.. ";.",.<,, ....00< ,w. ''''''= E ~_.
Department Head's SIgnature City Manager's Signature
Library
Department Name
City Attorney I Finance I Human Resources
S,IBULLEllN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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Florida Bearings Inc
Your Bearing and Drive Depot
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3J64 N Miami Avtolte
Miami. FL ,3127
rbo..(~S)S73.8424
fox (~5lS73.7366
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1430 W Browud Blvd
Ft LIluderdolc. FL 33312
Pbone('S4)46~8>
Pax (9S4)76S-1043
EMU PUMPS
w..Al..M RJ:.ACH
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Ri,im S..... Fl. 3J404
PlIo... (>61) 863-3260
Fax (;61)863-3262
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2410 N RioG,.nde AYl::OOe
0IIa0d0. Pt nllll4
PIlo..(407) 1143-4'S3
fox (401) 84HIS.
January 14, 2005
The City of Boynton Beach
Attn: Carol Doppler
Subject: EMU Pwnps / Paw Beach County Bid #04-043NMO
Thank you for the opportunity and your interest in buying EMU Pumps. Florida
Bearings Inc the sole source provider for EMU pumps and EMU warranty repairs
frmthestllteofFIorid8. enrourages the City ofBoynlon BeRCh to use the current bid
held by Palm Beach COlUlty_ Bid #04-043NMG This bid contains various pump
model numbers and horsepower that will benefit your city and at a guaranteed price,
lfany questions should come up, please '~aJl me!
AI:OOJf:8er.
{; .
Ene pike
305-345-8447 cell#
Bor-rcl of County Commissioners
County Administrator
Karen T, Marcus, Chair
Tony Masilolli, Vice Chairman
Jeff Koons
"'qrren H. Newell
.-y McCarty
tlurt Aaronson
Addie L Greene
Robert Weisman
Purchasing Department
www.pbcgov.com/pur
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID # 04-043NMG
DISCHARGE PUMPS, VARIOUS SIZES
EMU OR FL YGT, PURCHASE OF
BID OPENING DATE: APRIL 21. 2004 AT 2:00 P.M.
It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised
to closely examine this package, Any questions regarding the completeness of this package should be
immediately directed to Palm Beach County Purchasing Department (561) 616-6800.
It is requested that all bids be submitted in triplicate, one original and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,
SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR
~M. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Call Bid Hotline number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655-
4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a list
of additional advertised "Invitations for Bid" and "Requests for Proposal". The Bid Hotline also provides
updates on posted award recommendations. This same information, to include posted award information,
is available on our web site www.pbcgov.com/pur.
Protests can be accepted only during the five (5) business day posting period,
CAUTION
,
Amendments to this Invitation for Bid will be automatically sent only to those vendors
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid
package not purchased directly from Palm Beach County Purchasing Department.
In accordance with the provisions of ADA,
this document may be requested in an alternate format.
50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199
(561) 616-6800 FAX: (561) 616-6811
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Sj'FO of County CommISSIOne[s- 7'#jU Afi~
.NII .'
t{ '"-'. f Malc"" C,. I . ~ ~
T 0) Masllolt" Vice era,emaq ~/~- @ )\
Jeff Koons _____-----... / ~ . w1!;
~~' '. 'N .
V', arr~fI H Ne,^,?'1 '\.....,> \ .'_ ()
~o1."McCarty '~l{ {"-
Burt ~aronsc'1 :tOR11> ' JGI.
!\dl1re ~ Greene
WV\f\N pbcgo\' .':.'O(::/~'G"
County Adrdnistratcl
Robe -l '11'/ e ISn"',
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P'.Jrchasing Dep.i;1rtme~i
.
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BOARD OF COUNTY COMMISSIONERS
,NQ'MCE OF SOLICITATION
BID # 04-043NMG,
DISCHARGE PUMPS, VARIOUS SIZES
EMU OR FL YGT, PURCHASE OF
BID OPENING DATE: APRIL 21.2004 AT 2:00 P,M.
]
J
't is the responsibility of the bidder to insure that all pages are included, Therefore, all bidder$ are advis2,j
10 ciosely examine this package Any questions regarding the ~ompletene$s of this package should te
immediately directed to Palm Beach County Purchasing Department (561) 616-6800,
,
,.
l;
,,',
t 1$ recuested that all bids be submitted in triplicate, one origlna! and two copies.
BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL,
SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR
FIRM, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID.
Call Bid Hotline number 795-8080 (frorTl Palm Beach County), 425-7420 (from Broward County), or 655-
4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a nst
Df additional advertised "Invitations for Bid" and "Requests for Proposai", The Bid Hotline also provides
updates on posted award recommendations, This same information. to include posted award information,
IS avai'able on our web site wNW.pbcgov.com/pur
Protests can be accepted only during the five (5) business day posting period.
Ir
i'
/
/'
...-......."".-.J.
CAUTION
Amendments to this Invitation for Bid will be automatically sent only to those vendors
who received this document directly from Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible for the completeness of any Invitation for Bid
package not purchased directly from Palm Beach County Purchasing Department.
I
~
In accordance with the provisions of ADA,
this document may be requested in an alternate format.
50 South Military Trail, SuIte 110, West Palm Beach, FL 33415.3199
(561) 616-6800 FAX: (561) 616.6811
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BOARD OF COUNTY COMMISSIONERS
Paim Beach County
INVITATION FOR BID
8101'10: OL.043NMG
Page 2
BID :'iTLE DiSCHARGE PUI-APS Vi'RIOUS SrZE~ EMU OR FtYGT. PURCYASE QF
PLRCHASiNG DEPARTMENT CONTACT; Vernetha M, Green, Senior Suver, TELEPHONE NO,: 561.616-6831, FAX NO..
(561)242-6731 . EMAIL ADDRESS: vqreen@copalm.beachllus '
All bid responses must be rece;ved on Or belore APRIl21,2004 ,prior 10 2:00 pm.. Palm Beach County !ocal time, at w~lch
[,me all b'ds will be pubiicly openeo and reac, SUBMIT BID TO; Palm Beach County Purchasing DepartMent, 50 Soutr,
MHitaoy Trail, Suite 110. Wesl Palm Beach. Florida 33415.3199.
ThIS Invitation tor Bid, Genera) Conditions. Instructior:$ to Bidders, Special Conditions, SpecifiCations, Attacnrnents, Amendments (if Issued).
and/or any other refsr'enced document form a part of this bid Solic!tation and response thereto, and by referenCE! are made a P3,1 thereof. The
selected awardee shall be bound by' aU terms, conditlor.s a~d iequirements if' t..,ese documerts.
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PURPOSE AND EFFECT: It is the purpose anc intent Oftl'"'IS invitation to secure bids for item(s) arld/or services as listed herei(1 The ,se~ected
awardee is hereby placed on r.otice that a.cceptan~e of its bi-d by Palm Beach County sha!! constitule a binding ccntract
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
GENERAL CONDITIONS
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1, GENERAL INFORMATION
8,aoers are advised that th,s paokage constrtJtes Ihe oomplete
set of specifications, terms, and condi~ions which wili form the
brnding contract between Palm Beach County and the
su:::-cessful bidder. Char-gas to this invitation for bid may be
made only by writlen amendment issueo by the Ccunly
Purchasing Department. Bidders are further advised to c!osely
exaMine evenj seGt,on of this document, to ensure that al!
sequentially numbered pages are prElQent, and to ensure that it
IS luily understood, Q'Jestions or requests for explanations or
interpretations of thIs document must be submitted to the
PurChaSing Department contact inwritlnf; in sufficient time to
permit a written response and. ,t requirec, will be provided to all
prOSpectIVe bidders, prior to bid opening Oral explanatiocs or
Instructions given by a'1Y COIJnty agent will not be binding and
shaoic not be inlerprelecl as altering any provisiOn of this
document. Bidder certifies that this bid IS made witheut reliance
on e.ny oral represe~ltation5 made by the County.
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The obl.gations of "aim Beach County unde, this award are
'ubJ eot 10 l~;e availability of lunds !awfully appropriated for its
.....one.
REQUIREMENTS
<-
es
COl.
incor\
reQuin,
being (.
provision.
solicitation
of thiS solie
~E WITH lAWS AND COOES; Federa!, State,
"I laws. ordinanoes. rules and reguletions
qllect the rtems covered herein apply,
c~e bidder Shall in no way be a cause
'>Y, The .uccessful bidder must
"tate and local buildinQ acd
"'eet all Stat. and Federal
,fies that all products
, or other 'tems supplied in
,n ils bid meets all O,S.H A,
Jeral and State requirement$.
, ~ it IS the successful bidder, and
,ubsequently found to be defioient
Although prel,
MrvV8Es, unles
/'~
in any of Ihe aforementIoned requirements In effect or
date of delivery, all costs necessary to bring the producl
inlo compliance shaH be borne by !he bidder
In complicnce with Chapter '42. =!orida Statutes, any
toxic substance resulting from thiS bid must be
accompanied by a prooerry completed Matenal Safety
Data Sheet (MSDS)
The Uniform Commercial Cooe (FlOrida Statutes, Chapter
612) shaH prevail as the basis for conlractual ooiigatlons
between the suooessful bidder and Palm Beach County
for any terms and conditions not specif'cal'y stated In the
Invitation for Bid.
b. OISCRIMINATION PROHIBITED: Pe'm Beach County
is committed to assJling equal opportunity in tne award of
contracts and complies with ali iaws prohibiting
di5crim [nation, The slJccessfui bidder is prchlbitec from
dlscriminat,ng against any employee, applicant, or Client
because of race, color, religion, disability, se., age,
national origin, aflcestry, marital staiu$. Qf sexlial
orientation.
c. INDEP~NDENT CONTRACTOR RELATIONSHIF': The
successful bidder is, and shall be, In Irle perforMance of
all work, services, and activities unde; t~ls Contract, an
Independent Contractor and nct an employee, agent. or
servent of the COUNTY. All persons engaged in any of
the work or services performed pursuant to Ihis Contract
shall at all times, and in all preces, be subject 10 the
successful bidder's sole, direction, supervision, and
control. The .successful biddershal: exerc:s!I ::ontrol over
the means and manner in which it and its employees
perform the work. and In al! respects the successf...1
bidder's relationship, and the relationship of its
employees. to the COUNTY shall be that af an
Independent Contractor and not as emp,oyees 0' agenls
of the COUNTY
BID RESPONSE
81D # 04.043NMG
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DISCHARGE PUMPS, VARIOUS SIZES
EMU QB FLYGT, PU~CHASE OF
I
liTEM
INO
I
11
I
r DESCRIPTION
~'SCharge Pump, 7,5 HD, 238 Impe!!er,1750 RPM,
I 230 VOil, 3 P,"Iase, with 40' Corj, Standard Claw
200 GPM @ 80' TOt-'
400 GPM @ 65' TDH
150 GPM @ B5' TDH
EMU #FA 10.33 238/F0172-"J12 lOR EQUAL)
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I I DELIVERY Lo;:;,,;rION; A
I I MANUFACTU:ER~(J1 U" _,
L-~ MOPEL #. __tffIO,,;):;' -- 2.30) F6 (.f?>~1)'2
12, /4" Discharge Pcmp. 7.5 Hp, 213 ImpB'ler, 1740 RPM,
I 230 Volt, 3 Phase, witn 40' Corrj, Standard Coupiing,
I Must prOJide Caw
I EMU # FA 10 33iF0172-4/12 (OR EQUAL)
I I DELIVERY lCJCATIO~B
I /IItIANUF.ACTURER: t:I1'1L,\
I ~10DEL 11 .F='h-IO:'Ss-'2,\S I r=o({2-- '1/(L
f~- I 4" Dl5"harge Pump, 75 Hp, 1740 RPM, 230 Voil,350
t I GPM, 50' TDH, 3 Phase, wit" 40' Core, Standard
I Coupiing, Must pro'/ide Claw
I EMU # FA 10.33-213/FO 172 4/12 (OR EQUAL)
I
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II I MANUFACTURER: {fIll L~
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I --L MODEL # fit lQ.S3"z,I> ifo i 12 -Lf (rL
'-4 14" DischargePump, '0 Hp, 17~O RPM, 230 Volt, with
i ' 40' Card, Stanaard Coupiing, Must provide Claw
, IOMU # FA 10.33-213!T172 4116 (O~ EQUAL)
,
I DELIVERY _OCATION: B
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! I MANUFACTURER ---!:-pI L1
I I MODEU 'Fii-'(O, 3~ -' 2/'; f r 1"2 - It/(~
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DELIVERY LOCATION. B
QTY
UNIT
UNIT
PRICE
Pa~;)e '; ~~
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TOTAL OFFER I
4
EACH
$3"~O, '10 $14,5~I,Gjt
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EACH $3("</0, <10
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BID RESPONSE
BID # 94-043NMG
(CONTINUED...)
---~TY-'--1 UNIT r~ UNIT TOT AL OFFER
I ~ PRICE
4" Dlscnarge Pump, 10 5 Hp, 239 Impeller, RPM i 2 I E.Llef- I Sc:: r'/i/J./J1 $1(" 1:>0)/ 1ft
11740 3 Phaoe, 230 Vol', With 40 :ord Standard, I ..1, JV 77 I I,
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! 300 GPM @ 80' TDf1 I, I
'1500 GPM@70TDH,i
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850 GPM @ 50 TDH
EMU #1Q.34-239iFK 202 4/12 (OR EQUAL) I
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I DELIVERY lOCATION: A I
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I MANUFACTURER 6::"~.,.t;/
, MODEL Ii' rP-\C,L( -7.3'li f:r:':2cL 1IiL
4' Discharge Pump, 105 rip, 1740 RPM. 230 Volt,
3 Phas.e, Oil r:-iiiec!, with 40' Cord, Standard ~>aoN
",)0 G>"M @ 100' TDH
300 GPM @ 80' TDh
500 GPM @ 73' TOI-I
EMU # 10,34-249!FK 202 4112 (OR EQUAL)
i DE,NERY l.GCf.TION: A
i MIl,NUFACTURER fm!.,\
I i MCDEL# FA-ro:j'{ -1'1~ (Fk2bL '1(r1.-
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! 7 14' Discharge. 25 Hp, 1740 RPM, 230 VolL 3 Phase,
I . with 40' ~ord, New Style lifting Bail, Stardard Claw
I 200 GPM @ 100' TDH
i 1400 GPM @ ijC'TDH
: 600 GPM @ 75' TDH
i EMU #FA 10.34 258JFK 2024/27 (OR EQUAL)
.._~,.-.,.,~....--
,I ITEM DESCRIPTION
.. NO.
! 5
! DE!...;\,lERY LOCATION: A
, -NIl..
I M,'INUFACURER;_-E:.L~_____;-___
, i MODEL # fA"II)~cf ~1.s'U{t201.-'-i /2. 7 _
r----r---~-- -
18, i THIS ITEM DELETED
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6" Discharge 47 Hp, RPM 1755,460 Volt, 3 Phase,
with 40' Co'd. Must Fit EXisting FIW' Rail System
withour Modifications
, 1070 GPM @ 98' TDH
I FL YGT . CP3201/452 {OR EQUAL)
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i ! "v1ANUFACTURER ErrtiA.___
L~_!P.-6 'ifr. . ,,;!2JfK.7ili. '{I
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~15~.n- &)}t,), I
BID RESPONSE
BID # Q.4-043NMG
(CONTINUED..,)
r;TEM I DESCRI;~;~N
~~~-+----_.._-
I s 14" D;sd~~rge Pump, 3.6 Hp, ?PM 1740, Jnpeller
" 147, 3 P~ase. 230 'v'OIt,Nlth 40' Cord. S:andard Claw
: 700 GPIv! ,;1; 10' TOH
: I 400 SPM @ 20' TD~
, 1150 GPM @ 30' 10H
I EMU # FA 10,51E.147!F0172 (OR EQUAL)
I O:=L:lJERY LOCATION A
i MANUFACTURER: ];r;\\',
~ODEL # I-I'q c ~ ( f ..r~ 1-1 r:o I fL-
16" Discharge, 20 Hp, 230 Volt, 3 Phase, wIth 40'
Cord, Must F:t Existing Flygt Rail System wH.'1out
I Modifications
800 GPM@ 65' TD-i
6(10 GPM @ 78' rDH
400 GPM @ 89' TOH
FL yeT #CP3152/454 (OR EQUAL)
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MANUFACTURER [fllL,\ I
MODEL>! ';;trf<9'1-Z:4'!(Y::;c:..-i.t/?~ I I
4" D,scnarge, 10 Hp, 1740 RPM, ~08 VolI Imoeller ~II 2 I EACH
234, wol" 4(.' Cord, No Claw
420 GP~' @ 608' TDH I
336 GPM @ 66 9 TDH
I 252 GPM @ 734' TDH ,
I EMU # FA 10 34.234/FK 202 4/12 (OR EOUAL)
I
I CELVERY LOCATION' A
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MOOEL# fA rC1Y '}>'11 r:k:1.,'ll.f(rL
DElI'JER'( ,--OCAT!ON: A
2
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i:JE.g2 16
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BID RESPONSE
BID # 04-043NMG
(CONTINUED.,.)
DESCRipTION
4" Discharge PJmp, 15 Hp, 230 Volt, RPM 1740,3
I Ph~se, with 40' Ccrd, Standard Coupling, Must
provide Claw, Must eXisting E\1U 8ase Elbow/Rail
S~$tern wilhout Modifications
, EMU # FA 107.230/FO 172 4117 (OR EQUAL)
I DELIVERY I_OCA TION' B
I _
I M,o.NUFACTURER: L (\~ L;I,
I 1,1'.:)DEL # Pt'i61-~'2:SiJ J r", ,'}'L-v,(O
Discharge Pump, 10 Hp, 230 VolI, 3 PMse, RPM
1740, 160 GPM @9S'TDH, with 40' Cord, Clew must
b. proviaed Must F,t E"sting EMU Base Elbow/Rail
Syslerr w"hout Modifications
I EMU # FA 10,33.24SfTl72FX 4116 (OR eQUAL)
I DELIVERY LOCATION:
1 MANUfACTURER: ff\'l (1
I ---
I MODEL # '::/\-10 ,n-J.'(1 /I1'}L ~I(( ~
4" Discharge Pump, 20 Hp, Oil FI!led, 230 Volt, 3
Phase, RPM 1740, with 40' Curd, Standard Claw,
Must Fit eXisting EMU Base Elbow/Rail System
I without Modfficatlons
EMU /I FA 102.282/fk 202 4122 (OR EQUAL)
I' DELIVERY LOCATION: A
i MANUFACTURER e. (ll.L1
L I MODEL#. FA:'I.I"7tIJ /'(D,';n-LII<:(
I ' DELIVERY LOCATION B
I I MANUFACTlRER b'flt.;
~ ~ MODEL # _ f-klD? - 2?i2. (FbJ42 -'-(/n.-
116 4" Discharge Pump, 5,4 HI', 230 Velt. 3 Phase, with
T-R"il Coupling, Ciaw must be pmvided, Must Fit
Existing EMU 'OlbowiReil System without
Modifications
200 GPM @ 33' TOM
400 GPM @ 30 TOM
600 GPM @ 25' TDH
EMU # FA 101-170IFO 172-4/8 (OR EQUAL)
QTY UNIT
UNIT
PRice
!
TOTAL OFFER
2 EACH
2 I
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Page 17
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BID RESPONSE
BID # 04-043NMG
(CONTINUED..,)
i
F;~,~-r;;;;CR~~~~~-~ QTY 1----:;;'- UNIT TOT~L OFF,E R~I
I NO -J- I I PRiCE
F 14' Discharge -~ump, 7.5 Hp, 230 'Joll, RP\117,40, ,3 -j 2 f.. EACH $ ,I $ I U'
Phase, with 4]' Cord, Standard EMU 4' CO-Jpllng 7~ I/O _ <:; v I ':(-75,0 I
I Claw Must be provide, Musl eXI$i;ng EMU Base I
: Elbow/Rail System withOI'! ModificaUons ' I I
I EMU # FA 10,33-213/FO 172 4112 (OR EQUAL)
Ii!
I,' DELIVERY LOCATION B I' 1
- i
, I M;\NUFACTURER [-(li"t I
I f:MODEL#_1==H-IU.'S'J-ZI3 /rdr"L-U((L t~ I
I"~- O'$(;Mrge Pump, 25 Hp, 230 VOlt 3 Ph~se, RPM 2 EACH $ ;;r /~'
j 1750, Witt, 40' Coed, C'aw must be provided. Must F'it '?-l{t;.S, 'Z- 'il -1\.l"q{C.) IC
I 1 toxl5:,ng EMU Base Elbow/Rai! System .."ithout I -, ,0
I Mo<;tflcations
i EMU /I FA 10,84-~35/FK 202 4/27 (OR EQUAL) I I
, 1
i DELIVERY LOCATION 8 I I' I
I I M/,NUF'\CTURER, Eo\c\ --;:--! ' I ~JI I
~__~_V~CDEl# r.rr\O ~Lj-'222:J }-t:'2.,n 'ih4__~_J___ ------~-J
i 19, I Dscharge Pump, (,O I-Ip, 230 i/o/:, 3 Pha$e, RPM I 2 EACH $ 7 $ ~1')' JC/ Lip
i i 1740, witt, '0' Cord, Stanca.-d Cia\\ Must Fit Existing Z 1.'}L1- 1) ) '1 t>
I I EMU Base Elbow/Rail System Vtilr,Qut Modifications ~l v-
I EMU # FA 1C1-187/F0172-4/12 (OR EQUAl)
I DELI'/ERY lOc:ATION B
I MANUFACTURER, C 11'1(1
! r ' .
I MODEL#: +-A-10\'\~rJJorr2--C{((L
r:-:~'-T- , -
, 20 I 4" DI5cnarge P"mp, 5.4 Hp, 230 Volt, 1740 RPM,
f I with 40' Cord
! I EMU # FA 101-155/FO 172-4/8 (OR EQUAL)
, I
I DEliVERY LOCATIO~~B
MANUFACTURER ~1y\1,j
j MODEL If, 0\ \01- is,) / k 1--:r2 '1/':;
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'~EM
BID RESPONSE
BID # 04-043NMG
(CONTINUED..,)
I-~Q~ UNIT
TOTAL OFFER
I
I DESCRIPTION
UNIT
,
.~,
..
-' ,
, I NO, PRICE ~
r-----r
121 4" DISeraC!;6 Purr,p, 5.4 Hp, 230 Volt, RPMI 740, 2 EACH $ $ - G I
-/'2.64 33 I 0~ r j-. !; ,
I with 40' Cord ),,-, I'
I EMU # FA 104.193/FC 172 418 (OR EQUAL)
I !
I I OELlVERv L.OC"TION' B I
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I I MANUPc..CTURER: EM~ ,
I I
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! I MCDEL#J~-!c,3/(cl1'2 '1('{ I
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122 4" Glser-,arge Pump, 25 Hp: 230 '/011, RDM 1740, with 2 EACH $ S 5 ll1l,1// I
, 40' Cord .:(<;1" 1.\ ~
I
EMU /I FA 102-270 i 4 i 27 (OR EQUAL) I I ,
I
DELIVERY LOCATION: B
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MA"lU~ACTL:ReR: _E:J:~'~. I
--- I ,
r;:'A I e 2-He14 ('l...';(- I i
, MODEL # ; I i
, 23 , 4" Discharge Pump, 7.5 Hp. 230 VOII, RPM 1740, 4 EACH Isq $ q~ I
I with 40' Cord ' ,,~yO i.{ I q .;~ \- I
!
EMU # FA 104.223/FO 172-4112 (OR EQUAL) ) 1\
DELIVERY LOC'" nON: B I
I
_.t;<:n.ll\ ,
, MANUFACTURER: , I
,
,
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s
d
el
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11
to
i\
,1
I MODEL #
I
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I
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,
I
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I EACie
,
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\v
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4" Discharge Pump, 5.4 Hp. 230 Vo!t, RPM 1740,
with 40' Cord
EMU # FA 104.2081FO 172.4/8 (OR EQUAL)
$
33i)~. n
;e
=
F
I DELIVERY LOCATION: 8 .
, I MANUFACTURER r;; IY\tA.. '
I~~...:._FI-\ IOl{-'lc~/hsIYU-l/s
r 25 I 4" D'scharg€ Pump. 10 Hp, Z30 Volt. 1740 RPM, with
33' Cord
I EMU # FA 10,34.238/ FK 202 (OR EQUAL)
I DEliVERY LOCATION: B
I i MANUFACTURER 'q(h~
l___J..IIODEL II, -ill ,1'-{-2')J.".t}:1oL - '-I{i~
~
$5~3('). ~5'
$ '-:>'0'
Ie, '601, I
2
EACH
I
i
I
I
;
I
I
,
~
30,
~1cge 2D
BID RESPONSE
BID # Q.~-043NMG
(CONTINUED...)
I aTY 1- UNIT
-+-____-1
, 2 I
EACli
I
I
I
I
29
I
I
MANUF;',CTURER: D LA I
MODEL # f:r;t ( O'L- 23 2./ (*-.7-01--)( 1+ I
I 6" Disch.rg~ Pump, 25 Hp, 230/450 Vo/t, 84/742 i
AMPS, 3 Phase, RPM 1740,520 GPM @ 92' TDH, I
with 40' Cord
EMU # FA 10,84-240/ FK 202-4127 (OR EQUAL)
~ '
"liTEM I DESCRIPTION
,~O [~
' ! 26-- 4" D;~cha,g~ Pump, 75 Hp, 2~0 Vol!, RPM 1740,
! with 40' Cerd
, I' EMU # FA 104-2081FO 172 4/12 (OR EQUAL)
I .
;, ,
"I I DELIVERY LOCA,ION B
I I MANUFACTuRER __ C ~'\ l\
I ! MODEL #. O--(oy '20'3/ (-0 [}2. 1.f/r1.-
[I 27 I 4" Discharse Pump, 25 Hp, 2,30 Volt, 3 Phase, RPM
I ',740, 140 GPM @ 171' TOri, wi:h 40' Cord
, I EMU # FA 10:,-3181 FK 202 4:27 (OR EQUAL)
I DEUVERY lOCAT ON, B
I .,--'
I MANUFACTURER i;:ML:\ ,__
/i;;_-t MODEL # fRI6t-3i\!(:r7ol.L(iZ-}-
28, I 4" Discharge Pomp, 25 Hp, 230/60 Vol:, 84/42
, ,\MPS, 3 Phase, RPM 1740, 175 GPM @ 156' TDri,
I ' w't!, ~O' Cord
, '
i EMU # FA 102.282IFK 202.4/27 (OR EQUAL)
, DELIVERY LOCATiON: 8
2
-----T -~-
UNIT ,TOTAL OFFER j
PRICE i
, ,
3(,~6,'50 1$ .:f?1{1 CD I
I . I I
I ! I
' I
I I
I
i
$ - I
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10',14<.-') .
2
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751//0
I I
I I
EA~----~---i
I m IrsfrI01~(11L F I
I i ,71 I
I I
I I
2
,
i
i
i
I I
I I
$ J $ ( I
Ii ,.?C{ II \ 1 110 S'P I
1-~vJ 1\1 i
I
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I
!
I DEliVERY LOCATION: B
MMUMU~~R, ~M~ ,
'-'~--I
, MODEL #. ~i4 Iv_j;i1 - 1. Lto/ rUt> Z -- "1/-0-
I
I 4- Discharge Purrp. 15.5 Hp, 230/450 Volt, 44/22
i AMPS, 3 Phase, 1740 RPM, GPM 80 @ 78' TDH,
I wltn 4[0' Cord
I EMU # FA 107-245/ FK 202- 4117 lOR EOUALI
i "
I OELlVER'( LOCATION B
I~ cY]'
Mt..NUF/:"c'rURER: L I \ ~
! 'F ' - 1
I rvtOJ EL # -{-\ \ D}- 24') I ~(Z D ~ -- '-1, J.1::.
EACH
-~
1__-
IS 6
"' \,
I 1"7'.-/ "
I : 1\ \ ) i .
I..)' J
I ~
I
I
$ c~ ,') 1~
! i. -:.- .
I
" l
JY
2
EACH
i ,
~--~
P;;ge 21
810 RESPONSE
BID # 04-043NMG
(CONTINUED...)
i
;,'
~~M ! DESCRIPTION
'NO I
~ , -
1)1 14" Discharge Pump, 15 Hp, 2301460 Vall, 38/19
, , AMPS, RPM 1740, GPM 21C @90'TDH,with 40'
I Cord
I EMU II FA 'IO,34.248/FK 202 4/17 (OR EQUAL!
I DELIVERY LOCATlor~B
I MANI.Ji',~CTURER . -t- M l\
~___I MOOEL#. '0A-! c, :,'-i- L~ ! n::. L01!f/J.1-
I 22 I 8" Oischar~" Pump, 40 Hp, 460 VOI~, RPM 1700, with
I , 40' Cord Repl.ces HOMA AM856-360i45F
i I EMU # FA 20,541:-2591 FK 2",1.4/2 (OR EQUAL)
! I DE.NERY lOCATiON. B
I
i MANUFA ~ruR"R [M'1
QTY
UNIT
P~~gE i TOT ~~_~FF~~
, $ ~ I' $ I?:
f105, C 5 177.C(}J' V
I f;/r
I
4
EACH
1
2
EAC,-i
$ , S~ r;
f/.J b31, I', &'7 '16
r1, 1)4,2'
!
I
r:-
, '
I
I .l~ -
I /'} " qlr~ I ~'
-1 MODEL # rt ko.5;1f - 2<J ,I--f~ 2~ "'1 1- -+-i
~2, . - r 4" Discharge Pump, 5 ~ip, 230 V~~t, ; ~;lase. with :2 i Ei,CH $ "f $ - ~
' " "
i 40' Cord 3)29' / 01'7',), +
, Fl YGT # CP3 102/435 (OR eQUAL) l~ .
I Y
! ,
:
I DELIVERY LOCATiON a I I I
I MANUFACTURER: t"nnf i i
I I !
~EL#:-.ftIO,3):_lq\( /r:~JYz. -"I(r r
4, 4" D;scnarge Pump, 10 rp, 230 VolI, 3 Phase, With 2 iOACH [ $
"0' Cord 3CI?3,3~ 9Ci~& 1-0
FL YGTII CP 31271484 (OR eQUAL) I
I
DELIVERY LOCATION: 8 i I
I --- ' i
MANUFACTURER: I:: [y) [,\ ,
MODEL # , h~lo, SJ' 21'b' ;-rn'2 WI ("
6" C)ischarge Pump, 7,5 Hp, 230 Valt, 3 P'lase, with 2 I EACH $ $ y-\--
I 40' Cord 4D~~"i- X'1'1z'
I Fl yaT # CP 3127i433 (OR EQUAL) v
I D"L,VERY LOCATION: 8 I ,
I
i f(V\l-\
i MANUFACruRE,t:; I I
_I MODEL # ' .Jll-J!!.:.iL: I'll!; /
I
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I
'[;EM ! DESC~IPTION l-;;-~~'Ir UNIT
, 'NO
L ~ ,
! JE 14' DiSCh",;,; P,Jenp, 10 Hp, 230 Volt 3 Phase with 10 cAer1
40 eOl d
I Fl YGT # CP 3127J483 (OR EQUAL)
I DEliVERY LOCP,TlON B
! fv1ANUf'ACT:JRER e'ty] ~i
I MODEI_# '(1110,3'3 tl.)/Trr2,-'1;--
I . -
I 6" Discharge Pump, 20 Hp,.23C Vol!, 3 Phose, with
I 40' Cord
I Fl YGT # CP 3152/454 (OR EQUAL)
,
"1
I
I
!
i
L
iF
I
I
,
,
,
BID RESPONSE
BID # Q4-043NMG
(CONTINUED...)
UNIT
PRIC!;
2
'/ EACH
I
I
I
I EACH
I
2
2
EACH
I
I
I
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,
I TOTAL OFFER
I
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I $ .... <'~/) i)
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$ 5"
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,
$ ~ I 01,;,
3) '2-7'
~,
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,
I
I
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DELIVERY LOCATION: B I
I MMWFACTURER: [rlli.-,,____ I
I ._fMODEL#. rr+!,)'7'L-2J.{')jr::t:w2.-H,,'L,
F I 8" D1scc,erge Pump, 35 HO, 230 Volt, 3 Phase, with I'
I I 40' Cerd
! Fl YGT # CP 3201/637 (OR EQUAL) I
I DELIVERY LOCATION, B
I MANUFACTURER [fl14
: MODEL # 'FIH,o_S'i " ').'1-1
r 33. /6" Oisch.rge Pump, 20 Hp, 230 VolI, 3 Phase, RPM
i I 1740, with 40' Cord
I I Fl YGT # CP 3152/432 (OR EQUAL)
I I DELIVERY lOCATION: B
I I MANUF.Il,CTIJRER: t;:(l,{U
~ I MODElIIF!tiS,5z - 23-:;..1 Fk'Z.oZ' Lf/"~
I 40 I 4" Discharge Pump, 7.5 Hp 230 Volt, RPM 1750, 3
I Phase, With 40' Cord, 150 GPM @ 52' TDH
i FL YGT # CP 3127/485 (OR EQUAL)
I I DELIVERY LGC,A,TION: B
: i MANUFACTURER F fili-i .
L_ MODEL /I ~ 1. .. :'1:; I Fein - Lf /17..
I
-I
I
$ .: $
I) ~ '-- I ",:;
9 0 " i U U ,~.
I \ \ l
2 EACH $ <{1' 1$ 9&,'
-("Zlb /7;-2'12-
"
I I
I i
I
I
;'
;'
./
Page 2
,
!
BID RESPONSE
8ID 11 Q4,043NM~
(CONTINUED...)
!r
I
0f
.- liTEM i Df;SCRIPTION I I
OTY UNIT UNIT i TOTAL OFFER I
~~ - PRICE I
141 I 4" Discharge Pump, 7.5 Ho, 230 Voit, 3 Phase, with 2 I EACH $ $ -:11-'fI-UC I
,
I I 40' Cord, 600 GPM @10' TDH, 550 GPM @20' TDH, 3~L(6. 56 i
I ' 400 GPM @ 30' TDH I I
: I EMU #FA 104-193/ FO 17.1-4/12 (OR EQUAL) , I
I I I
I I OELlVERY I_OCA "':"ION: A , I ,
, I
I /' I
i MANUFACTURER Ffi-I{JC!-IQ3 I f-~ /12.- Lrf'l
I I MODEL # f:It1G\ - I
~ 4" DISCharge Pcmp, 10 Hp, RPM 1740, 230 \/olt, 40' 2 EACH ~YO'6 61- $ I
I CO'd, Standard Coupling, Must fit existing elbow and ~\11\~,
I rail system ..ithoul modiiication, Claw Must 8e
I PrO'/Jded.
I EMU tlFA 104.23317/72-4/16 I
I I
- i
i DELIVERy LOCA TlCr,: 8 I
, I
I I MANUF,4CTURER!:::I'1L., I .I
I 1 I
, I
, I MODEL # 'F(4ltL{~731 /-rJ..11.:~L 1
[ 1--_
/
r
J
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r * PLEASE AFFIX SIGNATURE WHERE INDICATED - -I
I (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID)
I 8y S'9,latvre on Inis docurrent, bidoer acknowledges and agrees that rts offer includes and accepts all terms, cond,tions.
",nd specifications of the COll~ty'S bid SOlicitation as Oli9i~'al/y published. withoul exception, change or alteration of any
~"nd, except as may have been publlshee by the County In offiCial amendnents pr'o' to thiS dale of subm!ttal. '
I FiRM NAME: (I':nl$' the entire legM nam. of lh$ bidding en lily) { DATE I
f ~!l,clJ- 2",,,,"!f5:Zc I f/.26/0f I
I /l V PRINT NAME ?f',l!.Jc; '.)::b'AboJiO//ce ~
' ~ SiGNATURE/_ ~ ,0 PRINT TITLE: A::~f ;t;;/ft-'tJu.
2<:1'1" "'0)y,'-" .lfwj
ADDRES,,: ( F- ,...., I
I CITY I STATE I/c7fj;t,,:t2. { ';C( ZIP CODE 3'3 <lQ:;-- _
rTELEPHONE # (s"(('i -j ~ $'q.. Yl-'t;, 1 E.MAIL E~;t<- Q :"/A-"'i*PM') r "",,,, I
I TOLL FREE # (/5(< ) ~'l.>- ~-316 i FAX#:(5' I~) 1of'1~ C 5'.:;. I
' APPLICABLE
LlCENSE(S) I
I NUMBER # TYPE:
I FEDEKAllD # 5'7' 2/0 - Z Cj g .3
I
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.2
AGENDA ITEM REQUEST FORL
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetine: Dates in to Citv Clerk's Office
0 December 7, 2004 November ]5, 2004 (Noon.) t8:J February 1, 2005 January 17,2005 (Noon)
C Dccember 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)
D January 18, 2005 January 3, 2005 (Noon) 0 MaTch 15,2005 February 28. 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF t8:J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve the "SURPLUS VEHICLEIEQUIPMENT LISTS" thirty two (32) items
as submitted by Public WorkslFleet Maintenance aud allow for the sale of same.
EXPLANATION: Procuremeut Services has reviewed the "SURPLUS VEHICLEIEQUIPMENT LISTS" thirty two
(32) items as submitted by Public WorkslFIeet Mainteuance Division (see attached Memos# 04-201 & #05-01).
Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be
auctioned and generate revenues to the Fleet Maintenance Funds.
"
Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. ;~; n ~
,..1 :~-<
'-- -, -
PROGRAM IMP ACT: The disposal of surplus vehicles/equipment will provide inventory control main~anc.(!#d
allow for receipt of revenues through a process monitored by Procurement Services. ,::.:. 0::J
W i~~'~
FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed 41 the-Fleet
Maintenance Fund in the following account: ::g: ':.: C;
Revenue Account No. Account DescriDtion .c- ~~ Z
501-0000-365-01.00 Sale of Surplus Equipment -"g:;
c;, ,,:to>
;11~
costs that ciliild
ALTERNATIVES: Maintain the vehicles/equipment in
conceivably impact operations due to down time for repairs.
~~
Mary Munro
Asst. to the Finance Director
inventories with high maintenance
~C'M~'S'
Ity anager sIgnature
Procurement Services
S:IBUIlETlN\FORMSIAGENDA ITEM REQUEST FORM,DOC
C: Jeff Livergood - Director of Public Works
Tim Calhoun - Fleet Administrator
File
TO:
THRU:
FROM:
SUBJ:
DATE:
PUBLIC WORKS DEPARTMENT
MEMORANDUM #05-01
Mary MUllio, Assistant to Finance Direetor
Jeffrey Livergood, P.R, Director of Public Works ,,\(lv
Chris Roberts, Deputy Director of Public Works ~
Tim Calhoun, Fleet Administrat.91C
Surplus Equipment ( ,
January 4, 2005
'lED
JAN 1 I 2005
'~~~SERvrCES
~~-_.,.'"
The resources listed in this memorandum are surplus, Each unit is scheduled to be replaced with a
new, updated vehicle or are a fleet reduction, We request the approval ofthe City Commission to sell
these exeess resources through local auction or sealed bids when the new vehicles arrive.
ID # Make
59 Volvo
510 Ford
735 Ford
812 Ford
838 Ford
4020 Ford
Year
1999
1998
1997
1997
1995
2000
Model ~
Automated Refuse Truck
Taurus Station Wagon Car
Taurus Car
Taurus Station Wagon Car
Ambulance Van
Crown Victoria Car
Vin#
4VLDBKHE2XN766468
1 FAFP57U4WA184508
1FALP52U5VA201485
1FALP57U9VA201479
1 FDKE30F2SHA677 47
2FAFP71W6YX161313
Condition
Ext. Poor
Fleel Reduction
Fleet Reduction
High Miles
High Miles; Poor
High Miles
PUBLIC WORKS DEPARTMENT
MEMORANDUM #04-201
TO: Mary MUillo, Assistant to Finance Director
Jeffrey Livergood, P,E., Director of Public WorksY\2J
Chris Roberts, Deputy Director of Public WorksCA2--
Tim Calhoun, Fleet Administrator~
Surplus Equipment
THRU:
\i:n
lh~ ~
DEL 2 1 2004
FROM:
PROG~i SEllV~E~_
SUBJ:
DATE:
December 20, 2004
The resources listed in this memorandum are surplus. Each unit is scheduled to be replaced with a
new, updated resource, We request the approval of the City Commission to sell these excess resources
through local auction or sealed bids when the new vehicles arrive,
ID # Make Year Model ~ Vin# Condition
3714 Chevy 1997 Lumina Car 1 G8ED18J5GF190022 Fair
3716 Chevy 1997 Lumina Car 1 MEPM6245PH665542 Fair
4022 Ford 2000 Crown Victoria Pursuit 01486 Poor
4120 Ford 2001 Crown Victoria Pursuit 2FAFP71W91X155964 Poor
4121 Ford 2001 Crown Victoria Pursuit 2FAFP71W21X155966 Poor
4123 Ford 2001 Crown Victoria Pursuit 2FAFP71W11X155957 Poor
4124 Ford 2001 Crown Victoria Pursuit 2FAFP71W31X155958 Poor
4125 Ford 2001 Crown Victoria Pursuit 2F AFP71 W11 X155960 Wrecked
4127 Ford 2001 Crown Victoria Pursuit 2FAFP71W01X155965 Poor
4128 Ford 2001 Crown Victoria Pursuit 2FAFP71W61X155968 Poor
4129 Ford 2001 Crown Victoria Pursuit 2FAFP71W81X155972 Poor
4702 Ford 1997 Crown Victoria Pursuit 2FALP71W3VX143284 Fair
4905 Ford 1999 Crown Victoria Pursuit 2FAFP71W8XX182145 Fair
4906 Ford 1999 Crown Victoria Pursuit 2FAFP71WXXX182146 Fair
0123 Ford 1997 Taurus Car 1FALP52U3VA201484 Fair
0088 Mack 1995 Rear Loader 1 M2P264C6SM018090 Poor
0520 Ford 1995 15 Pass Van 1FBJS31HXSHB14780 Fair
0521 Ford 1995 15 Pass Van 1FBJS31HXSHB15296 Fair
0522 Ford 1995 15 Pass Van 1FBJS31H3SHB15303 Fair
8551 Suzuki 1997 Jet Ski Poor
8554 Suzuki 2003 ATV LT-A400FK3 5SAAK46K-6371 08152 Fair
8527 Toro 1998 Riding Mower 80406 Poor
0157 GMC 1990 1 Ton Pick Up 1GTHC34K6LE539012 Fair
0114 Ford 1994 1 Ton Utility Truck 1 FDLF47M4REA31727 Poor
0110 Ford 1994 '/. Ton Utility Truck 1 FTHF25HXRNB52881 Poor
0103 Chevy 1998 5-10 Blazer SUV 1 GNC513WOW2270301 High Miles
s::~ 0, I"
7;1 ~ I",U
,- ,r /~'
VrOI~e'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtn
VI.-CONSENT AGENDA
ITEM 8.3
Requested City Commission Date Final Form Must be Turned
MeetinQ: Dates in to City Clerk's Office
Requested City Commission
Meetintz. Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 7, 2004
0 December 21, 2004
0 January 4,2005
0 January 18,2005
December 6, 2004 (Noon)
[gj February I, 2005
o February 15,2005
o March 1,2005
o Marcb 15,2005
January 17,2005 (Noon)
November 15,2004 (Noon.)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14, 2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
t8:J Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
D UnfInished Business
o Presentation
RECOMMENDATION: A motion to approve a piggy-back of Collier County, Naples, Florida, Bid #02-3350 with
U.s. FILTER WASTEWATER GROUP, INC. of Po way, CA to purchase two (2) Bio-fIIters, whieh are used for odor
control in the wastewater collection system in the amount of: $68,250.00 each for a total of: $136,500.00. 3
c:::J -::...<
U1 --,
EXPLANATION: The Utilities Department would like to purchase two (2) 1000 CFM bio-fIIters odor cont(!!l unitO~r
Master Lift Station #309, located at: NW 19" Avenue and Seacrest Blvd., and Master Lift Station #31~ca~t
Boynton Beach Blvd. West of Congress Avenue. The purchase price includes delivery, off-loaded, initial stalot uif!ltill
warranty. The City will supply piping, electrical and water. u:> c'",;;,
--,
-0 coo
CONTRACT PERIOD: August 1, 2004 to July 31, 2005. :]': c:>-z.
~ ~O:J
.- _f1'i
PROGRAM IMP ACT: The Division already owns and maintains the operation of two (2) nnits at Master LiftJl;lati~
#316 and #319. The installation and operation of these two units has been very successful. Multiple complailft's from:t:
the residents in the Village of Golf, that border Master Lift Station #316, have been reduced to zero since the unit
went on line. The same results have been documented at the second site Master Lift Station #319, located on Miner
Road and Lawrence Road.
FISCAL IMPACT: Cost per unit is: $68,250.00. Knowing the effectiveness and efficiency of these units it would
behoove the City to purchase these two (2) units to effectively cut odor within residential neighborhoods.
ACCOUNT #: BUDGETED AMOUNT:
401-5000-590-96-04 SWRI02 (BIO-SCRUBBERS) 36,500.00
~L~D
A islant to the Finance Director
Procurement Services
Department Name
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
c: Nem Gomez - Acting Utilities Director
File
Memorandum
Utilities #04-145
From:
Bill Mummert
Finance Director
Nem Gomez (fj)
Interim Utility Director
~,er~~
., !l; ''''" ~;: rv r D
. JAN I 2 2005
H';:;)CI -
. . '[ . 'iCEs
To:
Date: December 20, 2004
Subject:
"Piggy-Back" Collier County Contract #02-3350
Standardization of Biofilter Odor Control Units
The Utility Department would like to "piggyback" the Collier County contract for
Biofilters, which was awarded to U,S, Filter. The contract agreement ( and pricing
of $68,250.00) was renewed August 1, 2004, and will continue to July 31,2005.
This contract was for the purchase of Biofilters, which are used for odor control in
the wastewater collection system,
The Wastewater Pumping Stations Division has funding in their Capital
Improvement Program budget to purchase two 1000 CFM Biofilter Odor Control
units for Master Lift Station #309, located at NW 19th Avenue and Seacrest
Boulevard, and Master Lift Station #317, located on Boynton Beach Boulevard,
west of Congress Ave,
The Division already owns and maintains the operation of two units at Master Lift
Stations #316 and #319, The installation and operation of these two units has
been very successful. Multiple complaints from the residents in the Village of
Golf, that border Master Lift Station #316, have been reduced to zero since the
unit went on line. The same results have been documented at the second site,
Master Lift Station #319, located on Miner Road and Lawrence Road.
Upon approval and purchase, the two units will be delivered, off-loaded and initial
start-up and warranty will be included in the purchase price, The City will supply
piping, electrical and water. The total cost for the purchase of the two Biofilters is
$136,500.00_ Funds are available in account number 401-5000-590-96-04
SWR102 (Bio-Scrubbers).
Please present this request at the next City Commission meeting for approval. If
you have any questions contact me at ex!. 6403 or Tony Lombardi at ex!. 6421
Enclosures
cc: Barb Conboy
Tony Lombardi
Jim Hart
File
\\Fs-util-admin\gomezns\memo _12-20-04 _biofilterodercontrolunits _ ng.doc
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1lS'/IIe,
A Stemens alJ$in~H.
RJ IlN\III<<lNMI!NT Ai. PROOUCTS
1a100 Gr\~0C STREET TELEPHONE ~ 401;J.B500
r>(Y>/VAY, CA _ FACSIMILE at> <18$'8501
JartIJDIY 12. 2005
Mr, AnIt100y LOmbardi
Cfty of 80)'11100 s-h
124 E. WOOllltIght Roecl
~ton Beach; Fl. 33436
FIlX: 561-742-em
RE: BOynton eeacn Odor .Conltol PtoJed\l
PiQO)tl8Ck onlO ColUIIt CoiH!ly'8 Contract fi02-3350
FlJE Fl. No_ M04-2811
Deer Mr, lombardi,
Th8l1k ytlU very much fo( ~Idei1IlgU8Fl""" Bioftller (ZABOCS"') odor cootrol 8y&lerm (Of' the City of loynton
IillNl<itJ'. gdcr ""n!lOt projects:
In Older to ..1l;Ibli$I\ film /lilting ~ to eliminate the need to negotiale new Icrrn$ and oondffiotll, ~ 'iIlefIRJ
t!invlrornnenlalls,,1III'1f1g to OlI'er ~ City of Boynton, 8ell<llI tile oppOrt;Jnlty l() ptggyb8ck onto our exi8\!, S direct
procun.ment Clll'lb1lct wflll CIlJIlerCwnty, Fl (Contreoll102-33lSO "StancardlZ8tion of BIofiII&r Odor Contn: UnitS'),
induding any chang. lncorpQrale4ll1rKle Inlti* (lOll""'" 8XtalUon,
Aa II 18IIder In ,lhe lTliJrncJpal W8~....bIt m8rk81, USFlIter/RJ En\'lfOnmen181 _ pruvenby Collier C. mly, Fl
and 11M ltR~lng COl18"nt 'ltl" be the mO$I ClOIl'effeclli..... and 8tabl8 "'4lPlier of odor <<lfltrol sy$telT .. Aa 8
rellUll, 111_ oonlnicth.. alImoted 118 10 pro.vtdelllem with 0_' 3ObIoIilwr unibo whlCl1 eff1Jotively roouoe I IlIrogoo
1ul!1<le odQra,..t m..ny IlftIpumjl8t~ ll'IrOugtlout their county.
We appred8l8your tn!lIreallri dew."lr"'lI the _.ucceeafuI I'OllIlion8hIp 88 we hovo WllII CollIer Coull!) an<! we
look fbrwetcllo,pn:M(tIOO Ihe en.~ leQhnology 11I1O eupporl services to ~ munk::lpdy lIS well.
If you shook:!)")II nave 8I1Y~ ooncemlOQ this IlOOIr/lot, Please do not hes~at\l \D COI11ac1 me at (~ 5) 712.
7082 or via myC8ll P/1OIle at (267) 218-4334,
Slno9rely yours.
~S'~l~
Thorn.. S. Mt1i18
S.... 'Mgr - Elle!eo'>' US
USF1lter RJ,El'1V1ronmeIItaI
ec: Mr. D*YIiIMcC8Ia,USFil!lft
MrlI, LOrI AdttIman. USFIlIet
Apr-07-04
II :47
From-CollIer County Purchasini
941 132 0844
T-841 POOI/OOI F-086
';\ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
AdU;r;ii'straiT;';e-S~NicesIjivi'sion PURCHASING BUILDING
NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 732-0844
bttp;//coUiergov.net
April7,2004
Roop C. Jain
U.S. Filter Waslewater Group, fnc, d/b/a
U,S, FillerJRJ Environmental
13100 Gregg Streel, Suile 8
Poway, CA 92064
FaX#: 858-486-8501
RE: Contract #02-3350 -."Standardization of Biofilter Odor Ganlml Units"
Dear Mr, Jain:
Collier County has been under Contract wilh your company for the referenced service for lhe past year. The County
would like to renew this contract for one addillonal year in accordance with the renewal clause i~ the agreement.
If you are agreeable to renewing the referenced contract, please indicate your inlentions by providing the appropriale
informalion as requested below: '
v/
I am agreeable 10 renewing lhe present contract under the Same terms and conditions
as the existing contract.
I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, lhls letter (upon your signing and relurn) will suffice as the contract and will
be consummaled upon receipt of a County Purchase Order for this renewal period, commencing August 1, 2004 and
ending July 31, 2005, Also, please provide an updated certificate of insurance for our files.
Your prompl attention is urgently requested,
0844 with your response by April 21. 2004,
Please return this letter to lhe Purchasing Department via fax to 239-732-
Very truly yours, j
~oo~'::
~~;';i~9 Agent
Acceptance:
-~~~~., ,~. -.
71 ContractorNendl'r;_. ~ . _ L_ _.c 7'
( U.S. p,l-/<r '-'~<-<-<'\ Cl.-G'VP'_-I'>'- j'
~ By d7b/4 VI, S.H //e'r /R:F Env/'OnI-Nty{..J/
Signature
Roop Chand Jain, General Manager
Typed Name and Title
/Ipr-; / /7, :JOt) '/
Date
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING
NAPLES, FLORIDA 34112
(289) 732-2667
FAX (289) 782-0844
OCT 4 /.002
http://co.collier.fl.us
September 30, 2002
Roop C. Jain, Vice President/General Manager
U,S, Filter Wastewater Group, Inc.,
D/b/a U,S,Filter/RJ Environmental
13100 Gregg Street, Suite B
Poway, CA 92064
RE: Contract #02-3350- "Standardization of Biolfilter Odor Control Units"
Dear Mr. Jain:
I am pleased to enclose your copy of the fully executed contract for the subject project.
Congratulations on the award of this contract. If you have any questions, please do not
hesitate to contact me at 941-732-2667.
Sincerely,
~!.~P:l
Purchasing Agent
AGREEMENT
THIS AGREEMENT, made and entered into on this 6th day of June, 2002, by and between
U.S, Filter Wastewater Group, Ine. d/b/a U.s. Filter RJ Environmental, hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
August 1, 2002, and terminating on July 31, 2003,
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods, The County shall give the Contractor written notice
of the County's intention to renew the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect,
2, STATEMENT OF WORK. The Contractor shall provide BiofiIter Odor Control units,
field tests, inspection and start-up in accordance with the terms and conditions of the
specifications of RFP #02-3350 and the contractor's proposal (Cost Proposal No. M02-
023 dated May 3, 2002) herein referred to and made an integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal. Any county
agency may purchase products and services under this contract, provided sufficient
funds are included in their budget(s).
4, NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed by registered or certified mail, or by facsimile or email to the Contractor at the
following Address:
Roop C. Jain, Vice President/General manager
U.s. Filter Wastewater Group, Inc. d/b/a U.S. Filter/RJ Environmental
13100 Gregg Street, Suite B
Poway, CA 92064
Page
All Notices from the Contractor to the County shall be deemed duly served if mailed by
registered or certified mail, by facsimile or email to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification, All notices under lhis Service
Agreement must be in writing,
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
6. PERMITS: LICENSES: TAXES_ In compliance with Section 218.80, F,S., all permits
necessary for lhe prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor, The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U, S, Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, lhe County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
2
operation during the suspension period until the violation has been corrected to the
satisfaction of the Counly,
8, TERMINATION. Should the contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminale said agreement immediately for cause; further the County may terminate
this Agreement for convenience with a seven (7) day written notice. The County shall
be sole judge of non-performance, If County cancels this Agreement for any reason
other than contractor's breach, County shall promptly pay contractor for work
performed prior to cancellation and any other direct costs incurred by contractor as a
result of such cancellation,
9, NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin,
10, INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability, This shall include Premises and Operations; Independent
contractors; Products and Completed Operations and Contractual Liability.
B, Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership,
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
3
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
11, INDEMNIFICATION. The ContractorNendor, in consideration of One Hundred
Dollars ($100,00), the receipt and sufficiency of which is accepted through the signing
of this document, shall hold harmless and defend Collier County and its agents and
employees from all suits and actions, including attorneys' fees and all costs of litigation
and judgments rendered therein, asserted by any third party for personal injury or
damage to tangible property, to the extent such injury or damage is caused by the
negligence or other wrongful conduct of ContractorNendor in the performance of
this contract or otherwise completing the work performed thereunder. This provision
shall also pertain to any claims brought against the County by any employee of the
named ContractorNendor, any Subconlractor, or anyone directly or indirectly
employed by any of them. The ContractorNendor's obligation under this provision
shall not be limited in any way by the agreed upon contract price as provided in
Section 12 of this Contract or the ContractorNendor's limit of, or lack of, sufficient
insurance protection, The first One Hundred dollars ($100.00) of money received on
the contract price is considered as payment of this obligation by the County.
This seclion does not pertain to any incidenl arising from the sole negligence of Collier
County,
12, LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE SET FORTH IN SECTION 11 HEREOF,
CONTRACTORNENDOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES. AND
CONTRACTORNENDOR'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR
USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE UABILITY IS BASED ON
CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
13. WARRANTY. Subject to the following senlence, ContractorNendor warrants to County that the
Equipment shall materially conform to the description in ContractorN endor' s Documentation and shall
be free from defects in malerial and workmanship. The foregoing warranty shall not apply to any
Equipment that is specified or otherwise demanded by County and is not manufactured or selected by
ContractorNendor. as to which (i) ContractorlVendor hereby assigns to County, to the extent
assignable, any warranties made to ContractorNendor and (ii) ContractorNendor shall have no other
liability to County under warranty, tort or any other legal theory, except as provided for in Section 11
above. If County gives ContractorNendor prompt written notice of breach of this warranty within 18
months from delivery or 1 year from equipment acceptance, whichever occurs first, except in the case
of the vessel which is 10 years from date of delivery, (the "Warranly Period"), ContractorNendor shall,
al its sole option and as County's sole remedy. repair or replace the subject parts or refund the purchase
price therefor, Media is guaranteed for two years. If ContractorN endor determines that any claimed
breach is not, in fact, covered by this warranty, County shall pay ContractorNendor its then customary
charges for any repair or replacement made by ContractorNendor. ContractorNendor's warranty is
conditioned on County's (a) operating and maintaining the Equipment in accordance with
ContractorNendor's instructions, (b) not making any unauthorized repairs or alterations, and (c) not
4
being in default of any payment obligation 10 ContractorN endor. ContractorN endor' s warranty does
not cover damage caused by chemical action or abrasive material, misuse or improper installation
(unless installed by ContractorNendor). THE WARRANTIES SET FORTH IN THIS SECTION ARE
CONTRACTORNENDOR'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO
SECTION 12 ABOVE. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANT ABU-ITY OR FITNESS FOR PURPOSE.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Wastewater Collections Department,
15, COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #02-3350 Specifications and
Addendum/Addenda.
16_ SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners,
5
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written,
ATTEST:
~ght E. Brock, Clerk of Courts
_. ,:~.- C ~ '."",~"
,~;; '&;/;;.;'",-.J"~~,. . ,t AJJe
,Dated: '. d:J.~)J:>--
'" (SEAL)
'<~ttes~. IS' to Cha Ir'IlIn' s
s1vnllture only_
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Jam
First Witness
U.S. Filter Wastewater Group, Inc. d/b/a
U.S. Filter/RT Environmental
~~'
By: \ Sl~)
Signature
(4: ~h-___
Lori A. Adelman
iType/print witness name I
4lnnL ~~
econd Witness J
Roop C. Jain/Vice President/GM
Typed signature and title
Robin L. Rogge
IType/print witness name I
Dated: 09/19/02
Approved as to form and
le~~pnq:_)/ ~
Robert Zachary
Assistant County Attorney
CORPORATE SEAL
(corporations only)
6
EXHIBIT A
SUPPLEMENTAL TERMS AND CONDITIONS
1. This is a Purchase Agreement, as well as a Service Agreement, and codifies lhe
standard of Biofilter Odor Control Units as approved by the Collier County Board of
County Commissioners on June 6, 2002, Agenda Item 16E2, The standard shall remain
perpetual unless changed or rescinded by the Collier County Board of County
Commissioners.
2, It is acknowledged that technology for biofilter odor control units may change in the
future and prices for biofilter odor control units, media, and other accessories other
than those listed on Exhibit B hereto shall be negotiated between the parties. Prices
shall be held for a minimum of two (2) years before being renegotiated,
3. Individual purchases may be made on a blanket purchase order with work orders for
each purchase. Work Orders shall be in the form of Exhibit C.
4_ Additional services may be requested and priced on a lump sum basis or an hourly
basis as negotiated by the Contracl Manager and the vendor.
5_ Equipment and services excluded from ContractorNendor's supply are as stated in
referenced Cost Proposal (Items 1, 3, 4 & 5), Item 2 - Equipment package unloading
and setting on pad to be performed by ContractorNendor. Mechanical installation by
ContractorNendor includes final on-site system assembly and general preparation of
the system for opera lion. It does not include any concrete or utility tie-in work.
t!,/: (
, I
!PI;p /D Z-
, I
7
:)IE
EXHIBIT B
PRICING
Pricing valid from August 1, 2002 through July 31, 2004
''''~''''''''''''''- ,B"-""~04h~ c..st'""'_,,
'1flI!~"1i.:.l'ft, .l~:tB'tIti:fU"'111"O';T" ,....~~!",.IIi,. 'i;'j', .:":\,i!'"",.'<
"..,..,........"',""'''''_.~,,,... "
, <'.,"',~...".~~~~
500 cfm Biofiltration System
$40,500,00
350 cfrn Biofiltration System
$31,000.00
250 cfm Biofiltration System
$31,000_00
100 cfrn Biofiltration System
$31,000,00
50 cfrn Biofiltration System
$31,000.00
2B-30 Biofiltration System
$7,000.00
8
EXHIBIT C
WORK ORDER #
To U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental
"Standardization of Blofllter Odor Control Units"
Contract #02-3350, Dated August 1', 2002
This Work Order is for the purchase field testing, inspection and start-up of a biofilter odor control
unit, subject to lhe terms and conditions of the Contract referenced above, for work known as:
Unit:
Schedule of Work: Design submittals requirement is waived, Equipment to be delivered within 13
weeks of ContractorNendor's receipt of work order or notification of release for fabrication,
Compensation:
In accordance with Exhibit B of the Agreement, the County will compensate the Firm as follows:
$
Any change made subsequent to final department approval will be considered an additional service
and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement.
PREPARED BY:
Kevin Rafferty, Odor Control Specialist
Date
APPROVED BY:
Date
Joe Cheatham, Wastewater Director
ACCEPTED BY:
Date
U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter/RJ Environmental
9
n.1.511....rO,^
u/.1.U/(....VV(.... ":l.vv
.l"""l"\V.L:.
",,,
B.Li:)U....l.o'^
ACORD~ ,-- I
CERTIFICATE OF LIABILITY INSURANCEPaqe DATE
1 of 2 09/18/2002
1 PRODUCER 877-945 7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
W~~li. Nortb Amer~c., :Inc. - ~~~ona2 Ccrt Center HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century BJ.vd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. o. BQx 30.5191
Na.hv.i.~J... :rN 372305191 INSURERS AFFORDING COVERAGE
INSURED USF~2to~ Corpo~.tion INSURER A: CO_':ClO and Xndu.t.... J::n.ur~.,. Comoanv 1.9410-001
40-004 Cook St~oet lNS\JH1::H~: TraVeler. lndemn.i.'t" co. o~ :n.l. 25674-004
Palm De..rt, CA 92211
INSURERC: The Traveler. Inlllurance Co-._u 39357-002
INSURER D:
, INSUHt:Ht:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOlWITHSTAND1NG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEAelN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POL.ICIES. AGGREGATE UM1TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
!I,N~R TYPE 01' INSURANCE POL.ICY NUMBER p~..L.).~~J.:;f.fR:V~E POUCY EXPIRATION UMlTS
A fJLENERAL UA81UTY GL41777'J8 3/1/2002 3/1/2003 I::A(,;HQ(,;(,;UHHI:NU: , L 000, noo
X OOMMEAC~L.GENERALU~LITY ARE OA.MAGE (f4rlu cnetrel . 1,000 000
I CLAIMSMADE [i] OCCUR MED EXP 'A!'1u one .....~OI'I' .
I- fJt:HS:)NAl to AUVINJUHY . 1 ono 000
I- GENERAl-AGGREGATE . 5.000 000
nN1.AGG~n~~ APnPER: PRODUCTS. CQMp.op AGG . 5 000 000
l-'UU(,;Y ?M' L.OC
B L-!!!TOMOBILEUAsrUTV TC2JCAP-419Jl647TIL02 3/1/2002 3/1/2003 COMBINED SlNGL.E UMIT
(Eaaccidenl) . 2/0001000
B eX ANY AUTO TC2ECAP-419J16S9TCT02 3/1/2002 3/1/2003
B I- ALLOWNt:.UAUIOS TRJCAP-41'JJ1611TIL02 3/1/2002 3/1/2003 800rl Y INJURY
(Perper8Ol1) .
I- SCHEDULED AUTOS
I- H1REOAlfTOS BOOIl Y INJURY
(p"-llcciQenl) .
- NON.()WNt:.UAUIQS
- PROPERTV DAMAGE .
(peraccioenl)
~RAGEUA"UTY AUIOONlY.I::AA(,;(,;11J1:N1 .
ANVAUTO OTHER THAN EA ACe .
AUTOONL.V: AGG, $:
EXCESS UA81LITY tAGHOu;uHHt;N(,;t:. I.
5~CUR 0 CLAIMS MADE AGGREGATE .
.
=i ~W(';lltll .
RETENTION . .
WORKERS COMPENSATION AND ~419J4293T~L02 3/1/2002 3/1/2003 x'lr A lum.
c
EMPL.OYERS'L.lA8IUTY 1.000nno
C TC2JUB41'JJ4441TIL02 3/1/2002 3/1/2003 t:..Lt:.AUiIlUUlJt;NI .
E.L DISEASE. EA EMPLOYEE . 1 000 nnn
E.L DISEASE. POLICY LIMIT . 1 .onn non
OTHER
DESCRIPTlON OF OPIi.RATlON"'LOCATlONSNEHlCL.IESJEXCLUSION6 ADDIiD BY liNDORSEMENTISPECIAL. PROVISIONS
ADDITIONAl. NAMED :INSURED: PROCESS WAST&:NATSIt
Cc1.1.i.er Coun~y Board of County C~..ioner. are included aa AcicU.t:.i.onal Insured as relSpec1:e ~he
General L~ability P01.~CYI .. t:.h.ir i.n~.rest:. may a.ppear.
I.. . C N~, n._".o - S _'n --d .i".~al1a"" . of \..' 1.0,_': --, od-- -0- -, ..'V..t:.e.....
CERTIFICATE HOLDER I X I ADDITIONAL INSUREO' INSURER L.ETTER; CANCELLATION
SHOUL.D ANY OFiHEABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION
OAT. THEREOF, Tl-lE ISSUINC INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CEfiTlACATE HOLOER NAMED TO THE LEFT, BUT FAlL.URE TO 00 SO SHAL.L
Co~~i.r County, FL. IMPOSE NO OBLIGATION OR UA8ILlTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn: 1<<-. Lyn Wood REPR&SENTATlVES.
Purchasing De~art.ment A/h:D7/Jfm;
3301 Ta=d~ r~~, East -
N&P~18. , FL 34112
ACORD 25-S (7/97)
Col1.=5465S5 Tpl:84633 c~rt:21B7B99
I:> ACORD CORPORATION 1888
~~"'6A'''' ..........
-..J,"'V' ,,-VV,,- -::t.VV
rn\",ll...
~, v
'~.L&J,A \.A ..........
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by tbe policies listed thereon
ACORD 25-9 (7197)
Co11:546555 Tpl:84633 cert:2187899
.~"'O..". ........
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ENDORSEMENT
This endorsement. effective 12:01 A,M., 03/01102 forms part of
Policy No. UL4177798
issued to: UNlTED STATES HLTER CORPORATlON
By;
COMMERCE AND INDUSTRY INSURANCE COMPANY
ADDITIONAl, INSURED - RY CONTRACT. AGREEMENT OR PERMIT
Under SECTION II - WHO IS AN INSURED, paragraph 5. is added as follows:
5. Each of the following is also an insured;
a. Any person or organization you are required by a written contract, agreement or
pennit to name as an insured but only with respect to liability arising out of:
1. "work perfonned" Or being perfonned by or on behalf of the named insured.
2. premises owned, rented. or used by you.
3. equipment rented, leased, or used by you.
b, This insurance does not apply unless the contract, agreement or pennit is made
prior to thc "bodily injury" or "propcny damagc",
c. This insurance does not apply to the rendering or failure to render any
professional services.
d. This insurance is primary if that is required hy the contract, agreement or pennir.
e, The limits of Insurance provided on behalf of the Additional Insured are not
greater than those re.quired by stich contract.
All other [enDS and condi[ions remain the same.
,.',"',',,',,",,',',,',',,',',,',"',',',',',',,',',,.,.,".'.,',.,"',.,'"
.illI~I!:;:i.:I.
AUTHORIZED REPRESENTATIVE
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VI.-CONSENT AGENDA
ITEM 8.4,
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must he Turned
Meeline: Date,s in 10 City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 7. 2004 November 15, 2004 (Noon.) t8:J February 1,2005 January 17,2005 (Noon)
0 December 21 , 2004 December 6, 2004 (Noon) 0 February 15,2005 January-:3'l, 2005 (Noon)
0 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 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF t8:J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 AnnoWlcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A motion to award the "SENIOR CENTER PHASE III RENOVATION" BID #008-2413-
05/JA to: CEM ENTERPRISES, INC. of Apopka, Florida in the amount of $428.000.00 plus a 15% coutingeucy to be
included for a total of $492,200.00.
EXPLANATION: Ou November 30, 2004, Procurement Service received and opeued two (2) proposals. The proposals
have been evaluated by our design consultant, CH2M lllLL, as well as our Engineering Department, and it was
determined that CEM Enterprises was the lowest, most responsive, responsible bidder who met all specifications.
David Stump, Project Manager concurs with this recommendation (see memo #05-002).
PROGRAM IMPACT: The purpose of this bid is to reuovate the Senior Center, to include the installation of two
restrooms, kitchen, art room and conference rooms - approximately 3000 square feet: The Senior Center is located
at: 1021 South Federal Highway, Boynton Beach, Florida.
FlSCAL IMPACT: The funds are allocated in tbe FY200412005 budget as follows:
Account Description
Building Improvements
Account Number
302-4111-582-62-01
EXDenditure
492'20~
~ n~
Ci anager's SIgnature
~~
ssistant to the Finance Director
Procurement Services
Department Name
CC: David Stump
Jeffrey Livergood
Carol Kribs
Project Manager
Public Works Director
Administrative Secretary
Central File
File
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C
File
1 RESOLUTION NO. R04-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE A WARD
5 OF BID NO. #008-2413-05/JA FOR SENIOR
6 CENTER PHASE III RENOVATION IN THE
7 AMOUNT OF $428,000.00; APPROVING AN
8 15% CONTINGENCY IN THE AMOUNT OF
9 $64,200.00 FOR A TOTAL PROJECT BUDGET
10 APPROPRIATION OF $492,200.00;
11 AUTHORIZING THE CITY MANAGER TO
12 EXECUTE CONTRACT DOCUMENTS; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on November 30, 2004, two (2) competitivc bids were
16 receivcd, opened and reviewed by Procurement Services, for renovations to the
17 Senior Center; and
18 WHEREAS, the City Commission, upon recommendation of staff, deems it
19 to be in the best interests of the citizens and residents of the City of Boynton Beach,
20 to award this bid (#008-24IJ-05/JA), in the amount of $428,000,00, to CEM
21 Enterprises, Inc., as the lowest, most responsive, responsible bidder who meets all
22 specifications;
23 WHEREAS, the City Commission, upon recommendation of staff, deems it
24 to be in the best interests of the citizens and residents of the City of Boynton Beach,
25 to approve a fifteen (15%) percent owner's contingency in the amount of $64,200.00
26 for a total project budget appropriation of $492,200,00.
27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section L
The foregoing "Whereas" clauses are hereby ratified and
30 confirmed as being true and correct and are hereby made a specific part of this
31 Resolution upon adoption hereof.
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 008-2413-0SJA - Senior Center.doc
1
Section 2.
The City Commission of the City of Boynton Beach, Florida,
2 hereby approves the award of Bid #008-2413-05JA, for the Senior Center Phase III
3 Renovations to CEM Enterprises, lnc" of Apopka, Florida in the amount of
4 $428,000.00; approves a fifteen (15%) percent owner's contingency in the amount
5 of $64,200.00 for a total project budget appropriation of $492,200.00 and does
6 hereby authorize the City Manager to execute a contract between the parties.
7
Section 2,
That this Resolution shall become effective immediately.
8
PASSED AND ADOPTED this
day of February, 2005.
9
10
11
12
13
14
15 '
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 City Clerk
29
30 (Corporate Seal)
31
CITY OF BOYNTON BEACH, FLORrDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of Bid. OOB-2413.05JA - Senior Center.doc
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO, 05-002
TO:
Mary Mumo
Assistant to the Finance Director
Financial Services Department
H. David Kelley, Jr., PE/PSM'~
City Engineer
RECEIVED
JAN 0 7 2005
THRU:
PRO~T SERViCI;S
FROM:
David Stump
Project Manager
@
DATE:
January 5,2005
RE:
Phase III Construction
Boynton Beach Senior Center
Bid #008-2413-0S/JA
Recommendation of Award
Bids were received and publicly opened for the above noted project on November 30, 2004. Our design
consultant, CH2M-HILL, has reviewed the bid package submitted by the two (2) lowest bidders and
found the bid packages complete. The apparent low bidder was CEM Enterprises, Inc, with a proposed
bid amount of $428,000, Plus we are requesting a contingency of $64,200.00 or 15% in addition to the
contract amount due to the fact that this work is remodeling rather than new construction.
They have also checked the references submitted by the proposed low bidder. Attached is a copy of the
original letter from our consultant.
Based upon the bid package, our consultant's January 5, 2005 letter recommends the award for this
project to CEM Enterprises. Inc. This office concurs with the recommendation. The account number is
#302-4111-580-62-01.
Please present this recommendation to the City Commission for their approval.
If any additional information is required, please call me at ex!. 6486
HDK:DAS/ck
Attachment
Xc: Jeff Livergood. PE, Director of Public Works
Wally Majors, Director, Recreation & Parks
File
S:\Engineering\Csd\Projects\Senior Center Remodeling Phase III\Recommendation of Award Memo to Finance 1-S-05.doc
01/05/2005 08:31 FAX 561+515+6640
GEE AND JENSON
14102
.
CH2M HIll.
Orn,: H,t1V;'\fL':l [Alcle
. CH2MHILL
~
Wasl ?-d/m Beil"il. n 33409-1923
TeIS61.515.6500
fu sGL515_GSM
January 5, 2005
The City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
A IT: Mr. David Stump, Project Manager
RE: Boynton Beach Senior Center Phase m
Bid # 008-2413-05/JA
Bid Recommendation
Dear David:
Bids were received and publicly opened and read aloud on November 30, 2004 for the above
referenced project. Two {2} General Contractors submitted bids. The Bid Tabulation Sheet is
attached.
We reviewed the Bid Submittal of the two {2} low bidder.;. The apparent low bidder CEM
Enterprises, Inc. submitted a bid of$428,OOO.
The Bid Package submitted was complete and appears to be a responsive bid in accordance with the
Contract documen1s.
A interview with CEM, Inc was conducted and their responses to m..n'lging the pmject, schedule
cost and similar project experience was Iilvorable.
Therefore, based on our review of the Bid Submittal, the positive reference feedback and the
assumption that Boynton Beach will find the bid submittal complete and in proper order, we
""""mmentl that CEM Enterprises, Inc. be selected as the successful low bidder.
Should you have any questions, please call.
Mike Flattery
Project Manager
P\B0)'IIl0Il SeniorCenleJ\admiD\Jtr S1lIIIIplbid recommendation phase lJU-5~5
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CONTRACT
BID TITLE: SENIOR CENTER PHASE III RENOVATION
BID NUMBER: #001l-2411-05/.lA
PROJECT NUMBER: CP0411
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this.llt day of Fehrnary, 2005, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "Crry"
or "OWNER" and CF.M F.NTRRPR1SRS, INC
a Florida Corporation L XJ
a Florida General PartHership L-)
a Florida Limited Partnership <--..J
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
WlTNFSSRTH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
SRNIOR CRNTRR PH ASR III RRNOV A nON
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 3.Il1h day of Novemher, 2.llfI:l, for the total bid amount of
$_ 4211,00000; and,
WHEREAS, On the .llt day of Fehn.ary, 21lllS, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 1Sl} calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C-I
Rev. 12/30/03
CONTRACT
1. AGREEMENT
1,1. The Parties agree that:
1,1,1, The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2, The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc" and to
~omplete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1. 1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
U.5. Unless otherwise provided, all time frames referenced In all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2,1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2, The "Contract Documents" are the compilation of the following individual
documents:
2.2,1. Advertisement for Bids
2.2.2, Instructions for Bidders
2,2.3. Bid Proposal
2.2.4, Bid Bond
2,2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2,2.6. Construction Contract
2,2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2,9. Technical Specifications
2.2,10. Contract Drawings and Plans
2,2.1 1. Addenda
2,2.12. Written directives or interpretations
2,2.13, Manufacturers warranties
C-2
Rev. 12/30/03
CONTRACT
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3,\,\, Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2, Perfonn all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict confonnity with the Contract
Documents. CONJRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3, Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first -class, substantial and workmanlike manner, and
in confonnity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3,1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance,
3,1.5, Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Techrrical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.Comp]y with the provisions of Section 255.05, Florida
Statutes, if applicable.
3,1.7_ Pay promptly, before final settlement, any and all claims or liens by
subcontractors or materia] suppliers, incurred in and about this work.
3,1.8, Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONJRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9, Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
C-3
Rev. 12/30/03
CONTRACT
3. LI O. Obtain written approval from the CITY of all subcontractors not disclosed
in thc Contractor's bid document.
3.1.11. Pcrform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certific_ate::; and any other
requircd security for performance of the Project within ten (10) of the
Award ofthe Project.
3.2, The CONTRACTOR will bc held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the schcduled Pre-
Construction Meeting,
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 150
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6,0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3, CONTRACTOR shall notifY the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
C-j
Rev. 12/30/03
CONTRACT
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6. I. The CONTRACTOR further agrees to pay $ <;00 00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within l5ll
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be c6rrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above,
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7,/, The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8,1, The CONTRACTOR shall indemnitY and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnitY and save hannless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
C-2
Rev. 12/30/03
CONTRACT
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10,00) sufficient to support this
obligation of indemnification provided for in this paragraph, The indemnification
required pursuant to the Contract shall in no event be less than $] million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3, The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a rcsult of any insurance proceeds availab]e to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9,]. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly, All such work shall be executed under the conditions of the
origin a] Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered, Changes in the work must be
processed as set forth in the Genera] Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
]0.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
] 0.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bj]]s. Such statements shall be
submitted for the current contract payment for the month in which the work was
done, No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is comp]eled.
C-3
Rev. ]2/30/03
CONTRACT
11. PROJECT ENGINEER
11,1, The Project Engineer ("Engineer") is CH2M HTT .I,.
11.2, The Project Engineer shall have general supervision and direction of the work,
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce ,its faithful performancc by both parties,
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision,
12. INSURANCE
12,1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE,
13. CONTRACT CONTROLS
13,1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidencc.
13.2, In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRET A nON, In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
C-4
Rev. 12/30/03
CONTRACT
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIA nON WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges lhat he has read and understands the above
provision,
INITIALS
153. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the' work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5, For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C-5
Rev. 12/30103
CONTRACT
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CEM ENTERPRISES, INC.
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
County of Palm Beach
)
On this day of , 20---, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
C-6
Rev. 12/30/03
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We
, as Principal
and , a corporation, as Surety, are
bound to City of Roynton Reach, herein called Owner, m the sum of
$
, for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally,
THE CONDITION OF THIS BOND is that if Principal:
I. Performs the contract dated
, between Principal and Owner
, the contract being
for construction of
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defmed in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3, Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
,
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force,
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
BY:
(Name of Surely)
THIS FORM SH AI,', HR RXRCnTFn HY CONTRACTOR ANn SlffiMITTF.n
WITH FJNAl, APPJ,JCATlON FOR PAYMRNT
WT-I Rev. 10/28/03
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF
, being first duly sworn, deposes and says
as follows:
Heis
of
(Title)
(Name of Corporation or Firm)
a Florida Corporation
a Florida General Partnership
a Florida Limited Partnership
a Sole Proprietor
(
(
(
(
)
)
)
)
Check One
which is named in Construction Contract dated the
day of
20__, between sajd corporation as the CONTRACTOR and the City of Boynton Beach, Florida
as the OWNER, for the construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above,
Title to all work, materials and equipment covered by the attached Final Application for
Payment dated , passes to the Owner at the time of payment free and
clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final
Application for Payment.
This statement under oath is given in compliance with Section 713,06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of
,20
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
THIS FORM SA A 1,1, BF. F.XF.CJJTF.D BY CONTR ACTOR AND SITRMITTF.D
WITHFlNAJ. APPUCATIONFOR PAYMF.NT
WT-2 Rev. 10/28/03
.
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
"SENIOR CENTER PHASE III RENOV A nON"
BID #OOS-2413-0S/JA
Scope of Work: Renovation of Senior Center to include the installation of two restrooms,
kitchen, art room, conference rooms - approximately 3000 square feet total.
/
TOTAL PROJECT SUM $ 4/.;l:t 000. u<>
R'-":L"/;C:_J)' e;J~ ~ Dollars
d " Cents
(amount written in words has precedence)
and
The undersigned bidder agrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall achieve Substantial Completion without intemJption within
lSllcalendar days thereafter.
L Original and three (2) copies of bid submitted.
L Attached is a computer generated horizontal bar chart showing proposed schedule of
work.
/
/ Schedule of Subcontractors submitted.
L Site Inspection Form submitted.
V Evidence of possession of required licenses and/or business permits submitted.
V Bid Bond Submitted.
The undersigned bidder hereby represents that he has carefully examined the drawings and lhe
Contract including all Contract documents and will execute the Contract and perform all ils
items, covenants and conditions, all in exact compliance with the requirements of the
specifications and drawings.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Bp.,
The bidder, by and through the submission of his Bid, agrccs that he has examined and thai he
shall be held responsible for having Ihcretofore examincd himself as to the character of the route,
the location, surface and underground obstructions, the nature of the ground water table,
conditions and all other physical characteristics of the work, in order that he may thcreby provide
for the satisfactory completion thereof, including the removal, relocation or replacemeut of any
objects or obstmctions which will be encountered iu doing the proposed work.
The bidder, by submission of this Bid acknowledges that the hidder has been advised that in the
event bidder contests the award of this project to another bidder, that Ihe bidderoamages, if any,
are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
Date NOVEMBER 30, 2004
CEM ENTERPRISES INC
(Name of bidder, Corporation, Firm or Individual)
By_
~
Signature
CHARLES MEEKS
Printed Name
PRESIDENT
Title
407-884-9148
Telephone Number
Florida Contractor's License Number CGC05 7992. QB0008020
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BP-2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlh
VI.-CONSENT AGENDA
ITEM C.t
Requested City Commission
Meetinl! Dates
Date final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meetinl! Dates
Dale Final Form Must be Turned
in to City Clerk's Office
o December 7. 2004
o Decemher 21, 2004
t8:J January 4, 2005
o January 18, 2005
November 15,2004 (Noon.)
o February 1,2005
o February 15, 2005
o Ma<eb 1,2005
o Ma"b 15, 2005
January 17,2005 (Noon)
December 6,2004 (Noon)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
February 14, 2005 (Noon) <-)
r,J c'">=i
]!ebruary 28, 2005 (Noo~ :"1-<
-<0
" t~) -11
1',,) IT)
lC:::l
0 >,~<'"
0 Development Plans ~-;<~z
::r~ (/)--f
0 New Business :':J1: 0
Legal G ':;;z
l....;,I ~qCO
0 C'J ;;~r-=1
Unfmished Business C-:J ,."') l">
'-"n
0 Presentation :J:
January 3, 2005 (Noon)
RECOMMENDATION:
Approval of an Resolution creating Grant Funding Policies governing all grants awarded
by the City to outside individuals and organizations.
EXPLANATION:
Currently, the procedures followed by staff and required of grant fund applicants is not
well documented. Lack of documentation has the potential to create uncertainty and
confusion as to how the process works. The draft policies are intended to clarifY the role
of applicants, reviewing staff, City Manager, City Attorney and City ComT'lis<ion.
PROGRAM IMPACT:
None
FISCAL IMPACT:
None
.
,
ALTERNATIVES:
None
~~~
City Man r's Signature
~ ~S
Departmen7l7eaO's Signature
City Attorney
Department Name
~c!1-S
ty Attorney! Fmance ! Human Resources
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
1
2 RESOLUTION NO. 05-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
7 AND ADOPTING GRANT FUNDING POLICIES;
8 PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City Commission of the City of Boynton Beach desires to create
12 policies governing all grants which are awarded by the City to outside individuals and
13 organizations; and
14
15 WHEREAS, the City Commission intends for the following policies to cover all
16 instances when the City Commission approves distribution of public funds to individuals or other
17 legal entities, with the exception of distribution of Community Investment Funds by the City
18 Commission which are regulated by the procedures set forth in Resolution R03-137,
19
20 WHEREAS, the grant funding policies adopted by the City should clearly indicatc that
21 they are intended to be supplemental and subordinate to federal regulations as they pertain to the
22 CDBG program.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
25 CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
27 confirmed by the City Commission.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
29 approves and adopts the following Grant Funding Policies:
30 GRANT FUNDING POLICIES
31 Intent
32 It is the intent of the City Commission by adopting the following polices that the City
33 implement grant application, evaluation, letting, and monitoring procedures that:
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(g)
(a)
Establish a process for announcing the availability of grant funds, the purposes for
which they can be used, and the procedures for making application for those
funds,
15
16
17
(h)
(b)
Encourage eligible individuals and organizations to seek appropriate funding from
the City.
18
(i)
(j)
(k)
(c)
(d)
Provide a level playing field for grant applicants,
Require full documentation of the process from time of announcement to time of
completion of the project funded by a City grant.
19
20
21
(e)
Require transparency of the grant decision making process so that it is clear why
some applicants are successful in obtaining grant funding and why others are not.
(f)
Require objective decision making on the part of City staff involved in the grant
application evaluation process.
Describe the role of the City Commission in authorizing project or social service
funding with public funds.
Insure that limitations or conditions on the use of public funds obtained by
applicants through the City's grant letting process are consistent with state and
federal rules and regulations.
Establish accountability by all individuals involved in grant funding,
Describe the responsibilities of the City staff in monitoring the use of grant funds.
Require the City staff to maintain accurate grant records and provide for reports to
the City Commission the use and availability of funds,
22 The foregoing objectives, and the following policies should be viewed as supplemental
23 and subordinate to state and/or federal regulations pertaining to CDBG funds. In the event
24 of a conflict between what is required by state or federal regulation and what is required
25 by theses policies, state and federal regulations control.
26 Roles and Responsibilities
27 City Commission- The City Commission shall be responsible for:
28
29
(a)
Establishing by resolution general policies to ensure accountability for the use of
public dollars obtained through grant programs regardless of the source of funds.
Appropriate funds in the City's annual budget to provide funds or matching funds
for projects or services which benefit the community.
S:\CA SOIGrantsIRevised Grant Funding Procedures.doc
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(b)
3
4
1
2
(c)
Appropriate funds in the City's annual budget for administrative costs necessary
to manage the City's grant programs.
(d)
Review and act on recommendation from the City's professional staff on issues
regarding grant administration and distribution.
5 Staff- The City's staff is responsible for:
9
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12
13
14
15
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17
18
19
20
21
22
6
7
8
(a)
Gathering information of the availability of County, State, Federal, or private
grant opportunities and report that information to the City Manager and the City
Commission.
Day to day administration of the City's grant programs, including, but not limited
to, promoting grant programs, education regarding the grant application process,
application assistance, evaluation of applicants, recommendation of funding
awards, management of grant funds consistent with state and federal rules and
regulations, monitoring of grant contracts, preparation of reporting documents,
interfacing with regulatory personnel from other agencies, and periodically
reporting to the City Commission the status of programs funded through the
City's grant program.
Maintaining and report the availability offunds,
Maintaining accurate and current information on the expenditure of all grant
dollars, the status of pending grants, and grant monitoring.
Processing requests for public records in cooperation with the City Clerk.
Providing, through the City Manager, information requested by City
Commissioners.
23 City Manager- The City manager is responsible for:
24
25
26
27
28
(b)
(c)
(d)
(e)
(I)
(a)
(b)
(c)
(d)
Oversight of the City staff
Designating or appointing City staff to administer the City's grant programs.
Requesting, in his/her annual budget, funds to provide grant opportunities and for
grant administration.
Coordinating his/her staffs periodic reports to the City Commission.
29 City Attorney-The City Attorney is responsible for:
30
31
(a)
(b)
Reviewing and approving all forms used in the grant application process.
Preparing agreements with grant recipients.
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(c)
3 General policies
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23
(a)
(4)
(5)
Advising the City Manger, City staff and City Commission on issues of law that
impact the City's grant program or grant agreements,
Access to funding
(I)
The City staff should announce and publish all funding opportumtJes,
through public announcements, postings, explanatory leaflets, targeted
mailing to local organizations, press releases to the media, and other
means that might expand the base of applicants who desire to serve the
community through the use of public funds, This is particularly important
where a funding opportunity is available for the first time, during annual
renewal, or where the terms of funding are revised,
(2)
Interested parties should be able to find out easily what the funds are
available and what those funds will and will not support; key conditions of
funding; exclusions; the likely scale of competition for funds; any upper or
lower limits on grant size; how to apply for a grant; how the applications
will be handled; and how long it will take to reach a decision, Each
enquirer should be provided with a clear funding timetable that sets out the
City's calendar of key deadlines in the funding process.
Information should be disseminated early enough to allow time for
applications to be prepared, taking into account the circumstances of
potential applicants. City staff should act in the role of facilitator of the
application process, not as a gatekeeper. Each enquirer should be treated as
an equal in the application process.
(3)
Funding application forms and accompanying instructions should be clear
and user-friendly and any additional documentation required should be
specified. Where application forms are not used, guidance notes or a
simple information checklist should be provided, Examples of previous
forms which resulting in funding should be provided to interested parties
to illustrate the content of a successful application,
City staff should consider whether special steps are required to ensure fair
and equal access to information and funding across geographical areas; for
ethnic or racial minority groups; for groups from different religious and
cultural backgrounds; for disadvantaged groups; and for those with special
needs whom the City particularly wishes to reach. The City Manager
should establish oversight procedures to monitor the effectiveness of this
approach.
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(b)
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(6)
(7)
The City Commission, following a recommendation from City staff,
should consider whether they can produce bilingual information and forms
and be prepared to assist non-English speaking applicants to complctc thc
City's applications
The City staff should maintain a list of the name, address and telephone
number of all individuals who make inquiry regarding funding
opportunities and a procedure for follow up with those individuals should
be developed as a means of measuring the success of City's procedures.
The success of the City's funding procedures should be measure not only
by those who are successful in the funding process, but also by
understanding why those who sought funding and were not able to obtain
funding failed,
Processing grant applications
(I)
(2)
(3)
(4)
(5)
Timetables and procedures for processing applications should be set and
publicized, with particular emphasis on deadlines and the reason for them.
The City staff should identify clearly the information that they wish to
collect and how that information will bc used in the decision-making
process. Information concerning the applicant's objectives; experience of
related work; the purpose and expected outcome of the work to be funded;
financial competence; and current financial position should be completely
documented and verified. Documentation of this information is critical to
evaluating and verifying the effectiveness of the decision-making process.
Completed grant applications should be acknowledged on receipt When a
grant applicant is reviewed and it is determined that necessary information
is lacking, the applicant shall be contacted personally and advised of the
deficiencies, The deadlines for applications should be set to allow one
short period of time for correction or supplementation.
Applicants should be made aware of suitable sources of advice and help
with their applications.
The City should maintain a list of the name, address and telephone number
of all applicants as well as the time and date of filing, The City staff
should develop a procedure for follow up with those individuals should be
developed as a means of measuring the success of City's procedures, The
success of the City's funding procedures should be measure not only by
those who arc successful in the funding process, but also by understanding
why those who sought funding and were not able to obtain funding failed.
S:\CA SOIGrantsIRevised Grant Funding Procedures.doc
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(c)
Decision-making
(I) The City staff should have clear written criteria for making grant decisions.
The City Commission should be advised of the proposed criteria prior to it
being announced to the public or incorporated in application documents or
grant agreements,
(2) The criteria for approving or rejecting an applicant should be objective and not
subjective. These should cover the extent of any delegated authority, the
timetable, the criteria for approval, and any training or special expertise
required for the decision-making process.
(3) Staff evaluators and their supervisors shall consider whether arrangements
should be made to avoid any appearance of improper conflict of interest
arising for those involved in decision- making.
(4) Applicants should be notified of decisions as soon as possible,
(5) For successful applications, where funding is requested for a specific period
(eg a financial year), it may be helpful to give a provisional indication of the
grant as far in advance of the start of the period as possible, but a definite
figure should be confirmed not later than the start of the period.
(6) City staff shall write to all unsuccessful applicants to give the principal
reasons for a refusal to make a grant.
(d)
Selecting whom to fund
(I)
Applications should be judged on substance rather than presentation,
except to the extent that presentation is material.
(2)
City staff should consider whether voluntary organizations should be
encouraged to seek funding from a range of sources, recognizing that such
encouragement may in different circumstances constitute a reasonable
challenge or an unreasonable burden. Where matching funding is required,
staff should consider the economic value of volunteering and of
community activity and self-help, The City staff and City Commission
should be careful to avoid 'double funding
(3)
The City staff should require evidence of a voluntary organization's
commitment to equal opportunities in terms of their own personnel
policies and the delivery of services to their clients.
(4)
The City staff should consider the extent and nature of the contribution
S:\CA SOIGrantsIRevised Grant Funding Procedures.doc
1/28/2 5 Page60f9
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(e)
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(5)
(6)
(I)
(2)
(3)
(I)
(2)
(3)
that volunteers and users might make to the proposed activity where this is
consonant with widcr policy objectives.
Following evaluation of applicants by the City staff, the City staff shall
forward a recommendation to the City Commission through the City
Manager. The recommendation shall contain sufficient justification for the
rejection of any application.
Final approval offunding is reserved to the City Commission,
Payment procedures
There should be written confirmation of the grant offer and any conditions
before any payment is made. It may also be appropriate to confirm the
applicant's acceptance of these conditions. The City Attorney shall review
and approve all contracts between the City and an applicant
Grant conditions should clearly state the amount, purpose and duration of
the grant; the arrangements for payment; the monitoring and evaluation
arrangements which apply; the limitation on the use of the funds, if any,
and the circumstances in which funding might be terminated.
The City staff should recognize that some organizations cannot function
without receiving payments in advance, and should make suitable
arrangements where possible, The City staff should also be aware of thc
problems for grant recipients that may be caused by departure from any
agreed schedule of payments.
Monitoring & evaluation
Appropriate measures of performance (ie monitoring) and outcome/output
(ie evaluation) should be agreed at the outset with all organizations
receiving funding. These should conform to clear policy objectives for the
overall grant scheme,
Monitoring should not become an excessive burden on either the City staff
or the grant recipient funded, but should be appropriate to the level and
type of funding provided, the nature of service required, and the need to
ensure proper accountability for the expenditure of public dollars,
The City staff should evaluate grant fund expenditure in accordance with
these policies, the grant contract documents and applicable county, state,
or federal laws and regulations. City grant agreements should require grant
recipients to use self- evaluation and periodically report to the City staff
the use of funds and level of services provided with those funds. Where
S:\CA SO\Grants\Revised Grant Funding Procedures.doc
1128/2 5 Page 7 of 9
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(g)
appropriate, the City, through inter-local agreement or informal
understanding, should act in consort with any other private or public
entities supporting a grantees activities.
(4)
The City staff shall request appropriate levels of financial information and
should require independent verification of accounts, through audit & or
independent examination.
11
12
13
(1)
(5)
The City Attorney shall ensure that all grant agreements contain provisions
for terminating funding in the event of unsatisfactory performance or
breach of grant conditions.
14
15
(2)
Dissemination
The City shall require all grant reCipients to disseminate the results of
projects or services funded and if necessary should make provision in the
grant agreement for dissemination.
The City staff should disseminate to the public at least once annually the
results of project or services funded with public dollars,
16
(h)
Changes to funding
27
28
29
Section 4.
17
18
(1)
The City staff should give as much notice as possible of any changes in
grant scheme policy or management arrangements.
Voluntary organizations should be consulted prior to any changes in their
funding position, which arise from evaluations of individual grants.
The City staff should ensure that decisions on funding are taken well
before arrangements have to be made to terminate a service.
Should any section or provision of this Resolution or portion hereof, any
25 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
19
20
(2)
26 decision shall not affect the remainder ofthis Resolution,
21
22
23
24
(3)
This Resolution shall become effective immediately upon passage,
S:ICA SOIGrantsIRevised Grant Funding Procedures. doc
1/28/2 5 Page 8 of 9
Section 3.
30
PASSED AND ADOPTED this _ day of
,2005,
2
3
4
5
6
7
8
9
10
t1
12
13
14
15
16
17
]8
19
20
2]
22
23 ATTEST:
24
25
26
27 City Clerk
28
29 (CORPORATE SEAL)
30
31
32
33
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICA SOIGrantslRevised Grant Funding Procedures. doc
1/28/2 5 Page 9 of 9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
None. This subdivision is within the Utilities service area.
~
City Manager's Signature
Utilities
Department Name
City Attorney / Finance / Human Resources
xc: Peter Mazzella (w/copy of attachments)
Michael Rumpf, Planning & Zoning
File
S'\BUllETfN\FORMSIAGENDA ITEM REQUEST FORM.DOC
.~.....
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM C.2
AGENDA ITEM REQUEST FOk.tn
Requested City Commission Date Final Form Must be Turned
MeetiM Dates ,in to City Clerk's Office
Requested City Commission
Meetine Dates
Date final Form Must be Tumed
in to City Clerk's Office
D December 7,2004
o Decembt..'" 2 1,2004
o January 4, 2005
o January 18.2005
[gJ February 1,2005
o February 15, 2005
D Macch 1,2005
o March 15,2005
February 28, 2005 (Noon)
November 15,2004 (Noon.)
January 17,2005 (Noon)
December 6, 2004 (Noon)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[gJ Consent Agenda
o Public Hearing
D Bids
o Announcement
D City Manager's Report
"~
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D c
Development Plans 'c',..
D New Business I
D --1
Legal
D Unfinished Business
0 Presentation r'0
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RECOMMENDATION:
Motion to pre-approve and authorize signing of Agreements for Water Service Outside the City
Limits for all of the properties located within the Avondale Pines subdivision, an existing
subdivision on private wells that will have potable water lines installed by Palm Beach County for
connection to the City of Boynton Beach's water distribution system.
EXPLANATION:
This subdivision includes approximately 262 single-family homes, all of which are currently on
private wells for their water supply, and septic tanks for their on-site sewage treatment and
disposal. In order to facilitate the processing of water service agreements and connection of all
homes within the subdivision, the Utilities Department is requesting this pre-approval by the City
Commission for all properties located within the Avondale Pines subdivision, thereby allowing the
individual agreements from each homeowner to be reviewed and processed administratively.
Those agreements determined to be complete and satisfactory will subsequently be signed by the
City Manager.
PROGRAM IMPACT:
Palm Beach County is responsible for the bidding and construction of the water line
improvements to be constructed in this subdivision, and will manage the project. Utilities
Department inspectors will inspect all new construction to assure that all standards are met.
FISCAL IMPACT:
None. All costs for this project will be funded by Palm Beach County, which will assess each
individual homeowner for their share of the improvements.
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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I RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENTS FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANTS FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND RESIDENTS OF
9 THE AVONDALE PINES SUBDIVISION IN
10 CONNECTION WITH THE CONSTRUCTION OF A
II WATER SERVICE DISTRIBUTION SYSTEM WITHIN
12 THE SUBDIVISION BY PALM BEACH COUNTY; AND
13 PROVIDING AN EFFECTIVE DATE.
14
IS
16 WHEREAS, the Avondale Pines subdivision is located outside of the City limits, but
17 within the water and sewer service area of the City of Boynton Beach and is bounded to the
18 North by Aladdin Avenue, to the south by the C-16 Canal, to the east by Sand & Sea Mobile
19 Home Park, and to the west by Lawrence Road, in Palm Beach County, Florida, as more
20 particularly depicted in the attached Exhibit "A"; and
21 WHEREAS, the subdivision includes approximately 262 single-family homes, all of
22 which are currently on private wells for their water supply, and septic tanks for on-site
23 treatment and disposal of sewage; and
24 WHEREAS, Palm Beach County is funding and constructing a water distribution
25 system to serve the Avondale Pines subdivision, which upon completion will become the
26 property of the City of Boynton Beach; and
27 WHEREAS, the City Commission of the City of Boynton Beach finds it to be in the
28 best interest of the City to authorize the City Manager to administratively review and process
29 in accordance with applicable sections of the City's Code of Ordinances, the large number of
30 water service agreements that will be necessary for those single-family homes in Avondale
31 Pines connecting to the City's water distribution system;
32 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
S:\CA\RESO\Agreements\Water Service\Avondale Pines Global Water Service Agmts rev 1.doc
! 'THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section L
The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 being true and correct and are hereby made a specific part of this Resolution upon adoption
4 hereof.
5
Section 2.
The City Manager is hereby authorized and directed to administratively
6 review, approve, and execute Water Service Agreements between the City of Boynton Beach,
7 Florida, and the individual owners of the single-family residents located within the Avondale
8 Pines subdivision, as depicted in the attached Exhibit "A". Prior to execution of a water
9 service agreement pursuant to this Resolution, City staff must determine that the application
10 and water service agreement are complete and satisfy applicable sections of the City's Code
11 of Ordinances, and the City Attorney's Office must approve the legal form of the water
12 service agreement.
13
Section 3.
This Resolution shall become effective immediately upon passage,
14 PASSED AND ADOPTED this _ day of February, 2005.
15
16 CITY OF BOYNTON BEACH, FLORIDA
17
18
19 Mayor
20
21
22 Vice Mayor
23
24
25 Commissioner
26
27
28 Commissioner
29
30
3 I Commissioner
32
33
34
35 City Clerk
S:\CA\RESO'Agreements\Water Service\Avondale Pines Global Water Service Agmts rev 1.doc
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be
Commission Meetina Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetina Dates Turned in to City Oerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) t8:J 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
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005
0 Administrative 0
NATURE OF t8:J Consent Agenda 0
AGENDA ITEM 0 Public Hearing 0
0 Bids 0
0 Announcement 0
0 City Manager's Report
January 17, 2005 (Noon)
C::)
January 31, 2005 (NooR}l
'-
Do
February 14, 2005 (NoOn)
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February 28, 2005 (Noon)
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Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: That Commission approves Resolution 05-_ for a Special Warranty Deed conveying
title to Barbara Josey for:
Lot 172, Block A, BOYNTON HILLS, as recorded in Plat Book 4. Page 51, of the Public
Records of Palm Beach County, Florida.
EXPLANATION: Ms. Josey, a SHIP applicant, has been pre-approved for a mortgage from a local lender
as a participant in the City's SHIP Construction Program. She has been qualified as moderate income and has
selected a city-owned lot to build a single family dwelling,
PROGRAM IMPACT: A new Single-family dwelling will be added to a neighborhood located within the City's
target area. Upon approval, this would enable vacant property to become a part of the neighboring homes
assisting in the elimination of slum and blight,
FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $145,000.00. The
vacant lot is valued at approximately $9,590.00, which currently provides no taxable revenue.
ALTERNATIVES: None,
~ iiJ;iifJ,ru.
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City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
5:ICommunity lmprovement\Agenda RequestsI2005IcC2-1-05JoseyLot.dot
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EXHIBIT "A"
'1111111111111111111'1
PREPARED BY AND RETURN TO:
James A. Cherof, Esq,
City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 '
CFH 20040293907
OR BK 17001 PG 0955
RIll:lIlDED OS/21/2004 08:35:27
Pal. Be.ch eo..Dt y. I'llllri da
AIIT 10, 00
Dorothy B Villr"D. CIeri: of eo..rt
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Yhis_,~ture made lhis..1- day of April, 2004, between HABITAT FOR HUMANITY OF
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SOUTH PAW-pnACH COUNTY, INC" whose post office address is 220 N.W, 2 Avenue, Suite 209,
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Boca Raton, ~Jl, Palm Beach County, Florida hereinafter referred to as GRANTOR, and
,}>....O
The CITY OF BO~m' BEACH, a municipal Corporalion, whose post office address is 100 E. Boynton
"7] ,\
, ~
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Beach Blvd" Boynto~'B'~ac""F10rida 33435. hereinafter referred to as GRANTEE,
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\~-::-." WITNESSETH:
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That said Grantor, fo'huic2-~onsideration of the sum of TEN AND 00/100 ($10,00) Dollarn, and
other good and valuable considera~~::lp said Grantor in hand paid by said Grantee the receipt whereof is
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hereby acknowledged, has granted, ~gain~d and sold to the said Grantee, and the Grantee's successors and
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assigns forever, the following deSCribell~._~ituate, lying and being in Palm Beach County, Florida, to
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Lot 172, Block A, BOYNTON " lis recorded in Plat Book 4, Page 51,
of the Public Records of Palm B CflUmy" Florida,
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SUBJECT TO: Taxes for current year ani{ ~quent yearn, zoning and/or restrictions and
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prohibitions imposed by governmental authorities, an~J:~~nts and restrictions and other matters
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WARRANTvomm
appearing on the plat and/or common to the subdivision,
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Together with: All the tenements. hereditaments an~(:i€P9rtenances
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thereto belonging or in
anywise appertaining,
Book17001/Page955
Page 1 of 2
To have and to Hold, the same in fee simple forever.
And the Grantor(s) hereby covenant with said Grantee(s) that they are lawfully seized of said land
in fee simple; that they have good right and lawful authority to sell and convey sai<l land; that they hereby
fully warrant the title to said land and will defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances,
IN ~NESS WHEREOF, Granlor has hereunto set Grantor's hand and seal the day and year first
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have has produced ~\ A.. Ct:;J lis identification.
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STATE OF
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I
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Boynton Beach, Florida has determined to sell the
following described property:
Lot 172, Block A, BOYNTON HILLS, as recorded in Plat Book 4, Page 51, of the
pUblic records of Palm Beach County, Florida,
The sale of property is for public purpose pursuant to an agreement entered into between the
City of Boynton Beach and Barbara Josey. Further information, as is available, may be obtained
from Community Improvement in the West Wing of City Hall, located at 100 E. Boynton Beach
Blvd., Boynton Beach, FL 33435. The City Commission of the City of Boynton Beach shall hold a
public hearing on the proposed sale at their regular City Commission meeting February 1, 2005
at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-6066.
PUBLISH: The Palm Beach Post
January 1, 2005
s:\CC\WP\legal ads\Ads 10 Post\NOTICE OF INTENT TO SELL REAL PROPERTY - BOYNTON HILlS.doc
SUMMARY OF LOAN TRANSACTION - PUBUC/PRIVATE SUBSIDIES
TODAY'S DATE:
APPLICANT (S):
PROPERTY ADDRESS:
LEGAL DESCRJPTlON:
January 13, 200S
Barbara Josey
XXX NW 3"' Avenue, Boynbln Beach
TRANSACRON SUMMARY:
FIRST MORTGAGE AMOUNT: $_143,300
LENDER:
LOAN TYPE:
RATE:
L1V:
Branch Banking and Trust
Co.
30 Year Fixed
6.125%
89%
SECOND MORTGAGE AMOUNT: $_20,000
LENDER:
LOAN TYPE:
THIRD MORTGAGE AMOUNT: $
LENDER:
lOAN TYPE:
City of Boynton Beacll_
Silent second
APPLICANT FUNDS:
PREPAIDS:
ESCROWED FUNDS:
PAID ClOSING:
$_5,072.64_
_$5,072.64
SELLER CONCESSION: $
TOTAl: $_168,372.64_
SIGNED: (Jl....fJ ~ DATE: .--January 13, 2005
TITLE: ~=:~~~~n Offlcer_
CLOSING AGENT: _Fidelity National TItle_ PHONE: _561 753-5583_
CONTACT PERSON: _DenIse Waites
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1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN
7 THE CITY OF BOYNTON BEACH AND BARBARA
8 JOSEY, A PARTICIPANT IN THE CITY'S SHIP
9 CONSTRUCTION PROGRAM; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, Barbara Josey has been approved for a mortgage from a local lender as
13 a participant in the City's SHIP Construction Program, and has selected a City owned lot to
14 build a single-family dwelling to reside in Boynton Beach; and
15 WHEREAS, a new single-family dwelling will be added to a neighborhood located
16 within the City's target area; and
]7 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to execute a Special Warranty Deed
19 between the City of Boynton Beach and Barbara Josey conveying title for the lot described as
20 follows:
21 Lot 172, Block A, BOYNTON HILLS, according to a Plat there on
22 file on the office of the Clerk of the Circuit Court, in and for Palm
23 Beach County, Florida, as recorded in Plat Book 4, Page 51,
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed
28
as being true and correct and are hereby made a specific part of this Resolution upon
29
adoption.
S:\CA \RESOIReal Estate\Special Warranty Deed - Barbara Josey.doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
3 Warranty Deed to Barbara Josey.
4
Section 3.
This Resolution shall become effective immediately upon passage,
5 PASSED AND ADOPTED tbis _ day of February, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
II
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
32
33
S:\CAIRESOlReal Estate\SpeciaI Warranty Deed. Barbara Josey.doc
THIS INSTRUMENT WAS PREPARED BY:
JAMES A, CHEROF, ESQUIRE
P.O. Box 310
BO)TIton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this _~_ day of February, 2005, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and BARBARA JOSEY, a single woman, whose address is
F]orida (hereinafter referred to as "Grantee"),
WI TNE SETH:
That said Grantor, for and in consideration of the sum of TEN ($10,00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereofis
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
F]orida, to wit:
Lot ] 72, Block A, BOYNTON HILLS, according to a Plat
there on file in the office of the Clerk of the Circuit Court,
in and for Palm Beach County, Florida, as recorded in Plat
Book 4, Page 5],
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
lawfu] claims of all persons claiming by, through or under Grantor, but against none other.
S:\CA\Departments\Community Redev\Special Deed -Barbara Josey.doc
Page 1
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written,
Signed, sealed and delivered
in our presence:
Witnesses:
CITY OF BOYNTON BEACH
Signature
By:
Kurt Bressner, City Manager
(Type or print name)
Approved as to Form:
Signature
City Attorney
(Type or print name)
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of February, 2005,
by Kurt Bressner, as City Manager of THE CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation, on behalf of the corporation, who is personally known to me, and who did
not take an oath,
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S;\CA\Oepartments\Community Redev\special Deed -Barbara Josey,doc
Page 2
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~
Requested City Dale Final Form Must be
Commission Meetina Dates Turned in to City (jerk's Office
Requested City Commission Date Final Form Must be
Meetina Dates Turned in to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) t8:J 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
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005
0 Administrative 0
NATURE OF t8:J Consent Agenda 0
AGENDA ITEM 0 Public Hearing 0
0 Bids 0
0 Announcement 0
0 City Manager's Report
January 17, 2005 (Noon)
a
C'1
January 31, 2005 (NClQI:Y.
=
=e
February 14, 2005 (Noon)
W
February 28, 2005 (~)
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Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: That Commission approves Resolution 05-_ for a Special Warranty Deed conveying
title to 5hankica Perry for:
ROLLING GREEN RIDGE FIRST ADDITION, Lot 9, Block 22. The above being the real
property described under tax certificate number 143091 in the tax deed recorded in Official
Record Book 13452, Page 716, Public Records of Palm Beach County, Florida.
EXPLANATION: Ms. Perry, a SHIP applicant, has been pre-approved for a mortgage from a local lender as
a participant in the City's SHIP Construction Program. She has been qualified as very-low income and has selected
a city-owned lot to build a single family dwelling.
PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's
target area. Upon approval, this would enable vacant property to become a part of the neighboring homes
assisting in the elimination of slum and blight.
FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $140,0000.00. The
vacant lot is valued at approximately $14,250.00, which currently provides no taxable revenue.
~
ALTERNATIVES: None.
De
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
s: \Community Improvemenl\Agenda Requesls\200S\CC2-1-0SPeIT)'Lotdol
k
EXHIBIT "A"
1I1I11IIII111111111I11
COWlty Deed
FloridaSl:atuteSeetiOD 125.411
02/20/2003 14:13,07 20030096637
OR BK 1482t PG 1801
Pal. BeAch County, Flo~id.
DOTDthy H. Wilken, Clerk
RE"IlJR.Nm-
SlEVEN K. SCHlAMP
PALM BEACH COUNTY FACtI.. DBVEL. &: OPRR. DEPT.
PROPERTY &RBAL TATE MANAGEMENTDJVISION
]]23 BEL VEDERB R ,BUILDING 503
WEST PALM BEA 3406-1S4B
" )\
PARCBLCO :\_" ~08-43-4S-16"()1-D22-0090
~:,>)'\
'l;;: '/')" 0 COUNTY DEED
.....,....-,'"
\s/ ,---
Tms:~1D,made HI' 4 lIIIl .byPALMBEACHCOUNTY, FLORIDA,
a political subdivision ofJIt-'~te of Florida, whose legal mailing address is 301 North Olive Avenue,
West Palm Beach, Flor1i1~~01-479I, party of the fltSt part, and the CITY OF BOYNrON BEACH, a
mWlicipal Cotporatioo, ~Iegal mailing addross is ]00 East Boyntoo Beach Blvd,. P,O. Box 310
Boynton Beach, FL 33425-03 ~~arty of the second part,
f:(c:~!J
WIT N E S S i'~atthe said party of the first p.rt, for an in consideration of the sum
ofTen and 00/100 ($1 0,00) Dol~!Ojt,in hand paid by the party of the secood part, the receipt whereof
is hereby acknowledged, has grant~ained and sold to the party of the second part, its SUccessors and
assigns forever, the following ~bed ~d lying llIld heing in Palm Beach County, Florid.:
(Q:;
ROLLING GREEN RlDGE,liRSI,!\DDlTION, LOT 9, BLOCK 22. THE ABOVE
BEING THE REAL PROPER:rY'DESCRIBED UNDER TAX CERTIFICATE
NUMBER 14305'91 IN THE T~~~~D RECORDED IN OFF1CIAL RECORD
BOOK 13452, PAGE 716, PUBUlS,,\~CORDS OF PALM BEACH COUNTY,
FLORIDA, V>\'~'
Reserving, however, unto party of the first part,~%:'G~~ors and assigns an undivided three.fourths
interest in, and tille in and to an undivided Ihree-c.in.~~t in, all the P?06phat~, minerals, and mela~s
that are or may he In, on, or under the saId land and a 'lQded one.half mtcrost In an petroleum thatls
or may be in, 00, or under said land, The aforemenlion~~l)rvalion of phosphate, mineral, metals and
petroleum righls shall nol include and party of the fltSt p~'- pressly releases any and all rights of
entry and rights of exploration relating to such phosphate, . , ,metals and petroleum rights,
::
IN WITNESS WHEREOF, the said party Of~~ pari has caused these presents to
executed in its name by ita B~ of County Commissioners acti ,~~e Chair or Vice Chaimum of said
Board, the day and year aforeslIId, .~:~,
___V::i\ ..
A1TEST: PALMBEACHCOUNlY;ltL DA,a
Political Subdivision ofthe~lorida
R2003
0177
DOROTHY H. WILKEN, Clerk
By:
~tt;;;;;-
G:lProperty Mamt Scl;tion\DJ!p05itillll'\IJoyntor! Beacb.FIlII lOOZICOUIItyl)eed.CgmcyToRoyntonBc.:h.:zono,ot0703,wpd
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Boynton Beach, Florida has determined to sell the
following described property:
ROLLING GREEN RIDGE FIRST ADDITION, Lot 9, Block 22, The above being
the real property described under tax certificate number 143091 in the tax deed
recorded in Official Record Book 13452, Page 716, Public Records of Palm
Beach County, Florida.
The sale of property is for public purpose pursuant to an agreement entered into between the
City of Boynton Beach and Shankica Perry. Further information, as is available, may be obtained
from Community Improvement in the West Wing of City Hall, located at 100 E. Boynton Beach
Blvd., Boynton Beach, FL 33435. The City Commission of the City of Boynton Beach shall hold a
public hearing on the proposed sale at their regular City Commission meeting February 1, 2005
at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-6066.
PUBLISH: The Palm Beach Post
January 1, 2004
S:\CC\WP\legal ads\Ads to Post\N011CE OF INTENT TO SELL REAL PROPERlY - for Ol-OI-oS,doc
SUMMARY OF LOAN TRANSACTlON - PUBUC/PRIVATE SUBSIDIES
TODAY'S DATE:
APPUCANT (S):
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
January 12, 200S
Shankle.. D. Perry
XXX NW 27'. Court, Boynton Beach
TRANSACTION SUMMARY:
FIRST MORTGAGE AMOUNT: $_81000
LENDER,
Branch Banking and Trust
Co.
30 year fiX9
5.375"10
71.69"10
LOAN TYPE:
RATE:
L1V:
SECOND MORTGAGE AMOUNT: $_30,000
LENDER:
LOAN lYPE:
THIRD MORTGAGE AMOUNT: $_5,000
LENDER:
lOAN lYPE:
APPUCANT FUNDS: $_3,328.39_
PREPAID5:
ESCROWED FUNDS:
PAID CLOSING:
_City of Boynton Beam
_Silent 5econd
FHLB- FHP
Silent Third
_3,328.39
SELLER CONCESSION: $
TOTAL: $_119,328.39_
SIGNED: ~ 4 (j~ DATE: ..)anuary 12, 2005
TITLE: M~e LlNn omc:er_
CLOSING AGENT: Fidelity Nwon..1 TItle_ PHONE: _561753-5583
CONTACT PERSON: _Denise Waites
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] RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN
7 THE CITY OF BOYNTON BEACH AND SHANKICA
8 PERRY, A PARTICIPANT IN THE CITY'S SHIP
9 CONSTRUCTION PROGRAM; AND PROVIDING AN
10 EFFECTIVE DATE.
]1
]2 WHEREAS, Shankica Perry has been approved for a mortgage from a local lender as
13 a participant in the City's SHIP Construction Program, and has selected a City owned lot to
]4 build a single-family dwelling to reside in Boynton Beach; and
15 WHEREAS, a new single-family dwelling will be added to a neighborhood located
16 within the City's target area; and
17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in
]8 the best interests of the citizens and residents of the City to execute a Special Warranly Deed
19 between the City of Boynton Beach and Shankica Perry conveying title for the lot described
20 as follows:
21 Lot 9, Block 22, ROLLING GREEN RIDGE FIRST ADDITION,
22 according to a Plat there on file on the office of the Clerk of the
23 Circuit Court, in and for Palm Beach County, Florida, as recorded in
24 Plat Book 24, Page 223.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
29
as being true and correct and are hereby made a specific part of this Resolution upon
30
adoption,
S:\CAIRESOlReal Estate\Special Warranty Deed - Shankica Perry.doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special
3 Warranty Deed to Shankica Perry.
4
Section 3.
This Resolution shall become effective immediately upon passage,
5 PASSED AND ADOPTED tbis _ day of February, 2005.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
II
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
31
32
33
S:ICA\RESOIReal EstatelSpeeial Warranty Deed. Shankle a Perry.doe
THIS INSTRUMENT WAS PREPARED BY,
JAMES A. CHEROF, ESQUIRE
P.O. Box 310
Boynton Beach, FL 33425
SPECIAL WARRANTY DEED
THIS INDENTURE, made this
day of February, 2005, between THE CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor")
and SHANKICA PERRY, a single woman, whose address is
Florida (hereinafter referred to as "Grantee"),
WITNESETH:
That said Grantor, for and in consideration of the sum ofTEN ($10,00) DOLLARS, and
other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Palm Beach County,
Florida, to wit:
Lot 9, Block 22, ROLLING GREEN RIDGE FIRST
ADDITION, according to a Plat there on file in the office of
the Clerk of the Circuit Court, in and for Palm Beach
County, Florida, as recorded in Plat Book 24, Page 223.
Together with all tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To have and to hold, the same in fee simple forever,
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple, that Grantor has good right and lawful authority to sell and convey said
land, that Grantor hereby fully warrants the title to said land and will defend the same against the
lawful claims of all persons claiming by, through or under Grantor, but against none other.
S:\CA\Departments\Community Redev\Special Deed ~Shankica perry.doc
Page 1
IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly
authorized officer the day and year first above written.
Signed, sealed and delivered
III our presence:
Witnesses:
CITY OF BOYNTON BEACH
Signature
By:
Kurt Bressner, City Manager
Approved as to Form:
(Type or print name)
Signature
City Attorney
(Type or print name)
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of February, 2005,
by Kurt Bressner, as City Manager of THE CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation, on behalf of the corporation, who is personally known to me, and who did
not take an oath,
My Commission Expires:
NOTARY PUBLIC
(Type or print name)
S:\CA\Departments\community Redev\Special Deed -Shankica perry.doc
Page 2
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.5
AGENDA ITEM REQUEST FOR,..
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetinf! Dates in to City Clerk's Office MeetinJ! Dates
0 December 7, 2004 November 15,2004 (Noon.) ~ February 1,2005
D December 2 I, 2004 December 6, 2004 (Noon) D February 15,2005
D January 4, 2005 December 20, 2004 (Noon) D March ),2005
r:: January 18,2005 January 3, 2005 (Noon) D 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)
C)
en
February 28, 2005 (NooJll-
p
Z
I
(J1
D Administrative 0
NATURE OF t8:J Consent Agenda 0
AGENDA ITEM 0 Public Hearing 0
0 Bids 0
0 Announcement 0
0 City Manager's Report
Development Plans
New Business
Legal
Unfinished Business
Presentation
RECOMMENDATION: Authorization to apply for funding towards the development of Jaycee Park, from the 2004/05
Land and Water Conservation Fund (L WCF).
EXPLANATION: The L WCF is a matching grant program for the acquisition or development of outdoor recreation areas
and facilities. The U.S. Congress approved funding for the stateside share of the program and Florida will receive an
estimated $4,000,000 for grants to local governments.
PROGRAM IMPACT: The City recently purchased Jaycee Park from the Florida Inland Navigation District using grant
funds from Florida Communities Trust and Palm Beach County. The grant contracts require the construction of waterway
access facilities with day docks and fishing pier. The City has three years to develop the park.
FISCAL IMPACT: Funding for the Jaycee Park development project is in the Capital Improvement Project (CIP) budget,
account number
302-4299-580-63-05.
AL TERNA T1VES: Not apply for the grant; the City would pay all project co!!s.
~
c~anager's Sign Ire
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City Attorney / Finance / Human Resources
Recreation and Parks
Department Name
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine: Dates in to City Clerk's Offic_e Meeting Dates in to City Clerk's Office
D December 7, 2004 November 15,2004 (Noon,) ~ February 1, 2005 January 17,2005 (Noon)
0 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 I, 2005 February 14,2005 (Noon)
r= January 18,2005 January 3, 2005 (Noon) D March 15, 2005 February 28, 2005 (Noon)
D Administrative 0 Development Plans
NATURE OF t8:J Consent Agenda D New Business
AGENDA ITEM 0 Public Hearing D Legal
0 Bids D Unfmished Business
0 Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorization to apply for funding towards the development of Jaycee Park, from the 2004/05
Land and Water Conservation Fund (L WCF).
EXPLANATION: The L WCF is a matching grant program for the acquisition or development of outdoor recreation areas
and facilities. The U.s. Congress approved funding for the stateside share of the program and Florida will receive an
estimated $4,000,000 for grants to local governments.
PROGRAM IMPACT: The City recently purchased Jaycee Park from the Florida Inland Navigation District using grant
funds from Florida Communities Trust and Palm Beach County. The grant contracts require the construction of waterway
access facilities with day docks and fishing pier. The City has three years to develop the park.
FISCAL IMPACT: Funding for the Jaycee Park development project is in the Capital Improvement Project (ClP) budge~
account number
302-4299-580-63-05.
AL TERNA TIVES: Not apply for the grant; the City would pay all project co:ts.
Ji~"':r
C' [ /FJk1/H R
tty Attorney mance uman eSQurces
Recreation and Parks
Department Name
SIBULLETlNJ'ORMSIAGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE PROPER CITY
5 OFFICIALS TO APPLY FOR FUNDING TOWARDS
6 DEVELOPMENT OF JAYCEE PARK, FROM THE 2004/05
7 LAND AND WATER CONSERVATION FUND; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property
11 from the Florida Inland Navigation District using grant funds from Florida Communities
12 Trust and Palm Beach County; and
13 WHEREAS, the grant contracts require construction of waterway access facilities
14 with day docks and fishing pier, giving the City three (3) years to develop the park property;
15 and
16 WHEREAS, the Land and Water Conservation Fund ("LCWF") is a matching grant
17 program for the acquisition or development of outdoor recreation areas and facilities;
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
21
Section L
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
22 true and correct and are hereby made a specific part of this Resolution upon adoption,
23
Section 2,
The City Commission ofthe City of Boynton Beach hereby authorizes
24 the City Manager to execute an application to the 2004/05 Land and Water Conservation
25 Fund ("L WCF") for the Jaycee Park Project.
26
Section 3.
This Resolution shall become effective immediately upon passage.
27
28
29
PASSED AND ADOPTED this _ day of February, 2005.
S:\CA\RESO\Agreements\Grants\Jaycee Project w LWCF Grant.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 ATTEST:
18
19
20 City Clerk
21
22
23
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Grants\Jaycee Project - LWCF Grant.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\-l
VI.-CONSENT AGENDA
ITEM C.6
Requested City Conunission
MeetinQ' Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date final Form Must be Turned
in to Citv Clerk's Office
~,
~ -" December 7, 2004
November 15,2004 (Noon.)
lX1 February 1,2005
January 17,2005 (Noon)
o Decembcr 2 J, 2004
o January 4, 2005
r: January 18, 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 31, 2005 (Noon)
February 14,2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
iZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION:
Authorization by Resolution of an extension to the exisling Brown and Caldwell Utilities Management Services Task
Order No, I to provide Management Services for the Utilities Department on a full.time basis through March 15,
2005, and on a part-time basis thereafter, through April 15, 2005. The not-to- exceed budget for this extension is
$54,000.
EXPLANATION:
The City's Utilities Department serves over 90,000 people within its service area. An aggressive Capital Improvement
Plan and rapid development and redevelopment of properties within the Utility's services area will place higher
demands on the Department's staff and procedures, in order to maintain customer satisfaction. The City determined
that it would be in the best interest of the customers and lhe Department to hire a licensed Professional Engineer to
manage the day-to-day operations of the Department, as well as to provide support to the Department's Strategic
Planning Process. In the interim, Brown and Caldwell has been authorized by the City Commission to provide these
Department Director services on an interim basi~ until a permanent Director is hired.
Said new permanent Director is scheduled to report for work on March I, 2005. The City has requested that Brown
and Caldwell continue in their role as Interim Director until that date, and for two weeks beyond (March 15'"), in
order to provide the needed management transition, In addition, Brown and Caldwell will be available to the new
Director for an additional thirty (30) calendar days, on a part.time basis, to enhance the transition process.
PROGRAM IMPACT:
Approval of this Resolution will provide continued Utilities Management Services by Brown and Caldwell through
April 15, 2005.
FISCAL IMPACT:
Funding for this is provided under Account No, 401-2821-536-49-17. This task order extension will result in an
additional fee of $54,000.
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
({(\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
City Manager to assume responsibility for Interim Utilities Department Man"ement.
.~ ' ~~
City Manager's Signature
Kurt Bressner
City Manager
Utilities Department
Department Name
y)@c{
City Attorney I Finance I Human Resources
Attachment: Copy of original Task Order No. I
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R04-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING AMENDMENT NO. 4 TO TASK
6 ORDER NO. I TO BROWN AND CALDWELL, INC., IN
7 AN AMOUNT NOT TO EXCEED $54,000.00 TO
8 PROVIDE UTILITIES MANAGEMENT SERVICES ON
9 A FULL-TIME BASIS THROUGH MARCH IS, 2005
10 AND ON A PART-TIME BASIS THEREAFTER
11 THROUGH APRIL IS, 2005; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, during the search for a new Utilities Director, Brown and Caldwell has
15 been authorized by the City Commission, on an interim basis to manage the day-to-day
16 operations of the Utiltities Department, as well as provide support to the Department's
17 Strategic Planning Process; and
18 WHEREAS, the City Manager and an interview team have selected a new Utilities
19 Director. It is expected the new Utilities Director will start at the City in early 2005; and
20 WHEREAS, the amendment will extend the services of Brown and Caldwell from
21 through March 15, 2005 on a full-time basis and thereafter through April 15, 2005 on a
22 part-time basis; and
23 WHEREAS, the City Commission, upon staffs recommendation, has deemed it
24 appropriate and in the best interests of the public to approve Amendment NO.4 to Task
25 Order No.1 in an amount not to exceed $54,000.00 to Brown and Caldwell for continued
26 services by the Interim Utilities Director.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
$:\CA\RESO\Agreemenls\Task - Change Orders\Amendmeot No 4 -Brown and Caldwell - Task Order 1.doc
Section I.
The foregoing "Whereas" clauses are hereby ratified and confinned
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution of Amendment No.4 to Task Order
6 No. I in an amount not to exceed $54,000.00 to Brown and Caldwell, for continued services
7 by the Interim Utilities Director on a full-time basis through March 15,2005 and thereafter
8 on a part-time basis through April 15, 2005.
9
Section 3.
This Resolution shall become effective immediately upon passage.
10
PASSED AND ADOPTED this ._~ day of
,2005.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29 City Clerk
30
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESQ\AgreemenlsITask _ Change Orders\Amendment No 4 -Brown and Caldwell- Task Order 1.doc
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R 0 \\:.J \ t. /J
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.
l~OO South Australian A~ue
Suite-202
W", PalmB=h. Florida 33409
Teh (561) 684-3456
Fax, (561) 684-9902
WMv.brownandca1dweU.com
April 21, 2004
City Manager
100 E. Boynton Beach Blvd,
P.O. Box 310,
City of Boynton Beach
Boynton Beach,
Florida 33425-0310
91079.620
Subject: Task Order One (Brown and Caldwe1l)
Dear Mr. Bressner:
At your request please find four (4) =ecuted copies of TaSk Order No.1 suitable for
the City's Use in engaging the services of Brown and Caldwell to act as your Interim
Utilities Director. The termS and conditions of the this Task Order are in accordance
with the signed contract agreement dated Noven;1ber 18, 2003 by and between the City
and Brown and Caldwell, and presently in force.. . .
Thank you so much for having the .faith in me, and in Brown and Caldwell to provide
you with these professional services. Rest assured, Brown and Caldwell stsff will do a
superb job for you arid the City in this endeavor.
CALDWELL
~df.;~'
Ro d M. Ash P.E.
Vice President
RECEIVED
APR 2 2 2004
CITY MANAGER'S OFFICE
10/30/01 p;\gen \91079.J1o~bd\620_boyntonbch\woJt....oiderJ \task.....ordel;...one_coVC% letter.doc/mp
1;' _ ~. .: _ A _ u_
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Task Order No.1. Water And Wastewater Utility
Management Services
A. Background
The position of Utilities Department Director for the City of Boynton Beach (City) is
currently filled on a part-time basis by the Assistant City Manager. The City desires that the
position be filled on a full-time interim basis, utilizing the services of Brown and Caldwell
(Be) while a search for a permanent Utilities Director is conducted. The City has requested
that BC provide a scope of work to address this request for Utility Director Services for the
City's Water and Wastewater Utility. The specific tasks are described below in Section B,
Scope of Work.
The Director of Utilities is responsible for managing the day-to-day activities of the
Department and responding to the needB of the City Manager. The following are specific
examples of the skills to be provided:
. Planning skills and management techniques, as they relate to public utilities
. Applying the principles, practices, and procedures of public and business
administration as required in a large operation.
· Assisting the City in the "enterprise funding" pr9<=ess as related to budgeting,
cost accounting, financial planning and management:
· Assisting the City in the "general funding" process utilized by local government.
· . Communicating effectively, orally and in writing, with the City Commission and
City Manager.
. Planning and directing the work of a staff of technical and clerical employees.
. Maintaining effective working relationships with staff, other departments and
the public.
With these skills in mind, BC has compiled the following scope bf work listing the duties
anticipated. The duties have been separated into three tasks reflecting the categories of
work required. .
B. Scope of Services
.
Task 1 - General Utility Management
Be will be responsible for the following general utility management tasks, as they relate to
interaction with other City Departments and the general public:
.
. Professional and administrative work planning.
4P:IGEM91079ftORIOA..BDI82OJlOYNTONSCHlWORK...OROER..1ITASK...OROER..ONE.DOC
1/4
· Directing and coordinating all utility infrastructure planning and construction,
. including coordination of long-range financing, negotiating with developers
and working with Federal and State agencles.
. Coordinating with other City Departments (Engineering, Planning, Building,
Public Works, Parks and Recreation, etc.) regarding a structured program for
utility extensions and construction, in compliance with City Commission policy
and development trends. . .
. Responding to customers, developers, engineers, etc., regarding complaints
related to the City's Utilities Department.
· Administering negotiations with developers and distributing documents to
appropriate city disciplines, to include the City Manager and City Attorney.
· Working in cooperation with City Manager and City Financial Advisors, and
with Federal and State agencies regarding grants and other applications
in addition, BC will perform related tasks as requested by the City Manager.
Task 2 - Water and Wastewater Program Administration
BC will be responsible for !he following program administration tasks, as they relate to the
City's Water and Wastewater Utility Department:
. Prioritize and identify long-range water and wastewater system needs
· Planning and directing water and wastewater p~ograms for the City utility
service area.
. ' Coordinating planning, design and construction phases of water and wastewater
. facilities
· Coordinating long-range financing of water and wastewater projects with City
financial advisors.
. Reviewing existing Water Utilities Department organizational processes,
procedures, physical 'aspects, etc., of various tasks, to maintain efficient and
effective service.
Be shall assist the City in the following personnel administration tasks, as it relates to the
Water and Wastewater utility:
.
Review the existing organizational structure of the Utilities Department and
provide recommendations to the City Manager regarding opportunities for
improvement.
Administer the selection process for a new Utilities Director. This will include
providing a written outline of the job description to the City Manager,
.
.
P:\GENI9l079..FlORIllA..BO'B2OJ!OVmoNBCHlWOAK..ORDEIt.1ITASK..OAOEIt.ONE.OOC
,2'4
. Serve on the selection committee and assist in the interview process to ensure
that the City obtains the best available candidate for the position of Utilities
Director.
· Perform a functional analysis of Utility Department personnel and material
resources to evaluate operational efficiency.
In addition, Be will perform related tasks as requested by the City Manager.
C. Assumptions
In addition to the work items discussed above, the following asswnptions were mad,' in
establis~ the scope of this Task Order. Oumges and! or modifications ,in the above work
items or these asswnptions are considered an Additional Services Item under the terms of
the contract. Assumptionsinclude:
1. The City will provide Consultant with a proper working environment, such as office
space, furniture, communication system and staff support, in order to operate
effectively.
2. No deIiverables have been defined at this time, other than providing the necessary
level of services required by City. Should spedfic deIiverables be identified dllring
the course of this agreement, they will be addressed as revisions to this Task Order.
3. Be personnel initially assigned to this project are as follows:
Ronald M. Ash, P.E. for a minimum of 8 hours per week
, .
Nero Gomez, Senior Utility Engineer, 40 hours per week
Other staff and! or expertise as may be required
D. Contract Reference
The terms and fee for services to be provided shall be in accordance with the existing signed
contract agreement dated November 18, 2003 by and between the City and Be.
E. Additional Services
Should additional services be required, such services shall be provided to the City in
subsequent task orders in accordance with the terms and conditions of the existing signed
conlract agreement dated November 18, 2003 by and between the City and Be.
P;\GENI91079Jl.ORIDA..BOI62'UlOYNTONBCHlWORICOAOE/l...1\TASICOROE/l...ONE,OOC
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F. Compensation
Compensation by the City to BC for all tasks described in this Task Order shall be on an
hourly rate basis in accordance with the above mentioned existing signed Contract
Agreement dated November 18, 2003 by and between the City and Be. Actual costs to
include expenses will be invoiced for the amount of work actually required.
APPROVED BY:.
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2004.
SUBMITTED BY:
Brown and Caldwell
By, ~t#~~
Ronald MAsh
Vice President
Dated this ~ day of
Aft'; l
,2004.
.
P:\GEM91079JLORIIJA.J301620.-OOYNTONBCH\WORK-ORIJER_'ITASK-ORIJER...ONE,ooC
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VI.-CONSENT AGENDA
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
D December 7, 2004 November 15, 2004 (Noon.) ~ 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, 20D5 February 14, 2005 (Noon)
D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon)
D Administrative D Development Plans ~
NATURE OF ~ Consent Agenda D New Business <-:.~ C)-\
AGENDA ITEM Ul --;-<
D Public Hearing D Legal '-- -.-(0
J:-~ ,-,""
D D Unfinished Business ~
Bids ~ "---(1)
r'" :,0
D Announcement D Presentation G" _-r~:: -<
-. ~ Ai.-
D City Manager's Report ::::;:~ ,~-l
'0
_L... ,.-~ -",.
.-'''''-
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda unde~
Public Hearing (to be combined with the corresponding conditional use item), The Planning and Development Board
reviewed the request on January 25, 2005 and recommends that it be approved, subject to all staff comments. For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-003.
-T\
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel C (MPMD 05-003)
Lution Hill
Grove Plaza C, LLC
3490 Hypoluxo Road
Request for master plan modification approval to convert Parcel "c" from a proposed
6,540 square foot retail use to a 6,832 square foot minor automotive repair facility.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D~'~='
~
City Manager's Signature
2 tJ C b7 --
Planning and Z~ Director City Attorney / Finance / Human Resonrces
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\MPMD 05~OO3\Agenda Item Request Grove Plaza Paracel C MPMD 05-0032-1-
OS.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUESr FORM,DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 05-003
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rum~~
Director of Planning & Zoning
FROM: Ed Breese ~
Principal Planner
DATE: January 4, 2005
SUBJECT: Grove Plaza - File No. MPMD 05-003
Master Plan Modification (Change on Parcel "C")
PROJECT NAME: Grove Plaza - MPMD 05-003
LOCATION: Grove Plaza, southeast corner of Lawrence Road and Hypoluxo Road
APPLICANT: Jason S. Mankoff of Weiner & Aronson, P.A.
LAND USE/ZONING:
Local Retail Commercial (LRC) / Community Commercial (C-3)
NATURE OF REQUEST
Mr. Jason S. Mankoff, agent for the owner, Grove Plaza "C" LLC, is requesting to modify the Subdivision
Master Plan for Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of
Lawrence Road (see Exhibit "A" - Location Map). The specific request is to modify the square footage of the
retail building originally approved on Parcel "C" of the Grove Plaza Master Plan (see Exhibit "B" - Proposed
Master Plan). Parcel "C" was initially approved for a 6,540 square foot retail building. This master plan
modification is required for the development of a 6,832 square foot minor automotive repair facility on Parcel
"C".
BACKGROUND/ ANALYSIS
The subject property was formerly the location of a landscaping and nursery business until it was annexed and
rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels,
each of which would require separate site plan review and approval. In 1999, a major modification to the
master plan was approved for the development of the first parcel (Parcel "A") and several changes to the
remaining parcels. Parcel "A" was approved for a gas station (7-Eleven convenience store with gas sales).
The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B", 6,540 square feet of
retail on Parcel "C", 9,000 square feet of retail on Parcel "D", a 3,600 square foot restaurant on Parcel "E", and
another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master
plan modification (MPMD 02-001) for a change in Parcel "E", from a restaurant to a one-story car-wash facility
(Motor City Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well.
Then, in March of 2004, the City Commission approved another master plan modification (MPMD 03-003) for
Parcel "F" to allow a 7,180 square foot retail building in place of a 3,600 square foot restaurant. The
accompanying site plan (NWSP 03-027) for the project (Auto Zone) was approved as well. On June 1, 2004,
Memorandum No, PZ 05-003
Grove Plaza (Grove Plaza Parcel "C"). MPMD 05-003
Page 2
"he City Commission approved the most recent modification to the master plan, amending Parcel "D" from the
Jreviously approved 9,000 square foot retail building, to an 11,972 square foot retail building, and the
companion site plan at the same time.
Each parcel is required to provide the minimum parking for their respective use as designated on the plan.
The following summary indicates the required and provided parking for each parcel:
Parcel Name Reauired Parkina Provided Parkinll
Parcel A 12 28
Parcel B 16 28
Parcel C 28 33
Parcel D 60 60
Parcel E 04 09
Parcel F 36 38
Throughout the master plan modification proposals, the applicant has continued to provide additional parking
to accommodate the changes in use or intensity.
In addressing the impacts associated with the master plan modification relative to Palm Beach County Traffic
Performance Standards, the applicant's consultant, Kimley-Horn and Associates, concluded that the change
would represent a minimal difference in traffic impacts to the daily a.m. peak or p.m. peak hour trip
qeneration over that previously approved. The statement was sent to the Traffic Division of Palm Beach
JUnty for their review and approval. Palm Beach County Traffic Division, on November 15, 2004, issued a
letter of determination that the project is in conformance with said standards.
No other changes affecting the overall master plan are contemplated in this request by the applicant.
RECOMMENDATION
The Technical Review Committee (TRC) has reviewed this master plan modification request and recommends
approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in
Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval.
MRjeb
Xc: Central File
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel .C. MPMD OS..o03\$laff Report.doc
..... .
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EXHIBIT "C"
Conditions of Approval
Project name: Grove Plaza Parcel C
File number: MPMD 05-003
Reference: 2nd review plans identified as a Master Plan Modification with a December ]4, 2004 Planning &
Z d ki
onlnl! ( ate stamp mar ng.
I DEPARTMENTS I 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
FORESTERlENVIRONMENT ALlST
Comments:
1. Item 6. Tract "G" has not been completed in accordance with the details X
noted in this item.
PLANNING AND ZONING
Comments:
-'T
'-,
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. The Parking Data table should be amended to correctly total the required X
parking (156 not 162) and the provided parking (196 not 200) for the entire
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\grove plaza\Grove Plaza Parcel C\MPMD 05-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Grove Plaza Parcel "C"
APPLICANT'S AGENT: Jason Mankoff, Weiner & Aronson, PA
APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1. 2005
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to convert Parcel "C"
from a proposed 6,540 square foot retail use to a 6,832 square
foot minor automotive repair use on a 0.823-acre parcel in a C-3
zoning district
LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\grove plaza\Grove Plaza Parcel C\MPMD 05-003\DO
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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
Meetine:Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) ~ 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)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business ('~)
':..J1
AGENDA ITEM 0 Public Hearing 0 Legal '--
;p-
O Bids 0 UnfInished Business :z
0 0 N
Announcement Presentation 0'
0 City Manager's Report "'"
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RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda undeg:,
Public Hearing (to be combined with the corresponding conditional use item). The Planning and Development Board
reviewed the request on January 25, 2005 and reconunends that it be approved, subject to all staff conunents, For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-003.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel C (MPMD 05-003)
Lution Hill
Grove Plaza C, LLC
3490 Hypoluxo Road
Request for master plan modification approval to convert Parcel "c" from a proposed
6,540 square foot retail use to a 6,832 square foot minor automotive repair facility.
PROGRAM IMPACT: N/A
NSCALIMPACT: N/A
ALTERNATIVES: N/A
~~~-
~
City Manager's Signature
2-tJ C ~ --
Planning and Z~ Director City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\MPMD 05-OO3\Agenda Item Request Grove Plaza Paracel C MPMD 05-003 2-)-
05.dot
S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 05-003
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rum;t{\~
Director of Planning & Zoning
FROM: Ed Breese ~
Principal Planner
DATE: January 4, 2005
SUBJECT: Grove Plaza - File No. MPMD 05-003
Master Plan Modification (Change on Parcel "C")
PROJECT NAME: Grove Plaza - MPMD 05-003
LOCATION: Grove Plaza, southeast corner of Lawrence Road and Hypoluxo Road
APPLICANT: Jason S. Mankoff of Weiner & Aronson, P.A.
LAND USE/ZONING:
Local Retail Commercial (LRC) / Community Commercial (C-3)
NATURE OF REQUEST
Mr. Jason S. Mankoff, agent for the owner, Grove Plaza "C" LLC, is requesting to modify the Subdivision
Master Plan for Grove Plaza. This development is located on the south side of Hypoluxo Road, just east of
Lawrence Road (see Exhibit "A" - Location Map). The specific request is to modify the square footage of the
retail building originally approved on Parcel "C" of the Grove Plaza Master Plan (see Exhibit "B" - Proposed
Master Plan). Parcel "C" was initially approved for a 6,540 square foot retail building. This master plan
modification is required for the development of a 6,832 square foot minor automotive repair facility on Parcel
"C".
BACKGROUND/ ANALYSIS
The subject property was formerly the location of a landscaping and nursery business until it was annexed and
rezoned. On September 19, 1995, the subdivision master plan was approved with six (6) separate parcels,
each of which would require separate site plan review and approval. In 1999, a major modification to the
master plan was approved for the development of the first parcel (Parcel "A'') and several changes to the
remaining parcels. Parcel "A" was approved for a gas station (7-Eleven convenience store with gas sales).
The remaining parcels consisted of the following: 3,800 square-foot bank on Parcel "B", 6,540 square feet of
retail on Parcel "C", 9,000 square feet of retail on Parcel "D", a 3,600 square foot restaurant on Parcel "E", and
another 3,600 square foot restaurant on Parcel "F". In July of 2002, the City Commission approved a master
plan modification (MPMD 02-001) for a change in Parcel "E", from a restaurant to a one-story car-wash facility
(Motor City Car Wash). The accompanying site plan (NWSP 02-007) for the car wash was approved as well.
Then, in March of 2004, the City Commission approved another master plan modification (MPMD 03-003) for
Parcel "F" to allow a 7,180 square foot retail building in place of a 3,600 square foot restaurant. The
accompanying site plan (NWSP 03-027) for the project (Auto Zone) was approved as well. On June 1, 2004,
Memorandum No. PZ 05-003
Grove Plaza (Grove Plaza Parcel "e"), MPMD 05-003
Page 2
the City Commission approved the most recent modification to the master plan, amending Parcel "0" from the
reviously approved 9,000 square foot retail building, to an 11,972 square foot retail building, and the
companion site plan at the same time.
Each parcel is required to provide the minimum parking for their respective use as designated on the plan.
The following summary indicates the required and provided parking for each parcel:
Parcel Name Reauired Parkina Provided Parking
Parcel A 12 28
Parcel B 16 28
Parcel C 28 33
Parcel D 60 60
Parcel E 04 09
Parcel F 36 38
Throughout the master plan modification proposals, the applicant has continued to provide additional parking
to accommodate the changes in use or intensity.
In addressing the impacts associated with the master plan modification relative to Palm Beach County Traffic
Performance Standards, the applicant's consultant, Kimley-Horn and Associates, concluded that the change
would represent a minimal difference in traffic impacts to the daily a.m. peak or p.m. peak hour trip
generation over that previously approved. The statement was sent to the Traffic Division of Palm Beach
-ounty for their review and approval. Palm Beach County Traffic Division, on November 15, 2004, issued a
-,tter of determination that the project is in conformance with said standards.
No other changes affecting the overall master plan are contemplated in this request by the applicant.
RECOMMENDATION
The Technical Review Committee (TRC) has reviewed this master plan modification request and recommends
approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in
Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval.
MR{eb
Xc: Central File
S:\P1anning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel .C. MPMD 05-003\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Grove Plaza Parcel C
File number: MPMD 05-003
Reference: 2nd review plans identified as a Master Plan Modification with a December 14,2004 Planning &
d ki
Zoning ate stamp mar n/;.
I DEPARTMENTS I INCLUDE \ REJECT !
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
1. Item 6. Tract "0" has not been completed in accordance with the details X
noted in this item.
PLANNING AND ZONING
Comments:
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2, The Parking Data table should be amended to correctly total the required X
parking (156 not 162) and the provided parking (196 not 200) for the entire
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\grove plaza\Grove Plaza Parcel C\MPMD 05-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Grove Plaza Parcel "C"
APPLICANTS AGENT: Jason Mankoff, Weiner & Aronson, PA
APPLICANTS ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2005
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to convert Parcel "C"
from a proposed 6,540 square foot retail use to a 6,832 square
foot minor automotive repair use on a 0.823-acre parcel in a C-3
zoning district
LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board. which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2, The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit 'C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\MPMD 05-003\DO
forP&D.doc
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM F.
AGENDA ITEM REQUEST FORlu
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 Meetine: Dates in to City Clerk's Office
D December 7,2004 November 15,2004 (Noon.) [gJ February I, 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 I, 2005 February 14,2005 (Noon)
D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gJ 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: Ratification of City Manager's action to accept a proposal from C. R. Dunn, Inc.
for replacement of the lights at the Little League Park NOT TO EXCEED $53,930.
EXPLANATION: Due to Hurricanes Frances and Jeanne, 101 lights at the Little League Fields have been
damaged and require replacement. C. R. Dunn, Inc. is currently under contract with the City of West
Palm Beach (Bid #01/02-48 - exhibit "A").
PROGRAM IMPACT: If the replacement ofthe 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 oflights 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.
~ --------
D~ent Head's Signature
~
City Manager's Signature
Recreation & Parks
Department Name
City Attorney I Finance I Human Resources
S:IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM,DOC
RECREATION & PARKS DEPARTMENT
MEMORANDUM NO. 05-18
TO:
Kurt Bressner, City Manager
Wally Majors, Recreation & Parks Director ~f/
FROM:
DATE:
January 25, 2005
SUBJECT:
Little League Light Repairs
Subsequent to submitting a purchase order to Florida Electric Contracting Services, Inc. for
replacement of the damaged lights at Little League Park, we have been unable to come to tenns
with this vendor. The following is a summary of events:
. We originally chose Florida Electric because they submitted the lowest quote to provide this
service and they were on an existing government contract, which negated the need for a
formal bid process. They indicated that they could have the replacement fixtures in 3 to 4
weeks. They also indicated that they would need a survey. They were told at that time that
we could not provide the survey, They said that they would take care of it.
. After the P. O. was issued, we receivcd a call from Florida Electric asking us for a survey.
We told them that we could not provide it; however, we did give them a pole layout diagram,
A few days later they sent us a request to provide them with numerous measurements. We
indicated to them that we did not have the manpower to perfonn what should be part of their
job. They also indicated that it would be 5 to 6 weeks for delivery of the fixtures, not the 3 to
4 weeks as previously indicated.
. It was decided that Florida Electric was not performing according to the purchase order. The
City Attorney's office advised us to send them a fax reminding them that the contract is
subject to approval by the City Commission and not to proceed until advised by staff that it
had been approved.
. Florida Electric sent a letter to us that contained only an estimated time frame and requested
an additional $1,000.00 for the measurements. We were advised by the City Attorney's
office to send a letter and a fax to Florida Electric canceling the P.O,
During this time, we discovered another company, C, R. Dunn, Inc., who are currently on an
annual contract with the City of West Palm Beach for Recreation & Street Lighting Installation,
Repair & Maintenance. They have submitted a quote that is $19,645 less than the Florida
Electric quote. We recommend accepting C.R, Dunn, lnc.'s proposal.
/wm
c: Wilfred Hawkins, Assistant City Manager
Jody Rivers, Parks Superintendent
(attachments)
,Jan 06 05 02:52p
C. R. DUNN, INC.
5615851233
p.l
f..XHISI'I -4
.
C. R. Dunn, Inc.
Electrical Construction
1202 Pope Lane / Lake Worth, Fl. 33460
(561) 585 2155/ fax (561) 5851233
EC 0001097 EC 0001144
PROPOSAL
To, Boynton Beach
AI"" Norm dougJas
Daleo January 6. 2005
Pmject' Little League Park
We submit the following proposal to)'ou 1...) a confidential basis. the infonnatioo in this proposal is not ro be shared with any other
person withcut our written pennission. Proposal pertainstto the following plans and specifications.
"
Furnish and install one hundred and one (101) 1500 watt metal halide sports light
fixtures, ballasts, and lamps. We will utilize all existing poles and cross arms along with
existing circuitry. Our price includes labor to install, equipment, fixtures, ballasts, lamps
and miscellaneous hardware. Photo metrics are not included but is an adder listed below
Lump Sum
$49,560.00
Furnish a Cad drawing showing photometries and aiming of new fixtures signed and
sealed by a Florida Registered P.E. and the labor and equipment to aim the fixtures per
the drawing.
Add
$4,370.00
This proposal is to remain oonfidential. This proposnl is accepted by }'Qu in any of the following methods: A) Utilizing our prices
And or value engineering ideas for an)' purpose, including but not limited 10 sharing or shopping our prioe or ideas. with any other
rerson. B) Requesting us to proceed with any of the work for this project C) Written acceptance ofthis proposal including letter
of inlcnt 10 enter ioto a oontracl
Respectfully submitted
By: Charles G. Fitch
L\~a
Io~\ ~ 5S,Q,~O.CO
~."..........."".~"........
16/61/2664 13:12 5518350028
Sep 23 O~ 11:228
,...,. -'.
~~/231Z0e4 08:50
C.R.DUNN, INC.
5619359829
C1TY OF WPB
SSISS5:l23:J
F'lGE 61/m
p.1
PAG: i:ll/m
Cl1Y OF l-.l'B
E\"HSfr .4
07he
ity
Of
WestCPaltn ':Headt
rROCVF.EMEI'fI' PJVlSJON
IM5 C".1"1ollo Avenue
W"ll'alm B...ch. fL 33401
Office: .561-liS9-811%
F..., ,561.g~S"OII'2tl
"Tho Capiral City <ifrM Ralm ]Jttachn ,.
CONTRACT ItENEWAL AGREI!MEHT
NAME oF BJD:
Annual Contract for Electrical Servlcei
BID NUMBER.:
5..11I112___
~ ~nt belweeI'l tne City of west p,dm ae.ch, florida, Owner; ill1<J
C. R. \)lHIW, be.
1202 pope LaDe
Lake WerllI, FL 33460
Contnd Renewal PeriOd: ...- :L ......... - s.__:IO. :&PlIlI
K:71' 1 hereby 89_ IX) renew !he l!ll1Stln9 CIOntrart and hone. tM same kmIS.
~tiOfl5. prlclrl9.
D 1 i1otI'ellV eJect IIIlt \0 renew lhe ~ 1<>1' Il1e optlon ........at per1<xII.
C. R. DUNN. INC
~pF~'-"".
~ . '.
C,~,l;jG~
SlGN,l.1\JRE
561-58S-i~_
(ARfII> CODE) PHlINE W~eeR
-p.....a.;..:l........
TlT!.E
'P're.91dent
septe-mbel' 23!...2~
OAlI:
s. I'Jocurement 0/IldaI, cnv at W~ Palm !leach
"All Ef"'" Op~r/II.I" B""'"
CI \ 1-5 \,yJO,-!
Dati!
Jan 25 05 03:57p
C. R. DUNN, INC.
5810851;'33
p.2
ORIGINAL
CITY OF WEST PALM BEACH
ANNUAL CONTRACT FOR RECREATION & STREET LIGHTING
INSTALLATION. REPAIR & MAINTENANCE
tXMiOl' ;f
M
THIS CONTRACT is made and entered into as of the cYo _ day of
'\4~co ,2003, by and between the CITY OF WEST PALM BEACH, a municipal
corporation of the State of Florida whose address is 200 2nd Street, West Palm Beach, Florida
33401 (the "City"") and C,R. DUNN, INC., a Florida corporation, WhOSE prinCipal address is 1202
Pope Lane, Lake Worth. FL 33460 (the "Contractor").
WITNESSETH:
WHEREAS. the City issued its Invitation to Bid #01/02-48 pursuant to state and local IEW to
solicit sealed bids for the installation, repair and maintenance of recreational and street lightin~ on
an annual basis; and
WHEREAS, in response to the Invitation to Bid. Contractor subr.nltted its Sealed Bid (the
"Bid"). which bid was determined to be the best value to the City;
NOW THEREFORE, in consideration of the promises and mutual covenants and obliqalions
herein contained, and subject to the terms and condiIions herein stated, the parties l1eleto
understand and agree as Iollows:
1, Scope of Services:
1.1 Contractor shall provide all the materials. supplies, equipme,t and labor necessart to
perform in a good, firm, substantial, workmanlike manner the seNices to be pro'tided to the City by
the Contractor, on a non-exclusive basis, including:
(a) the scope of seNices set forth in the Invitation to Biel which is herEby
incorporated by reference in its entirety; and
(b) Contractor shall perform the installation and/or removal, replacement ald
repair of new and/or eXisting street lighting, park lighting, walkway lighting, parking lot and facHitlE'S,
lighting, recreation and sport field lighting (the "SeNices"). The SeNices shall include all relat"d
electrical work, including but not limited to: controls, assembly, installatien of all types of pOlES,
fixtures, brackets. electrical panels, lamps, receptacles, breakers ane' service connections.
Contractor recognizes that In order to perform the Services. it may be required to directional bore,
trench, install conduit and wiring above and below ground, demolish anC replace concrete and
asphalt driveways and sidewalks, remove and replace landscaping and other requirements
necessary to perform each task, Contractor shall arrange for City inspection of work performed,
Time Shall be of the essence with respect 10 all malters set forth in this COlllract.
(c) Contractor shall obtain, at its own expense, all m,cess,,,y licenses and
permits required by law or ordinance necessary to perform the SeNices and maintain the same in
full force and effect. Any changes of the licenses or permits shall be reporte'd 10 the City within Ie 1
(10) working days of the change,
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(d) The City will supply materials such as light poles, luminaires, lamps wi oe and
conduit. The City reserves the right to purchase and provide any and all material for a specific
project.
(e) All materials and Services shall be in compliance with City. Palm Ileach
County, State of Florida and Federal regulations, codes and standard<" including the most recent
National Electric Code.
1.2 The term "Contract" shall include all the terms and conditions set forth In the
Invitation to Bid #01/02-48, the Bid, and this Contract document Contract all of which taken to[lether
form the "Contract", Unless the context requires otherwise, all referencE's to "this Contract" ard use
of the terms "herein", "hereby", "hereof," "herelo", "hereunder", and the like shall be deeIT ed to
include the Invitation to Bid, the Bid, this Contract and any addenda thereto.
2, ControJlinQ Provisions, Except as otherwise speCifically provided herein, In the
event of any conflict between the specific provisions of this Contract, and the requirerneClts or
provisions of the Invitation to Bid, the provisions shall be given preceden'~e in he following md"r: (1)
this Contract, (2) the Invitation to Bid; and (3) the Bid, Wherever possible, the provisio 1S or
provisions of the documents shall be construed in such manner as to avcid conflicts het'r;een
provisions of the various documents.
3, Term and Renewal.
3,1 The effective date of this Contract is October 1, 2003, shall continue and remain in
full force and effect thereafter for a period of three (3) years. unless terminated earlier as provided
herein.
3.2 The City shall have the exclusive right to renew this Con Iract for one (1) additional
twelve (12) month period. Options to renew will be only exercised upor a written Cortract
amendment executed by both parties, The Rates set forth in Section 8 shall remain in effect fer the
initial term. Fees for any renewal period will be negotiated at the time of renewal, but shall not
exceed the increase in the Consumer Price Index for the previous year. jl,ny renewals well be
subject to the appropriation of funds by the City.
4. Service ReQuests and EmerQency Response.
4.1 Contractor shall provide a 24-hour/ 7 day per week teJep~one answering or be,per
service to accept and record service call requests from the City. Request; deemed by the City 10 be
and emergency shall require Services to be commenced within two (2) hours frcm the time the cell is
placed. Contractor shall be available to perform Services 24 hours per day, i' days per weef , as
requested by the City. Non-emergency or standard Service requests shall be commenced Within
twenty-four (24) hours from the 'service request call is made; however, unless the City authorizes
premium labor rate for such work, Services shall commence at the next ~tandard labor rate p,'riod
after 24 hours,
4.2 Contractor agrees to provide Services to the City on a "firsl priority" and emerge ncy
basis before, during and/or after a public emergency, disaster, hurricane. flood or Act of God
5. Work Site Safety. Contractor shall, at all times, guard against damage or loss to the
property of the City, Contractor's own property, and/or that of other contractors, and shali be held
responsible for replacing or repairing any such loss or damage, When applicable, Contractor shall
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provide fences, signs, barricades. flashing lights, etc" necessary to protect and secure thE work
site(s) and insure that all City, County, State of Florida, OSHA and any other applicable ,afety
regulations are met. Contractor shall also provide for the prompt rerr,oval of all debris from City
property, The City may withhold payment or make such deductions as deemed necessary 10 ensure
reimbursement or replacement for loss or damage to property through negligence of the Contractor.
6. Warranty. Contractor shall furnish manufacturer warranty forall equipment and parts
furnished, Should any defect in materials or workmanship, excepting nc.rmal wear and tear, aJpear
during the stated warranty period, upon written notice from the City, Contractor shall repair or
replace same at no cost to the City, Replaced parts shall remain the property cf the City, excE'pl as
otherwise authorized by the City,
7. Purchase Orders. The City shall issue individual purchc,se orders from time to time
for each assignment. The Services to be provided under each assignment shall commence alld be
completed by the dates indicated in each purchase order The City does not guaranteE' any
minimum amount of work. or the extent of services required for tree renoval.
8. Rates. As compensation for Services rendered by Contractor to the City, thE' City
shall pay Contractor in accordance with the following rates, No additional charges or fees will be
paid by the City for Services:
8,1 Labor Rates, Labor time shall commence upon site arrival and terminate upon
departure, in 0.25 hour increments. City shall not pay for travel time to and from job site, Standard
labor rates shall be charged for work performed during the hours of 7:00 a.m, to 6:00 p.m" Monday
through Friday. Premium labor rates shall be charged for work performed during the hours of 6:00
p.m, to 7:00 a,m, on weekdays and anytime on weekends,
Supervisor
Foreman
Journeyman (licensed)
Apprentice
Helper
Standard Hourlv
$30/ hr.
$38 / hr.
$35/ hr.
$25/ hr.
$15/ hr.
Pren:!lum Hourly
$45 I hr,
$57,' hr.
$52.30 1 hr.
$37.,30/ hr.
$22.501 h-.
8.2
Equipment Rates.
HourlY Rat~
Bucket Truck - 70' Maximum Working Height
Bucket Truck - 70' to 120' Working Height
Auger Truck w/Hydro Crane
Water Truck wlJet Pump
Crane Truck, 25 ton crane
Crane Truck, 50 ton crane
Rock Wheel for 6" wide trench thru asphalt &
concrete up to 30" depth
Pole Trailer
Trencher to 3' Depth
$35.00/hr.
$35.00/hr,
$35.00/hr.
$35,OO/hr.
$85,(J0/hr.
$12500/hr.
$40,Co/hr.
$10,OO/hr
$35.00/hr.
8.3
Materials and Supplies.
Cost plus 15%.
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8.4 AdditiDnal Equipment and SefVices.
KnDck down and remove pole, install new pDle,
luminaire, fixture & wire, dispose Df pole $395.00/each
Trench in roadway wlrDck base, 26" deep. restored
with compacted subgrade, 10" thick compacted rock
base with 3" thick hot mix asphalt in tow lifts, including
installation of 1,5" city supplied Schedule 40 PVC conduit $G.50/L,F,
Directional bore, 2" diameter hole $8,QO/LF,
8,5 The City will not be charged for mobilization. transportation, fuel or any ,other
incidental expenses related to the perfonnance of this contract. The Rates shall be full
compensation for all equipment, vehicles, tools, labor, fuel. oil, grease, insurance, taxes, fees, plant,
transportation, suspensions, delays and incidentals necessary to complete the SefVices described in
this Agreement.
9, Invoices. All invoices for SefVices shall be submitted to the City in duplicate and
include description of services rendered, Invoices mush show the name of the Department,
Division, or SectiDn for which the services were perfonned, and the City 0' West Palm B"ach
Purchase Order Number, The invoices must list the labor classification along with the hourly rate
charged and hours worked. Material and supplies provided by Contractor must be listed separately
and include quantity and cost. Totals per item and per invoice must be included. The Drininal
invoice is tD be presented to the designated City employee. During the course of this Contract, the
Contractor may invoice the City for services rendered no more than once per month. The Citl' will
pay invoices submitted in conformance with this Contract within thirty (:30) Galendar days after
submittal.
10. Payment. This Agreement is based on an hourly basis. Labor and equipment, hall
be available on an "as needed basis" with nD guarantee by the City of the amount of use. Payment
will be made by the City after Work has been perfDrmed/sefVices have beEln received, accepted and
properly invoiced.
11, Suspension of the Work. The City' may suspend the Services under this Cont-act
on account of: a) a default of the Contractor; b) unfavorable weather cDnditiDns; c) mechanical
failure of equipment being used in the prosecution of the Services under this Contract and the work
being done by City forces adjunctive thereto; d) any other condition which, in the judgment of the
City makes it impractical to secure first-class results.
12, Termination.
12,1 City reserves the right to terminate this Contract in the evert that the performance of
the Services is not satisfactory to City.
12.2 This Contract is expressly conditioned upon the availability of funds lawflJlly
appropriated and available for the purposes set out herein as determined in the sDle discretior of
the City. In the event funds to finance this Contract become unavailable. the City may terminate
this Contract upon nD less than twenty-four (24) hours notice, written and delivered to Contraclor.
The City shall be the sDle and final authority as to the availability of funds.
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12,3 The City may, whenever the interests of the City so require. terminate this Agreement
for the convenience of the City, upon seven (7) days written notice to the Contractor. L nless
directed differently in the notice of termination, Contractor shall incur no further obligations in
connection with the terminated work and will stop work to the extent specified and on the date given
in the notice of termination. The City shall compensate Contractor for all authorized work
satisfactorily performed through the termination date under the payment terms set forth hemin,
13, Insurance. The Contractor shall maintain at all times during the lerm cf this
Contract, and any renewal periods, policies of insurance, for coverage in an at least the following
minimum limits:
(a) Comprehensive general liability, including contractualliaiJility ir surance coverirg the
indemnification provision of this Contract in the minim~m amount of $1,000,000
combined single limit occurrence form, covering dama,les fOl- bodily and per:;onal
injury, including wrongful death. as well as claims of property damages whicl may
arise from any Services or operations under this Contract, whether such operE lions
be by the Contractor or by anyone directly or indirectly employed by the Contractor;
and
(b) "Any auto" or comprehensive occurrence form policy in the minimum amount of
$1,000,000 combined, single limit for bodily injury and property damage liability,
(c) Worker's Compensation Insurance in at least such amounts as are required by law
for all its employees per Florida Statute 440.02. Employer's liability insurance nust
be maintained in an amount not less than $100,000,
(d) Excess liability, umbrella form, in a minimum amount of $5,000.000,
13.2 Certificates of insurance stating the types of coverage provided, limits of liability, and
expiration dates, shall be provided to the City before full execution of the Contract The City shedl be
named as an additional insured on all policies. The required certificates of insurance shall not only
name the types of policies provided, but shall also refer specifically to an awarded Contract, in
accordance with which such insurance is being furnished, and shall state that such insurance IS as
required by the Contract. The Certificates of Insurance shall provide that no change in the tyr e of
coverage, or dollar limits of coverage or cancellation, including expiration and non-renewal, shall be
effective until thirty (30) days after receipt of written notice by the City.
14. Indemnification. The Contractor shall indemnify, defend, save and hold harmess
City, its officers, agents and employees, from all claims, damages, losse1>, liabilities and exper ses
arising out of the operations of the Contractor or its subcontractors, agents, officers, servants,
independent contractors or employees pursuant to this Contract, specifically including, but not
limited to, those caused by or arising out of (a) any act, omission, default or negligence of the
Contractor in the provision of the seNices under this Contract; (b) property damage or personal
injury, including death, which damage, injury or death arises out of or is incidental to or in any 'Nay
connected with Contractor's execution of seNices under this Contract; or Ie) the violation offedmal,
state, county or municipal laws, ordinances or regulations by the Contractor, and (d) as set forth in
the Invitation to Bid. Nothing in this Contract shall be deemed to waive or affect the rights, privileges
and immunities of the City as set forth in Section 768.28, Florida Statute:;.
15. Independent Contractor. Contractor is an independent contractor and is not an
employee or agent of the City, Nothing In this Contract shall be interpretE'd to establish ,3ny
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relationship other than that of an independent contractor between t'1e City and Contractor, its
employees, agents, subcontractors or assigns throughout the term of this Contract.
16. Sub-ContractinQ, Contractor may sub-contract ServicES pro'Jided: 1) City prc,vides
prior written authorization to sub-contract; 2) any sub-contractors will be independent Small
Business sub-contractors approved by the City pursuant to the terms of the InvItation to Bid alld the
City's Small Business Ordinance; and 3) the approved sub-contractors and/or Contractor (,blain
Worker's Compensation Insurance insuring any such sub-contractors, Employees or agents, which
insurance is acceptable to the City's Risk Manager.
17. Force Maieure, In the event ofa hurricane, tornado, fire flood, major storm or other
natural disaster or epidemic, war, civil disturbance, terrorist activity or g,)vernment actions bE yond
the control of Contractor and which results in the prevention or delay of performance by Contmctor,
the Purchasing Official may grant the Contractor a variance from time and Service requiremonts.
18. Taxes. Contractor understands that, in performing Services for the City, Contnctor
is not exempt from paying sales tax to Contractor's suppliers for the materials required for
Contractor to perform under this Contract. Contractor shall not be authorized to use the City's tax
exemption number for purchasing supplies and materials.
19. Small Business ProQram Participation. The Contractor shall comply with the
requirements of the Small Business Program Ordinance, Ordinance No, .3361)-00, throughout the
term of the Agreement. The Invitation to Bid contained a goal of Small Business participation ill the
amounlof 10.0% of the fee and work related to this engagement. FEilure::>f the Contracl')f to
mainlain Small Business participation aI the proposed level may require evidence of a good faith
effort by Contractor and may be considered cause for cancellation of this Agreement.
20. Non-Discrimination. The Contractor warrants and represents that all of its
employees and applicants for employment are treated equally without re,'ard to race, color, reliqion,
disability, gender, age, national origin. ancestry, marital status or sexual orientation,
21. Unauthorized Aliens. The City shall consider the employment by Contractor of
unauthorized aliens a violation of section 27 4A( e) of the Immigration an Nationalization Act. ~ uch
violation shall be cause for unilateral cancellation of this Contract.
22. Fair Labor Standards Act. The Contractor is required to pay all employees notess
than the Federal minimum wage and to abide by other requirements as established by the Congress
of the United States in the Fair Labor Standards Act, as amended from time-to-time.
23. Compliance with Laws. The Contractorshall comply with all applicable City, State
and Federal Jaws relating to the provision of Services under this Contract. now or hereafter in effect.
The Contractor shall comply with all applicable City, State and Federa laws relating to wa~les,
hours, and al/ other applicable laws relating to the employment or protection of employees. now or
hereafter in effect.
24, RiQht to Audit. Contractor shall maintain within Palm Beach County adequate
records of Ihe Services provided during the Contract term and for two years following the
termination of the Contract. City, from time to time. during Contractor business hours and with at
least 24 hours prior notice to the Contractor, shall have the right to audit the Contractor's books ,md
records. at the City's expense. with regard to the accounts and services vovided to or on behalf of
the City hereunder 10 ensure that all aspects of the Contract are behg met. Failure by ~he
Contractor to permit such audit shall be grounds for termination of this Contract by the City
City of West Palm Beoch - Annual Contracl- Street Lighting 052103
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25. Public Records Law, The Contractor shall allow public access to all documents,
papers, letters or other material subject to the provisions of Chapter 119, Florida SIatutes, and made
or received by the Contractor in conjunction with this Contract. Failure by the Contractor to grant
such public access shall be grounds for immediate unilateral cancellation of this Contract by the
City,
26, Representations, Warranties and Covenants.
26,1. The Contractor hereby represents and warrants to the City that it has full power and
authority to enter into this Contract and fully perform its obligations hereunder without the need for
any further corporate or governmental consents or approvals. and that The persons executin!l this
Contract are authorized to execute and deliver it. Assuming the due authorization, execution,
delivery, legality and enforceability hereof by or against the City when executed and delivered tythe
parties. this Contract will constitute a valid and binding Contract of the Contractor, enforcE'able
against it in accordance with its terms, subject only to the application of general principles of e:juity
and limitations arising from bankruptcy, insolvency, moratorium and other similar laws aflectin'J the
rights of creditors generally.
26.2 The Contractor has not employed or retained any person employed by the City to
solicit or secure this Contract and it has not offered to pay, paid, or agreed 10 pay any person
employed by the City any fee, commission percentage. brokerage fee, or gift 01 any kind contin Jent
upon or resulting from the award of this Contract.
26.3 The Contractor represents that it is duly licensed to perform the Services under this
Contract.
26.4 The Contractor is aware of the conflict of interest laws of the ordinances and
regulations of the City and the State of Florida, and covenants thatthe Contractor will fully comJ:: Jy in
all material respects with the tenns of said laws.
27. Waiver. No waiver of a breach of any provision of this Contract shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing,
28. Severability. Should any provisions, paragraphs, sentences, words or phrases
contained in this Contract be determined by a court of competent jurisdiction to be invalid, iIIegcd or
otherwise unenforceable under the laws of the State of Florida or the City, such provisic ns,
paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order
to conform with such laws, and to the extent they cannot be so modified. then same shall be
deemed severable. and in either event, the remaining terms and provisions in this Contract sl1all
remain unmodified and in full force and eflecl.
29. Notices. All written notices, demands and other communications required or
provided for under this Contract shall be sent by certified mail, return receipt requested. post"ge
prepaid, in the case of mailing. or by overnight or same day courier. or by electronic transmisson
producing a written record, or hand delivered to the following address and person bearing 'he
following title for each party hereto or such other addressee or person as "hall be designated by a
party in a written notice given in the manner required hereby:
City of West Palm Beach - Annual Contract _ Street Lighting 052103
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to City:
City of West Palm Beach
P.O. Box 3366
West Palm Beach, FL 33402
Attn.: Procurement Official
to Contractor:
[at address on first page on contract]
30, Modification. There may be no modification of this Contract, except in a Vlriting
executed with the same formalities as this document.
31. Assianmenl. Neither party shall assign this Contract, or any interest herem, or
delegate any of its duties hereunder.
33. Governina Law! Jurisdiction I Enforcement.
33.1 This Contract shall be construed and enforced according to the laws of the Stc te of
Florida. The Uniform Commercial Code. as adopted by the State of Florjja, shall supply term, and
conditions not specifically provided in the Contract.
33,2 The parties hereto agree that the state or federal courts located in the State of FliJrida
shall have the exclusive jurisdiction over the parties and the subject mattElr of any litigation betvleen
the parties arising hereunder. For purposes of state court action. venue shall lie in Palm Br'ach
County. Florida, and for purposes of federal court action, venue shall lie in the Southern District of
Florida, Contractor waives any claims of an inconvenient forum or venue.
33.3. The City is entitled to its attorneys' fees and costs in any "'''gal action to enforCE the
provisions of this Contract.
34. Other Government Aaencies. Contractor agrees that th,s Contract constitute, an
offer to contract to other government entities and to all entities of the City of West Palm Bench.
Florida. provided that the conditions and circumstances are the same, This Contract in no Nay
restricts or interferes with the right of any government entity of the City to bid for the same or similar
services.
35. Entire Contract. This Contract, including the RFP and the Proposal, set forth the
entire understanding between the parties with respect to the subject mattE r hereof and shall go\ern
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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the respective duties and obligations of the parties, superseding any other written 01 oral
representations, statements, negotiations, or Contracts to the contrary.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. in
duplicate copies, each of which shall constitute an original, as of the day and year first above WI itten ,
ATTEST:
CITYO~~
By,
Lois J. Frankel, Mayor
Theresse du Bouchet
City Clerk
CITY ATTORNEY'S OFFICE
Approved a8'0 form
And~~iCienCI
By: _
Date: {r/. Q3
WITNp.sSES
\
Contractor:
C.R. DUNN, INC.
By: ~~)--bt~_~
ClyEle -t<. Dunn, Pres:dent
F:WDU\Agreemenls\StreetUghtAnnuaIK.doc
City of West Palm Beach - Annual Contract- Street lighting 052103
..9-
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM G.
AGENDA ITEM REQUEST FOR..
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetuw Dates in to City Clerk's Office Meetinl! Dates
0 December 7, 2004 November 15,2004 (Noon.) ~ February 1,2005
0 December 2 I, 2004 December 6,2004 (Noon) 0 February 15,2005
0 JanuaI)' 4, 2005 December 20, 2004 (Noon) 0 March 1,2005
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15.2005
Date Final Fonn Must be Turned
in to City Clerk's Office
January 17,2005 (Noon)
January 31,2005 (Noon)
February 14,2005 (Noon)
February 28, 2005 (Nooil)'
,.--"j
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0 Administrative 0 Development Plans
~ 0 ~
NATURE OF Consent Agenda New Business
AGENDA ITEM 0 0 -0
Public Hearing Legal ~
0 Bids 0 Unfmished Business N
0 Announcement 0 Presentation 0
GJ
0 City Manager's Report
RECOMMENDATION:
Motion to approve full release of surety covering the water and sewer systems for the project known as
Medical Arts Professional Center, Ltd. and returning Letter of Credit No. 637961-1 from Fidelity Federal
Bank & Trust to the developer, Hematology Oncology Associates Properties, Inc.
EXPLANATION:
The water and sewer systems serving this project have been completed, all documentation has been
provided and the system has operated satisfactorily through the warranty period. The surety may now be
returned to the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None.
^
ll~ ^'/
Dep
~
City Manager's Signature
Utilities
Department Name
xc: Peter Mazzella (w/copy of attachments)
Mary Munro, Finance Dept.
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
FIDELITY FEDERAL
2 '7 2004
BANK&.TRUST
, ~
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September 23, 2004
City Commission of Boynton Beach
clo City Engineer. Agent for the City
100 East Boynton Beach Blvd,
Boynton Beach, FL 33435
Re: Letter of Credit #637961-1 - $101,597.10 - Medical Arts Professional Center, Ltd,
To Whom It May Concern:
Please be advised that Medical Arts Professional Center, Ltd. will not be renewing the above
referenced Letter of Credit at the January 16'h maturity.
I ask that you forward the original Letter to me as soon as possible to the address noted below.
If you have any questions, or concerns, please contact me at (561) 514-9301, Thank you for your
time and attention in this matter.
Sincerely,
~____ yVC;;"~
Beth Weikart
Commercial Portfolio Specialist
is)
'--
LEOlIDER
Corporate Offices: 205 Datura Street. West Palm Beach, FL 33401-5679. (561) 803-9900
FDIC
In.u,.d
f fH?\~ (LOR Ch~. 7. Art I, S~. 3.A)
CLEAN IRREVOCABLE LETTER OF CREDIT
TO: City Commission oCBoynton Beach
clo City Engineer, Agent for the City
100 East Boynton Beach Boulevard
Boynton Beach. Florida 33435
RE: Our Letter of Credit No. 637961
Building Permit No. 0200003248;
A parcel land in Section 32, Township 45 South,
Range 43 East, City oCBoynton Beach. Fl., described
as follows: The E. 460' of the W 510' of the N. 380' of
the S. 420' of the NW Y4 of32-45-43,less and except
lands described in O.R Book 5402, Page 670, public
records of Palm Beach County, Florida.
Date: Januarv 16 2003
AmountUSD$lOI 597 10
Expiration Date: January 16, 2004
We hereby open our Amended Clean Irrevocable Letter aCCredit No. 637961 in favor of the City of
Boynton Beach, Florida ("City") for the initial amount of one hundred one thousand five hundred
ninety seven and 10l1OOU.S. Dollars ($101,597.10) effective as of this date, which shall remain
effective until released by a Resolution adopted by the City Commission at a regular city
Commission scheduled meeting.
TIlls Letter of Credit is issued pursuant to insure installation of potable water and sanitary sewer
utilities that will be owned by the City of Boynton Beach, serving the Medical Arts Professional
Center.
The initial amount of funds available under this Letter of Credit and stated about may be reduced
from time to time by the Director of Utilities or the Assistant City Manager City Engineer, as the
agent for the City of Boynton Beach. in accordance with the requirements oftbe SubdivisiOB,
Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land
Development Regulations. We hereby agree that such reduction shall not be effective until we have
furnished a written amendments to this Letter of Credit. Such amendment shall reference this Letter
of Credit as well as the Project Name, as set out herein, and the new amount requested.
Fmds under this Letter of Credit are available to the City hereunder, not to exceed the current
available amount subsequent to any authorized reductions of this Credit against the City's demand,
by its authorized agent named above, for payment to us mentioning our Letter of Credit No.
ill2fil.
"',FJI)I"J)Al^.!"~TTI'ISIfEL8~EtlI(""'l"'USU'TT~R'l..otl~d.><
Co<po,ateOfflces:205DaturaStreeC,w.stp.alm8each,fL33401_56W'(561)803-9900
~!!!\
When the City's demand for payment is received at 205 Datura Street, West Palm Beach, Florida
33401, on or prior to the Expiration Date, it will be promptly honored.
This letter of credit shall be automatically renewed for successive periods of one (I) year each
unless the issuer of the letter of credit provides the City written notice of its intent to cancel the
letter of credit. Said notice must be provided at least ninety (90) days prior to the expiration of
the date of the original term or any renewed one (1) year term. Notice to the City that the letter of
credit will expire prior to the performance of the obligation guaranteed by the letter of credit shall
be deemed a default and shall entitle the City to collect on the letter of credit
Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be in
Palm Beach County, Florida.
Kindly address all correspondence regarding this Letter of Credit to the attention ofLette; of Credit
Department mentioning specifically out Credit Number.
Authorized signature:
FIDELITY FEDERAL B~ & ~UST
By ~ If~
Name (typed)
Christopher B. Cook
Title
Executive Vice President
Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the
Uniform Customs and Practices for Documentary Credits (1993 Revisions), International Chamber
of Commerce Publication No. 500.
F1DE.UIY FEDERAL BANK to.. TRUST ~ f!IS
.Cf(.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting: Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) IZI 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)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF IZI Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Motion to approve fnll release of surety covering the water and sewer systems for the project known as
Tuscany Bay (fka Leider PUD), and returning Letter of Credit No. ATLIP601403 in the amount of
$1,291,910 from SunTrust Bank to the developer, Centex Homes.
EXPLANATION:
The water and sewer systems serving this project have been completed, all documentation has been
provided and the system has operated satisfactorily through the warranty period. The surety may now be
returned to the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None.
Utilities
Department Name
d~' ,"'_
(, ~hJJJJ
City Attorney I Finance I Human Resources
xc: Peter Mazzella (w/copy ofattachments)
Mary Munro, Finance Dept.
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.I:KX?
SUNThUST
IRREVOCABLE LETTER OF CREDIT ATL/P601403PAGE 1
LETTER OF CREDIT NUMBER: ATL/P601403
ISSUANCE DATE: NOVEMBER 07, ZOOl EFFECTIVE: NOVEMBER 6, 2001
APPLICANT:
CENTEX HOMES
2728 N. HARWOOD
DALLAS, TX 75201
BENEFICIARY:
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FL 33435
FOR USD 1,291,910.00
(ONE MILLION TWO HUNDRED NINETY ONE THOUSAND NINE HUNDRED TEN
00/100 U.S. DOLLARS)
DATE OF EXPIRATION: NOVEMBER 06, ZOOZ
PLACE OF EXPIRATION: SEE BELOW
WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE CREDIT NO.
ATL/P601403 IN YOUR FAVOR FOR ACCOUNT OF CENTEX HOMES FOR AMOUNT
OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE USD 1,291,910.00 ONE
MILLION TWO HUNDRED NINETY ONE THOUSAND NINE HUNDRED TEN AND
00/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AI SIGHT ON
SUNTRUST BANK AND EXPIRING AT OUR OFFICE SHOWN BELOW ON NOVEMBER
6~ 2002.
FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S)
MENTIONING OUR CREDIT NUMBER.
IT IT A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE
DEEMED AUTOMATICALLY EXTENDED FOR lZ MONTHS FROM THE PRESENT
OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS 90 DAYS PRIOR TO
ANY SUCH DATE WE SHALL NOTIFY YOU BY REGISTERED MAIL OR OVERNIGHT
COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT
RENEWED FOR ANY SUCH ADDITIONAL PERIOD.
THIS LETTER OF CREDIT IS ISSUED PURSUANT TO THOSE CERTAIN
APPROVED PLANS FOR CONSTRUCTION OF REQUIRED ~ATER AND SEWER
If.fPROVEiotF.NTS, PERHIT NO! '19{17r/~iJJ 1: HEREAFTER "APPROVED PERMITS"-j
-r-
/1 f'~7r/J.6-(}w'C
_"'~'.'N."""'_~""" .~,. ...;.~.....,.. ....,'....."
SUNTRUST
IRREVOCABLE LETTER OF CREDIT ATL/PS01403PAGE Z
BETWEEN CENrEX HCMES AS DEVELOPER, AND THE CITY OF BOYNTON
BEACH, FLORIDA, TO DEVELOP A SUBDIVISION TO BE KNOWN AS
TUSCANY BAY (HEREAFTER "SUBDIVISION") AND TO CONSTRUCT AND
INSTALL THE REQUIRED IMPROVEMENTS PURSUANT TO THE TERMS OF
THE PERMIT AND APPROVED PLANS. THIS LETTER OF CREI)IT, , HQWEVER,
IS INDEPENDENT OF SAID APPROVED FERMIT AND REFERENCE HEREIN IS
FOR INFORMATION ONLY.
THIS INITIAL AMOUNT OF FUNDS AVAILABLE UNDER THIS CREDIT AS
STATED ABOVE MAY BE REDUCED BY THE CITY OF BOYNTON, BEACH
UTILITIES DIRECTOR. AS AUTHORIZED AGENT OF TilE Clry,.IDi'
BOYNTON BEACH, IN ACCORDANCE WITH THE REQUIREMENTS OF THE
SUBDIVISION AIm REQUIRED IM'FROYEMENTS REGULATION~" WE. HJi:'tEBY
AGREE THAT SUCH REDUCTION SHALL NOT BE EFFECTIVE 'UllTIL WE
HAVE FURNISHED A WRITTEN AMENDMENT TO THIS LETTER~F CREDIT.
SUCH AMENDMENT SHALL REFERji:NcE THIS LETTER OF CRji:IT.IT AS WELL
AS THE FERMIT NUMBER AND SUBDIVISION NAME, AS SET OUR HEREIN
AND THE NEW AMOUNT.
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO THE
CITY HER~UNDER NOT EXCEEDING.l/{AGCREGA'l'E THEAMo.U;N'f.OF THIS
CREDIT (AS SAID AMOUNT MAY BE';"'MENtJEDFROM TIME Tei: TiME
PURSUANT TO THE ABOVE PARAGRAPH lAGAINST THE CITY '.,5' DEMAND,
BY IT S AUTHORIZED AGENT NAl>fEj)' JqIOVE, JaR PA YME)i1'O}-I. US
MENTIONING OUR CREDIT NO. ATL/P601403.
WE ENGAGE WITH YOU TIIAT DRAFTSDRA1It-i U~IiER AND. IN b:ltUORMiITY
WITH THE TERMS OF THIS CR~DIT WILL BE DULY HONORED ON
PRESENTATION IF PRESENTED TO SUNTRUST ",!lANK ,zoo s6iJTll QRA.NGE
AVENUE, ATTN: INTERNATIONAL DIVISIO'N,STANDBY LETT'ERSOFCRED'IT~
ATL-MC3706, ORLANDO, FLORIDA 328.01 ON OR BEFORE THE, EXPIRY DATE.
THE ORIGINAL LETTEIt o.FCREOlt'MUST ACCOIIPANYTHE.!l'OCUMENTS
REQUIRED UNDER THIS tREDIT.
THE LETTER OF CREDIT IS ENFQRCEABLEI~A COURT OF COMPETENT
JURISDICTION IN PALM BEACH COUNTY. FLORIDA.
THIS LETTER OF CREDIT IS SUBJECrTO THE UNIFORM CUSTOMS
AND PRACTICE FOIt DOCUMENTARY CREDITS q993 REVIS'IOj",;
INTERNATIONAL CHAMB~R OF COMMERCE PUBLICATION 500 AND
TO THE LAWS OF THE STATE OF FLORIDA. IN THE EVEN'l' Pili'
CONFLICT THE LAWS OF THE STAtJtOFFLo.RIDA SH....n caJ./TROL.
PLEASE ADDRESS HL CORRESPONDENCE RE,G.AllDING THIS, LETTERQ,F
CREDIT TO THE ATTENTION OF OUR LETTER o.F CREDIT UNIT, '. TRADE
SERVICE GROUP, MENTIONING OUR REFERENCE NUMBER AS IT APPEARS
ABOVE.
CONTINUED ON NEXT PAGE
\AA~~
SUNTRUST
IRREVOCABLE LETTER OF CREDIT ATL/P5C1403PAGE 3
SINCERELY,
SUNTRUST BANK
FAGE 3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VIII.-PUBLIC HEARING
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Conunission
Meetim! Dates in to City Clerk's Office Meetine: Dates
D December 7. 2004 November 15, 2004 (Noon.) r2J February 1,2005
D December 21, 2004 December 6, 2004 (Noon) D February 15,2005
D January 4, 2005 December 20, 2004 (Noon) D March 1,2005
D January 18,2005 January 3, 2005 (Noon) D 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)
',j~~
"
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February 28, 2005 (Noou-
:P
~
N
D D 0'
Administrative Development Plans
NATURE OF D Consent Agenda D New Business ~
~
AGENDA ITEM r2J Pnblic Hearing r2J Legal -
D Bids D UnfInished Bnsiness Ul
m
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on
January 25,2005, and recormnends that the subject request be approved, For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-024.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
High Ridge/New Urhan Commnnities (ANEX 05-001)
Timothy Hernandez and Roger Decapito of New Urban Cormnunities, Inc.
Paramount Investment Group
Northwest comer of High Ridge Road and Miner Road
Request to annex:!:I8.438 acres ofIand current designated MR-5 (5 du/ac) and LR-2 (2
du/ac) and zoned RS (Single Family Residential) (Palin Beach County).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
~() ~ If
Planning an o~ irector City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\ANEX 05-001\Agenda Item Request High Ridge.New Urban Comm(ANEX
05-OO12-1..Q5.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 18.44+/- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY TERRITORY; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND PROPER
11 ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 CODIFICATION AND AN EFFECTIVE DATE;
16 PROVIDING THAT THIS ORDINANCE SHALL BE
17 FILED WITH THE CLERK OF THE CIRCUIT
18 COURT OF PALM BEACH COUNTY, FLORIDA,
19 UPON ADOPTION.
20
21 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
22 development of an Annexation Program; and
23 WHEREAS, the owners, Paramount Investment Group and George Kechriotis
24 Y and through their agent, New Urban Communities, Timothy L. Hernandez and Roger
25 Decapito, of the property more particularly described hereinafter, has heretofore filed a
26 Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
27 of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting
28 of approximately 18.44 acres; and
29 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
30 following tract of land as hereinafter described, in accordance with Article I, Section 7
31 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes;
32 and
33
S:\CA\Ordinances\planning\Annexations\Annexation - High Ridge New Urban. doc
1 WHEREAS, said tract of land lying and being within Palm Beach County is
2 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
3 annexation, constitute a reasonably compact addition to the City territory.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section I.
That each and every Whereas clause is true and correct.
7
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
8 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
9 unincorporated and contiguous tract of land situated and lying and being in the County
10 of Palm Beach, Florida, to wit:
11 See Legal Description attached
12
13 CONTAINING APPROXIMATELY 18.44 ACRES OF LAND
14
15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall
16 be and become part of the City with the same force and effect as though the same had
17 been originally incorporated in the territorial boundaries thereof.
18
Section3:
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
19 lorida, is hereby amended to reflect the annexation of said tract of land more particularly
20 escribed in Section 2 ofthis Ordinance.
21
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
22 oning designation and Land Use category is being determined as contemplated in Section
23 71.162(2), Florida Statutes.
Section 5,
All ordinances or parts of ordinances in conflict herewith are hereby
24
25 epealed.
26 Section 6: Should any section or provision of this Ordinance or any portion thereof
S:\CA\Ordinances\Planning\Annexations\Aonexation - High Ridge New Urban. doc
"
,
1 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3
Section 7:
This Ordinance shall not be passed until the same has been advertised
4 or two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
5 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
6
Section 8. This ordinance shall become effective immediately upon passage.
7
Section 9. Specific authority is hereby given to codifY this Ordinance.
8
Section 10. This ordinance, after adoption, shall be filed with the Clerk of the
9 Circuit Court of Palm Beach County, Florida.
10
FIRST READING this _ day of
,2005.
11
SECOND, FINAL READING and PASSAGE this day of
,2005.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29 City Clerk
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Annexations\Annexation - High Ridge New Urban.doc
LAND DESCRIPTION
SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO
OFFlCIAL RECORDS BOOK ]5070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL]
THE SOUTH ONE-HALF (S 'h) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH,
RANGE 43 EAST. BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA.
LESS (LOP])
THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST. PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25,00 FEET THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88"30'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25,05 FEET TO A POINT ON A LINE LYING
25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88"30'45" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02"53'24"
EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60,00 FEET NORTH OF,
WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 8; THENCE NORTH 88"30'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25,00 FEET WEST OF, WHEN
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02"14'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES. MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN
GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
FOR THE PURPOSE OF THIS DESCRIPTION THE SOUIH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTH 89" 16'21" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89"16'21"
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25,05 FEET TO THE
EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF
THE SOUTIffiAST ONE-QUARTER (SE \-\) OF SAID SECTION 8; THENCE NORTH 02"59'35" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE
INTERSECTION WITH A LINE 60,00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 02"59'35" EAST ALONG SAID WEST RIGHT OF WAY
LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46007'58" WEST
DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8: THENCE
NORTH 89016'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE
POINT OF BEGINNING.
CONT AIN1NG 151.3 SQUARE FEET, MORE OR LESS,
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH. RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; TIlENCE SOUTII 88030'45" WEST, ALONG THE
SOUTII LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO TIlE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7. A DISTANCE OF 60,18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTII 88030'45" WEST, ALONG TIlE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; THENCE NORTII 01034'02" EAST, A DISTANCE OF 1259.39 FEET TO THE
SOUTHWEST CORNER OF LOT 36, ACCORDING TO TIlE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED 1N PLAT BOOK 22, PAGE 6, IN AND FOR TIlE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST, ALONG THE SOUTII LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTII
ONE-HALF (S 11,) OF SAID GOVERNMENT LOT 7; TIlENCE SOUTII 02053'24" WEST, ALONG
TIlE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION". ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA,
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAMEjNUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 05-024
Chair and Members
Community Redevelopment Agency Board
Hanna Matras <1\ r\
Planner
Michael W. Rumpf
Director of Planning and Zoning
January 20, 2005
High RidgejANEX 05-001-LUAR 05-002
To annex the property; to amend the Future Land Use
Designation from Palm Beach County's MR-5 (Medium Density
Residential, maximum 5 dwelling units per acre (dujacre) and
LR-2 (Low Density Residential, 2 dujacre) to HDR (High Density
Residential, 10.8 dujacre) and rezone from Palm Beach County's
Single Family Residential (RS) to Planned Unit Development
(PUD).
Property Owner:
Applicantj Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Paramount Investment Group and George Kechriotis
New Urban Communities/Timothy L. Hernandez and Roger
Decapito
Northwest corner of High Ridge Road and Miner Road (Exhibit
"A')
:t18.44 acres
Palm Beach County's land use designations of MR-5 Medium
Density Residential with an underlying maximum residential
density of 5 dwelling units per acre (dujacre) and LR-2 Low
Density Residential with an underlying residential density of 2
dwelling units per acre (dujacre)
RS Single Family Residential (Palm Beach County)
High Density Residential (10.8 dujacre)
Planned Unit Development
48 single family homes and 126 townhomes
File Number: LUAR 05-002-ANEX 05-001
High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach county,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse) designated Industrial (1) and zoned
Ml Light Industrial; further south a townhome development
(Canterbury, currently under construction), with a density of
approximately 9.9 dujacre, designated Industrial (I) and
zoned Planned Industrial Development (PID); to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates, with single family homes and
townhomes (town homes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the northwest, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID).
West:
To the west, undeveioped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
RIM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program and
relevant policies in the Comprehensive Plan.
2. Annexation of the said property will reduce a pocket of an unincorporated county area
surrounded on three sides by the City boundary.
3. Even though the requested land use amendment and rezoning is inconsistent with the
recommendation of the Land Use Problems and Opportunities section of the
Comprehensive Plan's Future Land Use Support Document, which advises Low Density
Residential land use designation for the subject parcel, it would not create significant
land conflicts. The review of the uses in the surrounding area shows reasonably
comparable densities. Moreover, the project design establishes an appropriate transition
from non-residential to residential uses and from the higher to the lower residential
densities.
2
File Number: LUAR 05-002-ANEX 05-001
High Ridge
4. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
5. The proposed development meets the standards for development within the PUD zoning
district.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
Following local board review and City Commission public hearing, a "large-scale" amendment is
transmitted to the Florida Department of Community Affairs for review for compliance with the
state, regional and local comprehensive plans prior to adoption. Following the review period of
approximately 60 days, DCA provides the City with a report of their findings in an "Objections,
Recommendations and Comments (ORC) Report". The City then has 60 days to either (1)
adopt the amendment as transmitted, (2) adopt the amendment with changes in response to
the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision.
According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during
two amendment cycles each calendar year. This amendment request is a part of the 1st round
of amendments for the 2005 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in June 2005.
The proposed land use amendment is inconsistent with one of the recommendations included in
the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy.
Nevertheless, staff is required to review the petition against the following eight (8) criteria by
which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.:
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 aforementioned recommendation is contained in Section VIII, Land Use Problems and
Opportunities, of the Future Land Use Support Document. Initially adopted into the
Comprehensive Plan with the intent of directing development and redevelopment activities in
nine (9) planning areas within the city, recommendations of Section VIII have at present
advisory character only.
The subject property is located in planning area 58. The recommendation reads:
"The unplatted parcels on the west side of High Ridge Road, immediately north of the Miner
Road right-ot-way should be annexed, however, prior to development (...) should be placed in
the Low Density Residential Land use category':
3
File Number: LUAR 05-002-ANEX 05-001
High Ridge
This recommendation is also referenced in the High Ridge Road Corridor Study, published by
the Palm Beach County in 1997. The study has not been adopted and it is supposed to be
conveyed to the local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road.
The subject property is located in the southernmost vicinity of the study, Area 3, and is referred
to as Tract B. The proposed use is residential as recommended, but the applicant is requesting
High Density Residential land use. However, the proposed use should not create significant land
use conflicts given that (1) to the south and southeast, the adjoining properties have an
industrial land use designation; (2) there are town homes to the east of the project, developed
at a density of 8.09 du/acre (town home density only); (3) the R1AA, single family zoning of the
property to the west of the project, carries a maximum density of 5.4 du/acre, which
corresponds to Moderate Density Residential land use designation, rather than the Low Density
Residential actually on the ground and; (4) the applicant proposes single family homes along
the west and north perimeter of the project, minimizing the land use conflict with either existing
(to the north) or future (to the west) single family homes. Such master plan layout establishes
the project as a transition from non-residential to residential uses and from the higher to the
lower residential densities west, north and northeast of the property. Finally, the density
proposed for the project is 9.44 du/acre, below the maximum of 10.8 du/acre allowed in the
High Density Residential land use.
A number of comprehensive plan policies of the Future Land Use Element and Housing Element
support the amendment. These include:
. Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as
Policy 1.13.4:
1.13.4: "The City shall further discourage urban sprawl; (A) Prevent the presence or frequency
of the primary indicators of urban sprawl through continuous promotion of compad
developments within the City's urban service areas, while requiring the maximization of all
public services for each development in the most cost effective manner possible (..);
. Policies concerned with housing choices for the community, under Objective 1.19 of the
Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and
policy 6.1.1:
1.19.1: "The City shall continue efforts to encourage a full range of housing choices (..)"
6.1.1: The City shall provide information technical assistance, and explore possible incentives
with the private sector to maintain a housing production capacity sufficient to meet the
community needs. Possible incentive could include (...) density increases'~'
. Policies promoting the principles of using the New Urbanism in development and
redevelopment, under Objective 1.22.
The proposed project is a compact, high density, new urban development as promoted by
policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to
4
File Number: LUAR 05-002-ANEX 05-001
High Ridge
meet a significant demand for single family product in the environment where the new home
market is dominated by town homes (relatively few single family homes were build in the City in
recent years). It will also provide 126 townhomes, a product for which a strong demand
continues as demonstrated by sales in recently completed similar projects.
The subject property is not located in the hurricane evacuation zone, so the Future Land Use
Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does
not apply.
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 will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in
item (a) above, the applicant proposes single family homes along the north and the west
perimeters of the property, where either developed single family homes or vacant single family
lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with
both town homes and single family homes, the latter being specifically placed to transition unit
type and density to the single family homes north of the project in the unincorporated county.
Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the
9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently
approved project with a density of 9.9 du/acre, is located about 1,350 feet (1/4 of a mile) south
from the subject property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There have been changes that make the proposed land use amendment and zoning desirable.
The population growth rates within the county and the city have been significantly higher than
expected over the past decade, fuelling a very strong demand for housing. Increasing the
density when it is feasibie is one way to accommodate this demand. Land is becoming
increasingly scarce; few larger parcels of 2 or more acres for residential development exist in
the city. Consequently, land prices escalated; the need to assemble parcels has further
increased the development costs. As a result, a townhome has become a preferred residential
product, and it has been readily embraced by the market as part of an urban lifestyle. The
product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented
development increasingly promoted in South Florida and reflected in the city's Comprehensive
plan. The Tri-Rail station is located approximately V2 mile from the proposed development; a
bus stop is located nearby on High Ridge Road.
These changes have taken hold since the Comprehensive Plan was amended through 1998
EAR, The transformation of Quantum from an Industrial Park into a mixed use area with 1000
residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in
(b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 du/acre,
is located about 1,350 feet south from the subject property.
The proposed use of the property will represent a transition from the multifamily, commercial
and industrial uses south and southeast of the property to low density residential to the west
s
File Number: LUAR 05-002-ANEX 05-001
High Ridge
and north. Moreover, the industrial and commercial development (either existing or recently
approved) in close proximity of the project will provide employment opportunities.
d. Whether the proposed use would be compatible with utility systems" roadways, and
other public facilities.
The applicant has provided a traffic analysis that indicates that if the property were redeveloped
with single family homes under the current county land use designation, it would generate 750
average daily trips as compared to 1,362 average daily trips generated by the proposed project
(a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum
density at the proposed land use designation were utilized, 1,393 average daily trips would be
generated, an increase of 643 trips over the existing land use potential. The review of the
existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the
number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the
capacity at the level of service "D" on the said link was 15,400. Therefore, a significant unused
capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis
shows volume-to capacity ratios for High Ridge Road (at the level of service "D") in 2008 and
2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still
be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation
Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county
recommendation to widen the right-of-way to four lanes has been revised.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 78,648
gallons for water and 35,392 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. Required
infrastructure improvements will include a pump station for sewer; water access is adjacent to
the property.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
The School District of Palm Beach County has reviewed the application and has issued a
statement that the project complies with the adopted Level of Service (LOS) for school
concurrency. The concurrency determination is valid for one year from January 7, 2005, the
date of issuance.
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.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties, The projected unit pricing ranges from $300- to
$400 thousand for the townhomes and from $400- to $600 thousand for the single family
homes.
6
File Number: LUAR 05-002-ANEX 05-001
High Ridge
f. Whether the property is physically and economically developable under the existing
zoning.
With annexation into the City, the Palm Beach County land use designation and zoning must be
changed to the city land use designation and zoning district. Physically, the property could be
developed with single family homes under the city's Low- or Moderate Density Residential land
use designations and corresponding single family zoning districts. However, the current
economics of the market (chiefly very high land prices) could make it unfeasible for the
property to be developed at a significantly lower density.
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 is reasonably related to both (see above
section "ell,
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are currently no vacant residential lots within the city to accommodate a project of the
proposed scale and density.
MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the PUD district will develop to
standards that exceed the City's basic development standards in terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to a PUD Planned Unit Development must be accompanied by a
detailed master plan.
The maximum density allowed by the High Density Residential land use classification is 10.8
dujacre; the applicant proposes a density of 9.44 dujacre. The master plan (Exhibit "B") shows
forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size
would be 1,900 square feet for the townhomes and 2,600 square feet for the single family
homes. The townhome buildings extend along the south and east perimeters of the property.
A drainage lake at the property's center incorporates a recreation area; the pool and cabana are
located on a small peninsula. The lake tract occupies approximately 2.45 acres.
The master plan shows three access points, all from High Ridge Road. This is contrary to the
recommendation of the High Ridge Corridor Study for primary access for the subject property to
be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is
only 458 feet) and the proximity of the Miner RoadjHigh Ridge Road intersection, the feasibility
of this recommendation is questionable. The study also recommends that any secondary access
on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan
shows the suggested alignment for the primary access pOint.
The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the
development would be the first new urban community in Boynton Beach containing detached
single family homes.
7
File Number: LUAR 05-002-ANEX 05-001
High Ridge
The new urban design features include:
1. Smaller building setbacks
The proposed buiiding setbacks are generally smaller that those in existing or approved PUDs
(see below). Such setbacks foster proximity between the public and private realms, thus
facilitating closer interactions among inhabitants and creation of a real community in a social
sense of this term.
Building setbacks are as follows:
For the single family homes:
Front:
Side
Rear
For townhome structures:
Front:
Side
Rear
15 feet (as opposed to 20-25 feet in other PUDs)
5 feet (as opposed to 6-15 feet in other PUDs)
10 feet (as opposed to 15-25 feet in other PUDs)
10 feet (up to 20 in other PUDs)
5 feet (up to 10 in other PUDs)
5 feet (up to 10 in other PUDs)
2. Rear garages accessed from alleys
This feature contributes to a pedestrian-friendly environment which down plays the role of an
automobiie.
3. Front porches and balconies
These features also facilitate creation of a more friendly community, offering opportunities for
people to get to know others in the neighborhood.
4. Spatially defined open spaces
Likewise, these facilitate community interactions. For example, the lake resides completely in
the public realm, with no private access for any of the residences.
5. A non-gated community
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of
the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use
Support Document, which advises Low Density Residential land use designation for the subject
parcel, it would not create significant land conflicts and is justified in part by current land
development trends and characteristics within the area and in Quantum Park. The requested
land use amendment and rezoning will allow the development of a project that will be a benefit
to the city, both fiscally and esthetically and a development that meets the standards expected
in the PUD zoning district. Therefore, staff recommends that the subject request be approved.
8
File Number: LUAR 05-002-ANEX 05-001
High Ridge
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included within Exhibit "C".
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Hfgh RIdge- New Urban Communities\LUAR 05-002\STAFF REPORT High Ridge.doc
9
--------
HIGH RIDGE
New Urban Communities
LUAR 05-002-ANEX 05-001
Exhibit A
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VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Form Must be Turned Requested City Commission
Meetim! Dates in to City Clerk's Office MeetinlZ Dates
0 December 7, 2004 November 15, 2004 (Noon.) [8J 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 I, 2005
0 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 (Nocm-'E
L"
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February 28, 2005 (Nooij:.
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AGENDA ITEM [8J Public Hearing [8J Legal -
0 Bids 0 Unfinished Business U1
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0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February I, 2005 City Connnission Agenda under
Public Hearing and Legal, Ordinance ~ First Reading. The Planning and Development Board opposes the subject request for
High Density Residential land use, but alternatively forwards a reconnnendation for Medium Density Residential land use
which allows a maximum density of 9,58 units/acre, The Board also reconnnends that the rezoning request be approved as
submitted, For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 05-
024.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
High RidgelNew Urban Communities (LUAR 05-002)
Timothy Hernandez and Roger Decapito of New Urban Connnunities, Inc.
Paramount Investment Group
Northwest comer of High Ridge Road and Miner Road
Request to amend :!:18.438 acres of land on the Comprehensive Plan Future land
Use Map from Medium Density Residential (Palm Beach Counly) 10 High Density
Residential (HDR); and
Request to rezone from Single family residential (RS) (Palm Beach Counly) to
Planned Unit Development (PUD)
Proposed use: Single-family residential and townhouse community
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Developm D
Lt,J (' I~
Planning and Z~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 05-002\Agenda Item Request High Ridge.New Urban Conun(LUAR
OS..Q022-J-05.dot
S:IBULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC
1 i ORDINANCE NO. 05-
21
3 I AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY PARAMOUNT
8 INVESTMENT GROUP AND GEORGE
9 KECHRIOTIS, AND LOCATED ON THE
10 NORTHEWEST CORNER OF HIGH RIDGE
11 ROAD AND MINER ROAD; CHANGING THE
12 LAND USE DESIGNATION FROM MEDIUM
13 DENSITY RESIDENTIAL AND LOW DENSITY
14 RESIDENTIAL (PALM BEACH COUNTY) TO
15 HIGH DENSITY RESIDENTIAL (HDR);
16 PROVIDING FOR CONFLICTS, SEVERABILITY,
17 AND AN EFFECTIVE DATE.
18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
25 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
2 9 Plan and deems it in the best interest of the inhabitants of said City to amend the
30 aforesaid Element of the Comprehensive Plan as provided,
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\Ordinances\planning\Land Use\High Ridge New Urban. doc
1
Section I: 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 of the following described land located on the
6 Northwest corner of High Ridge Road and Miner Road in Boynton Beach, Florida shall
7 be changed from Medium Density Residential and Low Density Residential (Palm
8 Beach County) and shall now be designated as High Density Residential (HDR):
9 See Legal Description attached
10
11
12 Subject to easements, restrictions, reservation and rights of way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 of the Future Land Use Plan shall be amended accordingly,
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by
25 virtue of the adoption of this Ordinance until all statutory required review is complete and
26 all legal challenges, including appeals, are exhausted. In the event that the effective date is
S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban. doc
1 established by state law or special act, the provisions of state act shall control.
2
FIRST READING this _ day of
,2005.
3 SECOND, FINAL READING and PASSAGE this _ day of
4 2005.
5 CITY OF BOYNTON BEACH. FLORIDA
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24 City Clerk
25
26 (Corporate Seal)
27
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban.doc
LAND DESCRIPTION
SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO
OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL 1
THE SOUTH ONE-HALF (S v,) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA.
LESS (LOPI)
THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25.00 FEET THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING
25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88030'45" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02053'24"
EAST. A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60,00 FEET NORTH OF,
WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 8; THENCE NORTH 88030'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02014'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60,13
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES. MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN
GOVERNMENT LOT 7 OF SECTION 8. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRIPTION THE SOUTH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTH 89016'21" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTIlEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89016'21"
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25,05 FEET TO THE
EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (SE Y<) OF SAID SECTION 8; THENCE NORTH 02059'35" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE
INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 02059'35" EAST ALONG SAID WEST RIGHT OF WAY
LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46007'58" WEST
DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE
NORTH 890]6'21" EAST ALONG SAID PARALLEL LINE. A DISTANCE OF 17.4] FEET TO THE
POINT OF BEGINNING.
CONTAINING 151.3 SQUARE FEET. MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTIlEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTIl OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITIl TIlE SOUTH LINE OF SAID SECTION 8 AND TIlE POINT OF BEGINNING; THENCE
SOUTIl 88030'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; THENCE NORTH 01034'02" EAST, A DISTANCE OF ]259.39 FEET TO TIlE
SOUTIlWEST CORNER OF LOT 36, ACCORDING TO TIlE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22. PAGE 6, IN AND FOR TIlE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTIl 88038'08" EAST, ALONG THE SOU1B LINE OF
SAID LOT 36, A DISTANCE OF ]44,63 FEET TO THE NORTHWEST CORNER OF THE SOUTIl
ONE-HALF (S \1,) OF SAID GOVERNMENT LOT 7; TIlENCE SOUTIl 02053'24" WEST, ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF ] 260.96 FEET TO TIlE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13,948 ACRES), MORE OR LESS,
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION". ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
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ORDINANCE NO. 05-
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF NEW
URBAN COMMUNITIES, TIMOTHY L. HERNANDEZ
AND ROGER DE CAPITO, ON BEHALF OF
PARAMOUNT INVESTMENT GROUP AND GEORGE
KECHRIOTIS, TO REZONE A PARCEL OF LAND,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND ON THE NORTHWEST CORNER OF
HIGH RIDGE ROAD AND MINER ROAD FROM SINGLE
FAMILY RESIDENTIAL (RS) TO PLANNED UNIT
DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
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19
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
22 WHEREAS, Paramount Investment Group and George Kechriotis, owner of the
23 property located on the Northwest comer of High Ridge Road and Miner Road in
24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a
25 Petition, through its agent, New Urban Communities, Timothy L. Hernandez and Roger
26 Decapito, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
27 of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being
28 more particularly described hereinafter, from Single Family Residential (RS) to Planned
29 Unit Development (PUD); and
30 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning for the
S:\CA\Ordinances\Planning\Rezoning\Rezoning - High Ridge New Urban.doc
1 property hereinafter described; and
2 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
3 Agency and City Commission has found that the proposed rezoning is consistent with an
4 amendment to the Land Use which was contemporaneously considered and approved at
5 the public hearing heretofore referenced; and
6 WHEREAS, the City Commission deems it in the best interests ofthe inhabitants
7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section I.
The foregoing Whereas clauses are true and correct and incorporated
11 herein by this reference,
12
Section 2.
The following described land, located on the Northwest comer of
13 High Ridge Road and Miner Road in the City of Boynton Beach, Florida, as set forth as
14 follows:
15 {See Legal Description attached}
16
17
18 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit
19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this
20 Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
S:\CA \Ordinances\Plannmg\Rezoning\Rezoning - High Ridge New Urban.doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof be
2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5 FIRST READING this ,day of
,2005.
6
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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22 ATTEST:
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25 City Clerk
26
27 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Plannmg\Rezoning\Rezoning - High Ridge New Urban.doc
LAND DESCRIPTION
SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL I) and PARCEL 2, ACCORDING TO
OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL 1
THE SOUTH ONE-HALF (S \1,) OF GOVERNMENT LOT 7, IN SECTION 8. TOWNSHIP 45 SOUTH.
RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORlDA.
LESS (LOPI)
THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8. TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORlDA, LESS THE EAST 25.00 FEET THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORlDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING
25,00 FEET WEST OF, WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88030'45" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02053'24"
EAST, A DISTANCE OF 60,18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF,
WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 8; THENCE NORTH 88030'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360,59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN
MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02014'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13
FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RlGHT OF WAY PURPOSES LYING IN
GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRlPTION THE SOUTH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTH 89016'2 I" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89016'21"
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO THE
EXISTING WEST RlGHT OF WAY LINE OF HIGH RlDGE ROAD. BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RlGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (SE 'I.) OF SAID SECTION 8; THENCE NORTH 02059'35" EAST
ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 60. I 3 FEET TO A POINT AT THE
INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RlGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 02059'35" EAST ALONG SAID WEST RlGHT OF WAY
LINE OF HIGH RlDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46007'58" WEST
DEPARTING FROM SAID WEST RlGHT OF WAY LINE. A DISTANCE OF 25.41 FEET TO SAID
LINE 60,00 FEET NORTH OF AND PARALLEL WITH TIlE SOUTIl LINE OF SECTION 8; THENCE
NORTH 89"]6'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE
POINT OF BEGINNING,
CONTAINING 151.3 SQUARE FEET. MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTIl, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; TIlENCE SOUTH 88"30'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO TIlE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH TIlE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTH 88"30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; TIlENCE NORTH 01034'02" EAST, A DISTANCE OF 1259.39 FEET TO THE
SOUTIlWEST CORNER OF LOT 36, ACCORDING TO TIlE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST, ALONG THE SOUTIl LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTIlWEST CORNER OF THE SOUTH
ONE-HALF (S y,) OF SAID GOVERNMENT LOT 7; THENCE SOUTIl 02053'24" WEST. ALONG
TIlE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260,96 FEET TO TIlE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13,948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO TIlE PLAT
TIlEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA.
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOT AL CONTAINING: 803.298 SQUARE FEET (18.44 I ACRES), MORE OR LESS.
---- - 1
Exhibit A
HIGH RIDGE
New Urban Communities
LUAR 05-002-ANEX 05-001
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 05-024
Chair and Members
Community Redevelopment Agency Board
Hanna Matras '\\ t"\
Planner
Michael W. Rumpf
Director of Planning and Zoning
January 20, 2005
High Ridge/ANEX 05-00l-LUAR 05-002
To annex the property; to amend the Future Land Use
Designation from Palm Beach County's MR-5 (Medium Density
Residential, maximum 5 dwelling units per acre (du/acre) and
LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density
Residential, 10.8 du/acre) and rezone from Palm Beach County's
Single Family Residential (RS) to Planned Unit Development
(PUD).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Paramount Investment Group and George Kechriotis
New Urban CommunitiesfTimothy L. Hernandez and Roger
Decapito
Northwest corner of High Ridge Road and Miner Road (Exhibit
"A';
:t 18.44 acres
Palm Beach County's land use designations of MR-5 Medium
Density Residential with an underlying maximum residential
density of 5 dwelling units per acre (du/acre) and LR-2 Low
Density Residential with an underlying residential density of 2
dwelling units per acre (du/acre)
RS Single Family Residential (Palm Beach County)
High Density Residential (10.8 du/acre)
Planned Unit Development
48 single family homes and 126 townhomes
File Number: LUAR 05-002-ANEX 05-001
High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach county,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse) designated Industrial (I) and zoned
Ml Light Industrial; further south a townhome development
(Canterbury, currently under construction), with a density of
approximately 9.9 dujacre, designated Industrial (I) and
zoned Planned Industrial Development (PID); to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates, with single family homes and
townhomes (town homes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the northwest, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1M Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program and
relevant policies in the Comprehensive Plan.
2. Annexation of the said property will reduce a pocket of an unincorporated county area
surrounded on three sides by the City boundary.
3. Even though the requested land use amendment and rezoning is inconsistent with the
recommendation of the Land Use Problems and Opportunities section of the
Comprehensive Plan's Future Land Use Support Document, which advises Low Density
Residential land use designation for the subject parcel, it would not create significant
land conflicts. The review of the uses in the surrounding area shows reasonably
comparable densities. Moreover, the project design establishes an appropriate transition
from non-residential to residential uses and from the higher to the lower residential
densities.
2
File Number: LUAR 05-002-ANEX 05-001
High Ridge
4. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
5. The proposed development meets the standards for development within the PUD zoning
district.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
Following local board review and City Commission public hearing, a "large-scale" amendment is
transmitted to the Florida Department of Community Affairs for review for compliance with the
state, regional and local comprehensive plans prior to adoption. Following the review period of
approximately 60 days, DCA provides the City with a report of their findings in an "Objections,
Recommendations and Comments (ORC) Report". The City then has 60 days to either (1)
adopt the amendment as transmitted, (2) adopt the amendment with changes in response to
the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision.
According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during
two amendment cycles each calendar year. This amendment request is a part of the 1st round
of amendments for the 2005 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in June 2005,
The proposed land use amendment is inconsistent with one of the recommendations included in
the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy.
Nevertheless, staff is required to review the petition against the following eight (8) criteria by
which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.:
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
requirement~ which would have to be imposed on subsequent development of the
prope~ in order to comply with policies contained in the comprehensive plan.
The aforementioned recommendation is contained in Section VIII, Land Use Problems and
Opportunities, of the Future Land Use Support Document. Initially adopted into the
Comprehensive Plan with the intent of directing development and redevelopment activities in
nine (9) planning areas within the city, recommendations of Section VIII have at present
advisory character only.
The subject property is located in planning area 58. The recommendation reads:
"The unplatted parcels on the west side of High Ridge Roact immediately north of the Miner
Road right-of-way should be annexect however; prior to development (...) should be placed in
the Low Density Residential Land use category';
3
File Number: LUAR 05-002-ANEX 05-001
High Ridge
This recommendation is also referenced in the High Ridge Road Corridor Study, published by
the Palm Beach County in 1997. The study has not been adopted and it is supposed to be
conveyed to the local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road.
The subject property is located in the southernmost vicinity of the study, Area 3, and is referred
to as Tract B. The proposed use is residential as recommended, but the applicant is requesting
High Density Residential land use. However, the proposed use should not create significant land
use conflicts given that (1) to the south and southeast, the adjoining properties have an
industrial land use designation; (2) there are town homes to the east of the project, developed
at a density of 8.09 du/acre (townhome density only); (3) the R1AA, single family zoning of the
property to the west of the project, carries a maximum density of 5.4 du/acre, which
corresponds to Moderate Density Residential land use designation, rather than the Low Density
Residential actually on the ground and; (4) the applicant proposes single family homes along
the west and north perimeter of the project, minimizing the land use conflict with either existing
(to the north) or future (to the west) single family homes. Such master plan layout establishes
the project as a transition from non-residential to residential uses and from the higher to the
lower residential densities west, north and northeast of the property. Finaliy, the density
proposed for the project is 9.44 du/acre, below the maximum of 10.8 du/acre allowed in the
High Density Residential land use.
A number of comprehensive plan policies of the Future Land Use Element and Housing Element
support the amendment. These include:
. Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as
Policy 1.13.4:
1.13.4: "The City shall further discourage urban sprawl; (A) Prevent the presence or frequency
of the primary indicators of urban sprawl through continuous promotion of compact
developments within the Citys urban selVice areas, while requiring the maximization of all
public selVices for each development in the most cost effective manner possible (..);
. Policies concerned with housing choices for the community, under Objective 1.19 of the
Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and
policy 6.1.1:
1.19.1: "The City shall continue efforts to encourage a full range of housing choices (..)"
6.1.1: The City shall provide information, technical assistance, and explore possible incentives
with the private sector to maintain a housing production capacity sufficient to meet the
community needs. Possible incentive could include (...) density increases";
. Policies promoting the principles of using the New Urbanism in development and
redevelopment, under Objective 1.22.
The proposed project is a compact, high density, new urban development as promoted by
policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to
4
File Number: LUAR 05-002-ANEX 05-001
High Ridge
meet a significant demand for single family product in the environment where the new home
market is dominated by town homes (relatively few single family homes were build in the City in
recent years). It will also provide 126 town homes, a product for which a strong demand
continues as demonstrated by sales in recently completed similar projects.
The subject property is not located in the hurricane evacuation zone, so the Future Land Use
Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does
not apply.
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
distric~ 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 will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in
item (a) above, the applicant proposes single family homes along the north and the west
perimeters of the property, where either developed single family homes or vacant single family
lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with
both town homes and single family homes, the latter being specifically placed to transition unit
type and density to the single family homes north of the project in the unincorporated county.
Cedar Ridge town homes are developed at the density of 8.09 du/acre (as compared with the
9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently
approved project with a density of 9.9 du/acre, is located about 1,350 feet (1/4 of a mile) south
from the subject property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There have been changes that make the proposed land use amendment and zoning desirable.
The population growth rates within the county and the city have been significantly higher than
expected over the past decade, fuelling a very strong demand for housing. Increasing the
density when it is feasible is one way to accommodate this demand. Land is becoming
increasingly scarce; few larger parcels of 2 or more acres for residential development exist in
the city. Consequently, land prices escalated; the need to assemble parcels has further
increased the development costs. As a result, a townhome has become a preferred residential
product, and it has been readily embraced by the market as part of an urban lifestyle. The
product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented
development increasingly promoted in South Florida and reflected in the city's Comprehensive
plan. The Tri-Rail station is located approximately '/2 mile from the proposed development; a
bus stop is located nearby on High Ridge Road.
These changes have taken hold since the Comprehensive Plan was amended through 1998
EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000
residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in
(b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 du/acre,
is located about 1,350 feet south from the subject property.
The proposed use of the property will represent a transition from the multifamily, commercial
and industrial uses south and southeast of the property to low density residential to the west
5
File Number: LUAR 05-002-ANEX 05-001
High Ridge
and north. Moreover, the industrial and commercial development (either existing or recently
approved) in close proximity of the project will provide employment opportunities.
d. Whether the proposed use would be compatible with utility system~ roadways, and
other public facilities.
The applicant has provided a traffic analysis that indicates that if the property were redeveloped
with single family homes under the current county land use designation, it would generate 750
average daily trips as compared to 1,362 average daily trips generated by the proposed project
(a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum
density at the proposed land use designation were utilized, 1,393 average daily trips would be
generated, an increase of 643 trips over the existing land use potential. The review of the
existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the
number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the
capacity at the level of service "0" on the said link was 15,400. Therefore, a significant unused
capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis
shows volume-to capacity ratios for High Ridge Road (at the level of service "0") in 2008 and
2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still
be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation
Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county
recommendation to widen the right-of-way to four lanes has been revised.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCO) and sewer service (90 GPCO), the projected demand is expected to be 78,648
gallons for water and 35,392 GPCO for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. Required
infrastructure improvements will include a pump station for sewer; water access is adjacent to
the property.
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 Oistrict of Palm Beach County has reviewed the application and has issued a
statement that the project complies with the adopted Level of Service (LOS) for school
concurrency. The concurrency determination is valid for one year from January 7, 2005, the
date of issuance.
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 propertie~ or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties. The projected unit pricing ranges from $300- to
$400 thousand for the townhomes and from $400- to $600 thousand for the single family
homes.
6
File Number: LUAR 05-002-ANEX 05-001
High Ridge
f. Whether the property is physically and economically developable under the existing
zoning.
With annexation into the City, the Palm Beach County land use designation and zoning must be
changed to the city land use designation and zoning district. Physically, the property could be
developed with single family homes under the city's Low- or Moderate Density Residential land
use designations and corresponding single family zoning districts. However, the current
economics of the market (chiefly very high land prices) could make it unfeasible for the
property to be developed at a significantly lower density.
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 is reasonably related to both (see above
section "cfl,
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are currently no vacant residential lots within the city to accommodate a project of the
proposed scale and density.
MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the PUD district will develop to
standards that exceed the City's basic development standards in terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to a PUD Planned Unit Development must be accompanied by a
detailed master plan.
The maximum density allowed by the High Density Residential land use classification is 10.8
dujacre; the applicant proposes a density of 9.44 dujacre. The master plan (Exhibit "B") shows
forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size
would be 1,900 square feet for the townhomes and 2,600 square feet for the single family
homes. The town home buildings extend along the south and east perimeters of the property.
A drainage lake at the property's center incorporates a recreation area; the pool and cabana are
located on a small peninsula. The lake tract occupies approximately 2.45 acres.
The master plan shows three access points, all from High Ridge Road. This is contrary to the
recommendation of the High Ridge Corridor Study for primary access for the subject property to
be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is
only 458 feet) and the proximity of the Miner RoadjHigh Ridge Road intersection, the feasibility
of this recommendation is questionable. The study also recommends that any secondary access
on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan
shows the suggested alignment for the primary access point.
The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the
development would be the first new urban community in Boynton Beach containing detached
single family homes.
7
File Number: LUAR 05-002-ANEX 05-001
High Ridge
The new urban design features include:
1. Smaller building setbacks
The proposed building setbacks are generally smaller that those in existing or approved PUDs
(see below). Such setbacks foster proximity between the public and private realms, thus
facilitating closer interactions among inhabitants and creation of a real community in a social
sense of this term.
Building setbacks are as follows:
For the single family homes:
Front:
Side
Rear
For town home structures:
Front:
Side
Rear
15 feet (as opposed to 20-25 feet in other PUDs)
5 feet (as opposed to 6-15 feet in other PUDs)
10 feet (as opposed to 15-25 feet in other PUDs)
10 feet (up to 20 in other PUDs)
5 feet (up to 10 in other PUDs)
5 feet (up to 10 in other PUDs)
2. Rear garages accessed from alleys
This feature contributes to a pedestrian-friendly environment which down plays the role of an
automobile.
3. Front porches and balconies
These features also facilitate creation of a more friendly community, offering opportunities for
people to get to know others in the neighborhood.
4. Spatially defined open spaces
Likewise, these facilitate community interactions. For example, the lake resides completely in
the public realm, with no private access for any of the residences.
5. A non-gated community
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of
the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use
Support Document, which advises Low Density Residential land use designation for the subject
parcel, it would not create significant land conflicts and is justified in part by current land
development trends and characteristics within the area and in Quantum Park. The requested
land use amendment and rezoning will allow the development of a project that will be a benefit
to the city, both fiscally and esthetically and a development that meets the standards expected
in the PUD zoning district. Therefore, staff recommends that the subject request be approved.
8
File Number: LUAR 05-002-ANEX 05-001
High Ridge
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included within Exhibit "Cu.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Hlgh Ridge- New Urban Communities\LUAR OS-Q02\STAFF REPORT High Ridge.doc
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i\ ;
Requested City Commission
Meetine: Dates
o December 7, 2004
o December 21, 2004
o January 4, 2005
o January 18,2005
NATURE OF
AGENDA ITEM
VIII.-PUBLIC HEARING
ITEM C.
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.) [8:J
Decembe, 6, 2004 (Noon) 0
December 20, 2004 (Noon) 0
January 3, 2005 (Noon) 0
February I, 2005
January 17,2005 (Noon)
February 15,2005
January 31, 2005 (Noon)
March I, 2005
February 14, 2005 (Noon)
February 28, 2005 (N?-Oll)
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March 15,2005
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
<-
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Development Plans
New Business
Legal
Unfinished Business
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RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading, The Planning and Development Board reviewed the request on January
25,2005 and recommeuds that the subject request be denied, until a complete master plan can be submitted. For further
details pertaining to the request, see attached Department of Development Memorandum No, PZ 05-022,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FlSCAL IMPACT:
ALTERNATIVES:
KnolIwood Groves (LUAR 05-001)
Chip Bryan, Julian Bryan & Associates, Inc.
Knollwood Groves, Inc.
8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road
Request to amend :1:30.683 acres of land on the Comprehensive Plan Future Land Use Map
from Agriculture (A) to Low Density Residential (LDR); and
Request to rezone from Agricultural (AG) to Planned Unit Development (PUD),
Proposed use: Single-family residential community
Development epartm t irector
~d~./~
Planning and Zonin Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\LUAR 05-001\Agenda Item Request Knollwood Groves LUAR 05-001 2-1-05.dot
~
City Manager's Signature
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE 01<' THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY KNOLLWOOD
8 GROVES, INC., AND LOCATED ON THE
9 SOUTHWEST CORNER OF THE
10 INTERSECTION OF LAWRENCE ROAD AND
11 THE LWDD L-20 CANAL (APPROXIMATELY 1
12 MILE SOUTH OF HYPOLUXO ROAD);
13 CHANGING THE LAND USE DESIGNATION
14 FROM AGRICULTURE (A) TO LOW DENSITY
15 RESIDENTIAL (LDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN
17 EFFECTIVE DATE.
18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
25 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
29 Plan and deems it in the best interest of the inhabitants of said City to amend the
30 aforesaid Element ofthe Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\ordinances\planning\Land use\Knollwood.doc
,,,..."....._""'-*,..,....,,,,"..."'F
1
Section I: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No, 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Southwest comer of the intersection of Lawrence Road and the LWDD L-20 Canal
7 (Approximately I mile south ofHypoluxo Road) in Boynton Beach, Florida shall be
8 changed from Agriculture (A) and shall now be designated as Low Density Residential
9 (LDR):
10 The North one-half ofthe Northeast one-quarter of the northeast one-
11 quarter, and the northeast one-quarter of the Northwest one-quarter of
12 the northeast one-quarter of Section 13, Township 45 south, range 42
13 east, Palm Beach County, Florida.
14
15 Less and Except
16
17 The North 40.00 feet thereof and the East 40,00 feet of said north
18 one-half of the Northeast one-quarter of the northeast one-quarter.
19 Said lands situate in the city of Boynton Beach, Palm Beach County,
20 Florida, and contain 30.683 acres, more or less.
21
22
23 Subject to easements, restrictions, reservation and rights of way of record.
24
25
26 Section 3: That any maps adopted in accordance with the Future Land Use Element
27 of the Future Land Use Plan shall be amended accordingly.
28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
2 9 repealed.
30 Section 5: Should any section or provision of this Ordinance or any portion thereof
31 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
S:\CA\Ordinances\Planning\Land use\Knollwood.doc
1 the remainder ofthis Ordinance.
2 Section 6: This Ordinance shall take effect on adoption, subject to the review,
3 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
4 Planning and Land Development Regulation Act. No party shall be vested of any right by
5 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
6 all legal challenges, including appeals, are exhausted. In the event that the effective date is
7 established by state law or special act, the provisions of state act shall control.
8
FIRST READING this _ day of
,2005.
9 SECOND, FINAL READING and PASSAGE this _ day of
10 2005,
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
3 0 City Clerk
31
32 (Corporate Seal)
33
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\planning\Land use\Knollwood.doc
1
2
3
4
5
ORDINANCE NO. 05-
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF DRHI,
INC., JULIAN BRYAN & ASSOCIATES, INC., ON
BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE
A PARCEL OF LAND, AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF
LAWRENCE ROAD AND THE L WDD L-20 CANAL
(APPROXIMATELY I MILE SOUTH OF HYPOLUXO
ROAD) FROM AGRICULTURAL (AG) TO PLANNED
UNIT DEVELOPMENT (PUD); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
19
20
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
22 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
23 City; and
24 WHEREAS, Knollwood Groves, Inc" owner of the property located on the
25 Southwest comer of the intersection of Lawrence Road and the LWDD L-20 Canal
26 (approximately I mile south of Hypoluxo Road) in Boynton Beach, Florida, as more
27 particularly described hereinafter, has heretofore filed a Petition, through its agent, DRHI,
28 Inc., and Julian Bryan & Associates, Inc" pursuant to Section 9 of Appendix A-Zoning,
29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose ofrezoning a
30 parcel of land, said land being more particularly described hereinafter, from Agricultural
31 (AG) to Planned Unit Development (PUD); and
32 WHEREAS, the City Commission conducted a public hearing and heard
S:\CA \Ordinances\Plannmg\Rezoning\Rezonmg - Knollwood.doc
1 testimony and received evidence which the Commission finds supports a rezoning for the
2 property hereinafter described; and
3 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
4 Agency and City Commission has found that the proposed rezoning is consistent with an
5 amendment to the Land Use which was contemporaneously considered and approved at
6 the public hearing heretofore referenced; and
7 WHEREAS, the City Commission deems it in the best interests of the inhabitants
8 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
10 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
11
Section I.
The foregoing Whereas clauses are true and correct and incorporated
12 herein by this reference.
13
Section 2.
The following described land, located on the Southwest comer of
14 the intersection of Lawrence Road and the LWDD L-20 Canal (approximately I mile
15 south of Hypoluxo Road) in the City of Boynton Beach, Florida, as set forth as follows:
16 The North one-half of the Northeast one-quarter of the northeast one-
17 quarter, and the northeast one-quarter of the Northwest one-quarter ofthe
18 northeast one-quarter of Section 13, Township 45 south, range 42 east,
19 Palm Beach County, Florida.
20
21 Less and Except
22
23 The North 40.00 feet thereof and the East 40,00 feet of said north one-
24 half of the Northeast one-quarter of the northeast one-quarter. Said lands
25 situate in the city of Boynton Beach, Palm Beach County, Florida, and
26 contain 30.683 acres, more or less.
27
28
29 be and the same is hereby rezoned from Agricultural (AG) to Planned Unit Development
$:\CA \Ordinances\Plannmg\Rezoning\Rezoning - Kno1Jwood.doc
1 (PUD). A location map is attached hereto as Exhibit "A" and made a part ofthis Ordinance by
2 reference.
3 Section 3.
4 accordingly.
5 Section 4.
6 repealed.
7 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof be
8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
11
FIRST READING this _ day of
,2005.
12
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezonmg\Rezoning - Knollwood.doc
Exhibit A
Knollwood Groves PUD
LUAR 05-001
(0
1,100
""'
o
1,100 Feet
N
A
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 05-022
Chair and Members
Planning and Development Board and
Mayor an~i~ c~mission
Dick HUds~P
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
January 12, 2005
Knollwood Groves PUD/LUAR 05-001
Amend the future land use designation from Agriculture (A) to
Low Density Residential and rezone from AG Agricultural to PUD
Planned Unit Development
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Knollwood Groves, Inc.
DRHI, Inc./Julian Bryan & Associates, Inc.
Southwest corner of the intersection of Lawrence Road and the
LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road)
(Exhibit "A")
:t30.683 acres
Agriculture (A)
AG Agricultural
Low Density Residential (LDR)
PUD Planned Unit Development
145 single-family homes
Right-of-way of the LWDD L-20 Canal then single family
residential development (Manor Forest) designated Low Density
Page 2
File Number: LUAR 05-001
Knollwood Groves PUD
Residential and zoned PUD Planned Unit Development
South:
To the southeast, developed single family residential (Nautica)
designated Low Density Residential and zoned PUD Planned Unit
Development. To the southwest, vacant land in unincorporated
Palm Beach County designated MR-5 Single Family Residential (5
dujac) and zoned AR-Agricultural Residential
East:
Right-of-way of Lawrence Road then single family residential
development (Citrus Glen) designated Low Density Residential
and zoned PUD Planned Unit Development
West:
To the northwest, vacant land in unincorporated Palm Beach
County designated MR-5 Single Family Residential (5 dujac) and
zoned AR-Agricultural Residential. To the southwest, single family
residential development (Sunset Cay) also located in
unincorporated Palm Beach County, designated RTU Residential
Transitional Urban district.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
2. The requested land use and zoning are consistent with surrounding development;
however,
3. While the proposed Master Plan meets the minimum requirements of the code, there are
several issues that must be worked out with the County; therefore,
4. Staff would require that a final Master Plan, to be approved prior to final adoption of the
rezoning, will address the issues of right-of-way width for the continuation of Miner
Road and the provision of access and utility connections for an adjacent isolated parcel
to the southwest, lying in the unincorporated area.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total :t30.683 acres. Because
of the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
Page 3
File Number: LUAR 05-001
Knollwood Groves PUD
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This request is part of cycle 1 for calendar year 2005.
Master Plan Reauirements
The regulations for the Planned Unit Development zoning district require that a master plan,
including multi-year phases be submitted and reviewed for approval at the time of rezoning to
PUD.
The Master Plan accompanying the application is preliminary only. There are several issues to
be resolved before a final Master Plan can be approved, which will occur prior to final adoption
of the land use amendment and rezoning. The primary issues involve with Palm Beach County's
requirement for right-of-way dedication for the continuation of Miner Road westward to Military
Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range
Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary
of the property, while the Master Plan shows a dedication of only 80 feet. The requested
dedication would not align with the improved portion of the roadway. Both the proposed right-
of-way width and alignment are under discussion with the County. These issues must be
settled prior to submittal of the revised Master Plan.
Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer
separates the residential lots from Minor Road and lO-foot landscape buffer easements are
provided on the other three sides of the development. A lake/water management tract of 5.37
acres is located along Lawrence Road, and a 0.69-acre recreation area is centered on the
entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide
circulation through the development. Individual lots are not shown but are noted as having a
typical size of 45 feet by 107 feet. The preliminary master plan included with the application,
meets only the minimum criteria for submittal, and will be revised and reviewed again prior to
adoption for details such as setbacks, preliminary drainage plans and specific consistency with
adjacent planned developments.
Staff has identified a potentially landlocked parcel in the unincorporated area abutting the
subject property to the southwest. The County is requesting that the proposed development
provide a 50-foot access easement and utility connections to the landlocked parcel. These
provisions should be a condition of zoning approval.
Review Based on 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 wfitten
approval of the Palm Beach County Emergency Planning Division and the City's fisk
Page 4
File Number: LUAR 05-001
Knollwood Groves PUD
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:
"Policy 1.17.5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City 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"
The subject property is located outside the area of the City covered by the Bovnton Beach
20/20 Redevelooment Master Plan; however, the proposed development is similar in density
and type of development to the developments surrounding it. Therefore it is consistent with
the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site,
offsets the recent trend in the City to develop multi-family projects and townhouses, thereby
increasing the range of housing choices available to the market, and providing consistency with
Policy 1.19.1.
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
developments surrounding the site.
c. Whether changed or changing conditions make the proposed rezoning desirable.
It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as
somewhat of an institution; however, the costs of agricultural production and the fluctuating
market conditions, have taken their toll on small grove operations throughout the state. The
proposed land use amendment and rezoning are the minimum changes to the property, and are
consistent with surrounding land uses and zonings, both in the City and the adjacent
unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
,-,','.1'
Page 5
File Number: LUAR 05-001
Knollwood Groves PUD
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 72,600
gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per-
household and 145 houses in the development. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project.
Traffic analysis prepared by the applicant's consultants, shows that the proposed land use
designation is consistent with the Transportation Element of the Palm Beach County
Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections
to the proposed change in land use.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. The School District of Palm Beach County has reviewed the application and has
determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. With the requested land use amendment, the property becomes more compatible with
adjacent properties but would probably have a value-neutral effect on adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently in use as an agribusiness and has been for many years. It could
continue as such, and the site could also be developed with one accessory residence. The
pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be
economically feasible for the property to continue under this use.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The size of the subject parcel will afford a development similar in nature to surrounding
residential development and will contribute to the range of housing opportunities available in
the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
This is one of the last parcels of such size left in the city that could be developed for single
family detached residences. Only one other parcel of similar size, the property surrounding the
High Ridge Country Club, is designated for low density residential development.
Page 6
File Number: LUAR 05-001
Knollwood Groves PUD
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that cannot be accommodated by the City at
present; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. While the proposed Master Plan meets the minimum requirements of
the code, there are several issues that must be resolved with the County; therefore, staff would
require that a final Master Plan, to be approved prior to final adoption of the rezoning, must
address the issues of right-of-way width for the continuation of Miner Road and the provision of
access and utility connections for the parcel to the southwest, lying in the unincorporated area.
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
ATTACHMENTS
S:\PIanning\SHARED\Wp\PROJECTS\Knollwood Groves PUD\lUAR OS-OOl\STAFF REPORT Knollwoocl PUD.doc
Exhibit A
Knollwood Groves PUD
LUAR 05-001
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
Requested City Conunisslon Date Final Form Must be Turned Requested City Corrnnission Date Final Fonn Must be Turned
Meetine: Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
0 December 7. 2004 November 15, 2004 (Noon.) [8J February 1, 2005 January 17,2005 (Noon)
0 December 21, 2004 Decernber 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)
0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans C:~,
(/1
NATURE OF 0 Consent Agenda 0 New Business "-
:0-
AGENDA ITEM [8J Public Hearing 0 Legal :z
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0 Bids 0 Unfinished Business 0'
0 Announcement 0 Presentation ~
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0 City Manager's Report
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RECOMMENDATION: Please place this request on the February 1, 2005 City Commission Agenda under
Public Hearing. The Planning and Development Board reviewed the request on January 25,2005 and recommends that it be
approved, subject to all staff comments. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-005.
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Dr. Go Daycare Center (COUS 05-001)
Dave Beasley
Dr. Ka Hock Dy Go
Southeast corner of West Boynton Beach Boulevard and Knuth Road
Request Conditional Use/major Site Plan Modification approval to allow conversion of
7,098 square feet of an existing 13,170 square foot office building for daycare use on a
2.037-acre parcel in a C-I zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIV", ~
Development Department Director
~/J'-( ~ /
Planning and Zo;;/f;g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Dr. Ka Hock Dy Go Office\COUS 05~OOl\Agenda Item Request Dr. Go Daycare Center COUS 05-001 2-1.05.dot
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City Manager's Signature
-
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-005
FROM:
Chair and Members
Planning & Development Board
Michael Rum}\.~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
January 7, 2005
PROJECT:
Dr. Go Daycare Center / COUS 05-001
Conditional Use/Major Site Plan Modification approval to allow conversion
of 7,098 square feet of an existing 13,170 square foot office building for
daycare use
REQUEST:
PROJECT DESCRIPTION
property Owner: Dr. Ka Hock Dy Go
Applicant: Michael R. Presley, Esq.
Agent: David Beasley
Location: 3452 West Boynton Beach Boulevard / SE corner of Knuth Road and
Boynton Beach Boulevard (see attached map)
Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Conversion of 7,098 square feet of an existing 13,170 square foot
professional office building to daycare use
Acreage:
2.037 acres
Adjacent Uses:
North:
Boynton Beach Boulevard right-of-way, farther north Greentree Plaza II
retail center, zoned C-3;
South:
200 Knuth Road Professional Office Building, zoned C-1;
East:
Stonehaven residential development, zoned PUD; and
Dr. Go Daycare - COUS 05-001
Page 2
Memorandum No. PZ 05-005
West:
Knuth Road right-of-way, farther west BP Gasoline Station/Convenience
Store, zoned M-1.
BACKGROUND
David Beasley, agent for Dr. Ka Hock Dy Go, is seeking conditional use/major site plan modification
approval for the conversion of 7,098 square feet of an existing 13,170 square foot professional
office building to daycare use. The subject property is located at the southeast corner of Knuth Road
and Boynton Beach Boulevard. Dr. Go has been in practice from this site since 2001. The doctor's office
has become aware of the need for daycare among its patients and has decided to convert some of the
existing office space in the building to accommodate this need.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory proviSions
have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The subject property currently has one (1) point of ingress and one (1) point of egress, both located
off of Knuth Road (see Sheet A-I). This proposed conversion in uses would not involve changes in
the number of ingress/egress pOints or significant changes in volumes of pedestrian and automobile
traffic on the site. Staff has requested that the egress driveway be widened from 12 feet, to a
minimum width of 15 feet and the rounding off the Type "0" curb to eliminate the notch on the
southeast side of the driveway, in an effort to improve exiting movements from the site (see Exhibit
"c" - Conditions of Approval). The applicant has proposed additional improvements to the parking lot
to better facilitate the child drop-off/pick-up. These improvements include removal of excess parking
spaces in the vicinity of the entrance to the daycare portion of the building, pavement markings to
clearly delineate the drop-off area and the installation of a raised curb landscape island to separate
other parking movements from this area. As proposed, on-site traffic circulation would meet the
requirements for general motorists, emergency access and waste removal operations.
Dr. Go Daycare - COUS 05-001
Page 3
Memorandum No. PZ 05-005
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Parking for daycare uses is calculated at one (1) parking space per 300 square foot of gross floor
area. This is the same formula used for determining appropriate parking for office use. Therefore,
the conversion of building space from office to daycare use has no effect on the required number of
parking spaces. Required parking is calculated to be forty-four (44) spaces total, based on the square
footage of the building. The site plan would exceed this requirement by 58 parking spaces, with the
provision of 102 spaces, including three (3) designated as handicapped-accessible. The proposed
project would not increase the intensity of parking or promote additional glare, noise or odors.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
A new dumpster enclosure is being provided to replace the existing, complete with additional
landscaping. The location of the dumpster at the termination of the entry drive, allows for ease of
solid waste removal. Trash would be removed on a standard schedule and solid waste is not
anticipated to increase significantly as a result of this application.
4. Utilities, with reference to locations, availability, and compatibility.
The City Of Boynton Beach Utility Oepartment currently serves the site, and utilities would continue
to be available and provided, consistent with Comprehensive Plan policies and city regulations. No
additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The site is landscaped with mature shade trees, mostly Mahogany. However, a number of both
internal and perimeter trees and other plant material was damaged/lost during the hurricanes of the
past year. A requirement of approval will be that a new landscape plan be submitted at time of
permitting that brings the site into conformance with today's code (see Exhibit "c" - Conditions of
Approval). The applicant states, in his responses to the standards for evaluating conditional uses,
that the ''Landscaping will be upgraded and replenished to current codes'~
Additionally, there is a six (6) foot high wooden fence along the east property boundary, abutting the
single-family residential development (Stonehaven). The proposed outdoor play area has been
designed within the former courtyard area of the horseshoe shape office building, which provides
noise buffering to the east (residential), north (commercial), and west (commercial) with the walls of
the building. The only open end of the outdoor play area is facing south, towards the office building
at 200 Knuth Road.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
Dr. Go Daycare - COUS 05-001
Page 4
Memorandum No. PZ 05-005
No additional signs are proposed at this time. All site lighting is existing, and the applicant indicates,
in his responses to the standards for evaluating conditional uses that, .. Parking lot lighting will be
shielded to protect from glare on the residential project to the east'~
7. Required setbacks and other open spaces.
The existing building exceeds the setback requirements of the C-l zoning district. Oistrict setbacks
are: front (north) required 30' - provided 108; rear (south) required 20' - provided 136; side (west)
required 10' - provided 24; and side abutting residential (east) required 30' - provided 76~
8. General compatibility with adjacent property and other property in the zoning district.
The daycare use is generally compatible with the office use within the remainder of the building and
with the surrounding commercial and office uses on adjacent properties. With the buildings large
side setback against the neighborhood to the east (76 feet), and the building being located between
the outdoor play area and the residential area to the east, any perceived negative impacts should be
minimal.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The existing height of the one-story building would not change with this application, and is
compatible with the structures on the adjacent commercial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby properties, and the city as
a whole, will be negligible.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the city.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request for conditional use / major
Dr. Go Daycare - COUS 05-001
Page 5
Memorandum No. PZ 05-005
site plan modification be approved subject to satisfying all comments contained in Exhibit "C" -
Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a
time limit is to be set within which the proposed project is to be developed. Staff recommends that a
period of one (1) year be allowed to obtain a building permit for this project.
MWRleb
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EXHIBIT "C"
Conditions of Approval
Project name: Dr. Go's Daycare
File number: COUS 05-002
Reference: 2nd review plans identified as a Conditional Use with a December 14, 2004 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
l. Provide a traffic analysis and notice of concurrency (Traffic X
Performance Standards Review) from Palm Beach County Traffic
Engineering.
2. On the Site and Civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the
"Loading Area" (where applicable - LDR, Chapter 2, Section 11.1); include
a pavement message in yellow indicating "No Parking - Loading Zone".
See City Standard Drawings "K" Series for striping details. lndicate by note
re-striDing.
3. Widen egress driveway to a minimum width of 15 feet and round off the X
Type "D" curb to eliminate the notch on the southeast side of the driveway,
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Add a general note to the Site Plan that all plans submitted for specific X
permits shall meet the City's Code requirements at time of application.
These permits include, but are not limited to, the following: paving,
Conditions of Approval
2
I DEPARTMENTS I mCLUDE I REJECT !
drainage, curbing, site lighting, landscaping and irrigation. Permits
required from other permitting agencies such as Florida Department of
Transportation (FDOT), South Florida Water Management District
(SFWMD), Lake Worth Drainage District (L WDD), Florida Department
of Environmental Protection (FDEP), Palm Beach County Health
Department (PBCHD), Palm Beach County Engineering Department
(PBCED), Palm Beach County Department of Environmental Resource
Management (PBCDERM) and any others, shall be included with the
permit request.
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. Please note that changes or revisions to these plans may generate X
additional comments. Acceptance of these plans during the TRC
process does not ensure that additional comments may not be generated
by the Commission and at permit review.
7. Show site lighting on the Site plan (LDR, Chapter 4, Section 7.BA.) X
The lighting design shall provide a minimum average light level of one
foot-candle.
8. All engineering construction details shall be in accordance with the X
applicable City of Boynton Beach Standard Drawings and the
"Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the commission
and at permit review.
10. Indicate within the site data the type of construction of the building as X
defined in 200 I FBC, Chapter 6.
II. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
12. Add a labeled symbol to the site plan drawing that identifies the location of X
the handicap accessible parking spaces. The quantity of the spaces shall be
consistent with the regulations specified in the 200 I FBC. The accessible
parking spaces that serve a use shall be located on the shortest safety
accessible route of travel from adjacent parking to an accessible entrance.
The 200 I FBC states that buildings with multiple accessible entrances shall
I DEPARTMENTS I INCLUDE I REJECT I
have accessible parking spaces dispersed and located closest to the
accessible entrance. 200] FBC, Sections] ]-4.1.2(5),4.3, and 4.6.
13. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible parking spaces and the accessible entrance doors to the building.
The installed symbol, required along the path, shall start at the accessible
parking spaces and terminate at the accessible entrance doors to the
building. The symbol shall represent the location of the path of travel, not
the location of the detectable warning or other pavement markings. The
location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an
accessible route shall be 36 inches, except at curb ramps that are part of a
required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route
and the route is designed in compliance with 200] FBC, Section ]]-4.3
(Accessible Route) and] 1-4.6 (parking and Passenger Loading Zones).
Please note that at time of permit review, the applicant shall provide detailed
documentation on the plans that will verify that the accessible route is in
compliance with the regulations specified in the 200] FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
]4. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible parking spaces. A]so, state the
code section that is applicable to the computations.
]5. Indicate on the floor plan drawing within the footprint of the building the X
primary use of the building. If the building is an expansion of an existing
building, indicate with the footprint of the new and existing building the
primary use of the building.
] 6. 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.
] 7. The number of handicap accessible parking spaces shall comply with the X
200] FBC, section ]]-4.1.2(5)(a).
18. Sheet A-2 - The doors to the accessible toilet rooms shall not swing into the X
clear floor space of fixtures per the 200] FBC, Section]] -4.22.2(]).
]9. Indicate on the plan the number of occupants based on 200] FBC, Tab]e X
1003.
20. A smoke detection system is required per the 200] FBC, Section X
4]8.7.2.
PARKS AND RECREATION
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
21. The comment under "General Notes" pertaining to the existing site X
landscaping is not all existing. There are many site trees and additional
landscaping that have been damaged or destroyed by the two past hurricane
events. A new landscape plan should be submitted in conjunction with the
site plan.
PLANNING AND ZONING
Comments:
22. Number each parking space on the site plan. X
23. Provide an affidavit regarding the applicant's responsibility for public X
noticing, consistent with Ordinance No. 04-007.
24. The facilities shall comply with Health Department and all other Regulatory X
Agency requirements.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Dr. Ka Hock Dy Go Office\COUS 05.QOl\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Dr. Ka Hock Go Daycare
APPLICANT'S AGENT: David Beasley
APPLICANT'S ADDRESS: 3570 Kitely Avenue, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2005
TYPE OF RELIEF SOUGHT: Request for Conditional UselNew Site Plan approval for the conversion
of 7,098 square feet of an existing 13,170 square foot professional office
building to daycare use
LOCATION OF PROPERTY: 3452 West Boynton Beach Boulevard I SE corner of Knuth Road and
Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtn
VIII.-PUBLIC HEARING
ITEM E.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meetine: Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) ~ 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)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
n
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0 Administrative 0 Development Plans L.. -<0
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NATURE OF 0 Consent Agenda 0 New Business :Z~ .--co
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AGENDA ITEM ~ Public Hearing 0 Legal 0" :'J-<
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RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Public Hearing. The Planning and Development Board reviewed the request on January 25,2005 and recommends that it be
approved, subject to all staff comments. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-004.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel C (COUS 05-002)
Lution HilI
Grove Plaza C, LLC
3940 Hypoluxo Road
Request conditional use/new site plan approval for a 6,832 square foot minor automotive
repair facility on a 0,823-acre parcel, in a C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~~
Deve
ector
City Manager's Signature
Izvl) ~~
Planning and Zojin Director City Attorney / Finance / Human Resources
S:\PlanningISHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS 05-002\Agenda Item Request Grove Plaza Parcel C COUS 05-002 2-1-
05.dot
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM,DQC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ OS-OM
TO:
Chair and Members
Planning & Development Board
Michael Rum~~
Director of Planning and Zoning
Ed Breese J1!:7-.
Principal Planner
THRU:
FROM:
DATE:
January 6, 2005
PROJECT:
Grove Plaza Parcel "C" I COUS 05-002
REQUEST:
Conditional Use / New Site Plan approval for a 6,832 square foot minor
automotive repair facility
PROJECT DESCRIPTION
Property Owner: Grove Plaza C, LLC
Applicant: Mr. Jason S. Mankoff, Weiner & Aronson, P.A.
Agent: Mr. Lution Hill
Location: 3940 Hypoluxo Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
6,832 square foot minor automotive repair facility
Acreage:
0.823-acres
Adjacent Uses:
North:
Right-of-way for Hypoluxo Road, then farther north is Santaluces High
School with an Institutional (I) land use designation (unincorporated Palm
Beach County) and zoned Public Ownership (PO);
South:
Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther
south is developed residential with a Medium Density Residential (MR-5)
land use designation (unincorporated Palm Beach County) and zoned
Agricultural Residential (AR);
Grove Plaza Parcel "C" - COUS 05-002
Page 2
Memorandum No. PZ 05-004
East:
Ingress/Egress drive for Grove Plaza, and farther east Parcel "0" of Grove
Plaza approved for the construction of an 11,972 square foot retail building
with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3); and
West:
Parcel "B" of Grove Plaza designated for a 3,800 square foot retail building
with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3).
BACKGROUND
Mr. Lution Hill, agent, is seeking conditional use / new site plan approval for a 6,832 square foot minor
automobile repair facility on Parcel "C" of Grove Plaza. According to Palm Beach County Traffic
Engineering in a letter dated November 15, 2004, the proposed project meets the Traffic Performance
Standards of Palm Beach County. However, no building permits may be issued after the build-out date
(2006). Automotive repair is a conditional use in the C-3 zoning district, in order to provide staff a closer
look at the site design, operational characteristics and potential impacts on surrounding properties. Minor
automobile repairs, as defined in city code, are limited to engine tune-ups, carburetor repairs, wheel
balancing and replacement and/or repair of external engine parts. If approved, the construction of the
building and related site improvements would occur in one (1) phase.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are three (3) proposed points of ingress/egress to Parcel ''C'; none
of which are directly on Hypoluxo Road. The first point of ingress/egress is located on one of the
north/south circulation roads within Grove Plaza, at the northeast comer of the property. The second
and third access points are at the rear (south) end of the parcel, off of the east/west intemal
circulation road. A future connection is indicated on the site plan at the northwest comer of the
property, to provide cross-access between this parcel and Parcel ''8'; when developed. All of these
Grove Plaza Parcel "C" - COUS 05-002
Page 3
Memorandum No. PZ 05-004
driveway widths appear to meet code requirements. These access points adequately address the
needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment
and circulation is designed completely around the proposed building. With no direct driveway
connection being made to Hypoluxo Road, this development should have minimal negative impacts
on this County roadway.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Automotive repair facilities require one (1) parking space per 250 square feet of gross floor area.
Based on the proposed 6,832 square foot building, the project would require 28 parking spaces. The
proposed site plan (Sheet AI00) shows the provision of 33 parking spaces, plus a loading space. Two
(2) of the spaces are designated for handicap use, located closest to the buildings front entrance.
The loading space is located at the rear (south) of the building, approximately 70 feet from the south
property line of the Grove Plaza development, with a 20-foot landscape buffer and masonry wall at
the south perimeter.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet AI00) shows that the dumpster location is in accordance with previous site
plans approved on other parcels within Grove Plaza and is situated a minimum of 50 feet from the
south property line of the Grove Plaza development The dumpster would be screened with enclosure
walls and landscape, in accordance with Chapter 9, Section 10.C.3 of the Land Oevelopment
Regulations. The dumpster location is positioned in such a way as to facilitate the efficient removal of
trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project,
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed pervious area of the parcel equals 7,461 square feet or 19% of the total site. The
landscape plan (Sheet Ll) indicates that approximately 60% of the trees, 76% of the shrubs and
76% of the groundcover would be native,
Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along
Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak and C/usia trees and a row
of Redtip Cocoplum hedges. Additionally the north buffer would include Bougainvillea trees, fire bush
and purple lantana. The installation and creation of the berm along the north buffer would be
overseen by the City Forester/Environmentalist. The west (side) landscape buffer would typically be
4.5 feet in width, with certain areas expanded to 14.5 feet, and containing Pigeon Plum and Silver
Buttonwood trees, Montgomery palms and a row of Redtip Cocoplum hedges. The width of the south
(rear) landscape buffer would be between 18 and 25 feet in width and would contain Live Oak trees,
a Foxtail palm and Redtip Cocoplum hedges. The south buffer is penetrated by two (2) points of
ingress/egress, which lessens the buffer. However there remains the 20-foot landscape buffer along
Grove Plaza Parcel "CO - COUS 05-002
Page 4
Memorandum No. PZ 05-004
the south boundary (rear) of the master plan, which also contains a masonry wall for buffering
purposes. Finally, the width of the east (side) landscape buffer would be 7 feet wide, with certain
areas expanded to 26 feet, and would contain Pigeon Plum and Gumbo Umbo trees, Montgomery
palms and Redtip Cocoplum hedges. The plant material chosen for this site is consistent with that
selected and approved on the other parcels within the master plan.
Staff recommends that the applicant consider replacing the Montgomery palms along the east and
west landscape buffers with green and silver buttonwood trees to provide an even denser screening
of the garage bays (see Exhibit ''C'' - Conditions of Approval).
The developer has designed the building so that the garage bays are oriented in an east/west
direction, in order that the internal operations of the business are somewhat screened from motorists
driving on Hypoluxo Road. Also, to further assist with the screening of the garage bays, the
developer has proposed, along the north side of the building, decorative arches over the drive aisles,
including massive columns with decorative landscaping material, such as Christmas palms along with
a variety of shrubs (see Sheets A21D, AJOO & Ll).
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The proposed monument sign is in accordance with the Grove Plaza Oesign Guidelines for height (8.5
feet maximum) and design characteristics and will be painted to match the building colors (colors on
the approved list within the Oesign Guidelines). The wall signage is within code allowances and is
black and white, so as not to contrast with the building colors. The lighting levels are adequate and
should not create a disturbance to the surrounding commercial activities or neighboring residential
properties.
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C-3 zoning district and conforms
to the Grove Plaza Master Plan.
8. General compatibility with adjacent property and other property in the zoning district.
In general, the proposed use is compatible with the commercial uses within Grove Plaza (AutoZone
Auto Parts, Motor City Carwash and the 7-11 Convenience Store/Gasoline Station and the C-3 zoning
district. There would be minimal on-site impact and no adverse effects should occur from the
proposed use, With approximately 85 feet from the rear of the building to the nearest residential
property, the 20 foot landscape buffer and masonry wall at the perimeter of the Grove Plaza
development and the fact that the garage bays do not face any residential property, staff believes
the project to be generally compatible,
The project was reviewed in part, according to the standards as identified in the Grove Plaza Design
Guidelines (1998). The proposed design is compatible with the surrounding built environment and
would generally enhance the overall appearance of the commercial plaza. The general design of the
building (Spanish Mission) utilizes many of the same type of building elements as the Motor City
Carwash (parapet details and decorative moldings). The principle building and trim colors (earth
tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The main body
Grove Plaza Parcel "C" - COUS 05-002
Page 5
Memorandum No. PZ 05-004
portion of the exterior wall area would be painted a cream color (Sherwin Williams - Oevon Cream
#2447). The entry detail wall area would be painted a tan color (Sherwin Williams - Terrain Tan
#2177). The accent moldings and pre-finished comice proposed at top of the parapet walls would
be brown (Sherwin Williams - Briar Patch #2182). The storefront moldings are proposed to be a
rustic red (Sherwin Williams - Red Bam #2307). These colors would be compatible with the Motor
City Carwash and Auto Zone colors on adjacent lots (tan, medium brown, and cream).
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-3 zoning district is 45 feet. The building was
designed as a one (I)-story structure, approximately 21 feet in height to the top of the highest
parapet. The building would not exceed the districts maximum height limitations and would be
compatible in comparison with the neighboring commercial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, "The proposed project will have a positive economic effect on the nearby
properties. The proposed use will not only compliment other service uses within Grove Plaza, but will
contribute in attracting customers to its neighbors. Overall, the proposed project will be a positive
economic contribution to the City as a whole. "
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach and would thus be in conformance with the City's
performance standards.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to initiate this project.
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BOYNTON BEACH, FL PARCEL 'C' , ~- ..~
EXHIBIT "e"
Conditions of Approval
Project name: Grove Plaza Parcel C
File number: COUS 05-002
Reference: 2nd review plans identified as a Conditional Use with a December 14,2004 Planning & Zoning date
ki
stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
I. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting 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 timeline 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.
2. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
3. 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)).
4. 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.
5. 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.
6. 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.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
7. The Utility plan depicts a sewer lateral being placed beneath a tire storage X
area. This configuration is not recommended.
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: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
9. All comments requiring changes andior corrections to the plans shall be X
reflected on all aoorooriate sheets.
10. 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 oermit review.
Il. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
12. Maximum runoff distance over impervious surfaces before diversion to X
percolation areas is fifty (50) feet (LDR, Chapter 6, Article N, Section
5.B.2.a.)
13. 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:
14. 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.
DEPARTMENTS INCLUDE REJECT
IS. 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 pennit application.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. 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.
18. A water-use pennit 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 ofpennit application, F.S. 373.216.
19. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building pennit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water
and how much is for sewer.
CBBCO, Chapter 26, Article II, Sections 26-34)
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 pennit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
21. All shade trees on the Plant List must be listed in the specifications as a X
minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and
Florida #1 (Florida Grades and Standards manual) The height of the trees
may be larger than 12' -14' to meet the 3" caliper requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.]
22. The landscape design should include 2 City signature trees (Tibochina X
granulosa) at each of the project ingress/egress location. These trees must
meet the minimum tree specifications. [Environnemental. Regulations,
Chapter. 7.5, Article II Sec. 5.C.3, N.]
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
23. The elevation (height) of the vehicles and the raised berm area in X
relationship to each other should be shown On the detail plan.
Irril!ation Plan
24. There is no irrigation system design included with the site plans. The X
irrigation design should be micro-irrigation for water conservation.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5A.]
25. Turf areas should be limited in size. Landscape (bedding plants) areas X
should be designed on separate zones with proper time duration for water
conservation. Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
26. All trees on the site should receive irrigation from a separate bubbler. X
[Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.]
PLANNING AND ZONING
Comments:
27. The landscape buffer along Hypoluxo Road shall contain a combination of X
colorful groundcover plants and a minimum of two (2) colorful shrub
species planted in a continuous row or in clusters spaced no greater than
twenty (20) feet apart, beginning at the project entrance. The focus of this
landscape material will be to create an aesthetically pleasing buffer from
Hypoluxo Road.
28. Repeat the planting of the variegated arbricola depicted in front of the X
storefront windows at the base of the large columns of the arches.
Additionally, the planting scheme currently depicted around the western
column should be mirrored at the eastern column.
29. Owner to arrange for timely pick-up of used tires to ensure tires are not seen X
above the masonry enclosure or that they are not stacked outside said
enclosure. Additionally, outdoor storage or accumulation of auto parts
andior inoperable vehicles will be prohibited.
30. The proposed bollards shall be decorative in nature, as the B-3 model X
submitted for review.
31. Staff recommends the applicant consider elimination of the Montgomery X
palms and replace them with groupings of green and silver buttonwoods at
varying heights (7-12 feet) along the east and west landscape buffers, to
provide greater screening of the activity within the garage bays.
32. The billboard (or remains thereof) must be removed prior to the issuance of X
the first permit for the project.
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT CONDITIONS
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I I. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\CQUS 05-002\COA.doc
DEVELOPMENT ORDER OF ,HE '';: ~ y '';'JMMI~~I'.1N .~.~ . ~':.
CITY OF BOYI\lTON BEACH, l=lORIDA
PROJECT NAME: Grove Plaza Parcel "C"
APPLICANT'S AGENT: Jason Mankoff, Weiner t. Aronson, P.A.
APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, Fl. 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February '1, 2()(5
TYPE OF RELIEF SOUGHT: Request for Conditional UselNew Site Plan approval for a 6,832 square
foot minor automotive repair facility on a 0.B23-acre parcel in a C-3
zoning district
LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Roao
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS 05-002\00
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CITY OF BOYNTON BEACE
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meetinl!: Dates
0 December 7, 2004 November 15,2004 (Noon.) [8] February I, 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
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005
VIII.-PUBLIC HEARING
ITEM F.
Date Final FOnTI Must be Turned
in to City Clerk's Offig
January 17,2005 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Noon)
n
)
February 28, 2005 (Nt;!n)
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NATURE OF 0 Consent Agenda 0 New Business ;::.."
AGENDA ITEM ~..;:;.
[8] Public Hearing [8] Legal
0 Bids 0 Unfinished Business 0'
0 0 --J
Announcement Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on January
25,2005 and recommends that it be approved, subject to all staff comments. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park NOPC #15 (DRlA 05-001)
Eugene Gedica, Quantwn Group of Companies
MFT Development, Inc.
West side of interstate 1-95, between Miuer Road and the Boynton (C-16) canal
Request for Development of Regional Impact Amendment (DRIA) to allow an increase in
the maximum number of dwelling units permitted under the development order from
1,000 to 1,105 dwelling units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
ilL
ent De rtment Director City Manager's Signature
2,~.-r ~
Planning an~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 DRIA 05-001 2-1-05.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-006
TO: Chair and Members
Planning and Development Board
THROUGH: Michael Rump;)'(oc...."
Planning and Zoning Director
FROM: Ed Breese ~
Principal Planner
DATE: January 12, 2005
SUBJECT: Quantum Park - DRIA 05-001/MPMD 05-006
Master Plan Amendment #15
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PI D). It is located on the west side of 1-95, between Miner Road extended and the Boynton
Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development,
Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 13
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02,
01-54,02-54 and 04-77. The City Commission denied Amendment #11 on February 20.2001.
The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #15 proposes amending the maximum number of dwelling units allowable within
the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master
Plan. The requested change is depicted in Exhibit .C" - Proposed Master Plan and described as
follows:
NOTE #2. Development of the following Land Use classifications should not exceed
the following intensities without further City approval:
- Residential - 1,105 dwelling units
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on October 4,
2004. The proposed Amendment #15 amends the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of
the DRI amendment also constitutes a review of the change to the Master Plan for Quantum
Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and
Chapter 3, Master Plan Approval. First review comments were generated and the Technical
Review Committee (TRC) reviewed the Master Plan change on January 4, 2005.
ANALYSIS
Notice of Proposed Chanae (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DRI. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence" .
1. Chapter 380.06(19)(b)9., An Increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 105 residential dwelling units to the 1,000
currently approved, for a total of 1,105 dwelling units. The proposed change exceeds
this threshold. However, the proposed change also eliminates the previously approved
4,000 seat movie theater. In this case, the criterion outlined in Chapter 380.06(19)(e)5.c.
applies.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651 (3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. While Amendment
#15 does not involve changes to any land use categories, the addition of 105 dwelling
2
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat
movie theater originally approved in NOPC #9. These changes are reflected in the
"Notes" section on the Master Plan. The proposed increases and decreases are
presumed to maintain the vested traffic generation level of 63,752 average daily trips
(ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc.,
concludes that the simultaneous increases and decreases in allowable intensities
associated with NOPC #15 results in no increases in approved daily and peak hour trips.
As of the release of this staff report, the City has not received a response from Palm
Beach County Traffic Engineering regarding the proposal's compliance with the Traffic
Performance Standards.
Conclusion
The proposed changes delineated in Amendment #15 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DRI. There is only one (1) change proposed. The applicant provided the following descriptive
summary of this change:
Request for Master Plan Modification approval to allow an increase in the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)"
from 1 ,000 to 1,105 dwelling units.
The NOTES section of the Master Plan would be revised as follows:
"Residential-1,105 dwelling units" (changed from 1,000)
"One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated)
"One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated)
The elimination of the references to the Movie Theater, which was approved in NOPC #9, is
proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units
to the Master Plan. These proposed changes are presumed to maintain the vested traffic
generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant,
Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling
units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no
increases in approved daily and peak hour trips.
All categories on the Land Use Acreage Table remain unchanged in Amendment #15. The
Quantum Park DRI acreage total of 553.13 also remains unchanged.
The Quantum Park DRI has been amended 13 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions",
3
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Originally, in the review of NOPC #10 back in the year 2000, staff was opposed to the
conversion of valuable industrial land to residential uses. The City had considerable acreage for
residential purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. The applicant indicated that they understood
the concerns of the City and that they would limit the amount of residential in an effort to assure
that staff's fears of loss of industrial land would be minimized. The applicant has now submitted
NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the
applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)",
which does not entail any further conversion of industrial land. Their request will likely only result
in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce
industrial land.
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed change in uses.
The Palm Beach County Traffic Engineering Division has not completed their review at this time.
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
4
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels will remain within the limits for which the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies. The proposed change is discussed below:
On Lots Desionated "Mixed Use iMUl - Amendment #15 proposes amending the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000
to 1.105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation
are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard
and were approved for a townhouse development by DR Horton in 2002 known as Quantum
Townhomes East & West (now called Parkside). This project is nearly built-out.
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard
and were approved for a rental apartment development by Olen Development in 2000 known as
Quantum Lakes Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and rental apartment development by
Olen Development in 2002 known as Quantum Park and Village South. The rental apartment
component of this project is under construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and townhouse development in 2002.
The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road,
north of Gateway Boulevard and is currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within
Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DRI
(553.13 acres).
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be
able to take advantage of the additional 105 dwelling units would be either Quantum Park and
Village South or Quantum Park and Village North, since the office and retail components of
these projects has not begun construction. The subdivision master plan for either of these sites
would require a formal modification and review in front of the Board and City Commission to
incorporate the additional units while reducing other approved uses on the site. Based upon
discussions staff has had with Olen Development, they would intend to amend the plans for
Quantum Park and Village South to accommodate the additional dwelling units, while
redesigning the office and retail components.
5
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use
(MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that
height was not a characteristic of the DRI or Master Plan and that height limitations were
located within the Planned Industrial District (PID) regulations. Therefore, the height request will
not be addressed in the NOPC. The applicant has been instructed that, should a change be
proposed to the height limitation, a Code Review (CDRV) request, justification and review fee
must be submitted to amend the PID regulations.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit
"D".
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of request for Master Plan Modification to allow an increase in the maximum number of
dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105
dwelling units, subject to the Conditions of Approval attached in Exhibit "0".
S;\PLANNING\sHARED\WP\PROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMD\ORlA OS-001\STAFF REPORT #is.DOC
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EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC # 15
File number: DRIA 05-00l/MPMD 05-006
Reference:
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:
1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Provide notice of concurrency (Traffic Performance Standards Review) from X
Palm Beach County Traffic Engineering.
3. Provide notice of school concurrency from Palm Beach County School X
Board for the additional 105 residential dwelling units being requested.
4. Amend the Substantial Deviation Determination Chart under "Attraction X
and Recreation" to reflect a "0" below the heading of "Proposed Change"
instead ofN/C for the 4,000 seat movie theater.
5. Height is not a characteristic of the DR! or the Master Plan. Height limitations X
are located within the Planned Industrial District (PID). Therefore, the
height request will not be addressed in the NOPC. If a change is proposed to
the height limitation, a Code Review (CDRV) request, justification and
review fee must be submitted to amend the PID regulations.
6. The applicant is asked to acknowledge that the City is currently in litigation X
regarding heights exceeding 45 feet
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc
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VIII.-PUBLIC HEARING
CITY OF BOYNTON BEACH ITEM F. Cl.,
AGENDA ITEM REQUEST FOllin
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetin2: Dates in to City Clerk's Office Meetine Dates
D December 7, 2004 November 15, 2004 (Noon.) [gJ February 1,2005
D December 21, 2004 December 6, 2004 (Noon) D February 15,2005
D January 4, 2005 December 20, 2004 (Noon) D March I, 2005
D January 18,2005 January 3, 2005 (Noon) D 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)
February 28, 2005 (Noop).,
<.i)
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D Administrative D Development Plans --
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NATURE OF D Consent Agenda D New Business 0'
AGENDA ITEM [gJ Public Hearing D Legal ;::0.
D Bids D Unfinished Business
D AlUlOuncement D Presentation (.'1
-._~j
D City Manager's Report
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RECOMMENDATION: Please place this request on the February I, 2005 City Conunission Agenda under
Public Hearing (to be combined with corresponding DRIA item), The Planning and Development Board reviewed the request
on January 25, 2005 and recommends that the subject request be approved, subject to all staff comments, For further details
pertaining to the request, see attached Department of Development Memorandum No, PZ 05-006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park NOPC #15 (MPMD 05-006)
Eugene Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side of interstate 1-95, between Miner Road and the Boynton (C-16) canal
Request for Master Plan Modificalion approval to allow an increase in the
maximum number of dwelling units allowable within the areas designated for
"Mixed Use (MU)" from 1,000 to 1,105 dwelling unils.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
j)L~
City Manager's Signature
Develop ent Dep
Z- W ~~ /
Planning and Zoni g rrector City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 MPMD 05-006 2-1-05.dot
SoIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-006
TO: Chair and Members
Planning and Development Board
THROUGH: Michael Rump~lG0
Planning and Zoning Director
FROM: Ed Breese $-,
Principal Planner
DATE: January 12, 2005
SUBJECT: Quantum Park - DRIA 05-001/MPMD 05-006
Master Plan Amendment #15
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton
Canal _ (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development,
Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 13
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02,
01-54, 02-54 and 04-77. The City Commission denied Amendment #11 on February 20, 2001.
The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #15 proposes amending the maximum number of dwelling units allowable within
the areas designated for "Mixed Use (MU)" from 1 ,000 to 1,105 dwelling units in the Master
Plan. The requested change is depicted in Exhibit "C" - Proposed Master Plan and described as
follows:
NOTE #2. Development of the following Land Use classifications should not exceed
the following intensities without further City approval;
- Residential - 1 , 1 05 dwelling units
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on October 4,
2004. The proposed Amendment #15 amends the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of
the DRI amendment also constitutes a review of the change to the Master Plan for Quantum
Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and
Chapter 3, Master Plan Approval. First review comments were generated and the Technical
Review Committee (TRC) reviewed the Master Plan change on January 4, 2005.
ANALYSIS
Notice of Proposed ChanQe (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DRI. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence".
1. Chapter 380.06(19)(b)9., An Increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 105 residential dwelling units to the 1,000
currently approved, for a total of 1,105 dwelling units. The proposed change exceeds
this threshold. However, the proposed change also eliminates the previously approved
4,000 seat movie theater. In this case, the criterion outlined in Chapter 380.06(19)(e)5.c.
applies.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified In
380.0651(3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. While Amendment
#15 does not involve changes to any land use categories, the addition of 105 dwelling
2
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat
movie theater originally approved in NOPC #9. These changes are reflected in the
"Notes" section on the Master Plan. The proposed increases and decreases are
presumed to maintain the vested traffic generation level of 63,752 average daily trips
(ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc.,
concludes that the simultaneous increases and decreases in allowable intensities
associated with NOPC #15 results in no increases in approved daily and peak hour trips.
As of the release of this staff report, the City has not received a response from Palm
Beach County Traffic Engineering regarding the proposal's compliance with the Traffic
Performance Standards.
Conclusion
The proposed changes delineated in Amendment #15 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DR!. There is only one (1) change proposed. The applicant provided the following descriptive
summary of this change:
Request for Master Plan Modification approval to allow an increase in the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)"
from 1,000 to 1,105 dwelling units.
The NOTES section of the Master Plan would be revised as follows:
"Residential-1, 105 dwelling units" (changed from 1 ,000)
"One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated)
"One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated)
The elimination of the references to the Movie Theater, which was approved in NOPC #9, is
proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units
to the Master Plan. These proposed changes are presumed to maintain the vested traffic
generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant,
Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling
units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no
increases in approved daily and peak hour trips.
All categories on the Land Use Acreage Table remain unchanged in Amendment #15. The
Quantum Park DRI acreage total of 553.13 also remains unchanged.
The Quantum Park DRI has been amended 13 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating "There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
3
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Originally, in the review of NOPC #10 back in the year 2000, staff was opposed to the
conversion of valuable industrial land to residential uses. The City had considerable acreage for
residential purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. The applicant indicated that they understood
the concerns of the City and that they would limit the amount of residential in an effort to assure
that staff's fears of loss of industrial land would be minimized. The applicant has now submitted
NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the
applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)",
which does not entail any further conversion of industrial land. Their request will likely only result
in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce
industrial land.
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed change in uses.
The Palm Beach County Traffic Engineering Division has not completed their review at this time.
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
4
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels will remain within the limits for which the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies. The proposed change is discussed below:
On Lots Desiqnated "Mixed Use iMU) - Amendment #15 proposes amending the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000
to 1,105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation
are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard
and were approved for a townhouse development by DR Horton in 2002 known as Quantum
Townhomes East & West (now called Parkside). This project is nearly built-out.
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard
and were approved for a rental apartment development by Olen Development in 2000 known as
Quantum Lakes Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and rental apartment development by
Olen Development in 2002 known as Quantum Park and Village South. The rental apartment
component of this project is under construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and townhouse development in 2002.
The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road,
north of Gateway Boulevard and is currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within
Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DRI
(553.13 acres).
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be
able to take advantage of the additional 105 dwelling units would be either Quantum Park and
Village South or Quantum Park and Village North, since the office and retail components of
these projects has not begun construction. The subdivision master plan for either of these sites
would require a formal modification and review in front of the Board and City Commission to
incorporate the additional units while reducing other approved uses on the site. Based upon
discussions staff has had with Olen Development, they would intend to amend the plans for
Quantum Park and Village South to accommodate the additional dwelling units, while
redesigning the office and retail components.
5
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use
(MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that
height was not a characteristic of the DRI or Master Plan and that height limitations were
located within the Planned Industrial District (PID) regulations. Therefore, the height request will
not be addressed in the NOPC. The applicant has been instructed that, should a change be
proposed to the height limitation, a Code Review (CDRV) request, justification and review fee
must be submitted to amend the PID regulations.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and pUblic facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit
110".
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of request for Master Plan Modification to allow an increase in the maximum number of
dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105
dwelling units, subject to the Conditions of Approval attached in Exhibit "D".
S;\PLANNING\SHARED\WPIPROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMD\DRIA OS-001\STAFF REPORT #15.DOC
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EXHIBIT B
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EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC # 15
File number: DRIA 05-001lMPMD 05-006
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
Conunents: None X
FORESTERiENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chapter 380.06 (l9)(e) 5.a. and (l9)(e) S.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumntion may be rebutted by clear and convincing evidence
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Provide notice of concurrency (Traffic Performance Standards Review) from X
Palm Beach County Traffic Engineering.
3. Provide notice of school concurrency from Palm Beach County School X
Board for the additional 105 residential dwelling units being requested.
4. Amend the Substantial Deviation Determination Chart under "Attraction X
and Recreation" to reflect a "0" below the heading of "Proposed Change"
instead ofN/C for the 4,000 seat movie theater.
5. Height is not a characteristic of the DR! or the Master Plan. Height limitations X
are located within the Planned Industrial District (PID). Therefore, the
height request will not be addressed in the NOPC. If a change is proposed to
the height limitation, a Code Review (CDRV) request, justification and
review fee must be submitted to amend the PID regulations.
6. The applicant is asked to acknowledge that the City is currently in litigation X
regardinl! heights exceeding 45 feet
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park NOPC #15 (MPMD 05-006)
APPLICANT'S AGENT: Eugene Gerlica, Quantum Group of Companies
APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an
increase in the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" from 1 ,000 to
1,105 dwelling units.
LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton
(C-16) Canal
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\SHAREDlWP\PROJECTS\Quantum Park Amendment #15 + MPMDlDO.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.
Requested City Cormnission Date Final Form Must be Turned Requested City Conunission
Meeting: Dates in to City Clerk's Office Meetinll Dates
0 December 7, 2004 November 15.2004 (Noon.) ~ 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
0 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 (Noou-
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0 0 CT>
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0 Consent Agenda 0 )':.'!"
NATURE OF New Business ::z
AGENDA ITEM -
~ Public Hearing ~ Legal -
0 Bids 0 Unfinished Business U1
co
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda nuder
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on
January 25,2005, and recommends that the subject request be approved. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-024.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
High Ridge/New Urban Communities (ANEX 05-001)
Timothy Hernandez and Roger Decapito of New Urban Communities, Inc.
Paramount Investment Group
Northwest comer of High Ridge Road and Miner Road
Request to annex :t:18.438 acres ofland current designated MR-5 (5 du/ac) and LR-2 (2
du/ac) and zoned RS (Single Family Residential) (Palm Beach County).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
~/) {z k
Planning an 0;J; irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\High Ridge. New Urban Communities\ANEX 05-DOI\Agenda Item Request High Ridge.New Urban Comm(ANEX
05-00 I 2-1-05.dot
S,IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 18.44+1- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY TERRITORY; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND PROPER
11 ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 CODIFICATION AND AN EFFECTIVE DATE;
16 PROVIDING THAT THIS ORDINANCE SHALL BE
17 FILED WITH THE CLERK OF THE CIRCUIT
18 COURT OF PALM BEACH COUNTY, FLORIDA,
19 UPON ADOPTION.
20
21 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
22 development of an Annexation Program; and
23 WHEREAS, the owners, Paramount Investment Group and George Kechriotis
24 Y and through their agent, New Urban Communities, Timothy L. Hernandez and Roger
25 Decapito, of the property more particularly described hereinafter, has heretofore filed a
26 Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
27 of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting
28 of approximately 18.44 acres; and
29 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
3 0 following tract of land as hereinafter described, in accordance with Article I, Section 7
31 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes;
32 and
33
S:\CA\Ordinances\Planning\Annexations\Annexation - High Ridge New Urban.doc
21
1 WHEREAS, said tract of land lying and being within Palm Beach County is
2 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
3 annexation, constitute a reasonably compact addition to the City territory.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
That each and every Whereas clause is true and correct.
7
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
8 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
9 unincorporated and contiguous tract of land situated and lying and being in the County
10 of Palm Beach, Florida, to wit:
11 See Legal Description attached
12
13 CONTAINING APPROXIMA TEL Y 18.44 ACRES OF LAND
14
15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall
16 be and become part of the City with the same force and effect as though the same had
17 been originally incorporated in the territorial boundaries thereof.
18
Section3:
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
19 lorida, is hereby amended to reflect the annexation of said tract of land more particularly
20 escribed in Section 2 of this Ordinance.
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
22 oning designation and Land Use category is being determined as contemplated in Section
23 71.162(2), Florida Statutes.
24
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
25 epealed.
26 Section 6: Should any section or provision of this Ordinance or any portion thereof
S:\CA\Ordinances\planning\Annexations\Annexation - High Ridge New Urban.doc
I
I
1 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3
Section 7:
This Ordinance shall not be passed until the same has been advertised
4 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
5 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
6
Section 8.
This ordinance shall become effective immediately upon passage.
7
Section 9.
Specific authority is hereby given to codify this Ordinance.
8
Section 10.
This ordinance, after adoption, shall be filed with the Clerk of the
9 Circuit Court of Palm Beach County, Florida.
10
FIRST READING this .~ day of
,2005.
11
SECOND, FINAL READING and PASSAGE this day of
,2005.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29 City Clerk
30
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\ordinances\planning\Annexations\Annexation - High Ridge New Urban.doc
LAND DESCRIPTION
SOUTH II2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO
OFFlCIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL 1
THE SOUTH ONE-HALF (S \1,) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTII,
RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA.
LESS (LOPI)
TIlE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, LESS TIlE EAST 25.00 FEET THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTIlEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG TIlE
SOUTII LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING
25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH TIlE
EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTII 88030'45" WEST, ALONG TIlE SOUTII LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02053'24"
EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE L YlNG 60.00 FEET NORTH OF,
WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTII LINE OF SAID
SECTION 8; TIlENCE NORTH 88030'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02014'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13
FEET TO THE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN
GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTII, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR TIlE PURPOSE OF TIllS DESCRIPTION TIlE SOUTH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTH 89016'21" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89016'21"
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO TIlE
EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF
TIlE SOUTIlEAST ONE-QUARTER (SE Y.) OF SAID SECTION 8; TIlENCE NORTII 02059'35" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT TIlE
INTERSECTION WITH A LINE 60.00 FEET NORTII OF (AS MEASURED AT RIGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 02059'35" EAST ALONG SAID WEST RIGHT OF WAY
LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; TIlENCE SOUTIl46007'58" WEST
DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE
NORTH 89016'2]" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF ]7.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING ]51.3 SQUARE FEET, MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'30'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.]8 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTH 88030'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF I ]5.50 FEET TO
A POINT; THENCE NORTH 0]034'02" EAST, A DISTANCE OF ]259.39 FEET TO THE
SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST. ALONG THE SOUTH LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF (S 1,) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02053'24" WEST, ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF ] 260.96 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING: ]95,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 05-024
Chair and Members
Community Redevelopment Agency Board
Hanna Matras '* r\
Planner
Michael W. Rumpf
Director of Planning and Zoning
January 20, 2005
High Ridge/ANEX 05-001-LUAR 05-002
To annex the property; to amend the Future Land Use
Designation from Palm Beach County's MR-5 (Medium Density
Residential, maximum 5 dwelling units per acre (du/acre) and
LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density
Residential, 10.8 du/acre) and rezone from Palm Beach County's
Single Family Residential (RS) to Planned Unit Development
(PUD).
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Paramount Investment Group and George Kechriotis
New Urban Communities/Timothy L. Hernandez and Roger
Decapito
Northwest corner of High Ridge Road and Miner Road (Exhibit
"A")
:t18.44 acres
Palm Beach County's land use designations of MR-5 Medium
Density Residential with an underlying maximum residential
density of 5 dwelling units per acre (du/acre) and LR-2 Low
Density Residential with an underlying residential density of 2
dwelling units per acre (du/acre)
RS Single Family Residential (Palm Beach County)
High Density Residential (10.8 du/acre)
Planned Unit Development
48 single family homes and 126 townhomes
File Number: LUAR 05-002-ANEX 05-001
High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach county,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse) designated Industrial (I) and zoned
Ml Light Industrial; further south a townhome development
(Canterbury, currently under construction), with a density of
approximately 9.9 du/acre, designated Industrial (I) and
zoned Planned Industrial Development (PID); to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates, with single family homes and
town homes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the northwest, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LOR) and zoned
RiM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program and
relevant policies in the Comprehensive Plan.
2. Annexation of the said property will reduce a pocket of an unincorporated county area
surrounded on three sides by the City boundary.
3. Even though the requested land use amendment and rezoning is inconsistent with the
recommendation of the Land Use Problems and Opportunities section of the
Comprehensive Plan's Future Land Use Support Document, which advises Low Density
Residential land use designation for the subject parcel, It would not create significant
land conflicts. The review of the uses in the surrounding area shows reasonably
comparable densities. Moreover, the project design establishes an appropriate transition
from non-residential to residential uses and from the higher to the lower residential
densities.
2
File Number: LUAR 05-002-ANEX 05-001
High Ridge
4. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
5. The proposed development meets the standards for development within the PUD zoning
district.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S.
Following local board review and City Commission public hearing, a "large-scale" amendment is
transmitted to the Florida Department of Community Affairs for review for compliance with the
state, regional and local comprehensive plans prior to adoption. Following the review period of
approximately 60 days, DCA provides the City with a report of their findings in an "Objections,
Recommendations and Comments (ORC) Report". The City then has 60 days to either (1)
adopt the amendment as transmitted, (2) adopt the amendment with changes in response to
the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision.
According to Fiorida Statutes Chapter 163, large-scale amendments may only be adopted during
two amendment cycles each calendar year. This amendment request is a part of the 1" round
of amendments for the 2005 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in June 2005.
The proposed land use amendment is inconsistent with one of the recommendations included in
the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy.
Nevertheless, staff is required to review the petition against the following eight (8) criteria by
which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.:
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 Oivision 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 aforementioned recommendation is contained in Section VIII, Land Use Problems and
Opportunities, of the Future Land Use Support Document. Initially adopted into the
Comprehensive Plan with the intent of directing development and redevelopment activities in
nine (9) planning areas within the city, recommendations of Section VIII have at present
advisory character only.
The subject property is located in planning area 5B. The recommendation reads:
"The unplatted parcels on the west side of High Ridge Road, immediately north of the Miner
Road right-of-way should be annexed, however, prior to development (...) should be placed in
the Low Density Residential Land use category'~
3
File Number: LUAR 05-002-ANEX 05-001
High Ridge
This recommendation is also referenced in the High Ridge Road Corridor Study, published by
the Palm Beach County in 1997. The study has not been adopted and it is supposed to be
conveyed to the local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road.
The subject property is located in the southernmost vicinity of the study, Area 3, and is referred
to as Tract B. The proposed use is residential as recommended, but the applicant is requesting
High Density Residential land use. However, the proposed use should not create significant land
use conflicts given that (1) to the south and southeast, the adjoining properties have an
industrial land use designation; (2) there are townhomes to the east of the project, developed
at a density of 8.09 du/acre (townhome density only); (3) the RiM, single family zoning of the
property to the west of the project, carries a maximum density of 5.4 du/acre, which
corresponds to Moderate Density Residential land use designation, rather than the Low Density
Residential actually on the ground and; (4) the applicant proposes single family homes along
the west and north perimeter of the project, minimizing the land use conflict with either existing
(to the north) or future (to the west) single family homes. Such master plan layout establishes
the project as a transition from non-residential to residential uses and from the higher to the
lower residential densities west, north and northeast of the property. Finally, the density
proposed for the project is 9.44 du/acre, below the maximum of 10.8 du/acre allowed in the
High Density Residential land use.
A number of comprehensive plan policies of the Future Land Use Element and Housing Element
support the amendment. These include:
. Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as
Policy 1.13.4:
1.13.4: "The City shall further discourage urban sprawl; (A) Prevent the presence or frequency
of the primary indicators of urban sprawl through continuous promotion of compact
developments within the Citys urban service areas, while requiring the maximization of all
public services for each development in the most cost effective manner possible (..);
. Policies concerned with housing choices for the community, under Objective 1.19 of the
Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and
policy 6.1.1:
1.19.1: "The City shall continue efforts to encourage a full range of housing choices (..)"
6.1.1: The City shall provide information, technical assistance, and explore possible incentives
with the private sector to maintain a housing production capacity sufficient to meet the
community needs, Possible incentive could include (...) density increases";
. Policies promoting the principles of using the New Urbanism in development and
redevelopment, under Objective 1.22.
The proposed project is a compact, high density, new urban development as promoted by
policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to
4
File Number: LUAR 05-002-ANEX 05-001
High Ridge
meet a significant demand for single family product in the environment where the new home
market is dominated by townhomes (relatively few single family homes were build in the City in
recent years). It will also provide 126 townhomes, a product for which a strong demand
continues as demonstrated by sales in recently completed similar projects.
The subject property is not located in the hurricane evacuation zone, so the Future Land Use
Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does
not apply.
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 will not be contrary to the established land use pattern, will not create
an isoiated district, nor will it constitute a grant of special privilege to the owner. As argued in
item (a) above, the applicant proposes single family homes along the north and the west
perimeters of the property, where either developed single family homes or vacant single family
lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with
both townhomes and single family homes, the latter being specifically placed to transition unit
type and density to the single family homes north of the project in the unincorporated county.
Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the
9.44 du/acre for the proposed project). Another town home development, Canterbury, a recently
approved project with a density of 9.9 du/acre, is located about 1,350 feet (1/4 of a mile) south
from the subject property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There have been changes that make the proposed land use amendment and zoning desirable.
The population growth rates within the county and the city have been significantly higher than
expected over the past decade, fuelling a very strong demand for housing. Increasing the
density when it is feasible is one way to accommodate this demand. Land is becoming
increasingly scarce; few larger parcels of 2 or more acres for residential development exist in
the city. Consequently, land prices escalated; the need to assemble parcels has further
increased the development costs. As a result, a townhome has become a preferred residential
product, and it has been readily embraced by the market as part of an urban lifestyle. The
product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented
development increasingly promoted in South Florida and reflected in the city's Comprehensive
plan. The Tri-Rail station is located approximately V2 mile from the proposed development; a
bus stop is located nearby on High Ridge Road.
These changes have taken hold since the Comprehensive Plan was amended through 1998
EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000
residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in
(b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 du/acre,
is located about 1,350 feet south from the subject property.
The proposed use of the property will represent a transition from the multifamily, commercial
and industrial uses south and southeast of the property to low density residential to the west
s
File Number: LUAR 05-002-ANEX 05-001
High Ridge
and north. Moreover, the industrial and commercial development (either existing or recently
approved) in close proximity of the project will provide employment opportunities.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The applicant has provided a traffic analysis that indicates that if the property were redeveloped
with single family homes under the current county land use designation, it would generate 750
average daily trips as compared to 1,362 average daily trips generated by the proposed project
(a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum
density at the proposed land use designation were utilized, 1,393 average daily trips would be
generated, an increase of 643 trips over the existing land use potential. The review of the
existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the
number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the
capacity at the level of service "DU on the said link was 15,400. Therefore, a significant unused
capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis
shows volume-to capacity ratios for High Ridge Road (at the level of service "DU) in 2008 and
2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still
be operating at the better level of service "BU. At present, the Palm Beach 2030 Transportation
Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county
recommendation to widen the right-of-way to four lanes has been revised.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 78,648
gallons for water and 35,392 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. Required
infrastructure improvements will include a pump station for sewer; water access is adjacent to
the property.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
The School District of Palm Beach County has reviewed the application and has issued a
statement that the project complies with the adopted Level of Service (LOS) for school
concurrency. The concurrency determination is valid for one year from January 7, 2005, the
date of issuance.
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.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties. The projected unit pricing ranges from $300- to
$400 thousand for the townhomes and from $400- to $600 thousand for the single family
homes.
6
File Number: LUAR 05-002-ANEX 05-001
High Ridge
f. Whether the property is physically and economically developable under the existing
zoning.
With annexation into the City, the Palm Beach County land use designation and zoning must be
changed to the city land use designation and zoning district. Physically, the property could be
developed with single family homes under the city's Low- or Moderate Density Residential land
use designations and corresponding single family zoning districts. However, the current
economics of the market (chiefly very high land prices) could make it unfeasible for the
property to be developed at a significantly lower density.
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 is reasonably related to both (see above
section "e".
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are currently no vacant residential lots within the city to accommodate a project of the
proposed scale and density.
MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the PUD district will develop to
standards that exceed the City's basic development standards in terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to a PUD Planned Unit Development must be accompanied by a
detailed master plan.
The maximum density allowed by the High Density Residential land use classification is 10.8
du/acre; the applicant proposes a density of 9.44 du/acre. The master plan (Exhibit "B") shows
forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size
would be 1,900 square feet for the townhomes and 2,600 square feet for the single family
homes. The townhome buildings extend along the south and east perimeters of the property.
A drainage lake at the property's center incorporates a recreation area; the pool and cabana are
located on a small peninsula. The lake tract occupies approximately 2.45 acres.
The master plan shows three access points, all from High Ridge Road. This is contrary to the
recommendation of the High Ridge Corridor Study for primary access for the subject property to
be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is
only 458 feet) and the proximity of the Miner Road/High Ridge Road intersection, the feasibility
of this recommendation is questionable. The study also recommends that any secondary access
on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan
shows the suggested alignment for the primary access point.
The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the
development would be the first new urban community in Boynton Beach containing detached
single family homes.
7
File Number: LUAR 05-002-ANEX 05-001
High Ridge
The new urban design features include:
1. Smaller building setbacks
The proposed building setbacks are generally smaller that those in existing or approved PUDs
(see below). Such setbacks foster proximity between the public and private realms, thus
facilitating closer interactions among inhabitants and creation of a real community in a social
sense of this term.
Building setbacks are as follows:
For the single family homes:
Front:
Side
Rear
For town home structures:
Front:
Side
Rear
15 feet (as opposed to 20-25 feet in other PUDs)
5 feet (as opposed to 6-15 feet in other PUDs)
10 feet (as opposed to 15-25 feet in other PUDs)
10 feet (up to 20 in other PUDs)
5 feet (up to 10 in other PUDs)
5 feet (up to 10 in other PUDs)
2. Rear garages accessed from alleys
This feature contributes to a pedestrian-friendly environment which downplays the role of an
automobile.
3. Front porches and balconies
These features also facilitate creation of a more friendly community, offering opportunities for
people to get to know others in the neighborhood.
4. Spatially defined open spaces
Likewise, these facilitate community interactions. For example, the lake resides completely in
the public realm, with no private access for any of the residences.
5. A non-gated community
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of
the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use
Support Document, which advises Low Density Residential land use designation for the subject
parcel, it would not create significant land conflicts and is justified in part by current land
development trends and characteristics within the area and in Quantum Park. The requested
land use amendment and rezoning will allow the development of a project that will be a benefit
to the city, both fiscally and esthetically and a development that meets the standards expected
in the PUD zoning district. Therefore, staff recommends that the subject request be approved.
8
File Number: LUAR 05-002-ANEX 05-001
High Ridge
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included within Exhibit "C".
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communlties\LUAR OS-Q02\STAFF REPORT High Rldge.doc
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HIGH RIDGE
New Urban Communities
LUAR 05-002-ANEX 05-001
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLlC HEARING
ITEM B.
Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office
Requested City Connnission
Meetin2 Dates
Date Final Form Must be Turned
-in to City Clerk's Office
o Decembcr 7, 2004
D December 21, 2004
o January 4, 2005
o January 18, 2005
November 15, 2004 (Noon.)
I:8J February], 2005
o February 15, 2005
o March 1,2005
o M.,ch 15,2005
January 17, 2005 (Noon)
December 6, 2004 (Noon)
January 31,2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
I:8J Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
I:8J
o
o
February 14,2005 (Noon)'
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February 28, 2005 (NODi\!:
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January 3, 2005 (Noon)
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Legal
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Presentation
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board opposes the subject request for
High Density Residential land use, but alteruatively forwards a recommendation for Medium Density Residential land use
which allows a maximum density of 9.58 units/acre. The Board also recommends that the rezoning request be approved as
submitted. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
024.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
High Ridge/New Urban Conununities (LUAR 05-002)
Timothy Hernandez and Roger Decapito of New Urban Communities, Inc.
Paramount Investment Group
Northwest comer of High Ridge Road and Miner Road
Request to amend ~18.438 acres of land on the Comprehensive Plan Future Land
Use Map from Medium Density Residential (Paim Beach County) to High Density
Residential (HDR); and
Request to rezone from Single family residential (RS) (Palm Beach County) to
Planned Unit Development (PUD)
Proposed use: Single-family residential and townhouse community
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Developm D
Z,tJ -r k
Planning and Z~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 05-002\Agenda Item Request High Ridge.New Urban Connn(LUAR
05-0022-] -05.dot
S:IBULLE11N\FORMSIAGENDA IlEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY PARAMOUNT
8 INVESTMENT GROUP AND GEORGE
9 KECHRIOTIS, AND LOCATED ON THE
10 NORTHEWEST CORNER OF HIGH RIDGE
11 ROAD AND MINER ROAD; CHANGING THE
12 LAND USE DESIGNATION FROM MEDIUM
13 DENSITY RESIDENTIAL AND LOW DENSITY
14 RESIDENTIAL (PALM BEACH COUNTY) TO
15 HIGH DENSITY RESIDENTIAL (HDR);
16 PROVIDING FOR CONFLICTS, SEVERABILITY,
17 AND AN EFFECTIVE DATE.
18
19 WHEREAS, the City Commission oflhe City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursnant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
25 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
29 Plan and deems it in the best interest of the inhabitants of said City to amend the
30 aforesaid Element of the Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban. doc
1
Section I: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Northwest comer of High Ridge Road and Miner Road in Boynton Beach, Florida shall
7 be changed from Medium Density Residential and Low Density Residential (Palm
8 Beach County) and shall now be designated as High Density Residential (HDR):
9 See Legal Description attached
10
11
12 Subject to easements, restrictions, reservation and rights of way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 of the Future Land Use Plan shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by
25 virtue ofthe adoption of this Ordinance until all statutory required review is complete and
26 all legal challenges, including appeals, are exhausted. In the event that the effective date is
S;\CA\Ordinances\Planning\Land Use\High Ridge New Urban.doc
1 established by state law or special act, the provisions of state act shall controL
2
FIRST READING this _ day of
,2005.
3 SECOND, FINAL READING and PASSAGE this _ day of
4 2005.
5 CITY OF BOYNTON BEACH, FLORIDA
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20
21 ATTEST:
22
23
24 City Clerk
25
2 6 (Corporate Seal)
27
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\High Ridge New Urban. doc
LAND DESCRIPTION
SOUTH 112 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO
OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL 1
THE SOUTH ONE-HALF (S \1,) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTII,
RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORlDA.
LESS (LOPI)
THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORlDA, LESS THE EAST 25.00 FEET TIlEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORlDA; TIlENCE SOUTH 88030'45" WEST, ALONG TIlE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING
25.00 FEET WEST OF, WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITII THE
EAST LINE OF SAID SECTION 8 AND TIlE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88030'45" WEST, ALONG TIlE SOUTH LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; TIlENCE NORTH 02053'24"
EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF,
WHEN MEASURED AT RlGHT ANGLES, AND PARALLEL WITII TIlE SOUTH LINE OF SAID
SECTION 8; THENCE NORTH 88030'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN
MEASURED AT RlGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02014'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13
FEET TO THE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RlGHT OF WAY PURPOSES L YlNG IN
GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTII, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORlDA, MORE PARTICULARLY DESCRlBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRlPTION TIlE SOUTH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTII 89016'21" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTII 89016'21"
WEST, ALONG THE SOUTII LINE OF SAID SECTION 8. A DISTANCE OF 25.05 FEET TO TIlE
EXISTING WEST RlGHT OF WAY LINE OF HIGH RlDGE ROAD, BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RlGHT ANGLES TO) AND PARALLEL WITH TIlE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (SE Y.) OF SAID SECTION 8; THENCE NORTII 02059'35" EAST
ALONG SAID WEST RlGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE
INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RlGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTII 02059'35" EAST ALONG SAID WEST RlGHT OF WAY
LINE OF HIGH RlDGE ROAD, A DISTANCE OF 17.41 FEET; TIlENCE SOUTIl46007'58" WEST
DEPARTING FROM SAID WEST RlGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE
NORTH 890]6'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING 151.3 SQUARE FEET, MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTIlWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTH 88030'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; THENCE NORTH 01034'02" EAST, A DISTANCE OF 1259.39 FEET TO THE
SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST, ALONG THE SOUTH LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF (S y,) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02053'24" WEST, ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
1
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ORDINANCE NO. 05-
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF NEW
URBAN COMMUNITIES, TIMOTHY L. HERNANDEZ
AND ROGER DECAPITO, ON BEHALF OF
PARAMOUNT INVESTMENT GROUP AND GEORGE
KECHRIOTIS, TO REZONE A PARCEL OF LAND,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND ON THE NORTHWEST CORNER OF
HIGH RIDGE ROAD AND MINER ROAD FROM SINGLE
FAMILY RESIDENTIAL (RS) TO PLANNED UNIT
DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
18
19
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
22 WHEREAS, Paramount Investment Group and George Kechriotis, owner of the
23 property located on the Northwest comer of High Ridge Road and Miner Road in
24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a
25 Petition, through its agent, New Urban Communities, Timothy L. Hernandez and Roger
26 Decapito, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
27 of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being
28 more particularly described hereinafter, from Single Family Residential (RS) to Planned
29 Unit Development (POO); and
30 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning for the
S:\CA \Ordinances\Planning\Rezoning\Rezoning - High Ridge New Vrban.doc
1 property hereinafter described; and
2 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
3 Agency and City Commission has found that the proposed rezoning is consistent with an
4 amendment to the Land Use which was contemporaneously considered and approved at
5 the public hearing heretofore referenced; and
6 WHEREAS, the City Commission deems it in the best interests ofthe inhabitants
7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section I.
The foregoing Whereas clauses are true and correct and incorporated
11 herein by this reference.
12
Section 2.
The following described land, located on the Northwest comer of
13 High Ridge Road and Miner Road in the City of Boynton Beach, Florida, as set forth as
14 follows:
15 {See Legal Description attached}
16
17
18 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit
19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this
20 Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
S:\CA \Ordinances\Planning\Reioning\Rezoning - High Ridge New Urban.doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof be
2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5 FIRST READING this _ day of
,2005.
6
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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20
21
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 - High Ridge New Urban.doc
LAND DESCRIPTION
SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL I) and PARCEL 2, ACCORDING TO
OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH
RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL
BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST
PARCEL 1
THE SOUTH ONE-HALF (S 'h) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA.
LESS (LOPI)
THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, LESS TIIE EAST 25.00 FEET THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING
25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88030'45" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02053'24"
EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF,
WIlEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 8; THENCE NORTH 88030'45" EAST, ALONG THE SAID PARALLEL LINE, A
DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8;
THENCE SOUTH 02014'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13
FEET TO THE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS.
LESS (LOP2)
A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN
GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRIPTION THE SOlITH LINE OF SAID SECTION 8 IS
ASSUMED TO BEAR NORTH 89016'21" EAST AND ALL BEARINGS RECITED HEREIN ARE
RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST COR.."IER OF SAID SECTION 8; THENCE SOUTH 89016'21 "
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO THE
EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET
WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF
THE SOUTHEAST ONE-QUARTER (SE Y.) OF SAID SECTION 8; THENCE NORTH 02059'35" EAST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE
INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO)
AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF
BEGINNING; THENCE CONTINUE NORTH 02059'35" EAST ALONG SAID WEST RIGHT OF WAY
LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46007'58" WEST
DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE
NORTH 89016'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING 151.3 SQUARE FEET, MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88030'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02053'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTH 88030'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; THENCE NORTH 01034'02" EAST, A DISTANCE OF 1259.39 FEET TO THE
SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88038'08" EAST, ALONG THE SOUTH LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF (S \1,) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02053'24" WEST, ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
HIGH RIDGE
New Urban Communities
LUAR 05-002-ANEX 05-001
Exhibit A
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FROM:
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DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 05-024
Chair and Members
Community Redevelopment Agency Board
"r\
Hanna Matras "\'\
Planner
Michael W. Rumpf
Director of Planning and Zoning
January 20, 2005
High Ridge/ANEX 05-001-LUAR 05-002
To annex the property; to amend the Future Land Use
Designation from Palm Beach County's MR-5 (Medium Density
Residential, maximum 5 dwelling units per acre (dujacre) and
LR-2 (Low Density Residential, 2 du/acre) to HDR (High Density
Residential, 10.8 du/acre) and rezone from Palm Beach County's
Single Family Residential (RS) to Planned Unit Development
(PUD).
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Paramount Investment Group and George Kechriotis
New Urban Communities/Timothy L. Hernandez and Roger
Decapito
Northwest corner of High Ridge Road and Miner Road (Exhibit
"An)
:1:18.44 acres
Palm Beach County's land use designations of MR-5 Medium
Density Residential with an underlying maximum residential
density of 5 dwelling units per acre (dujacre) and LR-2 Low
Density Residential with an underlying residential density of 2
dwelling units per acre (du/acre)
RS Single Family Residential (Palm Beach County)
High Density Residential (10.8 du/acre)
Planned Unit Development
48 single family homes and 126 townhomes
File Number: WAR 05-002-ANEX 05-001
High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach county,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse) designated Industrial (I) and zoned
Ml Light Industrial; further south a townhome development
(Canterbury, currently under construction), with a density of
approximately 9.9 du/acre, designated Industrial (I) and
zoned Planned Industrial Development (PID); to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates, with single family homes and
townhomes (town homes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the northwest, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Pianned Industrial Development (PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
RiM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program and
relevant policies in the Comprehensive Plan.
2. Annexation of the said property will reduce a pocket of an unincorporated county area
surrounded on three sides by the City boundary.
3. Even though the requested land use amendment and rezoning is inconsistent with the
recommendation of the Land Use Problems and Opportunities section of the
Comprehensive Pian's Future Land Use Support Document, which advises Low Density
Residential land use designation for the subject parcel, it would not create significant
land conflicts. The review of the uses in the surrounding area shows reasonably
comparable densities. Moreover, the project design establishes an appropriate transition
from non-residential to residential uses and from the higher to the lower residential
densities.
2
File Number: LUAR 05-002-ANEX 05-001
High Ridge
4. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
5. The proposed development meets the standards for development within the PUD zoning
district.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
Following local board review and City Commission public hearing, a "large-scale" amendment is
transmitted to the Florida Department of Community Affairs for review for compliance with the
state, regional and local comprehensive plans prior to adoption. Following the review period of
approximately 60 days, DCA provides the City with a report of their findings in an "Objections,
Recommendations and Comments (ORC) Report". The City then has 60 days to either (1)
adopt the amendment as transmitted, (2) adopt the amendment with changes in response to
the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision.
According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during
two amendment cycles each calendar year. This amendment request is a part of the 1st round
of amendments for the 2005 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in June 2005.
The proposed land use amendment is inconsistent with one of the recommendations included in
the Comprehensive Plan. The recommendation is advisory and not a part of a plan policy.
Nevertheless, staff is required to review the petition against the following eight (8) criteria by
which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7.:
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 8each County Emergency Planning Oivision 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 aforementioned recommendation is contained in Section VIII, Land Use Problems and
Opportunities, of the Future Land Use Support Document. Initially adopted into the
Comprehensive Plan with the intent of directing development and redevelopment activities in
nine (9) planning areas within the city, recommendations of Section VIII have at present
advisory character only.
The subject property is located in planning area 5B. The recommendation reads:
"The unplatted parcels on the west side of High Ridge Road, immediately north of the Miner
Road right-of-way should be annexed, however, prior to development (...) should be placed in
the Low Density Residential Land use category'~
3
File Number: LUAR 05-002-ANEX 05-001
High Ridge
This recommendation is also referenced in the High Ridge Road Corridor Study, published by
the Palm Beach County in 1997. The study has not been adopted and it is supposed to be
conveyed to the local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road.
The subject property is located in the southernmost vicinity of the study, Area 3, and is referred
to as Tract B. The proposed use is residential as recommended, but the applicant is requesting
High Density Residential land use. However, the proposed use should not create significant land
use conflicts given that (1) to the south and southeast, the adjoining properties have an
industrial land use designation; (2) there are townhomes to the east of the project, developed
at a density of 8.09 du/acre (townhome density only); (3) the R1AA, single family zoning of the
property to the west of the project, carries a maximum density of 5.4 dujacre, which
corresponds to Moderate Density Residential land use designation, rather than the Low Density
Residential actually on the ground and; (4) the applicant proposes single family homes along
the west and north perimeter of the project, minimizing the land use conflict with either existing
(to the north) or future (to the west) single family homes. Such master plan layout establishes
the project as a transition from non-residential to residential uses and from the higher to the
lower residential densities west, north and northeast of the property. Finally, the density
proposed for the project is 9.44 du/acre, below the maximum of 10.8 dujacre allowed in the
High Density Residential land use.
A number of comprehensive plan policies of the Future Land Use Element and Housing Element
support the amendment. These include:
. Urban sprawl-discouraging policies under Objective 1.13 of the Land Use Element, such as
Policy 1.13.4:
1.13.4: "The City shall further discourage urban sprawl,' (A) Prevent the presence or frequency
of the primary indicators of urban sprawl through continuous promotion of compact
developments within the City's urban service areas, while requiring the maximization of all
public services for each development in the most cost effective manner possible (..);
. Policies concerned with housing choices for the community, under Objective 1.19 of the
Land Use Element and Objective 6.1 of the Housing Element, such as policy 1.19.1 and
policy 6.1.1:
1.19.1: "The City shall continue efforts to encourage a full range of housing choices (..)"
6.1.1: The City shall provide information, technical assistance, and explore possible incentives
with the private sector to maintain a housing production capacity sufficient to meet the
community needs. Possible incentive could include (...) density increases";
. Policies promoting the principles of using the New Urbanism in development and
redevelopment, under Objective 1.22.
The proposed project is a compact, high density, new urban development as promoted by
policy 1.13.4. and by policies under Objective 1.22. It would provide 48 single family homes to
4
File Number: LUAR 05-002-ANEX 05-001
High Ridge
meet a significant demand for single family product in the environment where the new home
market is dominated by townhomes (relativeiy few single family homes were build in the City in
recent years). It will also provide 126 townhomes, a product for which a strong demand
continues as demonstrated by sales in recently completed similar projects.
The subject property is not located in the hurricane evacuation zone, so the Future Land Use
Element Policy 1.12.1 pertaining to residential developments in hurricane evacuation zone does
not apply.
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 will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. As argued in
item (a) above, the applicant proposes single family homes along the north and the west
perimeters of the property, where either developed single family homes or vacant single family
lots abut the property. Similarly, Cedar Ridge Estates, east of the property, is developed with
both town homes and single family homes, the latter being specifically placed to transition unit
type and density to the single family homes north of the project in the unincorporated county.
Cedar Ridge townhomes are developed at the density of 8.09 du/acre (as compared with the
9.44 du/acre for the proposed project). Another townhome development, Canterbury, a recently
approved project with a density of 9.9 dujacre, is located about 1,350 feet (1/4 of a mile) south
from the subject property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There have been changes that make the proposed land use amendment and zoning desirable.
The population growth rates within the county and the city have been significantly higher than
expected over the past decade, fuelling a very strong demand for housing. Increasing the
density when it is feasible is one way to accommodate this demand. Land is becoming
increasingly scarce; few larger parcels of 2 or more acres for residential development exist in
the city. Consequently, land prices escalated; the need to assemble parcels has further
increased the development costs. As a result, a townhome has become a preferred residential
product, and it has been readily embraced by the market as part of an urban lifestyle. The
product is desirable in view of the scarcity of land and anti-sprawl and transit-oriented
development increasingly promoted in South Florida and reflected in the city's Comprehensive
plan. The Tri-Rail station is located approximately 112 mile from the proposed development; a
bus stop is located nearby on High Ridge Road.
These changes have taken hold since the Comprehensive Plan was amended through 1998
EAR. The transformation of Quantum from an Industrial Park into a mixed use area with 1000
residential units illustrates the trend. Some 426 of these units are townhomes; as indicated in
(b), Canterbury, a recently approved Quantum townhome project with a density of 9.9 du/acre,
is located about 1,350 feet south from the subject property.
The proposed use of the property will represent a transition from the multifamily, commercial
and industrial uses south and southeast of the property to low density residential to the west
s
File Number: LUAR 05-002-ANEX 05-001
High Ridge
and north. Moreover, the industrial and commercial development (either existing or recently
approved) in close proximity of the project will provide employment opportunities.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The applicant has provided a traffic analysis that indicates that if the property were redeveloped
with single family homes under the current county land use designation, it would generate 750
average daily trips as compared to 1,362 average daily trips generated by the proposed project
(a mix of single family detached-attached dwellings), or 612 more trips per day. If the maximum
density at the proposed land use designation were utilized, 1,393 average daily trips would be
generated, an increase of 643 trips over the existing land use potential. The review of the
existing traffic conditions on the directly impacted link, High Ridge Road, indicates that the
number of average daily trips in 2003 (with the peak season factored in) was 5,312, while the
capacity at the level of service "0" on the said link was 15,400. Therefore, a significant unused
capacity exists; in fact, the road is effectively operating at a level of service "B". The analysis
shows volume-to capacity ratios for High Ridge Road (at the level of service "0") in 2008 and
2025 at 0.47 and 0.54, respectively. The ratios indicate that, on the long run, the road would still
be operating at the better level of service "B". At present, the Palm Beach 2030 Transportation
Proposed Cost Feasible Plan shows High Ridge Road at two lanes; the previous county
recommendation to widen the right-of-way to four lanes has been revised.
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 78,648
gallons for water and 35,392 GPCD for sewer service. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project. Required
infrastructure improvements will include a pump station for sewer; water access is adjacent to
the property.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
The School District of Palm Beach County has reviewed the application and has issued a
statement that the project complies with the adopted Level of Service (LOS) for school
concurrency. The concurrency determination is valid for one year from January 7, 2005, the
date of issuance.
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 acfjacent and nearby properties, or would affect the property values of
acfjacent or nearby properties.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties. The projected unit pricing ranges from $300- to
$400 thousand for the townhomes and from $400- to $600 thousand for the single family
homes.
6
File Number: LUAR 05-002-ANEX 05-001
High Ridge
f. Whether the property is physically and economically developable under the existing
zoning.
With annexation into the City, the Palm Beach County land use designation and zoning must be
changed to the city land use designation and zoning district. Physically, the property could be
developed with single family homes under the city's Low- or Moderate Density Residential land
use designations and corresponding single family zoning districts. However, the current
economics of the market (chiefly very high land prices) could make it unfeasible for the
property to be developed at a significantly lower density.
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 is reasonably related to both (see above
section "ell,
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are currently no vacant residential lots within the city to accommodate a project of the
proposed scale and density.
MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the PUD district will develop to
standards that exceed the City's basic development standards in terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to a PUD Planned Unit Development must be accompanied by a
detailed master plan.
The maximum density allowed by the High Density Residential land use classification is 10.8
dujacre; the applicant proposes a density of 9.44 dujacre. The master plan (Exhibit "B") shows
forty-eight (48) single family lots and 126 townhomes in 19 structures. The average unit size
would be 1,900 square feet for the townhomes and 2,600 square feet for the single family
homes. The townhome buildings extend along the south and east perimeters of the property.
A drainage lake at the property's center incorporates a recreation area; the pool and cabana are
located on a small peninsula. The lake tract occupies approximately 2.45 acres.
The master plan shows three access points, all from High Ridge Road. This is contrary to the
recommendation of the High Ridge Corridor Study for primary access for the subject property to
be on Miner Road. However, given the property configuration (the lot frontage at Miner Road is
only 458 feet) and the proximity of the Miner RoadjHigh Ridge Road intersection, the feasibility
of this recommendation is questionable. The study also recommends that any secondary access
on High Ridge Road be aligned with the entrance to the Cedar Ridge PUD. The master plan
shows the suggested alignment for the primary access pOint.
The proposed master plan reflects the basic tenets of the New Urbanism; in fact, the
development would be the first new urban community in Boynton Beach containing detached
single family homes.
7
File Number: LUAR 05-002-ANEX 05-001
High Ridge
The new urban design features include:
1. Smaller building setbacks
The proposed building setbacks are generally smaller that those in existing or approved PUDs
(see below). Such setbacks foster proximity between the public and private realms, thus
facilitating closer interactions among inhabitants and creation of a real community in a social
sense of this term.
Building setbacks are as follows:
For the single family homes:
Front:
Side
Rear
For town home structures:
Front:
Side
Rear
15 feet (as opposed to 20-25 feet in other PUDs)
5 feet (as opposed to 6-15 feet in other PUDs)
10 feet (as opposed to 15-25 feet in other PUDs)
10 feet (up to 20 in other PUDs)
5 feet (up to 10 in other PUDs)
5 feet (up to 10 in other PUDs)
2. Rear garages accessed from alleys
This feature contributes to a pedestrian-friendly environment which down plays the role of an
automobile.
3. Front porches and balconies
These features also facilitate creation of a more friendly community, offering opportunities for
people to get to know others in the neighborhood.
4. Spatially defined open spaces
Likewise, these facilitate community interactions. For example, the lake resides completely in
the public realm, with no private access for any of the residences.
5. A non-gated community
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Even though it is inconsistent with the recommendation of
the Land Use Problems and Opportunities of the Comprehensive Plan's Future Land Use
Support Document, which advises Low Density Residential land use designation for the subject
parcel, it would not create significant land conflicts and is justified in part by current land
development trends and characteristics within the area and in Quantum Park. The requested
land use amendment and rezoning will allow the development of a project that will be a benefit
to the city, both fiscally and esthetically and a development that meets the standards expected
in the PUD zoning district. Therefore, staff recommends that the subject request be approved.
8
File Number: LUAR 05-002-ANEX 05-001
High Ridge
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included within Exhibit "Cu.
ATTACHMENTS
s:\PtannJng\SHARED\WP\PROJECT$\High Ridge- New Urban Communities\LUAR 05-002\STAFF REPORT High Ridge.doc
9
HIGH RIDGE
New Urban Communities
LUAR 05-002-ANEX 05-001
Exhibit A
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
VIII.-PUBLlC HEARING
ITEM C.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine Dates in to City Clerk's Office Meetine: Dates
0 December 7, 2004 November 15, 2004 (Noon.) ~ 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
0 January 18, 2005 January 3, 20D5 (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)
February 28, 2005 (Noon)
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0 Administrative 0 Development Plans :.:e:.
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-::1:
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation U1
0 0-'
City Manager's Report
RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on January
25,2005 and recommends that the subject request be denied, until a complete master plan can be submitted. For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-022.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Knollwood Groves (LUAR 05-001)
Chip Bryan, Julian Bryan & Associates, Inc.
Knollwood Groves, Inc.
8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road
Request to amend :t30.683 acres of land on the Comprehensive Plan Future Land Use Map
from Agriculture (A) to Low Density Residential (LDR); and
Request to rezone from Agricultural (AG) to Planned Unit Development (PUD).
Proposed use: Single-family residential community
~
Development epartm t irector City Manager's Signature
Pl:?::,fdd ~DC:c;;'r City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\LUAR 05-001\Agenda Item Request Knollwood Groves LUAR 05~OOI 2-1-05.dot
PROGRAM IMPACT:
FlSCAL IMPACT:
ALTERNATIVES:
S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY KNOLLWOOD
8 GROVES, INC., AND LOCATED ON THE
9 SOUTHWEST CORNER OF THE
10 INTERSECTION OF LAWRENCE ROAD AND
11 THE L WDD L-20 CANAL (APPROXIMATELY 1
12 MILE SOUTH OF HYPOLUXO ROAD);
13 CHANGING THE LAND USE DESIGNATION
14 FROM AGRICULTURE (A) TO LOW DENSITY
15 RESIDENTIAL (LDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN
17 EFFECTIVE DATE.
18
19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
25 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
29 Plan and deems it in the best interest of the inhabitants of said City to amend the
30 aforesaid Element of the Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S,\CA\Ordinances\planning\Land Use\Knollwood.doc
1
Section I: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Southwest comer of the intersection of Lawrence Road and the L WDD L-20 Canal
7 (Approximately I mile south ofHypoluxo Road) in Boynton Beach, Florida shall be
8 changed from Agriculture (A) and shall now be designated as Low Density Residential
9 (LDR):
laThe North one-half ofthe Northeast one-quarter ofthe northeast one-
11 quarter, and the northeast one-quarter of the Northwest one-quarter of
12 the northeast one-quarter of Section 13, Township 45 south, range 42
13 east, Palm Beach County, Florida.
14
15 Less and Except
16
17 The North 40.00 feet thereof and the East 40.00 feet of said north
18 one-half of the Northeast one-quarter of the northeast one-quarter.
19 Said lands situate in the city of Boynton Beach, Palm Beach County,
20 Florida, and contain 30.683 acres, more or less.
21
22
23 Subject to easements, restrictions, reservation and rights of way of record.
24
25
26 Section 3: That any maps adopted in accordance with the Future Land Use Element
27 of the Future Land Use Plan shall be amended accordingly.
28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
29 repealed.
30 Section 5: Should any section or provision of this Ordinance or any portion thereof
3 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
S:\CA\Ordinances\planning\Land Use\Knollwood.doc
1 the remainder ofthis Ordinance.
2 Section 6: This Ordinance shall take effect on adoption, subject to the review,
3 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
4 Planning and Land Development Regulation Act. No party shall be vested of any right by
5 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
6 all legal challenges, including appeals, are exhausted. In the event that the effective date is
7 established by state law or special act, the provisions of state act shall control.
8
FIRST READING this ~ day of
,2005.
9 SECOND, FINAL READING and PASSAGE this ~ day of
10 2005.
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30 City Clerk
31
32 (Corporate Seal)
33
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S,\CA\Ordinances\planning\Land use\Knollwood.doc
1
2
3
4
5
ORDINANCE NO. 05-
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF DRHI,
INC., JULIAN BRYAN & ASSOCIATES, INC., ON
BEHALF OF KNOLL WOOD GROVES, INC., TO REZONE
A PARCEL OF LAND, AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF
LAWRENCE ROAD AND THE LWDD L-20 CANAL
(APPROXIMATELY I MILE SOUTH OF HYPOLUXO
ROAD) FROM AGRICULTURAL (AG) TO PLANNED
UNIT DEVELOPMENT (PUD); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
19
20
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
22 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
23 City; and
24 WHEREAS, KnoIlwood Groves, Inc., owner of the property located on the
25 Southwest corner of the intersection of Lawrence Road and the LWDD L-20 Canal
26 (approximately I mile south of Hypoluxo Road) in Boynton Beach, Florida, as more
27 particularly described hereinafter, has heretofore filed a Petition, through its agent, DRHI,
28 Inc., and Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning,
29 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a
30 parcel of land, said land being more particularly described hereinafter, from Agricultural
31 (AG) to Planned Unit Development (PUD); and
32 WHEREAS, the City Commission conducted a public hearing and heard
S:\CA\Ordinances\Plannmg\Rezoning\Rezoning - KnoIlwood.doc
1 testimony and rcceived evidence which the Commission finds supports a rezoning for the
2 property hereinafter described; and
3 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
4 Agency and City Commission has found that the proposed rezoning is consistent with an
5 amendment to the Land Use which was contemporaneously considered and approved at
6 the public hearing heretofore referenced; and
7 WHEREAS, the City Commission deems it in the best interests ofthe inhabitants
8 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
10 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
11
Section I.
The foregoing Whereas clauses are true and correct and incorporated
12 herein by this reference.
13
Section 2.
The following described land, located on the Southwest corner of
14 the intersection of Lawrence Road and the LWDD L-20 Canal (approximately I mile
15 south ofHypoluxo Road) in the City of Boynton Beach, Florida, as set forth as follows:
16 The North one-half of the Northeast one-quarter of the northeast one-
17 quarter, and the northeast one-quarter of the Northwest one-quarter ofthe
18 northeast one-quarter of Section 13, Township 45 south, range 42 east,
19 Palm Beach County, Florida.
20
21 Less and Except
22
23 The North 40.00 feet thereof and the East 40.00 feet of said north one-
24 half of the Northeast one-quarter of the northeast one-quarter. Said lands
25 situate in the city of Boynton Beach, Palm Beach County, Florida, and
26 contain 30.683 acres, more or less.
27
28
29 be and the same is hereby rezoned from Agricultural (AG) to Planned Unit Development
S:\CA \Ordinances\Planning\Rezoning\Rczoning - Knollwoo<Ldoc
1 (PUD). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
2 reference.
3 Section 3.
4 accordingly.
5 Section 4.
6 repealed.
7 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision ofthis Ordinance or any portion thereof be
8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
11
FIRST READING this _ day of
,2005.
12
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning . Knollwood.doc
Exhibit A
Knollwood Groves PUD
LUAR 05-001
<<>
1,100
550
o
1.100 Feet
N
A
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8r. ZONING DMSION
MEMORANDUM NO. PZ 05-022
Chair and Members
Planning and Development Board and
Mayor an~;i~ C~mission
Dick Huds~P
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
January 12, 2005
Knollwood Groves PUD/LUAR 05-001
Amend the future land use designation from Agriculture (A) to
Low Density Residential and rezone from AG Agricultural to PUD
Planned Unit Development
Property Owner:
Applicant; Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Knollwood Groves, Inc.
DRHI, Inc,fJulian Bryan & Associates, Inc.
Southwest corner of the intersection of Lawrence Road and the
LWDD L-20 Canal (Approximately 1 mile south of Hypoluxo Road)
(Exhibit "A")
:t:30.683 acres
Agriculture (A)
AG Agricultural
Low Density Residential (LOR)
PUD Planned Unit Development
145 single-family homes
Right-of-way of the LWDD L-20 Canal then single family
residential development (Manor Forest) designated Low Density
Page 2
File Number: LUAR 05-001
Knollwood Groves PUD
Residential and zoned PUD Planned Unit Development
South:
To the southeast, developed single family residential (Nautica)
designated Low Density Residential and zoned PUD Planned Unit
Development. To the southwest, vacant land in unincorporated
Palm Beach County designated MR-5 Single Family Residential (5
du/ac) and zoned AR-Agricultural Residential
East:
Right-of-way of Lawrence Road then single family residential
development (Citrus Glen) designated Low Density Residential
and zoned PUD Planned Unit Development
West:
To the northwest, vacant land in unincorporated Palm Beach
County designated MR-5 Single Family Residential (5 du/ac) and
zoned AR-Agricultural Residential. To the southwest, single family
residential development (Sunset Cay) also located in
unincorporated Palm Beach County, designated RTU Residential
Transitional Urban district.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment is consistent with the City's adopted Comprehensive
Plan, including the requirements for concurrency;
2. The requested land use and zoning are consistent with surrounding development;
however,
3. While the proposed Master Plan meets the minimum requirements of the code, there are
several issues that must be worked out with the County; therefore,
4. Staff would require that a final Master Plan, to be approved prior to final adoption of the
rezoning, will address the issues of right-of-way width for the continuation of Miner
Road and the provision of access and utility connections for an adjacent isolated parcel
to the southwest, lying in the unincorporated area.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total :t:30.683 acres. Because
of the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
Page 3
File Number: LUAR 05-001
Knollwood Groves PUD
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This request is part of cycle 1 for calendar year 2005.
Master Plan Reauirements
The regulations for the Planned Unit Development zoning district require that a master plan,
including multi-year phases be submitted and reviewed for approval at the time of rezoning to
PUD.
The Master Plan accompanying the application is preliminary only. There are several issues to
be resolved before a final Master Plan can be approved, which will occur prior to final adoption
of the land use amendment and rezoning. The primary issues involve with Palm Beach County's
requirement for right-of-way dedication for the continuation of Miner Road westward to Military
Trail. Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range
Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary
of the property, while the Master Plan shows a dedication of only 80 feet. The requested
dedication would not align with the improved portion of the roadway. Both the proposed right-
of-way width and alignment are under discussion with the County. These issues must be
settled prior to submittal of the revised Master Plan.
Currently, the Master Plan shows one entrance off Miner Road. A 25-foot wide landscape buffer
separates the residential lots from Minor Road and 10-foot landscape buffer easements are
provided on the other three sides of the development. A lake/water management tract of 5.37
acres is located along Lawrence Road, and a 0.69-acre recreation area is centered on the
entrance and double loop roads, which are shown with 40-foot right-of-way widths that provide
circulation through the development. Individual lots are not shown but are noted as having a
typical size of 45 feet by 107 feet. The preliminary master plan included with the application,
meets only the minimum criteria for submittal, and will be revised and reviewed again prior to
adoption for details such as setbacks, preliminary drainage plans and specific consistency with
adjacent planned developments.
Staff has identified a potentially landlocked parcel in the unincorporated area abutting the
subject property to the southwest. The County is requesting that the proposed development
provide a 50-foot access easement and utility connections to the landlocked parcel. These
provisions should be a condition of zoning approval.
Review Based on 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
Page 4
File Number: LUAR 05-001
Knollwood Groves PUD
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:
"Policy 1.17.5
The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions to
higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20
Redevelopment Master Plan.
Policy 1.19.1
The City 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"
The subject property is located outside the area of the City covered by the Bovnton Beach
20/20 Redevelooment Master Plan; however, the proposed development is similar in density
and type of development to the developments surrounding it. Therefore it is consistent with
the directions of Policy 1.17.5. The provision of single family homes, as proposed on this site,
offsets the recent trend in the City to develop multi-family projects and townhouses, thereby
increasing the range of housing choices available to the market, and providing consistency with
Policy 1.19.1.
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
developments surrounding the site.
c. Whether changed or changing conditions make the proposed rezoning desirable.
It is unfortunate that this is the last agricultural parcel left in the City and has been viewed as
somewhat of an institution; however, the costs of agricultural production and the fluctuating
market conditions, have taken their toll on small grove operations throughout the state. The
proposed land use amendment and rezoning are the minimum changes to the property, and are
consistent with surrounding land uses and zonings, both in the City and the adjacent
unincorporated area.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Page 5
File Number: LUAR 05-001
Knollwood Groves PUD
Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per
day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 72,600
gallons for water and 32,670 GPCD for sewer service based on an average of 2.5 persons-per-
household and 145 houses in the development. The City's utility plants currently have
unreserved capacity to serve the projected demands of the proposed project.
Traffic analysis prepared by the applicant's consultants, shows that the proposed land use
designation is consistent with the Transportation Element of the Palm Beach County
Comprehensive Plan. The County Engineer has stated that the Traffic Division has no objections
to the proposed change in land use.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. The School District of Palm Beach County has reviewed the application and has
determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The compatibility of the requested land use designation and rezoning has been discussed
above. With the requested land use amendment, the property becomes more compatible with
adjacent properties but would probably have a value-neutral effect on adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently in use as an agribusiness and has been for many years. It could
continue as such, and the site could also be developed with one accessory residence. The
pressures currently affecting agribusiness are briefly discussed above; therefore, it may not be
economically feasible for the property to continue under this use.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The size of the subject parcel will afford a development similar in nature to surrounding
residential development and will contribute to the range of housing opportunities available in
the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
This is one of the last parcels of such size left in the city that could be developed for single
family detached residences. Only one other parcel of similar size, the property surrounding the
High Ridge Country Club, is designated for low density residential development.
Page 6
Rle Number: LUAR 05-001
Knollwood Groves PUD
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that cannot be accommodated by the City at
present; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. While the proposed Master Plan meets the minimum requirements of
the code, there are several issues that must be resolved with the County; therefore, staff would
require that a final Master Plan, to be approved prior to final adoption of the rezoning, must
address the issues of right-of-way width for the continuation of Miner Road and the provision of
access and utility connections for the parcel to the southwest, lying in the unincorporated area.
If the Planning and Development Board or the City Commission recommends conditions, they
will be included within Exhibit "BU.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECT"S\Knollwood Groves PUD\LUAR OS-001\STAFF REPORT KnoIlwood PUD.doc
Exhibit A
Knollwood Groves PUD
LUAR 05-001
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
Requested City Commission
Meetine Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
Requested City Commission
Meetinll Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 7. 2004
0 December 21, 2004
0 January 4, 2005
0 January 18,2005
November 15.2004 (Noon.)
12] February 1, 2005
o February 15, 2005
o Ma;ch 1, 2005
o March 15,2005
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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RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Public Hearing. The Planning and Development Board reviewed the request on January 25, 2005 and recommends that it be
approved, subject to all staff comments. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-005.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Dr. Go Daycare Center (COUS 05-001)
Dave Beasley
Dr. Ka Hock Dy Go
Southeast corner of West Boynton Beach Boulevard and Knuth Road
Request Conditional Use/major Site Plan Modification approval to allow conversion of
7,098 square feet of an existing 13,170 square foot office building for daycare use on a
2.037-acre parcel in a C-I zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: kM ,,~/A /
Developm~pa~r
~/J --r ~_
Planning and zo-;;/!ig Director City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\Dr. Ka Hock Dy Go Office\COUS 05-001\Agenda Item Request Dr. Go Daycare CenterCOUS 05-001 2-1-05.dot
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City Manager's Signature
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S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-005
FROM:
Chair and Members
Planning & Development Board
Michael Rum1~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
PROJECT:
January 7, 2005
Dr. Go Daycare Center / COUS 05-001
DATE:
Conditional Use/Major Site Plan Modification approval to allow conversion
of 7,098 square feet of an existing 13,170 square foot office building for
daycare use
REQUEST:
PROJECT DESCRIPTION
property Owner: Dr. Ka Hock Dy Go
Applicant: Michael R. Presley, Esq.
Agent: David Beasley
Location: 3452 West Boynton Beach Boulevard / SE corner of Knuth Road and
Boynton Beach Boulevard (see attached map)
Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Conversion of 7,098 square feet of an existing 13,170 square foot
professional office building to daycare use
Acreage:
2.037 acres
Adjacent Uses:
North:
Boynton Beach Boulevard right-of-way, farther north Greentree Plaza II
retail center, zoned C-3;
South:
200 Knuth Road Professional Office Building, zoned C-1;
East:
Stonehaven residential development, zoned PUD; and
Dr. Go Daycare - CO US 05-001
Page 2
Memorandum No. PZ 05-005
West:
Knuth Road right-of-way, farther west BP Gasoline Station/Convenience
Store, zoned M-1.
BACKGROUND
David Beasley, agent for Dr. Ka Hock Dy Go, is seeking conditional use/major site plan modification
approval for the conversion of 7,098 square feet of an existing 13,170 square foot professional
office building to daycare use. The subject property is located at the southeast corner of Knuth Road
and Boynton Beach Boulevard. Dr. Go has been in practice from this site since 2001. The doctor's office
has become aware of the need for daycare among its patients and has decided to convert some of the
existing office space in the building to accommodate this need.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The subject property currently has one (1) point of ingress and one (1) point of egress, both located
off of Knuth Road (see Sheet A-1). This proposed conversion in uses would not involve changes in
the number of ingress/egress points or significant changes in volumes of pedestrian and automobile
traffic on the site. Staff has requested that the egress driveway be widened from 12 feet, to a
minimum width of 15 feet and the rounding off the Type 'V" curb to eliminate the notch on the
southeast side of the driveway, in an effort to improve exiting movements from the site (see Exhibit
"Cn - Conditions of Approval). The applicant has proposed additional improvements to the parking lot
to better facilitate the child drop-offjpick-up. These improvements include removal of excess parking
spaces in the vicinity of the entrance to the daycare portion of the building, pavement markings to
clearly delineate the drop-off area and the installation of a raised curb landscape island to separate
other parking movements from this area. As proposed, on-site traffic circulation would meet the
requirements for general motorists, emergency access and waste removal operations.
Dr. Go Daycare - CO US 05-001
Page 3
Memorandum No. PZ 05-005
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Parking for daycare uses is calculated at one (1) parking space per 300 square foot of gross floor
area. This is the same formula used for determining appropriate parking for office use. Therefore,
the conversion of building space from office to daycare use has no effect on the required number of
parking spaces. Required parking is calculated to be forty-four (44) spaces total, based on the square
footage of the building. The site plan would exceed this requirement by 58 parking spaces, with the
provision of 102 spaces, including three (3) designated as handicapped-accessible. The proposed
project would not increase the intensity of parking or promote additional glare, noise or odors.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
A new dumpster enclosure is being provided to replace the existing, complete with additional
landscaping. The location of the dumpster at the termination of the entry drive, allows for ease of
solid waste removal. Trash would be removed on a standard schedule and solid waste is not
anticipated to increase significantly as a result of this application.
4. Utilities, with reference to locations, availability, and compatibility.
The City Of Boynton Beach Utility Department currently serves the site, and utilities would continue
to be available and provided, consistent with Comprehensive Plan policies and city regulations. No
additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The site is landscaped with mature shade trees, mostly Mahogany. However, a number of both
internal and perimeter trees and other plant material was damagedj/ost during the hurricanes of the
past year. A requirement of approval will be that a new landscape plan be submitted at time of
permitting that brings the site into conformance with today's code (see Exhibit "c" - Conditions of
Approval). The applicant states, in his responses to the standards for evaluating conditional uses,
that the ''Landscaping will be upgraded and replenished to current codes'~
Additionally, there is a six (6) foot high wooden fence along the east property boundary, abutting the
single-family residential development (Stonehaven). The proposed outdoor play area has been
designed within the former courtyard area of the horseshoe shape office building, which provides
noise buffering to the east (residential), north (commercial), and west (commercial) with the walls of
the building. The only open end of the outdoor play area is facing south, towards the office building
at 200 Knuth Road.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
Dr. Go Daycare - COUS 05-001
Page 4
Memorandum No. PZ 05-005
No additional signs are proposed at this time. All site lighting is existing, and the applicant indicates,
in his responses to the standards for evaluating conditional uses that, .. Parking lot lighting will be
shielded to protect from glare on the residential project to the east':
7. Required setbacks and other open spaces.
The existing building exceeds the setback requirements of the C-l zoning district. District setbacks
are: front (north) required 30' - provided 108; rear (south) required 20' - provided 136; side (west)
required 10' - provided 24; and side abutting residential (east) required 30' - provided 76:
8. General compatibility with adjacent property and other property in the zoning district.
The daycare use is generally compatible with the office use within the remainder of the building and
with the surrounding commercial and office uses on adjacent properties. With the building's large
side setback against the neighborhood to the east (76 feet), and the building being located between
the outdoor play area and the residential area to the east, any perceived negative impacts should be
minimal.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The existing height of the one-story building would not change with this application, and is
compatible with the structures on the adjacent commercial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby properties, and the city as
a whole, will be negligible.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the city.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request for conditional use / major
Dr. Go Daycare - COUS 05-001
Page 5
Memorandum No. PZ 05-005
site plan modification be approved subject to satisfying all comments contained in Exhibit "C" -
Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a
time limit is to be set within which the proposed project is to be developed. Staff recommends that a
period of one (1) year be allowed to obtain a building permit for this project.
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EXHIBIT "e"
Conditions of Approval
Project name: Dr. Go's Daycare
File number: COUS 05-002
Reference: 2nd review plans identified as a Conditional Use with a December 14,2004 Planning & Zoning date
k
stamp mar imr.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Provide a traffic analysis and notice of concurrency (Traffic X
Performance Standards Review) from Palm Beach County Traffic
Engineering.
2. On the Site and Civil plans, show and identify a11 necessary traffic control X
devices such as stop bars, stop signs, double ye110w lane separators striping,
directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the
"Loading Area" (where applicable - LDR, Chapter 2, Section 11.1); include
a pavement message in ye110w indicating "No Parking - Loading Zone".
See City Standard Drawings "K" Series for striping details. Indicate by note
re-striping.
3. Widen egress driveway to a minimum width of 15 feet and round off the X
Type "D" curb to eliminate the notch on the southeast side of the driveway,
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Add a general note to the Site Plan that a11 plans submitted for specific X
permits sha11 meet the City's Code requirements at time of application.
These permits include, but are not limited to, the fo11owing: paving,
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
drainage, curbing, site lighting, landscaping and irrigation. Permits
required from other permitting agencies such as Florida Department of
Transportation (FDOT), South Florida Water Management District
(SFWMD), Lake Worth Drainage District (LWDD), Florida Department
of Environmental Protection (FDEP), Palm Beach County Health
Department (PBCHD), Palm Beach County Engineering Department
(PBCED), Palm Beach County Department of Environmental Resource
Management (PBCDERM) and any others, shall be included with the
permit request.
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. Please note that changes or revisions to these plans may generate X
additional comments. Acceptance of these plans during the TRC
process does not ensure that additional comments may not be generated
by the Commission and at permit review.
7. Show site lighting on the Site plan (LDR, Chapter 4, Section 7.B.4.) X
The lighting design shall provide a minimum average light level of one
foot -candle.
8. All engineering construction details shall be in accordance with the X
applicable City of Boynton Beach Standard Drawings and the
"Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the commission
and at permit review.
10. Indicate within the site data the type of construction of the building as X
defined in 2001 FBC, Chapter 6.
II. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
12. Add a labeled symbol to the site plan drawing that identifies the location of X
the handicap accessible parking spaces. The quantity of the spaces shall be
consistent with the regulations specified in the 200 I FBC. The accessible
parking spaces that serve a use shall be located on the shortest safety
accessible route of travel from adjacent parking to an accessible entrance.
The 200 I FBC states that buildings with multiple accessible entrances shall
I DEPARTMENTS I INCLUDE I REJECT I
have accessible parking spaces dispersed and located closest to the
accessible entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and 4.6.
13. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible parking spaces and the accessible entrance doors to the building.
The installed symbol, required along the path, shall start at the accessible
parking spaces and terminate at the accessible entrance doors to the
building. The symbol shall represent the location of the path of travel, not
the location of the detectable warning or other pavement markings. The
location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an
accessible route shall be 36 inches, except at curb rarnps that are part of a
required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route
and the route is designed in compliance with 200 I FBC, Section 11-4.3
(Accessible Route) and 11-4.6 (parking and Passenger Loading Zones).
Please note that at time of permit review, the applicant shall provide detailed
documentation on the plans that will verify that the accessible route is in
compliance with the regulations specified m the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
14. Add to the drawing the calculations that were used to identify the minimum X
number of required handicap accessible parking spaces. Also, state the
code section that is applicable to the computations.
15. Indicate on the floor plan drawing within the footprint of the building the X
primary use of the building. If the building is an expansion of an existing
building, indicate with the footprint of the new and existing building the
primary use of the building.
16. 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.
17. The number of handicap accessible parking spaces shall comply with the X
2001 FBC, section 11-4.1.2(5)(a).
18. Sheet A-2 - The doors to the accessible toilet rooms shall not swing into the X
clear floor space of fixtures per the 2001 FBC, Section 11-4.22.2(1).
19. Indicate on the plan the number of occupants based on 2001 FBC, Table X
1003.
20. A smoke detection system is required per the 2001 FBC, Section X
418.7.2.
PARKS AND RECREATION
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
21. The comment under "General Notes" pertaining to the existing site X
landscaping is not all existing. There are many site trees and additional
landscaping that have been damaged or destroyed by the two past hurricane
events. A new landscape plan should be submitted in conjunction with the
site plan.
PLANNING AND ZONING
Comments:
22. Number each parking space on the site plan. X
23. Provide an affidavit regarding the applicant's responsibility for public X
noticing, consistent with Ordinance No. 04-007.
24. The facilities shall comply with Health Department and all other Regulatory X
Agency requirements.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Dr. Ka Hock Dy Go Office\COUS 05-OO1\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Dr. Ka Hock Go Daycare
APPLICANT'S AGENT: David Beasley
APPLICANT'S ADDRESS: 3570 Kitely Avenue, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 1, 2005
TYPE OF RELIEF SOUGHT: Request for Conditional Use/New Site Plan approval for the conversion
of 7,098 square feet of an existing 13,170 square foot professional office
building to daycare use
LOCATION OF PROPERTY: 3452 West Boynton Beach Boulevard / SE corner of Knuth Road and
Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHARED\WPIPROJECTSIDr. Go DaycarelCOUS 05-0011DO forP&D.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORnI.
VIII.-PUBLIC HEARING
ITEM E.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin!! Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office
0 December 7, 2004 November 15,2004 (Noon.) ~ 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)
0 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 0 Development Plans ,- -<C:J
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0 Consent Agenda 0 New Business 2-=: ".co
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::r:
RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Public Hearing. The Planning and Development Board reviewed the request on January 25, 2005 and recommends that it be
approved, subject to all staff comments. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-004.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Grove Plaza Parcel C (COUS 05-002)
Lution Hill
Grove Plaza C, LLC
3940 Hypoluxo Road
Request conditional use/new site plan approval for a 6,832 square foot minor automotive
repair facility on a O.823-acre parcel, in a C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~Ulv~
partrnent ector City Manager's Signature
?f.v~ an~ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS OS.002\Agenda Item Request Grove Plaza Parcel C COUS 05-002 2.l~
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S,IBULLEflN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-004
TO:
Chair and Members
Planning & Development Board
Michael Rum~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
January 6, 2005
PROJECT:
Grove Plaza Parcel "C" / COUS 05-002
REQUEST:
Conditional Use / New Site Plan approval for a 6,832 square foot minor
automotive repair facility
PROJECT DESCRIPTION
Property Owner: Grove Plaza C, LLC
Applicant: Mr. Jason S. Mankoff, Weiner & Aronson, P.A.
Agent: Mr. Lution Hill
Location: 3940 Hypoluxo Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
6,832 square foot minor automotive repair facility
Acreage:
0.823-acres
Adjacent Uses:
North:
Right-of-way for Hypoluxo Road, then farther north is Santaluces High
School with an Institutional (I) land use designation (unincorporated Palm
Beach County) and zoned Public Ownership (PO);
South :
Drainage Utility & Ingress / Egress Easement for Grove Plaza, then farther
south is developed residential with a Medium Density Residential (MR-5)
land use designation (unincorporated Palm Beach County) and zoned
Agricultural Residential (AR);
Grove Plaza Parcel "C" - COUS 05-002
Page 2
Memorandum No. PZ 05-004
East:
Ingress/Egress drive for Grove Plaza, and farther east Parcel "D" of Grove
Plaza approved for the construction of an 11,972 square foot retail building
with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3); and
West:
Parcel "B" of Grove Plaza designated for a 3,800 square foot retail building
with a Local Retail Commercial (LRC) land use designation, zoned
Community Commercial (C-3).
BACKGROUND
Mr. Lution Hill, agent, is seeking conditional use / new site plan approval for a 6,832 square foot minor
automobile repair facility on Parcel "C" of Grove Plaza. According to Palm Beach County Traffic
Engineering in a letter dated November 15, 2004, the proposed project meets the Traffic Performance
Standards of Palm Beach County. However, no building permits may be issued after the build-out date
(2006). Automotive repair is a conditional use in the C-3 zoning district, in order to provide staff a closer
look at the site design, operational characteristics and potential impacts on surrounding properties. Minor
automobile repairs, as defined in city code, are limited to engine tune-ups, carburetor repairs, wheel
balancing and replacement and/or repair of external engine parts. If approved, the construction of the
building and related site improvements would occur in one (1) phase.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
According to the site plan, there are three (3) proposed points of ingress/egress to Parcel "C'; none
of which are directly on Hypoluxo Road The first point of ingress/egress is located on one of the
north/south circulation roads within Grove Plaza, at the northeast comer of the property. The second
and third access pOints are at the rear (south) end of the parcel, off of the east/west intemal
circulation road. A future connection is indicated on the site plan at the northwest comer of the
property, to provide cross-access between this parcel and Parcel ''8'; when developed. All of these
Grove Plaza Parcel "C" - COUS 05-002
Page 3
Memorandum No. PZ 05-004
driveway widths appear to meet code requirements. These access points adequately address the
needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment
and circulation is designed completely around the proposed building. With no direct driveway
connection being made to Hypoluxo Road, this development should have minimal negative impacts
on this County roadway.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Automotive repair facilities require one (1) parking space per 250 square feet of gross floor area.
Based on the proposed 6,832 square foot building, the project would require 28 parking spaces. The
proposed site plan (Sheet AlDO) shows the provision of 33 parking spaces, plus a loading space. Two
(2) of the spaces are designated for handicap use, located closest to the buildings front entrance.
The loading space is located at the rear (south) of the building, approximately 70 feet from the south
property line of the Grove Plaza development, with a 20-foot landscape buffer and masonry wall at
the south perimeter.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (Sheet AI00) shows that the dumpster location is in accordance with previous site
plans approved on other parcels within Grove Plaza and is situated a minimum of 50 feet from the
south property line of the Grove Plaza development The dumpster would be screened with enclosure
walls and landscape, in accordance with Chapter 9, Section 10.C.3 of the Land Development
Regulations. The dumpster location is positioned in such a way as to facilitate the efficient removal of
trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed pervious area of the parcel equals 7,461 square feet or 19% of the total site. The
landscape plan (Sheet Ll) indicates that approximately 60% of the trees, 76% of the shrubs and
76% of the groundcover would be native.
Consistent with the Grove Plaza Master Plan, the width of the north (front) landscape buffer along
Hypoluxo Road would be 15 feet in width, bermed, and contain Live Oak and Clusia trees and a row
of Redtip Cocoplum hedges. Additionally the north buffer would include Bougainvillea trees, fire bush
and purple lantana. The installation and creation of the berm along the north buffer would be
overseen by the City Forester / Environmentalist. The west (side) landscape buffer would typically be
4.5 feet in width, with certain areas expanded to 14.5 feet, and containing Pigeon Plum and Silver
Buttonwood trees, Montgomery palms and a row of Redtip Coco plum hedges. The width of the south
(rear) landscape buffer would be between 18 and 25 feet in width and would contain Live Oak trees,
a Foxtail palm and Redtip Cocoplum hedges. The south buffer is penetrated by two (2) points of
ingress/egress, which lessens the buffer. However there remains the 2D-foot landscape buffer along
Grove Plaza Parcel "CO - COUS 05-002
Page 4
Memorandum No. PZ 05-004
the south boundary (rear) of the master plan, which also contains a masonry wall for buffering
purposes. Finally, the width of the east (side) landscape buffer would be 7 feet wide, with certain
areas expanded to 26 feet, and would contain Pigeon Plum and Gumbo Limbo trees, Montgomery
palms and Redtip Coco plum hedges. The plant material chosen for this site is consistent with that
selected and approved on the other parcels within the master plan.
Staff recommends that the applicant consider replacing the Montgomery palms along the east and
west landscape buffers with green and silver buttonwood trees to provide an even denser screening
of the garage bays (see Exhibit "cn - Conditions of Approval).
The developer has designed the building so that the garage bays are oriented in an east/west
direction, in order that the internal operations of the business are somewhat screened from motorists
driving on Hypoluxo Road. Also, to further assist with the screening of the garage bays, the
developer has proposed, along the north side of the building, decorative arches over the drive aisles,
including massive columns with decorative landscaping material, such as Christmas palms along with
a variety of shrubs (see Sheets A21a, AJOO & L1).
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The proposed monument sign is in accordance with the Grove Plaza Design Guidelines for height (8.5
feet maximum) and design characteristics and will be painted to match the building colors (colors on
the approved list within the Design Guidelines). The wall signage is within code allowances and is
black and white, so as not to contrast with the building colors. The lighting levels are adequate and
should not create a disturbance to the surrounding commercial activities or neighboring residential
properties.
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C- 3 zoning district and conforms
to the Grove Plaza Master Plan.
8. General compatibility with adjacent property and other property in the zoning district.
In general, the proposed use is compatible with the commercial uses within Grove Plaza (AutoZone
Auto Parts, Motor City CafWash and the 7-11 Convenience Store/Gasoline Station and the C-3 zoning
district. There would be minimal on-site impact and no adverse effects should occur from the
proposed use. With approximately 85 feet from the rear of the building to the nearest residential
property, the 20 foot landscape buffer and masonry wall at the perimeter of the Grove Plaza
development and the fact that the garage bays do not face any residential property, staff believes
the project to be generally compatible.
The project was reviewed in part, according to the standards as identified in the Grove Plaza Design
Guidelines (1998). The proposed design is compatible with the surrounding built environment and
would generally enhance the overall appearance of the commercial plaza. The general design of the
building (Spanish Mission) utilizes many of the same type of building elements as the Motor City
CafWash (parapet details and decorative moldings). The principle building and trim colors (earth
tones) are consistent with the colors of the Grove Plaza Design Guidelines (1998). The main body
Grove Plaza Parcel "CO - COUS 05-002
Page 5
Memorandum No. PZ 05-004
portion of the exterior wall area would be painted a cream color (Sherwin Williams - Devon Cream
#2447). The entry detail wall area would be painted a tan color (Sherwin Williams - Terrain Tan
#2177). The accent moldings and pre-finished cornice proposed at top of the parapet walls would
be brown (Sherwin Williams - Briar Patch #2182). The storefront moldings are proposed to be a
rustic red (Sherwin Williams - Red Barn #2307). These colors would be compatible with the Motor
City Carwash and Auto Zone colors on adjacent lots (tan medium brown and cream).
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-3 zoning district is 45 feet. The building was
designed as a one (i)-story structure, approximately 21 feet in height to the top of the highest
parapet. The building would not exceed the district's maximum height limitations and would be
compatible in comparison with the neighboring commercial and residential properties.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, "The proposed project will have a positive economic effect on the nearby
properties. The proposed use will not only compliment other service uses within Grove Plaza, but will
contribute in attracting customers to its neighbors. Overall, the proposed project will be a positive
economic contribution to the City as a whole. "
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach Noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
project should operate in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach and would thus be in conformance with the City's
performance standards.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to initiate this project.
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EXHIBIT "C"
Conditions of Approval
Project name: Grove Plaza Parcel C
File number: COUS 05-002
Reference: 2nd review plans identified as a Conditional Use with a December 14,2004 Planning & Zoning date
kj
stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
\. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting 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.
2. Palm Beach County Health Department pennits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
3. 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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
4. 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.
5. 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.
6. 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.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
7. The Utility plan depicts a sewer lateral being placed beneath a tire storage X
area. This configuration is not recommended.
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: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
9. All comments requiring changes and/or corrections to the plans shall be X
reflected on all annropriate sheets.
10. 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 nermit review.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
nerrnitting.
12. Maximum runoff distance over impervious surfaces before diversion to X
percolation areas is fifty (50) feet (LDR, Chapter 6, Article IV, Section
5.B.2.a.)
13. 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:
14. 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 nermit review.
I DEPARTMENTS I INCLUDE I REJECT I
15. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be detennined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
16. At time of pennit review, submit signed and sealed working drawings of the X
proposed construction.
17. 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.
18. A water-use pennit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
pennit shall be submitted at the time of penn it application, F.S. 373.216.
19. 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. 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)
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 pennit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
21. All shade trees on the Plant List must be listed in the specifications as a X
minimum of 12'-14' height, 3" caliper at DBH (4.5' off the ground), and
Florida #1 (Florida Grades and Standards manual) The height of the trees
may be larger than 12' -14' to meet the 3" caliperrequirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.]
22. The landscape design should include 2 City signature trees (Tibochina X
granulosa) at each of the project ingress/egress location. These trees must
meet the minimum tree specifications. [Environnemental. Regulations,
Chanter. 7.5, Article II Sec. 5.C.3, N.]
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
23. The elevation (height) of the vehicles and the raised berm area in X
relationship to each other should be shown on the detail plan.
Irril!ation Plan
24. There is no irrigation system design included with the site plans. The X
irrigation design should be micro-irrigation for water conservation.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5A.]
25. Turf areas should be limited in size. Landscape (hedding plants) areas X
should be designed on separate zones with proper time duration for water
conservation. Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
26. All trees on the site should receive irrigation from a separate bubbler. X
[Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.]
PLANNING AND ZONING
Comments:
27. The landscape buffer along Hypoluxo Road shall contain a combination of X
colorful groundcover plants and a minimum of two (2) colorful shrub
species planted in a continuous row or in clusters spaced no greater than
twenty (20) feet apart, beginning at the project entrance. The focus of this
landscape material will be to create an aesthetically pleasing buffer from
Hypoluxo Road.
28. Repeat the planting of the variegated arbricola depicted in front of the X
storefront windows at the base of the large colunms of the arches.
Additionally, the planting scheme currently depicted around the westem
colunm should be mirrored at the eastern colunm.
29. Owner to arrange for timely pick-up of used tires to ensure tires are not seen X
above the masonry enclosure or that they are not stacked outside said
enclosure. Additionally, outdoor storage or accumulation of auto parts
and/or inoperable vehicles will be prohibited.
30. The proposed bollards shall be decorative in nature, as the B-3 model X
submitted for review.
31. Staff recommends the applicant consider elimination of the Montgomery X
palms and replace them with groupings of green and silver buttonwoods at
varying heights (7-12 feet) along the east and west landscape buffers, to
provide !!Teater screening of the activity within the gara"e bavs.
32. The billboard (or remains thereof) must be removed prior to the issuance of X
the first permit for the project.
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS OS-002\COA.doc
DEVELOPMENT ORDER OF T~E ',;nv '';'~'MMI:;:;!VN .~.~ .....'::
CITY OF BOYNTON BEACH, I=LORIDt\
PROJECT NAME: Grove Plaza Parcel "C"
APPLICANT'S AGENT: Jason Mankoff, Weiner t. Arollson, 1".11..
APPLICANT'S ADDRESS: 102 North Swinton AvenUE Delray Beach, FL. 3344,1
DATE OF HEARING RATIFICATION BEFORE CI--Y COMMISSION: Februar/'I, ;'OC5
TYPE OF RELIEF SOUGHT: Request for ConditionalUse/New Site Plan appro/al for a 6,832 square
foot minor automotive repair facility on a 0.B23-acre pewcel in a C-3
zoning district
LOCATION OF PROPERTY: South side of Hypoluxo Road, EGlst of Lawrence Hoacl
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED SUbject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel C\COUS 05-002\DO
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Requested City Commission
Meetinl!: Dates
D December 7, 2004
o December 21, 2004
o January 4, 2005
D January 18, 2005
NATURE OF
AGENDA ITEM
VIII.-PUBLIC HEARING
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
Meeting Dates
Date Final FOnTI Must be Turned
in to City Clerk's Office
November 15, 2004 (Noon.)
[g] February 1, 2005
D February 15, 2005
D
D
January 31, 2005 (Noon)
January 17, 2005 (Noon)
December 6, 2004 (Noon)
December 20,2004 (Noon)
March 1, 2005 February 14, 2005 (Noon) C)
) C)-{
March 15,2005 February 28. 2005 (NoJn) :=i-<
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D Presentation ::r:
January 3, 2005 (Noon)
D Administrative
D Consent Agenda
[8] Public Hearing
D Bids
D AlUlouncement
D City Manager's Report
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reviewed the request on January
25,2005 and recommends that it be approved, subject to all staff comments. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
Quantum Park NOPC #15 (DRlA 05-001)
Eugene Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side of interstate 1-95, between Miner Road and the Boynton (C-16) canal
Request for Development of Regional Impact Amendment (DRIA) to allow an increase in
the maximum number of dwelling units pemritted under the development order from
1,000 to 1,105 dwelling units.
N/A
N/A
N/A
~
City Manager's Signature
2 - p -'" '-'
Planning an~g Director City Attorney / Fiuance / Human Resources
S:\PlanningISHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 DRIA 05-001 2-1-05.dot
S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-006
TO: Chair and Members
Planning and Development Board
THROUGH: Michael Rump;)(~
Planning and Zoning Director
FROM: Ed Breese ~
Principal Planner
DATE: January 12, 2005
SUBJECT: Quantum Park - DRIA 05-001/MPMD 05-006
Master Plan Amendment #15
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PI D) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PI D). It is located on the west side of 1-95, between Miner Road extended and the Boynton
Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development,
Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 13
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02,
01-54,02-54 and 04-77. The City Commission denied Amendment #11 on February 20,2001.
The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #15 proposes amending the maximum number of dwelling units allowable within
the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master
Plan. The requested change is depicted in Exhibit "C" - Proposed Master Plan and described as
follows:
NOTE #2. Development of the following Land Use classifications should not exceed
the following intensities without further City approval:
- Residential - 1,105 dwelling units
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on October 4,
2004. The proposed Amendment #15 amends the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of
the DRI amendment also constitutes a review of the change to the Master Plan for Quantum
Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and
Chapter 3, Master Plan Approval. First review comments were generated and the Technical
Review Committee (TRC) reviewed the Master Plan change on January 4, 2005.
ANALYSIS
Notice of Proposed ChanQe (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DRI. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence" .
1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 105 residential dwelling units to the 1,000
currently approved, for a total of 1,105 dwelling units. The proposed change exceeds
this threshold. However, the proposed change also eliminates the previously approved
4,000 seat movie theater. In this case, the criterion outlined in Chapter 380.06(19)(e)5.c.
applies.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651 (3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. While Amendment
#15 does not involve changes to any land use categories, the addition of 105 dwelling
2
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat
movie theater originally approved in NOPC #9. These changes are reflected in the
"Notes" section on the Master Plan. The proposed increases and decreases are
presumed to maintain the vested traffic generation level of 63,752 average daily trips
(ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc.,
concludes that the simultaneous increases and decreases in allowable intensities
associated with NOPC #15 results in no increases in approved daily and peak hour trips.
As of the release of this staff report, the City has not received a response from Palm
Beach County Traffic Engineering regarding the proposal's compliance with the Traffic
Performance Standards.
Conclusion
The proposed changes delineated in Amendment #15 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DR!. There is only one (1) change proposed. The applicant provided the following descriptive
summary of this change:
Request for Master Plan Modification approval to allow an increase in the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)"
from 1,000 to 1,105 dwelling units.
The NOTES section of the Master Plan would be revised as follows:
"Residential-1,105 dwelling units" (changed from 1,000)
"One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated)
"One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated)
The elimination of the references to the Movie Theater, which was approved in NOPC #9, is
proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units
to the Master Plan. These proposed changes are presumed to maintain the vested traffic
generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant,
Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling
units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no
increases in approved daily and peak hour trips.
All categories on the Land Use Acreage Table remain unchanged in Amendment #15. The
Quantum Park DRI acreage total of 553.13 also remains unchanged.
The Quantum Park DRI has been amended 13 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating .There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
3
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Originally, in the review of NOPC #10 back in the year 2000, staff was opposed to the
conversion of valuable industrial land to residential uses. The City had considerable acreage for
residential purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. The applicant indicated that they understood
the concerns of the City and that they would limit the amount of residential in an effort to assure
that staff's fears of loss of industrial land would be minimized. The applicant has now submitted
NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the
applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)",
which does not entail any further conversion of industrial land. Their request will likely only result
in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce
industrial land.
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
ReQional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. A cursory review of the traffic stUdy was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic stUdy to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed change in uses.
The Palm Beach County Traffic Engineering Division has not completed their review at this time.
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
4
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels will remain within the limits for which the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies. The proposed change is discussed below:
On Lots Desianated "Mixed Use IMUl - Amendment #15 proposes amending the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000
to 1,105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation
are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard
and were approved for a townhouse development by DR Horton in 2002 known as Quantum
Townhomes East & West (now called Parkside). This project is nearly built-out.
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard
and were approved for a rental apartment development by Olen Development in 2000 known as
Quantum Lakes Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and rental apartment development by
Olen Development in 2002 known as Quantum Park and Village South. The rental apartment
component of this project is under construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and townhouse development in 2002.
The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road,
north of Gateway Boulevard and is currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within
Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DRI
(553.13 acres).
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be
able to take advantage of the additional 105 dwelling units would be either Quantum Park and
Village South or Quantum Park and Village North, since the office and retail components of
these projects has not begun construction. The subdivision master plan for either of these sites
would require a formal modification and review in front of the Board and City Commission to
incorporate the additional units while reducing other approved uses on the site. Based upon
discussions staff has had with Olen Development, they would intend to amend the plans for
Quantum Park and Village South to accommodate the additional dwelling units, while
redesigning the office and retail components.
5
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use
(MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that
height was not a characteristic of the DRI or Master Plan and that height limitations were
located within the Planned Industrial District (PID) regulations. Therefore, the height request will
not be addressed in the NOPC. The applicant has been instructed that, should a change be
proposed to the height limitation, a Code Review (CDRV) request, justification and review fee
must be submitted to amend the PID regulations.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes. Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit
"0".
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of request for Master Plan Modification to allow an increase in the maximum number of
dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105
dwelling units, subject to the Conditions of Approval attached in Exhibit "D".
S:\PLANNING\SHARED\WP\PROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMD\DRIA 05-001\STAFF REPORT #15.00C
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EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC # IS
File number: DRlA 05-001/MPMD 05-006
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
Conunents: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) S.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Provide notice of concurrency (Traffic Performance Standards Review) from X
Palm Beach County Traffic Engineering.
3. Provide notice of school concurrency from Palm Beach County School X
Board for the additional 105 residential dwelling units beinl> reouested.
4. Amend the Substantial Deviation Determination Chart under "Attraction X
and Recreation" to reflect a "0" below the heading of "Proposed Change"
instead ofN/C for the 4,000 seat movie theater.
5. Height is not a characteristic of the DR! or the Master Plan. Height limitations X
are located within the Planned Industrial District (PID). Therefore, the
height request will not be addressed in the NOPC. If a change is proposed to
the height limitation, a Code Review (CDRV) request, justification and
review fee must be submitted to amend the PID regulations.
6. The applicant is asked to acknowledge that the City is currently in litigation X
regarding heights exceedinl.! 45 feet
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOpe #15-MPMD\COA.doc
VIII.-PUBLlC HEARING
ITEM F.
1 ORDINANCE NO. 05-
2 AN ORDINANCE OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-
4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF
5 BOYNTON BEACH BY ADOPTING AN AMENDMENT
6 TO THE QUANTUM PARK DEVEI~OPMENT OF
7 REGIONAL IMPACT, KNOWN AS THE QUANTUM
8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING
9 THE MASTER PLAN TO INCREASE THE NUMBER OF
10 DWELLING UNITS PERMITTED UNDER THE
11 DEVEI"OPMENT ORDER FROM 1000 TO II 05
12 DWELLING UNITS; PROVIDING FOR A SAVINGS
13 CLAUSE, REPEALING PROVISION, AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, Quantum Park of Commerce ("Quantum Park Pill") is a partially built-
18 out Development of Regional Impact ("DR1") comprised of 553.13 acres, zoned Planned
19 Industrial Development ("Pill"), and locatcd on the west side of Interstate 95, from Miner
20 Road extended south to the Boynton C-16 Canal; and
21 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum
22 Park DR! Development Order, adopted by the City Commission of the City of Boynton
23 Beach December 4, 1984 under Ordinancc No. 84-51, and subsequently amended by
24 Ordinancc Nos. 86-11,86-37,88-3,94-10,94-51,96-33,96-65,97-20, 99-05, 00-02, 01-54,
25 02-54 and 04-77 ("Development Order"); and
26 WHEREAS, the proposed Amendment, referred to as Amendment #15 proposed
27 amending the Master Plan for Quantum Park to allow an increase in the number of dwelling
28 units permitted under the Development Order from 1000 to 1105 dwelling units on the real
29 property located in Palm Beach County, Florida, and more particularly described in the
30 attached Exhibit "A"; and
S:ICAIOrdinancesIDRIIDRI Amd NOPC15.doc
Page I
1 WHEREAS, MFT Development, Inc. has submitted a Noticc of Proposcd Changc
2 ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said
3 NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), thc
4 Treasure Coast Regional Planning Council ("TCRPC"), and the City; and,
5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
6 City Commission), the goveming body of the local government having jurisdiction, pursuant
7 to Section 380.031 and 380.06, Florida Statutes, is authorized and empo\Vcrcd to consider
8 NOPCs; and
9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
10 Section 380.06(7), Florida Statutes, havc been satisfied and notice has been givcn to thc
11 Departmcnt of Community Affairs and the TCRPC; and
12 WHEREAS, this City Commission has reviewcd this matter on February I, 2005,
13 and on February 15, 2005, held a duly noticcd public hcaring on the Application, and has
14 heard and considered the testimony taken thereat; and
15 WHEREAS, the Treasurc Coast Regional Planning Council has reviewed the NOPC
16 and pursuant to the proccdures of Section 380.06, Florida Statutes has determined that thc
17 proposed changes will not create additional regional impacts; and
18 WHEREAS, this City Commission has received and considered the report and
19 recommendations of the Planning and Dcvelopment Board ofthe City of Boynton Beach; and
20 WHEREAS, this City Commission has made the following FINDINGS OF FACT
21 AND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for
22 an amendment to the Quantum Park DRI Development Order;
S:\CA\Ordinances\DRt\DRI Amd NOPC15.doc
Page 2
1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
3
Section I.
The foregoing Whereas clauses are true and correct and incorporated
4 erein by this reference.
5 I Section 2. That the City Commission of the City of Boynton Beach, Florida
I
6 ~akes the following findings of fact regarding the Notice of Proposed Change submitted by
7 ~FT Development, Inc., the "Master Developer" related to the an amendment to the
8 puantum Park Development of Regional Impact, previously approved by Ordinance No. 84-
9 ~l, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33,
,
10 96-65,97-20,99-05,00-02,01-54, aM 02-54 and 04-77; and
11 FINDINGS OF FACT
12
A.
The proposed development is not in an area of critical state concern
13
designated pursuant to the provisions of Section 380.05, Florida
14
Statutes;
15
B.
A State Comprehensive Planning Document has been recognized by
16
the legislature as an advisory policy document for the entire State of
17
Florida, and the proposed development does not unreasonably interfere
18
with the achievement of the objective of this advisory policy
19
document;
20
c.
The proposed amendment to the Development of Regional Impact
21
Order (DRI) Development Order will be consistent with the
22
corresponding amendment of the adopted comprehensive plan for the
23
City of Boynton Beach and are, or will be, consistent with the local
Sl\CA\Ordinances\DRI\DRI Amd NOPC15.doc
Page 3
1
land developmcnt regulations, subject to conditions outlined herein
2
and Part III, Land Developmcnt Regulations ofthe City of the Boynton
3
Bcach Code of Ordinances; and
4
D.
The proposed development will be consistcnt with the proposcd
5 am.5'I!.Qment tHB submitted.JQ and reviewed by the Treasure Coast
6 Regional Planning Council pursuant to Section 380.06(8), Florida
7 Statutes.
8
9 CONCLUSIONS OF LAW
10 It is hercby determined by the City Commission of the City of Boynton Beach,
11 Florida, in a public meeting, duly constituted and assembled this 15th day of
12 GBtOOerFcbruary, 2004;;, that the Notice of Proposed Change to the Quantum Park
13 Development of Regional Inlpact submitted by the Master Developer is hcreby ordered
14 Approved, subject to the provisions of this Ordinance and the Conditions of Approval
15 attached hereto as Exhibit "B", and incorporated herein by reference.
16 I. That this amended DR! Development Order shall constitute the Development Order
17 of this Commission issued in response to the Notice of Proposed Change for the
18 Quantum Park DRI filed by the Master Developer.
19 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
20 amended DR! Development Ordcr.
21 3. That the Development Order shall be amended to modify the Master Plan dcsignation
22 of-€crtainlots subject-to.9Ithe Quantum Park DRI Development Order, as follows:
23 The Master Plan desie;nation of Lots 17, 21, 50/\, and 52 is chant;od from
24 Office/Industrial (OJ) land use to Offiee/lndHstrial (OJ) and Industrial with
S:\CA\Ordlnances\DRt\DRI Amd NOPC15.doc
Page 4
1 Retail Sales (IND/R). designation of the maximum number of dwelJing units
2 allowable within the areas designated for "Mixed Use (MU)" development
3 shall be increased from] ,000 to 1,105 dwelling units.
4
5 The l\1aoter Plan designation of Lots 81 ami 82 is changed from a
6 Officc/Industrial/Commercial (O~GoYornmcntaJ..& InstitutionaJ
7 (G&I).
8
9
10
11
12
13 4. That this amended DRI Development Order shall be binding upon the Master
14
Developer and its assignees or successors in interest. It is understood that any
15
reference herein to any governmental agency shall be construed to mean any future
16
instrumentality which may be created and designated as successor in interest to, or
17
which otherwise possesses any of the powers and duties of any referenced
18
governmental agency in existence on the effective date of this amended DR!
19
Development Order.
20 5. That in any event that any portion of section of this amended DR! Development
21
Order is determined to be invalid, illegal or unconstitutional by a court of competent
22
jurisdiction, such decision shall in no manner affect the remaining portions or
23
sections of this amended DR! Development Order, which shall remain in full force
24
and effect.
25 6. That the approval granted by this amended DRI Development Order is conditional.
26
Such approval shall not be construed to obviate the duty of the Master Developer to
27
comply with all other applicable local or state permitting procedures.
:\CA\Ordinances\DRI\DRI Amd NOPC15.doc
Page 5
1 7. The amendmcnts proposed by the Master Developer do not create any additional
2 impacts and therefore do not constitute a substantial deviation under Chaptcr 380'()6,
3
Florida Statutes.
4 8. Actual development phasing will depend upon economic circumstances and Master
5
6
7
Developer's internal business growth. Any proposed development described in the
Notice of Proposed Change arc for planning purposcs only and the actual
development schedule may vary therefrom.
8 9. The amended DR! Development Order set forth in Section I hereof shall become
9 effective upon adoption of the ordinance amending the land use dcsit,'11atioHG for
10 cortain Lots designated maximum numbcr of dwelling units allowable within the
11 areas designated for "Mixedl;)~e (MU)" Ii'om 1.000 t<J_LJ 05 dwelling units in the
12 Master Plan, provided such date shall be extended until completion of appellate
13 procedures, if any, relating to the issuance of this amended DR! Development Order.
14 10. Copies of this Ordinance incorporating the amended DR! Development Order
15 amending the land use designation of the subject property to Development of
16 Regional Impact shall be transmitted immediately by certified mail to the Division of
17 Community Planning, the Treasure Coast Regional Planning Council, and the Master
18 Devcloper.
19 ] 1. Except as otherwise amended herein, the Development Order shall remain in full
20 force and effect.
21
22
Section 3.
Except as provided herein, the Master Developer shall proceed in strict
23 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc
Page 6
1 uilding, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
2 egulations of the State of Florida Department of Environmental Protection.
3
Section 4.
That should any section or provision of this Ordinance or any portion
4 hereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not
5 . affect the remainder of this Ordinance.
6
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
7 repealed.
8
Section 6.
This ordinance shall become effective immediately upon its passage.
9 FIRST READING this _ day of
,2005.
10 SECOND READING and FINAL PASSAGE this _ day of
,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
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc
Page 7
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VIII.-PUBLIC HEARING
CITY OF BOYNTON BEACH ITEM F. cL,
AGENDA ITEM REQUEST FORJu
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetin12 Dates in to City Clerk's Office MeetinllDates
0 December 7, 2004 November 15,2004 (Noon.) IZI February t, 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
0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005
Date Final Form Must be Turned
in to City Ck'Tk's Office
January 17,2005 (Noon)
January 31, 2005 (Noon)
February 14,2005 (Noon)
February 28, 2005 (Noo~~:;
(..J1
(~
:r.'A
0 0 -,,-
Administrative Development Plans -,.....
0'"
NATURE OF 0 Consent Agenda 0 New Business 01
AGENDA ITEM IZI Public Hearing 0 Legal ;::."
=5:
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation Ul
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0 City Manager's Report
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RECOMMENDATION: Please place this request on the February I, 2005 City COnmUssion Agenda under
Public Hearing (to be combined with corresponding DRIA item). The Platming and Development Board reviewed the request
on January 25, 2005 and reconunends that the subject request be approved, subject to all staff conunents. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 05,006.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park NOPC #15 (MPMD 05-006)
Eugene Gerlica, Quantum Group of Companies
MFT Development, Inc.
West side of interstate 1-95, between Miner Road and the Boynton (C,16) canal
Request for Master Plan Modification approval to allow an increase in the
maximum number of dwelling units allowable within the areas designated for
"Mixed Use (MU)" from 1,000 to 1,105 dwelling units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~~~
City Manager's Signature
Develop ent Depa ent Directo
7~~ ~~ J
Planning and Zoni g rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agcnda Item Request Quantum Park NOPC #1 5 MPMD 05-006 2-1 -OS.dot
S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-006
TO: Chair and Members
Planning and Development Board
THROUGH: Michael Rump;)'(~
Planning and Zoning Director
FROM: Ed Breese ./'6.,
Principal Planner
DATE: January 12, 2005
SUBJECT: Quantum Park - DRIA 05-001/MPMD 05-006
Master Plan Amendment #15
NATURE OF REQUEST
Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of
Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development
(PI D). It is located on the west side of 1-95, between Miner Road extended and the Boynton
Canal _ (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development,
Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted
December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 13
times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02,
01-54,02-54 and 04-77. The City Commission denied Amendment #11 on February 20,2001.
The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan.
Amendment #15 proposes amending the maximum number of dwelling units allowable within
the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units in the Master
Plan. The requested change is depicted in Exhibit "C" - Proposed Master Plan and described as
follows:
NOTE #2. Development of the following Land Use classifications should not exceed
the following intensities without further City approval:
_ Residential - 1,105 dwelling units
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost govemed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DR!. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Quantum
Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined
that the requested change is a substantial deviation then further review will be required pursuant
to the statutory requirements. If the City Commission determines that the proposed change is
not a substantial deviation then they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Master Plan for Quantum Park. That Master
Plan has been amended over the years, the most recent change being approved on October 4,
2004. The proposed Amendment #15 amends the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of
the DRI amendment also constitutes a review of the change to the Master Plan for Quantum
Park. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and
Chapter 3, Master Plan Approval. First review comments were generated and the Technical
Review Committee (TRC) reviewed the Master Plan change on January 4, 2005.
ANALYSIS
Notice of ProDosed ChanQe (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the
criteria apply to the proposed change for Quantum Park DR!. This criterion, which is applicable
for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence" .
1. Chapter 380.06(19)(b)9., An increase in the number of dwelling units by 5 percent
or 50 dwelling units, whichever is greater.
The proposed change entails the addition of 105 residential dwelling units to the 1,000
currently approved, for a total of 1,105 dwelling units. The proposed change exceeds
this threshold. However, the proposed change also eliminates the previously approved
4,000 seat movie theater. In this case, the criterion outlined in Chapter 380.06(19)(e)5.c.
applies.
2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multiuse development of regional
impact which was originally approved with more than three uses specified in
380.0651(3)(c), (d), (f) and (g) and residential use.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. While Amendment
#15 does not involve changes to any land use categories, the addition of 105 dwelling
2
Quantum Park - DRIA 05-o01/MPMD 05-006
Memorandum No. PZ 05-006
units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat
movie theater originally approved in NOPC #9. These changes are reflected in the
"Notes" section on the Master Plan. The proposed increases and decreases are
presumed to maintain the vested traffic generation level of 63,752 average daily trips
(ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc.,
concludes that the simultaneous increases and decreases in allowable intensities
associated with NOPC #15 results in no increases in approved daily and peak hour trips.
As of the release of this staff report, the City has not received a response from Palm
Beach County Traffic Engineering regarding the proposal's compliance with the Traffic
Performance Standards.
Conclusion
The proposed changes delineated in Amendment #15 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying Condition of
Approval #1 regarding Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park
DR!. There is only one (1) change proposed. The applicant provided the following descriptive
summary of this change:
Request for Master Plan Modification approval to allow an increase in the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)"
from 1,000 to 1,105 dwelling units.
The NOTES section of the Master Plan would be revised as follows:
"Residential-1,105 dwelling units" (changed from 1,000)
"One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated)
"One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated)
The elimination of the references to the Movie Theater, which was approved in NOPC #9, is
proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units
to the Master Plan. These proposed changes are presumed to maintain the vested traffic
generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant,
Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling
units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no
increases in approved daily and peak hour trips.
All categories on the Land Use Acreage Table remain unchanged in Amendment #15. The
Quantum Park DRI acreage total of 553.13 also remains unchanged.
The Quantum Park DRI has been amended 13 times over the years, which is not unusual for a
DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides
for and anticipates amendments stating ''There are a variety of reasons why a developer may
wish to propose changes to an approved development of regional impact, including changed
market conditions".
3
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Originally, in the review of NOPC #10 back in the year 2000, staff was opposed to the
conversion of valuable industrial land to residential uses. The City had considerable acreage for
residential purposes, but the amount of vacant industrial land, especially larger tracts that could
accommodate business and industry that creates jobs, generates substantial property taxes and
requires fewer City services, was in short supply. The applicant indicated that they understood
the concerns of the City and that they would limit the amount of residential in an effort to assure
that staff's fears of loss of industrial land would be minimized. The applicant has now submitted
NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the
applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)",
which does not entail any further conversion of industrial land. Their request will likely only result
in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce
industrial land.
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reqional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there
will be an increase in traffic resulting from the land use redistribution/re-designation.
A provision in Amendment #8 to the Quantum Park development order requires that" A traffic
study shall be submitted with any future application requesting a change in use designations on
any lot. A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due
to the balancing of increases and decreases in the intensities of the proposed change in uses.
The Palm Beach County Traffic Engineering Division has not completed their review at this time.
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has
not yet received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional impacts.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
4
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The updated Traffic Impact Analysis submitted with the request for
amendment indicates that there will be no increase in the allowable intensities of development.
The traffic generation levels will remain within the limits for which the DRI is vested. Turning
movements and signalization issues can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies. The proposed change is discussed below:
On Lots Desianated "Mixed Use IMU) - Amendment #15 proposes amending the maximum
number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000
to 1,105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation
are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard
and were approved for a townhouse development by DR Horton in 2002 known as Quantum
Townhomes East & West (now called Parkside). This project is nearly built-out.
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard
and were approved for a rental apartment development by Olen Development in 2000 known as
Quantum Lakes Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and rental apartment development by
Olen Development in 2002 known as Quantum Park and Village South. The rental apartment
component of this project is under construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, just west of
High Ridge Road and were approved for an office, retail and townhouse development in 2002.
The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road,
north of Gateway Boulevard and is currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within
Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DRI
(553.13 acres).
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be
able to take advantage of the additional 105 dwelling units would be either Quantum Park and
Village South or Quantum Park and Village North, since the office and retail components of
these projects has not begun construction. The subdivision master plan for either of these sites
would require a formal modification and review in front of the Board and City Commission to
incorporate the additional units while reducing other approved uses on the site. Based upon
discussions staff has had with Olen Development, they would intend to amend the plans for
Quantum Park and Village South to accommodate the additional dwelling units, while
redesigning the office and retail components.
5
Quantum Park - DRIA 05-001/MPMD 05-006
Memorandum No. PZ 05-006
Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use
(MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that
height was not a characteristic of the DRI or Master Plan and that height limitations were
located within the Planned Industrial District (PID) regulations. Therefore, the height request will
not be addressed in the NOPC. The applicant has been instructed that, should a change be
proposed to the height limitation, a Code Review (CDRV) request, justification and review fee
must be submitted to amend the PID regulations.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit
"D".
Regarding the proposed modifications to the Quantum Park Master Plan staff recommends
approval of request for Master Plan Modification to allow an increase in the maximum number of
dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105
dwelling units, subject to the Conditions of Approval attached in Exhibit "D".
S:\PLANNING\sHAREDIWPIPROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMD\DRIA 05-00t\STAFF REPORT #15.DOC
6
EXHIB,T 8
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EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park NOPC # IS
File number: DRIA 05-00l/MPMD 05-006
Reference:
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
Connnents: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) S.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumntion may be rebutted by clear and convincin" evidence
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Provide notice of concurrency (Traffic Performance Standards Review) from X
Palm Beach County Traffic Engineering.
3. Provide notice of school concurrency from Palm Beach County School X
Board for the additional 105 residential dwelling units being requested.
4. Amend the Substantial Deviation Determination Chart under "Attraction X
and Recreation" to reflect a "0" below the heading of "Proposed Change"
instead of N/C for the 4,000 seat movie theater.
5. Height is not a characteristic of the DR! or the Master Plan. Height limitations X
are located within the Planned Industrial District (PID). Therefore, the
height request will not be addressed in the NOPC. If a change is proposed to
the height limitation, a Code Review (CDRV) request, justification and
review fee must be submitted to amend the PID regulations.
6. The applicant is asked to acknowledge that the City is currently in litigation X
regarding heights exceeding 45 feet
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park NOPC #15 (MPMD 05-006)
APPLICANT'S AGENT: Eugene Gerlica, Quantum Group of Companies
APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an
increase in the maximum number of dwelling units allowable
within the areas designated for "Mixed Use (MU)" from 1,000 to
1,105 dwelling units.
LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton
(C-16) Canal
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #15 + MPMD\DO.doc
ff(>...
.. \\l
· r
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORl\~
Requested City Corrunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in
Meeting Dates in to City Clerk's Office Meetine: Dates to City Clerk's Office
0 December 7, 2004 November 15, 2004 (Noon.) ~ February I, 2005 January 17,2005 (Noon)
0 Decembet2l, 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)
0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
~ City Manager's Report
RECOMMENDATION:
Motion to consider inviting Florida Atlantic University and Florida International University to the
February 15, 2005 City Commission meeting to make a presentation to the City Commission on each
University's capabilities to perform redistricting services for the City of Boynton Beach, and establishing
a budget for this project, in an amount not to exceed $49,900.00 from account 001-1 I 10-51 1-95-48.
EXPLANATION:
The City advised five Florida universities that the City would be issuing a Request for Proposal to
provide redistricting consulting services. Of the five that were identified, one did not acknowledge our
project, and two indicated that they were not interested in submitting a proposal. We did receive timely
proposals from Florida International University in Miami and Florida Atlantic University in Fort
Lauderdale.
It appears that there are strengths and weaknesses in both of the proposals. Both universities are
located in Florida, and both proposed a price to perform the services at a cost that fell in the mid-$40's.
However, they each have their deficiencies. FAU's proposal is just a draft, and they may be asking for
modifications to what they have proposed. They also have asked for a delay in start-up. FIU did not
indicate in their proposal that they will specifically perform all of the tasks that we asked for in the Scope
of Work, and they have not clearly demonstrated success with serving other local governments in the
redistricting process.
S.\BULLETIN\fORMSIAGENDA ITEM REQUEST fORM.DOC
tr(
~" .
y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
This redistricting effort is very important to the City of Boynton Beach. It is being recommended
that the City Commission should not award a contract for services based just on the two written
proposals that were submitted in response to our RFP. It is, however, being recommended that the City
Commission invite the two proposers to make a verbal presentation on their approach, commitment,
experience and their resources available to complete the project in a timely fashion at the February 15,
2005 meeting.
FISCAL IMPACT:
There is not a specific budget established for this project. Therefore, funds will have to be made
available from an existing account. It is proposed to use the Strategic Plan Implementation account (001-
I II 0-5II-95-48) to pay for this project. The unencumbered balance in that account is $250,000.00. A
budget allocation of $49,900.00 gives us, approximately, a 10% contingency amount, just in case the City
Commission would like to modify the proposer's work effort during the terms of the engagement.
AL TERNA TIVES:
I)
2)
Award a contract based only upon the written proposals already received.
Determine the two proposals to be unacceptable and issue a new Request for Proposals.
)
j~
Department Head's . nature
City Manager's Signature
City Manager
Department Name
City Attorney I Finance I Human Resources
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
OFFICE OF THE ASSISTANT CITY MANAGER
INTER-DEPARTMENTAL CORRESPONDENCE
DATE:
January 21, 2005
TO:
Kurt Bressner, City Manager
FROM:
Dale S. Sugerman, Assistant City Manager
SUBJECT: Review of Proposals for Redistricting Project
On January 1ih, you asked me to pick up on the above referenced project, to review
its status, and bring it to the City Commission with a recommendation for consideration in
early February. What follows is my report on the matter.
The City advised five Florida universities that the City would be issuing a Request for
Proposal to provide redistricting consulting services. Of the five that were identified, one did
not acknowledge our project, and two indicated that they were not interested in submitting a
proposal. (Please see Carisse LeJeune's memorandum of January 18, 2005 for
background on this). We did receive timely proposals from Florida International University
in Miami and Florida Atlantic University in Fort Lauderdale.
The City established five (5) criteria on which the proposers would be critiqued,
including:
. The university must be located in the State of Florida.
. The university contractor must be able to perform the task as described in the
Scope of Services.
. The proposer must perform the tasks within the timeframe indicated.
. The proposer must have successful experience with other governments,
having provided comparable redistricting services.
. The proposer must have included detailed costs for services.
I have completed a review of the two proposals submitted, and offer to you the following
analysis:
CRITERIA I FAU COMMENTS I FlU I COMMENTS
Located in Florida? Yes I Yes
FAU's proposal did FlU's proposal did
Able to perform tasks as Yes include a write up of Maybe not include a write
described? all of the tasks up of all of the tasks
requested in the requested in the
scooe of work. scope of work.
C:\Documents and Settings\sugermand\My Documents\Assistant City Manager\Review of Redistricting Proposals Memo.doc
CRITERIA FAU COMMENTS FlU COMMENTS
The proposal called
Perform the tasks within No for a start date 7 Yes
the tirneframe? days after award of
contract. They need
3 weeks to start.
Also, this is not a
final proposal; it is
only a draft.
The FlU team
Demonstrated success Yes Provided a list of 6 Limited demonstrated that
with serving other other jurisdictions, they have provided
governments? having completed a some redistricting
total of 11 projects. services, but to only
one other city. Their
team, however, has
served as "expert
witnesses" in state
redistrictina cases.
-
Detailed costs for No Provided a summary No Provided a summary
services? onlv. only
Proposed budget? $ 43,996 $ 45,700
[not part of the criterial
It appears to me that there are strengths and weaknesses in both of the proposals.
Both universities are located in Florida, and both proposed a price to perform the services
at a cost that fell in the mid-$40's. However, they each have their deficiencies. I am
concerned that FAU's proposal is just a draft, and they may be asking for modifications to
what they have proposed. They also have asked for a delay in start-up. FlU did not indicate
to us that they will specifically perform all of the tasks that we asked in the Scope of Work,
and they have not clearly demonstrated success with serving other local governments in
the redistricting process.
This redistricting effort is obviously very important to the City of Boynton Beach, and
especially to our elected officials. It is my opinion that we should not have the City
Commission award a contract for services based just on the two written proposals that
were submitted in response to our RFP. I am not suggesting that we should throw these
proposals out and start over. I am suggesting, however, that the City Commission may
want to invite the two proposers in to make a presentation to the City Commission on their
approach, commitment, experience and their resources available to complete the project in
a timely fashion. If the City Commission were to have those presentations made at their
February 15, 2005 meeting, I believe that they could also make a determination to award a
C:\Documents and Settings\sugermand\My Documcnts\Assistant City Manager\Review of Redistricting Proposals Memo.doc
contract that evening as well. When one looks at the original update memo to you from
Wilfred Hawkins dated December 15, 2004 (copy attached), it was his original expectation
that the contract would be awarded on that date all along.
There is one other matter that needs to be considered. Apparently there was not a
specific budget established for this project. Therefore, funds will have to be made available
from an existing account. Our discussions have been to use the Strategic Plan
Implementation account (001-1110-511-95-48) to pay for this project. I have written the
Agenda Item Cover Sheet using this account number. The unencumbered balance in that
account is $250,000.00, so there currently is plenty of leeway to cover this expense. Also, I
have written the Agenda Item Cover Sheet to authorize a budget allocation of $49,900. This
gives us, approximately, a 10% contingency amount, just in case the City Commission
would like to modify the proposer's work effort during the terms of the engagement.
Should you have any questions about this outline and recommendation, please be
sure to contact me directly. I will be in attendance at the City Commission meeting and will
be happy to answer any questions that might be asked by the members of the Commission.
~alL
Dale S. Sugerman
Assistant City Manager
cc: Wilfred Hawkins, Assistant City Manager
C:\Documents and Settings\sugennand\My Documents\Assistant City Manager\Review of Redistricting Proposals Memo.doc
Boynton Beach
City Manager's Office
Memorandum
To: Dale Sugerman, Assistant City Manager ^..1 ~
From: Carisse LeJeune, Administrative Assistant, CIM Office lJ"~
Date: January 18,2005
Re: City of Boynton Beach Redistricting Project
At Mr. Hawkins' request, I researched and contacted five (5) Florida Universities to
forward an RFP for our redistricting project. Of the four (4), Florida Atlantic University
and Florida International University both sent proposals. I received a call from Dr.
Paul Zwick from the University of Florida, who indicated that they were not interested
in submitting a proposal. Florida State University also was not interested in
submitting. The University of Miami never responded to our original request for
contact infonmation.
Please let me know if I may be of any further assistance with this project.
Thank you.
Boynton Beach
City Manager's Office
Memorandum
To: Kurt Bressner, City Manager /lA 1/ J./
From: Wilfred Hawkins, Assistant City Manager . rm
Date: December 20, 2004
Re: City Of Boynton Beach Redistricting Project 2005
Regarding the pending City of Boynton Beach Redistricting Project for 2005, please
find attached a Request for Proposal, Scope of Work, RFP contact information and a
tentative timeline for review of proposals. Our target date for presenting to the City
Commission for approval is the February 15, 2005 Commission meeting. Please let
me know if you have any questions.
t
The Citl} 0/ &l}l1tOl113eaciJ
OFFICE OF THECITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Managers Office: (561) 742-6010
FAX: (561) 742-6011
e-mail..bressnerk@ci.boynton-beach.fl.us
www.boynton-beach.org
REQUEST FOR PROPOSAL
REDISTRICTING PROJECT
The City of Boynton Beach is issuing an RFP for a university located in the State of
Florida to update the geographic boundaries for each voting district in the city. The
attached Scope of Services specifies the tasks to be performed by the university that
the City determines to contract with. The successful university contractor must be able
to perform the tasks as described in the Scope of Services, within the time frame
indicated and have successful experience with other governments providing
comparable redistricting services. A detailed cost for services must be included within
the proposal submitted by the university.
The time frame for this redistricting project is February 2005 to May 2005. Work must
begin within 7 working days after the execution of a contract between the City and the
university.
All RFP's are due on: January 12, 2005 at 5:00 p.m. Sealed RFP's should be received
in the City Manager's Office, City of Boynton Beach, 100 E. Boynton Beach Boulevard,
or mail to City Manager's Office, P. O. Box 310, Boynton Beach, Florida 33425-0310.
Any questions regarding this RFP may be directed to Wilfred Hawkins, Assistant City
Manager, telephone number (561) 742-6012 or e-mail address is
hawkinsw@ci.bovnton-beach.fl.us
REQUEST FOR PROPOSAL
SCOPE OF WORK
Purpose
Article II of the City Charter, Section 17(1), sets ont the time frame for designating
geographic boundaries. i.e. "... Geographic boundaries for each voting district shaII be
designated, prepared and identified not later than the first day of January, 2002, and every
four (4) year thereafter by contract to the City of Boynton Beach with a four (4) year
college or university or educational research institution located within the State of Florida
to be selected by the City Commission of the City of Boynton Beach, Florida...."
The successful university contractor will assist the City Of Boynton Beach Department of
Development in preparing redistricting options for the City of Boynton Beach City
Commission.
Narrative Description of Tasks
The scope of work involves a series of tasks set to begin in FEBRUARY 2005 and end in
JUNE 2005. Each task is described below:
1. Establishing the Redistricting Criteria
It is understood that the City of Boynton Beach Commission has agreed to use the
following criteria to guide the redistricting process:
);> To the extent practical with existing precinct boundaries, achieve
population equality among the districts.
}> Adhere to Section 2 of the Voting Rights Act ofl965, as amended and
interpreted through case law.
)> Follow major natural and manmade boundaries.
)> Maintain integrity of communities of interest, including municipal
boundaries.
).> Insure compactness and contiguous districts.
};> Preserve the core of the existing voter districts.
2. Data Collection
Will acquire both the geographic and attribute infonnation to support the
redistricting analysis. The required redistricting data have three (3) main
elements: geographic, demographic, and voting registration/election data.
(I) Demographic Profiling Information
~ 2000 U.S. Census Population Data (public Law 94-171 Redistricting Data,
Universe: Total Population). Source: U.S. Census Bureau
2
~ 2000 U.S. Census Population Data for RaciaI/Ethnic Background (Public
Law 94-171 Redistricting Data, Universe: Population of two or more
races). Source: U.S. Census Bureau
Traffic Analysis Zone data and Certificate of Occupancy data may be used
to update the 2000 Census data. Source: Palm Beacb County Traffic
Engineering Division and City of Boynton Beach Occupational License
Division.
(2) Voter Registration and Election Information - In cooperation with the Palm
Beach County Supervisor of Elections, the City of Boynton Beach Department of
Development and the selected university contractor will obtain the most current
V otef Registration information (gender, party affiliation, and racial composition)
as well as election information from two previous elections as identified by City
of Boynton Beach Department of Development for the purpose of analyzing voter
turnout. It is imperative that the voter registration and election information be
provided at the precinct level (requiring that the dataset include the individual
precinct nwnber as well as the demographic information).
~ Current voter Registration Data at the Precinct-Level: Information would
include total registered voters, gender, racial and/or ethnic composition,
and party affiliation. Source: Florida Legislature, Florida Redistricting
Election Data Set (FREDS). Format: dBase.
>- Previous election information would include total number of registered
voters by precinct who turned out for two elections as well as
demographic information about the voter such as gender, racial
composition, and party affiliation. Source: FREDS. Format: dBase.
Estimated Timeframe:
February - March 2005
3. Data Integration to Generate Existing District Map and Snpport Map.
The university contractor will integrate both the demographic and voting
information with GIS maps of the City of Boynton Beach. The map layers
will include precinct boundaries, census block query boundaries, roads
and streets, and other geographic information. At a minimum, the
following maps will be developed using this information:
~ Map depicting Total Population Totals and Percentages by Existing
Districts.
>- Map depicting Racial Ethnic Composition Totals and Percentages by
Existing Districts.
)> Map depicting RaciallEthnic Composition Totals and Percentages at
Census Block Group Level.
)> Map depicting Nwnber of Registered Voters in each Existing District
3
~ Map depicting Party Affiliation by Voting Precinct
~ Map depicting Voting Tnmout for past elections.
The above referenced maps will be provided in digital fonnat to the City in both PDF
format and ArcGIS or MapInfo format for dissemination. The maps will be produced in
both II"x17" and 36"x 44" media fonnat for presentation purposes.
Estimated Timeframe: February - March 2005
4. Meet With City Commissioners
The university contractor will meet with each COmmissioner to identifY and
discuss concerns regarding the redistricting process. The format and schedule of
the meetings will be based upon the following:
. Pre-Planning Meeting:
. Draft Review of Options Meeting:
. Final Review of Options Meeting:
5. Prepare and Present the Redistricting Option Maps to the City Commission
The university contractor will prepare and present several redistricting options to
the Boynton Beach City COmmission for review and comments. Each
Commissioner will be provided with a redistricting packet containing the
following items:
>- Map overlay of Proposed District Boundaries, Major Roadways, and
voting Precincts within the Districts.
~ RaciallEthnic Composition totals and Percentages by Proposed Districts.
>> Table depicting voter-related information, such as number of registered
voters per district, raciaVethnic composition of registered voters, total
registered voters, and party affiliation assigned to in each proposed option
will be provided only for redistricting options.
Estimated Timeframe:
April - May 2005
6. Review Process of Maps Submitted by Outside Parties
~ Redistricting proposals will be provided in either PDF, ArcGlS, or
MapInfo format that includes the following fields:
]) Census Block Number
2) Proposed District Number Assigned to that Census Block
3) Population Total for that Census Block
7. Review Recommendations for Revisions and Modify Approved Changes to
the Redistricting Option Maps
4
The university contractor win revise the redistricting options following input from
City of Boynton Beach officials.
Estimated Timeframe:
May - June 2005
8. Presentation of the Final Version ofthe Redistricting Option Map(s)
Based upon the comments and recommendations received from the Boynton
Beach City Commissioners, the university contractor will present the final version
of the Redistricting Options for final approval by the Commission.
PDF format for dissemination to public and other interested parties. The
university contractor will provide the ArcView GIS files to Boynton Beach GIS
for its use in disseminating information to the public
Estimated Timeframe:
May - June 2005
9. Submittal of Redistricting Map Approved by the City and Narrative
Information Regarding District Boundaries
~ The university contractor will provide approved redistricting option to the
City of Boynton Beach Development Department and the City wiIl
develop the legal narratives of each district boundaries.
)> In the event that an outside party's map is approved. the university
contractor will develop the map in Arc View GIS fonnat.
}> It is the responsibility of the outside party to provide the boundary
narratives to the City Of Boynton Beach Department of Development.
Estimated Timeframe:
May ~ June 2005
Invoicing
All materials and data files developed for the City under this agreement shall
become the sole property of the City and shall be available to the City.
Invoice for initial payment shall be sent to the Finance Director at City Hall for
service rendered through the point of submission of boundary configurations to
the appropriate city office or staff.
Invoice for final payment shall be sent to the Finance Director at City Hall upon
completion of the project. Completion shall be defined to mean the time when a
Final Report has been made to the City Commission.
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Page I of2
LeJeune, Carisse
From: Asher Soldwedel [asher.soldwedel@fau.edu]
Sent: Wednesday, January 12,20054:46 PM
To: 'LeJeune, Carisse'
Subject: RE: City of Boynton Beach Redistricting Project
Dear Ms. LeJeune,
Attached please find our proposal for creating Redistricting Options for the City of Boynton Beach. It
should be noted that because of time constraints this is a draft proposal due to the fact that our Division
of Sponsored Research has to approve the proposal before it is considered final. However, please note
that in my years of working with the University, we have never had a proposal come back with more
than procedural changes regarding payment. Thank you for your consideration.
Asher Soldwedel
Asher Soldwedel, Coordinator
Visual Planning Technology Lab
FAU Department of Urban & Regional Planning
111 East Las Olas Blvd., HEC 610
Fort Lauderdale, FL 33021
954-762-5119/ Fax 954-762-5683
wwwcW.falJA'l.<:lu
From: Lejeune, Carisse [mailto:LeJeuneC@ci.boynton-beach.fl.us]
Sent: Tuesday, January 11, 2005 4:31 PM
To: James F. Murley
Subject: City of Boynton Beach Redistricting Project
Mr. Murley.
Per our conversation. the City of Boynton Beach mailed a packet to you on 12/1 0/04.
outlining a Request for Proposal. Scope of Work. and RFP contact information for the
City of Boynton Beach's 2005 Redistricting Project. Since we have not received a
response to our inquiry. I would just like to verify that you received the packet and if
FAU is interested in submitting a proposal. Please let me know as soon as possible.
Thank you.
~ ~J/UUUt
City Manager's Office
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Ph: (561) 742.6012
Fx: (561) 742.6011
e-mail: leieune~oJQD:-J)_e-,;:!~h,n.ll_S
VIe \/iALve:
1/14/2005
Page 2 of2
D~'v'eVs,Ltv, I "'I,teOYltu, .ste\//C!(ciS~~"D Cl~"J-{ CreC!ti\/~tL1
'oj "" C) , lj
1/14/2005
v P T LAB ... Visualizing Florida's Future
Florida Atlantic University' Department of Urban & Regional Planning' College of Architeclme, Urban and Public Affairs
DRAFT
City of Boynton Beach Redistricting Project Proposal
Introduction
Working with the City of Boynton Beach Department of Development, Florida Atlantic
University (FAU) proposes to develop new districts for the City. The project will initiate 3
weeks after the approval of this contract by the City and FAU. The project will be led by the
FAU Department of Urban & Regional Planning's Visual Planning Technology Lab (VPTLAB).
The VPlLAB has developed district options for local governments in the past, including plans
for:
City of Pembroke Pines 1995, 1999,2003
City of Hollywood, 1999,2003
Palm Beach County Commission, 2001
Broward County Commission, 2000
Town of Davie, 1994, 1997,2000
Broward County School Board, 1999
Project Tasks and Time Line
1. Develop Criteria for the Redistricting Process
In advance of this proposal, the City Commission has agreed to use the following criteria
to guide the redistricting process:
. To the extent practical with existing precinct boundaries, achieve population equality
among the districts.
. Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted
through case law.
. Follow major natural and manmade boundaries.
. Maintain integrity of communities of interest, including municipal boundaries.
. Insure compactness and contiguous districts.
. Preserve the core of the existing voter districts.
2. Data Collection
FAU will rely upon the City of Boynton Beach to coordinate with Palm Beach County to
obtain geographic and attribute information relating to existing city commission
boundaries. The required redistricting data will have three (3) main elements:
geographic, demographic, and voting/election data.
a. Geographic Data
Major roadways and man made and natural boundaries. Data Source: Boynton Beach
Department of Deve/opment and/or Florida Geographic Database Library
b. Demographic Data
1. 2000 US Census Population Data Source: US Census Bureau
2. Certificates of Occupancy and County Traffic Analysis Zone (T AZ) Population
Projections. (This data will be used to update the 2000 Census population.) Data
Source: Palm Beach County Traffic and Engineering Division
3. 2000 US Census Racial/Ethnic Background Data. Data Source: US Census
Bureau
111 East las Olas Boulevard, HEC 610 . Fort lauderdale, Florida 33301
954-762-5119.954-762-5683 Fax. www.vptfau.edu
V PT LA. B ...VisualizingFlorida'sFuture
Florida Atlantic University' Departmenl of Urban & Regional Planning. College of Architecture. Urban and Public Affairs
c. Voter Reaistration and Election Information for last three 131 elections
Current Voter Registration at the Precinct Level. Data Source: Palm Beach County
SupervmorofErecffons
Estimated Time Frame: February" March 2005
3. Creation of the Current District Basemap and Support Maps
FAU will integrate the preceding geographic, demographic, and voting/election data with
GIS maps of the City of Boynton Beach. The following maps will be created:
. Current District Population Map
. Current District Racial/Ethnic Background Percentages Map
. Current Racial/Ethnic Background Percentages by Census Block Group Map
. Current District Registered Voter Tally Map
. Current Voting Precinct Party Affiliation Map
. Three (3) Voting Turnout Maps (One for each of the past three elections)
These maps will be provided to the City in both PDF and ArcGIS format for
dissemination. The printout media format will be 11"x17".
Estimated Time Frame: February" March 2005
4. Meet with City Commissioners (Pre-Planning Meetings)
Using the criteria provided by City of Boynton Beach in Task 1 and the maps created in
Task 3. FAU will meet with City Commissioners to identify preferred boundaries for
Commission districts and discuss concerns regarding the process. City staff will be
responsible for scheduling meetings and reserving meeting rooms.
Estimated Time Frame - April 2005
5. Prepare and Present Draft Redistricting Option Maps (Draft Review of Options
Meeting)
Based on information collected from the commissioners and best profeSSional judgment,
FAU will prepare and present three (3) redistricting options and submit them to the City
Department of Development to share with individual Commissioners. Individual
commissioner meetings for review and comment will then follow. City staff will be
responsible for scheduling meetings and reserving meeting rooms.
The following information will be prepared for each redistricting option:
a. Street Map depicting proposed district boundaries. Features on map will include
major roadways and manmade and natural boundaries.
b. Map depicting proposed district boundaries over existing voting districts
c. Support Data: Total population per district, registered voters per district,
racial/ethnic background data per district, and party affiliation per district.
A total of 7 redistricting mapping packets containing the above will be provided to the
City. The redistricting map packets will also be provided in digital format to the City in
both PDF and ArcGIS format.
Estimated Time Frame: April - May 2005
111 East Las Olas Boulevard, HEC 610 . Fort lauderdale, Florida 33301
954-762-5119' 954-762-5683 Fax. www.vpl.fau.edu
V PT LA B ...VisualizingFlorida'sFuture
Florida Atlantic University' Department of Urban & Regional Planning' College of Architecture, Urban and Public Affairs
6. Review Process of Maps Submitted by Outside Parties
Please see the attached addendum for process and additional funding required.
7. Review Recommendations and Modify Approved Changes to the Redistricting
Maps
FAU will revise the redistricting options as directed by the City commissioners. If needed
one additional new option may be created for a total of four (4) options.
Estimated Time Frame: May/June 2005
8. Final Review of Options Meeting
Based on information collected from the commissioners and best professional judgment,
FAU will prepare and present up to four (4) redistricting options and submit them to the
City Department of Development to share wth individual Commissioners. Individual
commissioner meetings for review and comment will then follow. City staff will be
responsible for scheduling meetings and reserving meeting rooms.
A total of 7 redistricting mapping packets containing the new options and support data
outlined in Task 5 will be provided to the City. The redistricting map packets will also be
provided in digital format to the City in both PDF and ArcGIS format.
9. Presentation of the Final Version of the redistricting Option Map(s)
Based upon the comments and recommendations received from the City Commission,
FAU will present the final version of the Redistricting Options for final approval by the
Commission. Each Commissioner will be provided with a redistricting mapping packet.
The redistricting map packets will be also provided in digital format to the City in PDF for
dissemination to public and other interested parties. FAU will also provide the option in
ArcGIS format to the City.
Estimated Time Frame: May/June 2005
10. Submit Redistricting Map Approved by the City and Narrative Information
regarding District Boundaries
FAU will submit the approved redistricting option in both ArcGIS and PDF format to the
City, who will be responsible for producing the legal descriptions br the new district
boundaries.
In the event that an outside party's map is approved, the university will develop the map
in ArcGIS format. It is the responsibility of the outside party to provide the boundary
narratives to the City of Boynton Beach Department of Development.
Estimated Time Frame: June 2005
111 East Las Olas Boulevard, HEC 610' Fort lauderdale, Florida 33301
954-762-5119' 954.762-5683 Fax. www.vpl.fau.edu
V PT LA. B ...VisualizingFlorida'sFuture
Florida Atlantic University' Department of Urban & Regional Planning' College of Architecture, Urban and Public Affairs
Project Budget
Salary (wi FICA & Benefits) 35492
Expenses 3300
Total Direct Cost 38792
University Overhead: 10% of Direct Cost 3879
TOTAL COST 42671
Invoicing
Invoicing shall be sent to the Finance Director at City Hall for Service rendered
on the following schedule:
$14,224 Completion ofTask 3
$14,224 Completion of Task 7
$14,223 Completion of Task 10 (Final Invoice)
111 East Las Olas Boulevard, HEC 610 . Fort lauderdale, Florida 33301
954-762-5119' 954-762-5683 Fax. www.vpUau,edu
v P T LA. B ...Visualizing Florida's Future
Florida Atlantic University' Department of Urban & Regional Planning. College af Architecture, Urban and Public Affairs
Addendum: Review Process of Maps Submitted by Outside Parties
FAU shall review maps submitted by other parties to determine if the proposed maps are
substantially equal in population. in accordance to criteria approved by the City. The maps
submitted by other parties must meet the following:
i. Proposed district options are provided in dBase, Microsoft Excel, andlor Microsoft
ArcGIS format that includes the following fields:
1. Census Block Numbers
2. Proposed District Assigned to that Census Block
3. Population Total for that Census Block
ii. A hard copy of the map containing the census block numbers assigned to each district.
Maps provided in ArcGIS format would also be acceptable but not required.
Maps and population information should be submitted 3-4 weeks prior to the first public
hearing on the redistricting options. This will allow F AU to verify that the proposed
options submitted by outside parties adhere to the established criteria.
Additional Funding is required for each request:
Salary (wi FICA & Benefits) 1205
Total Direct Cost 1205
University Overhead: 10% of Direct Cost 120
TOTAL COST 1325
111 East Las Olas Boulevard, HEC 610. Fort Lauderdale, Florida 33301
954-762-5119' 954-762-5683 Fax' www.vpUau.edu
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Dario Gonzalez, ABD (Co-PI) is the Computer Research Specialist for the Metropolitan
Center at Florida International University. Dario Gonzalez has over seven years of
experience employed as a GIS Analyst. He has contributed to the development of
several internet accessible, interactive mapping projects including the Metropolitan
Planning Organization's Community Characteristics Mapping Tool and the City of Miami
FEC corridor Strategic Redevelopment Plan. Dario Gonzalez is currently completing his
thesis, "Effects of Natural DisaiSters on Fixed Tenm Residential Mobility Trends."
Juan Carlos Flores is the Senior Assistant to the Director of the Metropolitan Center.
He has his B.A. in Political Science from Florida International University. He has work at
the Center for 2 years as a Student Research Assistant and he currently works on
special projects for the Director and assists in the Training Department. Some of the
special projects include the City of Miami Homeless study, West Miami Annexation, and
the Miami Springs Evaluation Appraisal Report.
Manny Diaz
Mayor, City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250 - 5300
Yolanda Aguilar, City Manager
City of West Miami
901 SW 62nd Avenue
Miami, FL 33155
(305) 266 -1122 Office
(305) 266 - 6440 Direct Line
Miguel DeGrandy, Esq.
201 South Biscayne Boulevard
Suite 2900
Miami, FL 33131-4330
(305) 444-7737 Office
Richard Perez, Esq.
General Council - Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
(850) 245-6536 Office
7
____w___.
3. The project team will present a final version of redistricting options to the
Boynton Beach City Commission. All maps and data for the final presentation
will be provided in PDF format for dissemination to public and other interested
parties.. Maps will be provided in ArcView GIS files to the Boynton Beach GIS
Department for its use and public dissemination.
4. The project team will submit the approved redistricting map of district
boundaries to the City 'of Boynton Beach.
. The project team will provide redistricting options to the Development
Department in order to develop the legal narratives of each district
boundaries
. The FlU-Metropolitan Center will convert any final map approved by the
Commission to ArcView GIS format
Task Fee
Staff and Personnel $35,000.00
Materials and Supplies $9,200.00
Meetina and Travel Time $1,500.00
Total $45,700.00
Dario Moreno, Ph.D. (PI) is the director of the Metropolitan Center at Florida
International University. He is also a professor of Political Science. Dr. Moreno has an
extensive history in annexation issues being the principal investigator for three
annexation studies (two for the City of Miami (2002, 2003) and West Miami (2004). He
was also a consultant for the Florida House of Representative (2002-3) on redistricting
and for the City of Miami on redistricting (2003). He has served as an expert witness
on four other redistricting and voting rights cases.
Augusto Newell, Ph.D. (Co-PI) is a Senior Research Associate of the Metropolitan
Center at Florida International University. Dr. Newell has six years of experience as an
analyst with Florida International University. Dr. Newell was a lead data analyst on the
City of Miami Annexation Study Part I (2002) and Part II (2003). His other areas of
specialization include housing and homelessness. performance measurement, survey
research, and GIS applications in the social sciences. Dr. Newell has also taught the
Bachelor's and Master's level Applied Statistics for Urban Research and Research
Methods courses for the past three years at FlU.
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2. Maps will be generated in both 11x17 and 36x44 formats for presentation
purposes.
Scope of Services - Phase III: Estimated Timeframe April- May 2005
For the preparation, completion and submission of the redistricting plan(s) for the City of
Boynton Beach, the FIU-Metmpolitan Center shall provide the following services during
Phase III (Preparation and Presentation):
1. Project team will meet individually with each member of the Boynton Beach City
Commission. The format and schedule of the meetings will be based on the
following:
. Preplanning meeting
. Draft review of options meeting
. Final review of options meeting
2. The FlU-Metropolitan Center will prepare and present the redistricting option
maps to the Boynton Beach City Commission for review and comments. The
project team will provide each member of the commission with a redistricting
packet containing the following items:
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. Map overlay of proposed district boundaries, major roadways, and voting
precincts within the districts.
. Racial/Ethnic Composition Totals and Percentages by Proposed Districts
. Table depicting voter-related information, including number of registered
voters per district, racial/ethnic composition of registered voters, total
registered voters, and party affiliation assigned to each district according
to each redistricting option
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Scope of Services - Phase IV: Estimated Timeframe May-June 2005
For the preparation, completion and submission of the redistricting plan(s) for the City of
Boynton Beach, the FlU-Metropolitan Center shall provide the following services during
Phase IV (Review and Revisions):
1. The project team will provide to the Boynton Beach City Commission for
review maps in both PDF and ArcGIS format that includes the following fields:
. Census Block Number
. Proposed District Number Assigned to that Census Block
. Population Total for that Census Block
2. The FlU-Metropolitan Center will make modifications and revisions to the
maps based on input from the City of Boynton Beach officials.
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Scope of Services - Phase I: Estimated Timeframe February - March 2005
For the preparation, completion and submission of the redistricting plan(s) for the City of
Boynton Beach, the FlU-Metropolitan Center shall provide the following services during
Phase I (Data Collection):
1. The project team will create a demographic profile of Boynton Beach using 2000
US Population Census Data (Public Law 94-171)
2. The demographic profile of Boynton Beach will also consist of racial/ethnic
background population data using 2000 US Population Census Data (Public Law
94-171) redistricting data universe: total population of 2 or more races.
3. The project team will update the 2000 Census Data using Palm Beach County
Traffic Analysis Zone Data (TAZ) and Certificate of Occupancy data.
4. The project team will incorporate voter registration and election information. The
registration data will use the most current voter registration information; gender,
party affiliation, and racial/ethnic composition.
5. The data gathering will also include information from two previous elections
identified by the City of Boynton Beach Department of Development for the
purposes of analyzing voter turn out
6. The project team will provide all election and voter registration information at the
precinct level.
7. The data will be gathered from the Florida Redistricting Election Data Set
(FREDS), the Florida Department of State Division of Elections, and the Palm
Beach County Supervisor of Elections.
Scope of Services - Phase II: Estimated Timeframe February - March 2005
For the preparation, completion and submission of the redistricting plan(s) for the City of
Boynton Beach, the FlU-Metropolitan Center shall provide the following services during
Phase II (Data Integration and Map Generation):
1. The project team will develop the following maps:
a. Map depicting Total Population Totals and Percentages by Existing
Districts
b. Map depicting Racial/Ethnic Composition Totals and Percentages by
Existing Districts
c. Map depicting Racial/Ethnic Composition Totals and Percentages at
Census Block Group Level
d. Map depicting Number of Registered Voters in each existing district
e. Map depicting Party Affiliation by Voting Precinct
f. Map depicting Racial/Ethnic Composition Totals and Percentages at
Census Block Group Level
g. Map depicting Voting Turnout for past elections as specified by City of
Boynton Beach Department of Development
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The Metropolitan Center at Florida International University is engaged in the
study of the demographics, economics and politics of South Florida. The overall goal of
the Center, as an "applied research" institute, is to provide decision-makers with the
best possible information to forge solutions to the problems confronting South Florida's
urban areas. Toward that goal the Center provides research, training, and technical
assistance to governmental and nonprofit institutions in South Florida. The Center
provides usable knowledge to inform decision-makers on economic development, land
use, housing. policy studies and public opinion. It also provides organizational
management planning and development to strengthen local area organizations ability to
serve their client basis.
The Center has been actively engaged in the redistricting process. It has three
assets that make it uniquely qualified in this area. First, Florida International
University's has a state of the art of the art Geographic Information Services-Remote
Sensing Center (GIS-RS). Second, the center has developed the "Metropolitan
Economic Database that offers decision makers with the most comprehensive economic
database in South Florida. Economic data will be an important component in
determining the community of interest component in the redistricting process. Third,
Dario Moreno, the director of the Metropolitan Center is a nationally recognized expert
on redistricting. He was the lead consultant for City of Miami Redistricting (2003) and
for the Florida House of Representative in the 2002 state-wide redistricting, he was an
expert witness for the Florida Department of State on voting rights for the 2004 election,
three section two cases Suarez v. Miami-Dade School Board, Diaz v. City of Miami, and
DeGrandy v. Wetherall. et al. Professor Moreno also served as a consultant to the
Florida Republican Party and the Cuban-American Caucus in the 1992 Florida
redistricting.
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Table of ConIer15
Introduction ..."....... ........... ............ ............... ............. ....... .....,.......,..,..... ....,.....,........... ......... ..... .... ... ..... ........ 3
Scope of Services - Phase I: Estimated Timeframe February - March 2005 ............................................... 4
Scope of Services - Phase II: Estimated Timeframe February - March 2005..............................................4
Scope of Services - Phase III: Estimated Timeframe April- May 2005........................................................ 5
Scope of Services - Phase IV: Estimated Timeframe May-June 2005 ......................................................... 5
Budget... ... ........ ..... ....... ........... .......... .......... .... ..... ........ ... ....... ... .....,........ ...... ...... ....... ..................... .............. 6
Primary Consultants and Sub"consultanls ...... ............. ..................,.. ......,...................... ..... ........... ............... 6
List of References. ........ ............,.....,........... ...........,........,..............,. .............,.....,.... ...... ......... ...... ....... ......... 7
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Metropolitan
Center
\
FLORlpA INTERNATIONAL UNIVERSITY
City of Boynton Beach
Redistricting Project
Prepared for:
City Manager's Office
City of Boynton Beach
P.D. Box 310
Boynton Beach. FL 33425-0310
Prepared by:
FlU - Metropolitan Center
Project Team:
Dario Moreno. Ph.D.
Augusto Newell, Ph.D.
Dario Gonzalez, Ph.D. (ABD)
Juan Carlos Flores
FWRIDA INTERNATIONAL UNIVERSITY
Wilfred Hawkins,
Assistant City Manager,
City of Boynton Beach,
PO. Box 3IO,
Boynton Beach, FL 33425-03] 0
Dear Mr. Hawkins.
Enclosed are ten (IO) copies of the proposal from Florida International University's
Metropolitan Center to provide the city of Boynton Beach technical assistance in its
redistricting process.
The Metropolitan Center is part of the College of Health and Urban Politics at Florida
International University. The center is located in downtown Miami and is uniquely
qualified in the area of municipal redistricting.
Please feel free to contact me if you need any more information at 305-349-]253.
Sincerely,
#~,.~
Dario Moreno, PhD.
Director
Metropolitan Center
150 S.E. 2nd Avonue, Suite 1201, Miami, FL 33131 . Td, 305-349-1251 . Fax, 305-349-1271 . www.fiU.edu/'IDetC11tr/
fIoOda~U~io...Equo/Oppommirri""""F.a:."Io..,....dlMti"'..,.,.TDD....FRSI-IOI).'X'i-lJ771
XI. - NEW BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinl.'! Dates in to City Clerk's Otlice Meetin!:! Dates in to Citv Clerk's Office
0 August 3, 2004 (Noon.) July 19,2004 0 OClOber 5, 2004 (Noon) September 20, 2004
0 August ]7,2004 (Noon) August 2, 2004 0 October 19, 2004 (Noon) October 4, 2004
0 September 7, 2004 (Noon) August 16,2004 ~'!:YJember 3, 2004 (Noon) October 18, 2004
0 September 21, 2004 (Noon) September 7, 2004 ~ November 16,2004 (Noon) November 1,2004
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda J:8] New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: A member of the City Commission has requested that a discussion be held regarding
Suspended Animation, Inc. Accordingly, please place this item on the November 3, 2004 Agenda under New
Business.
EXPLANATION: In a letter dated June 6,2004, the President of Suspended Animation, Inc. indicated that his
Biomedical Research and Development company, specializing in cryobiological research, had signed a letter of
intent to lease space in a facility on High Ridge Road in an M-1 zoned area. He further indicated that his company
would be seeking an occupational license to conduct research and development activities at that site.
The City's Planning Director confirmed, in a letter dated June 22, 2004, that the research and development
activities described in the letter received from Suspended Animation, Inc. appeared to coincide with the list of
approved uses in the M-1 Industrial Zoning District (Chapter 2, Section 8, A., 1., b., (11). The Zoning Code does
not further specifically define research and development.
Pursuant to the Zoning Verification letter, Suspended Animation, Inc. has applied for an Occupational License.
However, in the absence of an inspection of the facility, no license has been issued to date.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTrnNmw~
Dep ent He d's 'f!:1f
-~~~~
Department of Development
City Attorney I Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
, "
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, RorIda 33425-0310
lB.: 561-742-6260
FAX: 561-742-6259
www.boynton.beach.org
June 22, 2004
David L. Shumaker
President and CEO
Suspended Animation, Inc.
C/o Susan DeLegal
Holland & Knight LLP
One E. Broward Blvd" Ste 1300
Ft. Lauderdale, FL 33301
Dear Ms. DeLegal:
SUbject: Request for zoning approval for Biomedical Research and Development in M-1
The description of the operation proposed by Suspended Animation, Inc., as documented
in Mr. Shumaker's letter dated June 6, 2004, has been reviewed and found to coincide
with the list of approved uses for the City's M-1, Industrial Zoning District. This letter will be
kept on file as a description of the originally intended, principal use, which is to be
research and development involving cryobiological science. Please note that this review
and approval is with the understanding that storage and/or preservation of bodies or parts
thereof will remain principally for research purposes rather than for service purposes.
Please contact me should you have any questions or need further assistance with
establishing your business in Boynton Beach.
Sincerely,
W~
Michael W. Rumpf
Planning and Zoning Director
Cc: Occupational License
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SUSPENDED ANIMATION, INC.
City of Boynton Beach
Planning and Zoning Division
100 E. Boynton Beach Boulevard
Post Office Box 310
Boynton Beach. FL 33425-0310
Jlme 6, 2004
Attn: Michael W. Rumpf, Director
Dear Mr. Rumpf:
Suspended Animation (SA) is a Biomedical Research and Development company. SA bas
signed a letter of intent to lease approximately 7450 sq. ft. of space in a facility at 3020
High Ridge Road, Boynton Beach. FL. SA will be seeking an occupational license to
conduct research and development activities at this location. The location is zoned M-l,
and SA's activities are consistent with the M-l zoning regulations. A review of the
permitted uses in the M-l District reveals that research and development laboratories,
commercial testing laboratories, medical and dental laboratories, and manufacturing of
medical instruments and precision instruments are permitted. . The following description
of the use to be made by SA demonstrates that the use falls within the bolmds of these
specifically permitted uses.
SA is a small biomedical research and development company specialinng in
cryobiological research. Its primary research goal is the development and demonstration
of equipment, processes and pharmacological agents to provide reversible long term
storage of tissue, organs, and organisms using a cold temperature technique called
vitrification. This long term research effort is funded by the Life Extension FOlmdation,
of Ft. Lauderdale, a not-for-profit institute. The effort will continue for 20-40 years, The
research focuses on mitigation of ischemic damage at the cellular level and tissue
stabilization at low temperature, SA expects that over a period of 20-40 years it will
develop many cryopreservation processes and equipments, will demonstrate them, and
will license those developments to firms performing cryopreservation of tissue, organs,
and organisms. (including corneas, bone, organs, embryos, etc.). SA also occasionally
fabricates specialiu<! one-of-a-kind research equipment copies of its. own systems and
support equipments for other organizations and trains those organi7Jltions in the use of the
equipment.
SA performs laboratory research at the tissue, organ and organism level using tissue
cultures, Langendorff organ perfusion equipment, laboratory rats, pound euthanized
animals (which were previously euthanized for animal control purposes and would
\
otherwise be disposed of in landfills), and human cadaveric tissue, All human tissues
used in SA's research and development are made available through the Uniform
Anatomical Gift act and are obtained through the Florida Anatomical Board located at the
University of Florida School of Medicine. The Anatomical Board admini!lters all research
uses of human remains in Florida for the Florida Department of Health in accordance
with Sections 406.50 through 406,61, Florida Statutes.
SA's initial ischemia research will be performed using the facilities of Florida Atlantic
University. SA is in the final negotiations for an ischemia research program to be
conducted jointly with the Florida Atlantic University under a SA grant to FAU. The
effort will then be followed by continued effort at FAU and at SA's facilities as those
facilities become available. .
SA does not maintain research "nim"J colonies at its facilities but purchases and uses
small numbers of research rats on an experiment-by-experiment basis. All research is
conducted in accordance with applicable USDA and Florida regulations. SA does not
produce biological materials of any kind.
J-J",.arrlous Materials
Mixtures of cryoprotective drugs will be tested for efficacy in preserving tissue, organs
and organisms at low temperatures. Primary compounds of interest are Dimethylsulfoxide
(DMSO), glycerol, Formamide and glycols (particularly ethyl glycol). Estimated total
utilization of all such compounds is 10 gallons per month to be stored in 30 gallon steel
drums and disposed of in accordance With allloca1, state and federal guidelines.
In accordance with Chapter 64E, Florida Administrative Code, and other appropriate state
and federal regulations, bio~ous materials consisting of sharps (needles, scalpel
blades, etc,), blood and tissue, fluid soiled disposable materials, and lmim"J remains will
be disposed through a state licensed and bonded facility authorized to haul and incinerate
bio~ous wastes in accordance with Chapter 64E and other applicable regulations.
Chemical wastes such as solvents, formalin, and other small quantities of laboratory
chemicals will be hauled away from the SA facility and disposed of under contract with a
state licensed and bonded chemical waste disposal company.
Sewage Svstem. Discharge:
Water containing common household cleaners and detergents and modest amounts of
physiologic perfusate used to evaluate organs for viability following preservation
procedures will be discharged into the sewer. These physiological perfusates typically
contain a combination of small quantities (a few milligrams to grams per liter) of the
following innocuous chemicals:
Sodium Chloride
'.
.
.'
Potassiwn Chloride
Glucose
Fructose
Mannitol
Ribose
Adenine
Dextran 40 & 75 (fully biodegradable polymers of Glucose)
Magnesiwn Chloride and Magnesiwn Sulfate
Calciwn Chloride
Hydroxylated Com Starch
Sodiwn Bicarbonate
Pharmaceutical Grade Water
'These solutions are nontoxic, contain the same chemicals commonly found in foodstuffs,
and typically are not regarded as hazardous materials. It is estimated that approximately
50 gallons per year of these solutions will be properly discarded.
We wish to point out that SA is a research and development company, not a
manufacturing facility, and thus the quantities of chemical and biological wastes
generated will be minuscule compared to a health care, medical laboratory,
pharmaceutical manufacturing, or production facility.
~J()
David L. Shnmalr"t -
President and CEO
Suspended Animation, Inc.
c/o
Susan DeLegal
Holland & Knight ll.P
one E. Broward Boulevard
Suite 1300
Fort Lauderdale, Florida 33301
(954) 468-7891 (phone)
(954) 463-2030 (Fax)
Requested City Commission
Meetinl! Dates
D December 7. 2004
o December 21. 2004
D January 4, 2005
D 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
Meetinl! Dates
Date Fina] Form Must be Turned
in to City Clerk's Office
November] 5,2004 (Noon.) [8J February I, 2005
December 6, 2004 (Noon) D February 15, 2005
December 20, 2004 (Noon) D March 1,2005
January 3, 2005 (Noon) D March 15,2005
January 17,2005 (Noon)
January 31, 2005 (Noon)
February 14, 2005 (N""iij:j
c.....
February 28,2005 (Noif
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Administrative
Consent Agenda
Public Hearing
Bids
Development Plans
New Business
Legal
Unfinished Business
Presentation
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Announcement
City Manager's Report
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission tabled the second reading at the January 18, 2005 meeting. 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:
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 ..::':81.814 acres containing retail, office and
residential uses.
N/A
N/A
N/A
~
City Manager's Signature
1r-. tJ ~..-?
Planning and Zon. g 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-
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ORDINANCE NO. 04-045
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 81.814
ACRES AND LOCATED BETWEEN CONGRESS
AVENUE AND THE L WDD E-4 CANAL AND
SOUTH OF THE C-16 (BOYNTON) CANAL,
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
MODERATE DENSITY RESIDENTIAL TO
MIXED-USE-SUBURBAN; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
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21 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
22 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
23 Use Element by Ordinance No. 89-38 in accordance with the Local Government
24 Comprehensive Planning Act; and
25 WHEREAS, the procedure for amendment of a Future Land Use Element of a
26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
27 and
28 WHEREAS, after public hearing and study, the City Commission deems it in
29 the best interest ofthe inhabitants of said City to amend the aforesaid Element of the
30 Comprehensive Plan as adopted by the City herein.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S,\CA\OrdinanceG\Planning\Land Use\Boynton Village.doc
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Section I: The foregoing WHEREAS clauses are true and correct and
3 incorporated herein by this reference.
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Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
5 following:
6 That the Future Land Use ofthe following described land shall be designated as
7 mixed Use-Suburban. Said land is more particularly described as follows:
8 See Exhibit "A"
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10 Containing approximately 81.814 acres, more or less.
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12 Subject to easements, restrictions, reservation and rights of way of record.
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14 Said lands situate, lying and being in Palm Beach County, Florida.
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16 Section 3: That any maps adopted in accordance with the Future Land Use Element
17 shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
19 repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
22 the remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review,
24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
25 Planning and Land Development Regulation Act. No party shall be vested of any right by
26 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
27 all legal challenges, including appeals, are exhausted. In the event that the effective date is
s, \CA\Ordinances\Planning\Land Use\Boynton Village .doc
1 established by state law or special act, the provisions of state act shall control.
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FIRST READING this
day of
,2004.
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4 SECOND, FINAL READING and PASSAGE this _ day of
5 2005.
6 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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25 City Clerk
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Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S,\CA\Ordinances\Planning\Land Use\Boynton Village.doc
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-137{AMENDED)
TO:
Chair and Members
Planning aFd Develo ent Board and City Commission
Dick Huds , ICP
Senior Pia ner "
rv'JG.!~
Michael W. Rumpf~. \ .
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
Junc 14, 2001 December 9. 2004
PROJECf NAME/NUMBER:
Boynton Village (WAR 04-006)
REQUEST:
Amend the land use classification from Moderate Density
Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone
from R-1-AA Single Family Residential to SMU Suburban Mixed
Use
PROJECT DESCRIPTION
Property Owner:
Klatt Family Limited Partnership & Klatt Enterprises, Inc.
Applicant/Agent:
1950 Congress Avenue, LLC/Ruden, McClosky, Smith, Schuster &
Russell, P.A. (Kim Glas-Castro)
Location:
Northeast corner of the intersection of Congress Avenue and Old
Boynton Road (Exhibit "An)
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 (NO!) 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 NO!.
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.
Project 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 town homes 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: LUAR 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 "Dn to "En, without improvements to these
roadways. Congress Avenue would still operate at LOS "Dn.
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 Tum 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 GreenwavslBikewavs 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 affed 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
5:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center l\LUAR 04-006\5TAFF REPORT UPDATE.doc
...._".~~"'M',.~~~C..".....".,. "1'
DCA OB.JECTIONS ORIGINAL SOURCE RESI>ONSE
(REVIEW AGENCY)
'nconsistency with State Comprehensive Plan DCA Addressed by responding to
policies dealing with capacity of infrastructure to other obj ections, 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 ofthe 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 ofthe minimum FDOT Adjusted comprehensive plan
'ensitylintensity 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
~0S - level of service
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MASTER PLAN
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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Village
File number: LUAR 04-006
Reference: SMU
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
X
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 X
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 X
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 X
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 X
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 ohase.
UTILITIES
Comments:
6. Please provide an accurate timeline that clearly illustrates when water and X
sewer services will be required to serve the oroposed project. Your starting
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
date for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the oroject's comoletion, so olease be as accurate as possible.
7. Provide calculations showing that the proposed water mains will support the X
needed fire flows and demands.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at pennit review.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
COlllll1ents: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
10. Tabulations demonstratinl! the orooosed numbers and tvoes of dwellinl! X
I 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.
II. Master plan shows approximately 5 acres for open space concentrated at X
southeast comer of project. Although individual site plans will be required
to show full compliance with objectiveslintent 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 X
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. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined.
S:\Plannmg\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\LUAR Q4..Q06\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 adooted 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/COI\JMENTS REVIEW AGENCY RESPONSE
Uses pennitted 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 ete) categories
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 detennination 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 maD
No FLUM amendments should be adopted TCRPC The required roadway improvements are not
before amendments 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 SMU will ensure that connectivity exists and,
setbacks, architectural design, and colors are
consistent between the two develooments
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
XII. - LEGAL
ITEM A.l
ITEM A.2
Excerpt from Planning & Zoning Meeting on June 22, 2004
7. New Business:
A. Land Use Plan AmendmenURezoninq
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Village (LUAR 04-006)
Ruden, McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Between Congress Avenue and the LWDD 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; and
Request to rezone from R-1-AA single family
residential to Suburban Mixed Use (SMU)
Proposed use: Mixed-use development of :t81.814
acres containing retail, office and residential uses
Dick Hudson, Senior Planner, announced that there would be a Workshop on the
Evaluation and Appraisal Report for the Comprehensive Plan with the Planning and
Development Board at 6:30 p.m. in Commission Chambers on Tuesday, June 30th.
Mr. Hudson presented the item on behalf of staff and reviewed the boundaries of the
project. He explained that the first three items on the agenda are part of the large-scale
amendment process, and the City is limited to adopting large-scale amendments twice
yearly. After the hearing, the amendments are sent to the Department of Community
Affairs (DCA) for approval. Their report is normally sent back to the City within 60 days.
The City then has 60 days to either adopt the amendments as transmitted, or adopt with
changes, or to determine not to adopt and to notify DCA of this decision.
Chairman Wische pointed out that the City is compelled to adopt any DCA
recommendations only if it were State law. All other recommendations by DCA are just
recommendations, which was confirmed by Mr. Hudson.
Staff recommends approval of the requested land use amendment and rezoning for the
four reasons set forth in the Executive Summary of the staff report, which Mr. Hudson
read into the record, a copy of which is on file in the City Clerk's Office.
Chairman Wische next presented an overview of staffs recommendations that Mr.
Hudson had read into the record. He pointed out that the parcels subject to this land use
amendment total 81.81 acres. Due to the size of the property, the DCA classifies the
amendment as a large-scale amendment. Following local Board review and City
Commission public hearings, the large-scale amendment must be transmitted to DCA
for review for compliance with State, regional and local comprehensive plans prior to
adoption.
Chairman Wische introduced Mayor Taylor in the audience.
Chairman Wische opened the public hearing. He stressed that persons wishing to
speak should limit their testimony to the Comprehensive Plan Future Land Use
Amendment and Rezoning. No issues relating to a site plan are to be discussed.
Rod Silverio, 10 Velaire Drive, Boynton Beach, lives across the street from the site.
He inquired if there has been a traffic study on Old Boynton Road since the traffic is
already very heavy on Old Boynton Road and Congress Avenue. He noted there is a
sign at the corner alerting people that there have been seven major accidents at this
corner. Mr. Silverio felt that the new development would greatly impact traffic.
Mr. Hudson responded that a traffic study is not limited to one specific road; however, it
looks at the impact a project would have upon the entire roadway network. The traffic
analysis submitted by the applicant shows that the average daily trips generated by the
588 single-family residential units under the existing land use designation would be
4,116 daily trips. Under the proposed mixed-use designation, the average daily trips
would equal 12,780, which is a net increase of 8,664 trips. As a result, this would cause
Gateway Boulevard and Old Boynton Road to drop from levels of service "D" to "E," if
no improvements were made to these roadways. Congress Avenue, however, would
continue to be a "D" roadway, which is the adopted level of service for Congress
Avenue.
The traffic impacts were evaluated in combination with the request for the adjacent
property to the south for land use and rezoning. The applicant's traffic engineer stated
that the proposed development would only meet 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 in addition to those
proposed by the traffic engineer. Many of the improvements, including the widening of
Gateway Boulevard from four lanes to six lanes between Congress Avenue and High
Ridge Road and the widening Old Boynton Road from two lanes to five lanes between
Boynton Beach Boulevard and Congress Avenue, would require amendments to the
Palm Beach County 5-year roadway program that encompasses the years 2003 to
2008. These improvements are planned after this 5-year program. There are rights-of-
way for both of those improvements.
Mr. Cwynar asked if the 5 lanes for Old Boynton Road are already in the County's plan.
Mr. Hudson stated it is, but not within this 5-year program.
Mr. Saberson felt that the traffic impact from the two projects would be huge. He noted
that the two projects combined would have an increase of 14,000 trips per day and the
traffic engineer for the project has indicated that currently they cannot meet
concurrency. Therefore, Mr. Saberson questioned why staff did not wait to bring the
project forward in the segment that would comply with concurrency and defer the
remainder of the project that does not comply.
Mr. Hudson noted that the applicant is being asked to phase the project tied to the
improvements. Even though the project is not in the County's five-year plan, with an
amendment to the plan, it could be moved up. Further, Mr. Hudson stated that approval
of any future development increments would depend upon when the project could meet
concurrency.
Maida Daughtrey, 843 NW 11 th Street, Sky Lake, lives east of the proposed project
and has two concerns. Ms. Daughtrey was concerned with what would happen to Old
Boynton Road and the traffic. She inquired if the Board's responsibility was to be
concerned with what a developer might propose for Boynton Beach. Secondly, does the
Board feel that it needs to approve it, even though the Board may be aware that there
are no benefits to the City from a development or if the project would actually be a
detriment? She asked if there were any benefits to this particular project. Also, she did
not feel that this was a transition project from the single-family residences in Sky Lake
and the mall across the street. Ms. Daughtrey alluded to the money that would be made
from the project.
At this point, Chairman Wische instructed the speaker to limit her remarks to the
comprehensive plan. He further explained that the benefits of the project were not under
consideration by the Board. The Board is being asked to approve or disapprove staffs
recommendations.
Ms. Daughtrey inquired if staff recommended a project is there a good chance that the
project would be approved. Chairman Wische pointed out that there have been many
occasions when the Board has voted against staff recommendations. Ms. Daughtrey
inquired if the Board would be voting on the project tonight and Chairman Wische stated
that the Board would be voting on the item.
Patty Schultz, 1073 NW 11th Street, Sky Lake, lives directly east of the proposed
project and said that she spoke with the Palm Beach County Traffic and Road
Department last Friday. They informed her that the project was submitted to the City in
two separate parcels; one was the Boynton Town Center and the other was the Boynton
Village. The Palm Beach County Traffic and Road Department informed her that they
sent a letter to the City stating that the County would not allow the developer to submit
the projects separately because of the traffic issues.
She also pointed out that there were seven serious accidents last month at Old Boynton
Road and Congress Avenue. Ms. Schultz did not think widening Old Boynton Road
would cut down on accidents. She felt that adding spin off roads would only create more
traffic. She also questioned the compatibility of this project with the surrounding
neighborhoods. Almost 50% of the boundaries of the project are single-family homes.
Ms. Schultz read a quote by Commissioner Ensler that appeared in the March 26th
edition of the Sun Sentinel that was from an article about Congress Middle School
getting too close to the neighborhoods. It read, "I am concerned that we don't interfere
with the residents' lifestyle. No matter where we do development, we need to make sure
that the edges of the two work together." She would like to know how the buildings of
35' to 50' along the boundaries of the development would be compatible with one-story
homes.
Mr. Hudson responded that the communication that he received from Palm Beach
County Traffic Engineering does not deny the project. It states that "the combined
impacts of the two projects need to be evaluated on the surrounding traffic network
within the overall project radius of influence. Please combine the two projects and
resubmit." Staff has requested that the applicant follow through on this request.
Ms. Schultz further asserted that the County has not approved the traffic study for
Renaissance Commons.
Mr. Hudson responded that the traffic study for Renaissance Commons has been
approved. He further explained that the County's role is to determine whether or not the
project meets roadway concurrency. If it does not, the County has the opportunity
during the evaluation period, after the project goes to DCA, to write their objections at
that time. He anticipates that this would all be worked out between the time the
amendment is transmitted to DCA and the time it comes back for adoption in November.
Ms. Schultz presented to the Recording Secretary a sketch of how she envisions the
property being developed, a copy of which is on file in the City Clerk's Office.
Jim Wilson, 1224 Isles Court, Boynton Beach, has lived in the City for 31 years. Mr.
Wilson was in favor of widening the road to cut down on accidents and to expedite
traffic. He also was in favor of installing a median strip down Old Boynton Road and he
has spoken to other people who would also favor a median. Mr. Wilson also thought
that when the new Haitian Church is built, this would result in more traffic. He heard
that there would be several hundred people attending services.
He thought that the overall plan was good, but he did not want to see a Target built on
the corner of Boynton Beach Boulevard and Congress Avenue. Mr. Wilson thought
that if a Target were built, this would increase the traffic by several thousand vehicles.
Chairman Wische informed Mr. Wilson that this was not on the agenda tonight and he
should limit his remarks to the issues presented. Further, Chairman Wische stated that
he was unaware that Target would be moving to this development.
Since no one else wished to speak, Chairman Wische closed the public hearing.
Mr. Fitzpatrick noted that the staff report states that there is low demand for industrial
zoned property in the City. He pointed out that there has been conversion of industrial
land in the City for housing use and the City has lost industrial based property. Mr.
Fitzpatrick pointed out that many residential units, including townhouses and condos,
have been built on industrial land within the past few years, and he thinks that the units
come to approximately 3,000.
Mr. Fitzpatrick pointed out that the zoning for this land is currently medium density-
residential. He thought that there was a great demand for medium density housing in
the City. Mr. Hudson did not think there was that much demand for this type of housing.
Mr. Fitzpatrick felt that if 775 houses were built on this land that they would sell
immediately. Mr. Hudson further stated that if there was a big demand for this type of
housing, someone would have come in and asked for it.
Mr. Fitzpatrick asked what the traffic standards, "A", "B". "C", "D" and "E" stood for,
noting that "D" was the standard. Mr. Hudson responded that it would depend upon the
width of the road, the number of lanes and the amount of traffic that travels through it on
an average daily basis. Mr. Fitzpatrick inquired if the "D" standard was considered
"poor." Mr. Hudson did not have the definitions with him, but stated that "D" is the
standard for most of the County roads. Mr. Fitzpatrick wanted to know why the roads
were not rated "B" or "C" standard and Mr. Hudson stated he could not answer this
because he was not here when the levels of service were set. Mr. Hudson stated that a
traffic engineer could answer these questions for him.
Mr. Fitzpatrick inquired what "phased development" referred to. Mr. Hudson stated that
phased development is one single development project and a certain amount of square
feet could be built until something triggered to allow greater development on the parcel.
Mr. Hudson gave an example of what could trigger further development of a phased
project. Mr. Fitzpatrick inquired if the County roads were paid through the gasoline tax.
Mr. Hudson stated that if a road were in a five-year program, the County would pay for
the road.
Vice Chair Casaine pointed out that if a citizen has questions regarding any
development going up in the City, they are free to come to City Hall and speak with the
Planning and Zoning staff to determine how a particular project might impact the traffic.
Vice Chair Casaine further pointed out that when a person accepts membership on a
City Board, that person makes a commitment to uphold the quality of life of the citizens
of the City. This does not mean that the clock stops, all construction stops and there is
no more progress in the City. He pointed out that Boynton Beach is growing and both
staff and the Board members are aware of this.
He noted that they are well aware of the accidents that occur in the City and they care
about traffic. He urged any resident to come to City Hall and discuss with staff their
concerns. Everything they do is in the open. He felt that developers do what is
necessary to comply with the traffic designs to make it safe and this Board is committed
to that.
Mr. Rodriguez felt it was important that the members, as well as the residents, are
informed what the traffic grades mean. He would also like to know what happens when
a road goes from "D" to "E" and how this impacts the citizens.
Chairman Wische requested that staff furnish the Board members with a definition of all
the road grades.
Mr. Fitzpatrick said that a staff member in Planning and Zoning this morning informed
him that the County was going to reject the Winchester property traffic analysis for lack
of data. He was informed that the County felt the traffic analysis submitted was
incomplete and there were no long-range studies done. He also noted that the traffic
analysis was not done in combination with Renaissance Commons. He would like the
item tabled until the traffic analysis is completed.
Mr. Hudson explained that Renaissance Commons is a separate project and has its
own traffic impact analysis that has already been approved. Further, Mr. Fitzpatrick
wrote a letter to staff today asking that they follow through on this. Mr. Hudson stated
that they telephoned the County yesterday to determine why the County has not
submitted anything and the County informed him that they have not had an opportunity
to get to it. This morning the County called and informed him that they were going to
request additional information, but they did not state anything would be rejected.
Further, it is the responsibility of the applicant to provide the requested information.
Chairman Wische noted that the item could be tabled or the item could be approved
contingent upon the traffic report.
Mr. Saberson asked what benefit this project would be to the City. The land use
category is 7.26 units per acre and this will be going to a land use category of 20 dua
and for commercialloffice to a floor area ratio of one. The number of residential units
would go from 588 to 1,120 and 10,000 square feet of office and 149,000 square feet of
commercial. He felt that the City Commission should be prepared to answer this
question. He also recommended that the people residing in Sky Lake be informed what
kind of protection would be provided that is built into mixed-use zoning, such as
buffering, landscaping and distance requirements.
Mr. Hudson responded that all this had been reviewed when the suburban mixed-use
zoning code amendments were presented. He also pointed out that the E-4 Canal has
a right-of-way of more than 100' in addition to the 25' wide buffer required around the
perimeter of property, plus the setbacks of the single family homes in Sky Lake. Mr.
Hudson invited Mr. Saberson to stop by his office and he would review this with him.
Motion
Vice Chair Casaine moved that the request to amend the Comprehensive Plan Future
Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban; and
the request to rezone from R-1-AA single family residential to Suburban Mixed Use.
Proposed use: mixed use development of :1:81.814 acres containing retail, office and
residential uses be approved, contingent upon the clarification of the traffic analysis that
has to be completed. Motion seconded by Mr. Cwynar.
Mr. Fitzpatrick inquired if the developer would be making a presentation. Chairman
Wische did not think it was necessary since staff already made their recommendations.
Mr. Fitzpatrick had some questions that he would like to ask the developer.
Secondly, Mr. Fitzpatrick inquired who was standing before us? He had an article from
the newspaper that states the land was sold from Winchester to Compson Associates,
which is not the name on the agenda. He further inquired if Compson Associates was
involved in the project at all.
Chairman Wische noted that representatives from Compson Associates and the
Winchester family were present and inquired who owns the property at this time.
Jim Comparato of Compson Associates assumed the podium and stated that Mr.
Winchester and his wife currently own the property. Mr. Comparato stated that he was
a minority partner in the LLC that is the subject of tonight's presentation. This is a joint
venture between the Sembler Company and a separate LLC of the Compson Group.
Chairman Wische pointed out that the agenda indicates that the owner of the property is
Klatt Family Limited Partnership. Mr. Fitzpatrick stated he was merely pointing out a
discrepancy between the agenda and the Palm Beach Post. Chairman Wische said
that the members should not go by what is printed in the newspapers, but what staff
p rese nts.
Mr. Hay called for a vote on the motion on the floor.
Mr. Fitzpatrick felt that the information he was presenting was germane to the motion.
He noted that when the Board heard the Renaissance Commons project, Steve Myott
and Bill Cwynar recused themselves because they were doing work for Compson
Associates. Mr. Fitzpatrick inquired if Mr. Cwynar would be recusing himself from voting
on these items since it is the same developer.
Mr. Cwynar responded that he is not employed by, nor is he doing any work for,
Compson Associates. The work that he did in the past was completed and Mr. Cwynar
did not feel that he had to recuse himself from voting on the item since the owner is the
Klatt Family. Attorney Pawelczyk stated that if the applicant wanted to give a
presentation, they should be afforded the opportunity to do so.
Mr. Comparato responded that staffs presentation was sufficient and he had nothing
fu rther to add.
Vote
The Recording Secretary was requested to call the roll. The motion carried 6-1 (Mr.
Fitzpatrick dissenting).
Excerpt from City Commission Meeting Minutes of July 20, 2004
XII. - LEGAL
ITEM A.l
ITEM A.2
ITEM A.3
ITEM A.4
B.
Project:
Agent:
Owner:
Location:
Description:
Boynton Village (LUAR 04-006)
Ruden/ McCloskey/ Smith/ Schuster & Russell/ P.A.
Klatt Family Limited Partnership
Between Congress Avenue and the LWDD 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; and
Request to rezone from R-1-AA single-family
residential to Suburban Mixed Use (SMU)
Proposed Use: Mixed-use development of
+81.814 acres containing retail/ office and residential
uses.
c.
Project:
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 amend the Comprehensive Plan Future
Land Use Map from Moderate Density Residential
(MoDR) to Local Retail Commercial; and
Request to rezone from R-1-AA single-family
residential to C-3 Community Commercial
Proposed Use:
+25.00 acres.
Commercial retail development of
Dick Hudson/ Sr. Planner/ summarized the staff report on this item. Attorney Cherof
asked for a representative of the applicant to come forward. He further stated that item
VIII.C could be heard at the same time if the applicant had no objections.
Jim Comparato with Compson Associates, 980 N. Federal Highway/ stated he
was present to talk about the property commonly known as the "Winchester" property.
He agreed to address this item and item VIII.C concurrently.
Mr. Comparato stated that the first item was Boynton Village/ which was a property that
was designed as an 81.8-acre mixed-use development. They were asking the
Commission to consider SMU zoning on this site. The concept would be to develop
1,120 residential units together with approximately 153K sq. ft. of retail and 10K sq. ft.
of office. This project itself was a Suburban Mixed Use design, which meant that there
would be vertical as well as horizontal integration with commercial, residential, and
office in conjunction with the balance of the site. Part of the SMU zoning district and
mixed-use zoning was to create pedestrian-friendly walkways in a project that could be
viewed as something "special" and what they planned was just that. In the part of the
parcel directly adjacent to the C-3 district they wanted to have a "Village" concept. A
Village concept was essentially two residential sections running parallel to each other,
creating a streetscape. In that streetscape there would be mixed-use development such
as retail with some residential above, some office above, some individual retail, some
individual residential, and a mixed plan of development that was cohesive in making up
a new neighborhood. They planned to have three-stories with lesser density on the
parcel just east of the connector road. There was a connector road running through
the center of the 81 acres, from Old Boynton Beach Road to the Canal. They had been
told that it was in their best interest and the City had requested that they connect that
road to the existing road being built through Renaissance Commons. That would
provide a roadway system that paralleled Congress Avenue and ran from Gateway
Boulevard over to Old Boynton Beach Road.
Everything east of that on the Winchester parcel was currently planned for town home
development. The SMU district had a 55 ft. height limitation and a 75 ft. conditional
approval. They did not intend to build anything except the 55 ft. east of that roadway
system. He had spoken to Commissioner McKoy on several occasions and he had
recommended that they limit their development and build in a "wedding cake" fashion,
allowing higher structures to be put in the center of the property and lower structures
towards the exterior and perimeters.
Directly adjacent to that was the Boynton Town Center parcel, which was essentially 25
acres of C-3 development. That C-3 development was the same kind that was directly
across Congress Avenue and Old Boynton Beach Road.
When they originally came to the City, they had anticipated bringing it all in as a
Suburban Mixed Use development. Unfortunately, there was a limitation as to the size
of the anchor that could be placed on the property. They felt it was imperative to have
a "draw" to create the Village concept they wanted to create. They were proposing to
put in a big, major draw of approximately 185K to 200K sq. ft. Target was one of the
companies that they had approached, but they were considering others. Regardless of
what they did, it was important for the success of any project of this size to have a
"draw" that would bring people to the Village.
In the downtown Village on the adjacent parcel, the draw was needed to sustain the
restaurants, the small tenants, and the concept had never really changed. They had all
seen strip shopping centers that were not successful, primarily from lack of a major
draw. The tenants they had been speaking with would assure that draw.
It was Mr. Comparato's understanding that the Suburban Mixed Use proposal would be
transmitted to the DCA and during the 60-day review period, the applicant would
analyze traffic, concurrency, water, sewer, sanitary systems, and all the things that had
to be considered as part of the project. This was not an approval. At some point,
when the issues had been worked out, they would come back before the Commission
for approval. The County had announced that they would not review the project for
traffic concurrency or analysis until the City had transmitted it for review by DCA. This
was the beginning of a long review process for them and if the community had ideas
about what they wanted to see, they were very open as to how to do their site plan.
Part of their review would be a determination of whether or not they could comply with
all the regulations that would be put upon them. He offered to answer questions.
Mayor Taylor opened the floor to public comment
The following citizens spoke in opposition to this project or to various facets of it:
Kim McGow, 945 Legrace Circle
Maida Daughtrey, 843 N.W. 11th Street
Dom Desiderio, 2755 S. Federal Highway
Tom McGow, 945 LeG race Circle
Alice Shook, 1719 Wood Fern Drive
Patricia Fitzpatrick, 101 S.W. 4th Avenue
Ross Silverio, 10 Velaire Drive
Kathy Silverio, 10 Velaire Drive
Gary Lehnertz, 619 S.w. 2nd Avenue
Kay Gates
Micheline Many, 1001 Coral Court
Jim Wilson, 1224 Isle Court
The entire content of their comments is contained on the recording taken during the
meeting and would be available in the City Clerk's Office upon request.
The content of their objections is summarized as follows:
One thread that ran throughout the comments was that the residents wanted the City
to consider the well being of its citizens in terms of development that would add to the
quality of life for the citizens. Many felt that this should take precedence over economic
realities. Disappointment was expressed because the citizens felt they had been
promised something special and were now being faced with another "big box" on a
huge parking lot. Most of the comments were directed towards not wanting or needing
another large commercial business like Target, especially since the area already had a
lot of that type of business. Traffic concerns were paramount, especially along Old
Boynton Road. Also, a resident of Sky Lake stated they did not want the power lines in
their back yards to support the Motorola property and asked the Commission to look
into this. Another theme was that the City could decide not to grant the zoning, which
was seen by some to be a gift. If that "gift" were given, they wanted something in
return such as lots of green space, a park, another cemetery, a dog park, a 400 ft. wide
green path replanted with native vegetation along the two canals, another ball field, a
teen center, and other such improvements. Another citizen felt that the developers
should pay their fair share of the property tax load that resulted from the extra costs for
fire and police protection resulting from development. Another resident called for the
City to have a better vision for the community than to have it look like De/ray Beach
and Fort Lauderdale. Another resident asked for consideration for the existing property
owners who had been paying taxes for years. Consideration for the animals residing on
the property and their need to find new living quarters was also requested. People
wanted a place that was green where they could walk and ride bikes. The residents
asked the developer to consider its neighbors and do something good for all the
residents.
Alice Warren Shook apologized for her remarks during the power line discussion. She
had been uninformed about the City's position. Mayor Taylor stated that no apology
was required.
Glenn Jorgenson, Chair Elect of the Boynton Beach Chamber of Commerce,
spoke in favor of the project, stating that it would be a place where small businesses
could exist and thrive, and facilitating and encouraging small business opportunities was
the goal of the Chamber of Commerce. Also, the Chamber preferred to have a project
of this quality in place of a building (Motorola) that would probably have been vacant
for a long time.
Mayor Tay/or closed the floor to public comment.
Mayor Taylor said he had heard the comment that this was the City's land so the
developer should give the City some acres. He reminded the citizens that this was not
the City's land. It was private property. Private people could develop their land and
sell it. The City could negotiate with the developer for land, green space, a park, and so
forth, but this was not a given. He was also in favor of the amenities that the residents
had requested, but they could not be demanded.
Jim Comparato with Compson Associates, 980 N. Federal Highway, Boynton
Beach, offered to answer questions.
Mayor Taylor asked Mr. Comparato to address the comment that was made about the
project starting out to be pedestrian-friendly and changing to a different type of
development.
Mr. Comparato stated that this was a site plan issue. Their intention was to do much of
the same thing that was done at Renaissance Commons and create pathways and
bikeways and green areas throughout the project that would allow pedestrian traffic to
travel around the perimeter and throughout the residential and commercial areas. He
pointed out that Traditional Neighborhood Development called for a non-gated
community that allowed free access to pedestrians and the public and this was what
they wanted to encourage.
Mayor Taylor asked Mr. Comparato to address the buffer between the Sky Lake
property and the canal and the beginning of his property line.
Mr. Comparato stated that they would be willing to do something very similar to what
they did in Renaissance Commons and that was provide a 40' wide green space along
the eastern boundary, with a rambling path down the center of it. In addition to that
40 feet, there was also a right-of-way that was adjacent to that between the canal and
that greenway area, which would measure close to 75 additional feet from the water
line in the canal. There would really be 100 feet from the water's edge up through that
space, then the project's setbacks, and then the buildings would begin.
Mayor Taylor asked Mr. Comparato about park space.
Mr. Comparato would be happy to work with staff on all the issues with respect to parks
and try to come up with something that worked for everyone.
Mayor Taylor mentioned all the comments that had been made about traffic and he
agreed that more people equated to more traffic. However, he pointed out that the
issue at hand was a transmittal of the City's plans to DCA. The applicant would still be
responsible for working out all traffic requirements, including widening Old Boynton
Road ifthat were shown to be necessary.
Mayor Taylor stated that the City was six miles long and he could be anywhere in the
City from his house at the southern end of the City in fifteen minutes and not break the
speed limit. He did not quite believe that the City was bogged down with traffic today,
He knew that there would be more cars tomorrow, but it was the City's job to control
traffic and look ahead and plan those roads.
Mayor Taylor spoke about the comment about paying more taxes. People asked for
parks, for more to be done with the roads and high schools, to save the Woman's Club,
and the money to do that came from new business. Businesses paid the bill here and
the way the City kept the citizens' taxes down was to create new business. When next
fiscal year's budget was finalized, the residents would see that their taxes would not
rise, but would go down. Taxes were going down because the City was bringing new
businesses into the community to help do that so they did not have to go back to the
citizens for money.
Mayor Taylor agreed that a Target might move to this project. The current zoning
prevented "big boxes" and that was why the City was asking to change the zoning to C-
3. Another option would be not to grant that C-3. However, a retailer could go up two
stories, as Target did in Deerfield.
Mr. Comparato stated that this project would bring property taxes of approximately
$2.7M to $3M annually, just from the Winchester parcel. He knew that they would have
to work with the City, staff, the State, and others to resolve issues that pertained to
traffic. They would have to conform to all City Comprehensive Plan issues also, It was
their intent to address each of these items to the fullest extent of their ability.
Commissioner Ensler commented that the key to making this project look nice was to
have a design plan with nice architectural features. He wanted to see something that
the community could be proud of when it was finished.
Referring to the staff report, Commissioner Ensler commented that because of the
density for this project, Gateway Boulevard and Old Boynton Road would drop from
Level of Service "D" to "E", without improvements to these roadways. He asked for an
explanation of this.
Dick Hudson stated that the traffic would increase on those roads beyond their capacity
designated for Level of Service "D." Commissioner Ensler asked if this meant that those
two roads would have to be widened, and Mr. Hudson responded affirmatively.
Commissioner Ensler commented that the applicant's traffic analysis referred to the
necessity of widening Gateway Boulevard from four lanes to six lanes from Congress
Avenue to High Ridge Road, and the widening of Old Boynton Road from 2 lanes to 5
lanes between Boynton Beach Boulevard and Congress Avenue. He asked if that was
what they could anticipate. Mr. Hudson responded that this was the applicant's traffic
analysis. The City had not received any report from the County to verify that.
Commissioner Ensler said that since this was not in the County's Five-Year Roadway
Improvements Program (2003-2008), if the developer wanted to develop the property
within the five year period, who would pay for the widening of Gateway and Old
Boynton Road?
Mr. Hudson said they could ask for an amendment to the County's Five Year plan to
move those items up on the agenda, or they could pay for the widening themselves, if
such enhancements were determined to be necessary.
Commissioner Ensler stated that if those changes were not made, then would the
developer be limited to some lower number of units on the property and if so, what
would that number be?
Mr. Hudson stated they did not know what that number might be. That was one of the
things the County would have to tell the City. It could be limited.
Commissioner Ensler said that all the developer could do until those roads were
improved was to build to the limit of the current property without those improvements.
If no changes were made, then the number of units would not be as requested in the
plan that was provided. Mr. Hudson responded affirmatively.
Commissioner Ensler asked about the requirement for four additional Police officers and
wanted to know if that was the correct total and whether that requirement would fall in
the next budget year.
City Manager Bressner responded that the Police staff report indicated that
approximately four officers would be required. The entire assemblage of property
including the Motorola property, the Winchester property, and the Quantum property
would generate an additional district or response zone, so the total number would
probably be about 5.3 officers to cover for vacations. The timing of the need would be
based on the development cycle of the properties totally and the call volumes. He
could not say definitively whether it would be next fiscal year or not, but it would
probably be required within the next three years.
Commissioner Ensler asked for an explanation of the need for updating emergency
dispatch capability.
Fire Chief Bill Bingham stated that when discussing the impact of the properties, Fire
Rescue analyzed their call volume. If they recognized a need to shift a zone, they had
to make sure the CAD system had the capacity and the capability to make that change.
Commissioner Ensler spoke of the City's ordinance that said that the developer could
pay a fee for recreation or provide land or both. City Manager Bressner asked the
Development Department to respond to that question. Commissioner Ensler also asked
if staff had any preferences for this,
Quintus Greene, Development Director, explained the theory behind the calculations in
the staff report as it related to land dedication or impact fees, comparing the old
ordinance to the new. If the City received land instead of a fee, the value of the land
was largely determined by its zoning. If the land to the north were to be valued at
between $300-400K and the City were paid an impact fee of $784K, the City could only
afford to "purchase" about two acres of land. A dedication of land based on .015 acres
per dwelling unit would equal 16.8 acres (6 acres per 1,000 population @ 2.5 persons
per household x 1,120 units).
Under the old ordinance, the developer was given a 50% credit for some of the facilities
provided within his development. On that basis, the City would receive 8.4 acres. The
end result depended on using the old or the new formula, and how it was approached.
City Manager Bressner commented that the old formula no longer existed.
Commissioner Ensler asked Legal whether the current formula superseded the old one,
and City Attorney Cherof responded affirmatively.
It seemed to Commissioner Ensler that they would be talking about two acres. Mr.
Greene said that this depended on the ultimate valuation of the property. If it were
established at some other level, it would be different.
Vice Mayor Ferguson thought that 16.8 acres for recreation and parks amounted to
20% of the overall development and would be a dynamite" plan for Greenways and he
hoped that would occur. He was not interested in $784K and two acres of land for the
City. He'd rather keep the 16.8 acres.
Commissioner McCray stated he had lived in Boynton Beach for 50 years and had seen
a lot of growth. Many years ago, the Commission had listened to the citizens and
denied the Tradewinds development, resulting in the City being taken to court. The
developer prevailed, and the City was still paying damages on that suit. He did not
want to see history repeat itself. Boynton Beach was going to have development,
regardless of whether anyone liked it or not, including himself. As elected officials, they
lived in the City and would have to live with the results of any decisions they made. He
thought it was possible to work together to achieve smart growth.
Commissioner McKoy commented that the developer seemed willing to work with staff
on options for parks and green space, concerns that were dear to him and to the
citizens. It was obvious that development would take place, regardless of whether
anyone wanted it to happen. As overseers of that, it was important that the interests of
all the citizens were protected. He was interested in having staff looking at other
options on possible green space and/or parks for this property.
Motion
Vice Mayor Ferguson moved to approve item VIII.B. Request to amend the
Comprehensive Plan Future Land Use Map from Moderate Density Residential to Mixed
Use Suburban. Commissioner McKoy seconded the motion that passed 5-0.
Motion
Vice Mayor Ferguson moved to approve item VIII.C., request to rezone from R-1-AA
single family residential to C-3 Community Commercial for commercial retail
development of 25 acres. Commissioner McCray seconded the motion.
Commissioner Ensler asked why staff had recommended denial.
Mr. Hudson stated that staff had not recommended denial, but could not recommend
approval because they wanted confirmation from the County's Traffic Department of
the accuracy of the figures given in the applicant's traffic analysis.
Commissioner Ensler asked staff for its recommendation. Mr. Hudson said that if the
Commission wanted to consider approval of this, the development should be limited to
250K sq. ft., the figure the applicant used in its analysis, and that the Commission
require that the applicant meet the County's performance standards. Commissioner
Ensler asked if they approved it as written, if that would meet staff's objectives. Mr.
Hudson said the City had 120 days before going to final adoption on this. If the issue
had been resolved at that time, staff would recommend approval and if it had not been
worked out, it would recommend denial at that time.
Commissioner Ensler confirmed that the motion was to rezone it with a limitation of
250K sq. ft. He asked if this were acceptable. Mr. Comparato stated that it was. Mayor
Taylor commented that on the SMU, they would be limited to 120K sq. ft. In the C-3
they would be allowed to exceed the 120K sq. ft., which would allow the big box
concept that the applicant had requested. Commissioner Ensler confirmed that the
250K sq. ft. was not for anyone store, but would be for all of them put together. City
Manager Bressner confirmed that it would only apply to the C-3 portion of this project,
and not the SMU.
The motion passed 5-0.
Mayor Tay/or announced a la-minute break at 8:52 p.m. The meeting resumed at 9:05
p.m.
S: \CC\ WP\MINUTES\COMM\year 2004\BoyntonVillageBoyntonTownCenterExcerpts072004.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 7, 2004 November 15, 2004 (Noon.) [8J February 1,2005
D December 21, 2004 December 6, 2004 (Noon) D February 15, 2005
D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005
D January 18,2005 January 3, 2005 (Noon) D 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)
February 28, 2005 (Nooe[
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D City Manager's Report
XII. - LEGAL
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RECOMMENDATION: Please place this request on the Februaryl, 2005 City Conunission Agenda nnder
Legal, Ordinance - Second Reading. The City Conunission tabled the second reading at the January 18,2005 meeting. 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 LWDD 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:
N/A
N/A
N/A
~
Develop t ep City Manager's Signature
~L,)'Lj
Planning and Zo,(ffig Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\LUAR 04-006\Agenda Item Request Boynton Village Town Ctr LUAR04-
006 2nd tabled rezone 2-]-05.dot
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 04-0,",10
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AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
KLATT F AMIL Y 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.
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WHEREAS, the City Commission of the City of Boynton Beach, Florida has
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adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
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said City; and
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WHEREAS, Ktatt Family Limited partnership, owner of the property more
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particularly described hereinafter, and known as Boynton Village, has heretofore
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filed a Petition, through its agent, Ruden, McClosky, et al. pursuant to Section 9 of
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Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida,
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for the purpose of rezoning a tract of land consisting of approximately 82.076 acres,
said land being more particularly described hereinafter, from R-I-AA Single-
Family Residential to Suburban Mixed Use (SMU); and
WHEREAS, the City Commission conducted a public hearing and heard
testimony and received evidence which the Commission finds supports a rezoning
for the property hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezomng IS
S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Boynton Village.doc
1 consistent with an amendment to the Land Use which was contemporaneously
2 considered and approved at the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the
4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
5 set forth.
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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"
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14 Containing 82.076 acres, more or less.
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16 Subject to easements, restrictions, reservation and rights of way of record.
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18 Said lands situate, lying and being in Palm Beach County, Florida.
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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 - Boynton Village_doc
[I
,
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1 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
2 not affect the remainder of this Ordinance.
3 Section 7. This ordinance shall become effective immediately upon passage.
4 FIRST READING this .;;/0 day of J u\ 'f ,2004.
5 SECOND, FINAL READING and PASSAGE this _ day of
,2005.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
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22 ATTEST:
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25 City Clerk
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27 (Corporate Seal)
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 corner of the Southwest One-Quarter (1/4) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid bearing of NOI %%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 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 NOooll'03"W a distance of89.52 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 NOl 023'44"W a distance of 74.24 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 of23043'48" and a radius of556.50 feet for an arc distance of230.48 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 NOI023'03"W continuing atong 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 N87"45'57"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 ct.
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DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-137(AMENDED)
TO:
FROM:
Chair and Members
Planning and De~ent Board and City Commission
Dick HUdS~P
Senior Pla;rn'~~ll ,
rv1 Gi~
Michael W. Rumpf; \. ...
Director of Planning and Zoning
THROUGH:
DATE:
Junc 11. 2001 December 9. 2004
PROJECT NAME/NUMBER:
Boynton Village (LUAR 04-006)
REQUEST:
Amend the land use classification from Moderate Density
Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone
from R-l-AA Single Family Residential to SMU Suburban Mixed
Use
PROJECT DESCRIPTION
Property Owner:
Klatt Family Limited Partnership & Klatt Enterprises, Inc.
Applicant/Agent:
1950 Congress Avenue, LLCjRuden, McClosky, Smith, Schuster &
Russell, P.A. (Kim Glas-Castro)
Location:
Northeast corner of the intersection of Congress Avenue and Old
Boynton Road (Exhibit "A")
Parcel Size:
81.81 acres
Existing Land Use:
Moderate Density Residential (MoDR) at 7.26 dwelling units per
acre (du/ac)
Existing Zoning:
R-l-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 (Nor) 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:
'"""~'_'~"'<")'~"""""'" .' ._--> ....." -.1"
Page 6
File Number: LUAR 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 200S.)
. 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 1-200S.
Fcge 10
File Number: LUAR 04-006
': cynton 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 an, 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 "0".
ATTACHMENTS
S:\P1anning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-006\STAFF REPORT UPDATE.doc
DCA OBJECTIONS ORIGINAL SOlJRCE 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 ofthe 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 ofthe minimum FDOT Adjusted comprehensive plan
densitylintensity for each usc 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)
Functionat 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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EXHIBIT "D"
Conditions of Approval
Project name: Boynton Village
File number: LUAR 04-006
Reference: SMU
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
X
I. Provide a copy of a revised traffic analysis for this project. The traffic
analysis shall include impacts associated with full build-out of tbe 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 X
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 X
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 X
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 X
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 X
sewer services will be required to serve the proposed project. Your starting
Conditions of Approval
2
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 comnletion, so nlease be as accurate as possible.
7. Provide calculations showing that the proposed water mains will support the X
needed fire flows and demands.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TRC process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
to. Tabulations demonstrating the proposed numbers and tvoes of dwelling X
I 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.
II. Master plan shows approximately 5 acres for open space concentrated at X
southeast comer of project. Although individual site plans will be required
to show full compliance with objectiveslintent 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 2"d traffic circle (easternmost) should be the prominent focal point. The X
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 throuw the intersection.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\LUAR 04-006\SMU Master Plan\COA.doc
EXHIBIT "B"
ORe REPORT RESPONSES
I ORIGINAL SOlJRCE
DCA OBJECTIONS (REVIEW AGENCY) RESPONSE
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 oftbe 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
Uses permitted in SMU include only FDOT Adjusted comprehensive plan language to
residential and connnercial, excluding other include "residential" and "non-residential"
I nossibilities (such as institutional, civic etc) categories
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 detennination 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
10 policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented
Jesigns 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 man
No FLUM amendments should be adopted TCRPC The required roadway improvements are not
before amendments 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 SMU will ensure that connectivity exists and,
setbacks, architectural design, and colors are
consistent between the two developments
DCA - Department of Community Affairs
SFWMD - South Florida Water Management District
FOOT - Florida Department of Transportation
TCRPC - Treasure Coast regional Planning Council
LOS - level of service
XII. - LEGAL
ITEM A.3
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 Meeting: Dates
0 December 7, 2004 November 15. 2004 (Noon.) ~ 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], 2005
0 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)
C.:-~
U1
February 14,2005 (Noon5=-
...'::!fo
:z:
February 28, 2005 (Noon~
"
::it:
0 Administrative 0 Development Plans w
NATURE OF 0 Consent Agenda 0 New Business .c-
AGENDA ITEM 0 ~ en
Public Hearing Legal
0 Bids 0 Ummished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission tabled the second reading at the January 18, 2005 meeting.
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 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
~
Developmen
City Manager's Signature
kt..JL~
lanning and toning Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \LUAR 04-007\Agenda Item Request Boynton Village To\VTJ etr LUAR04-
007 2nd tabled amend 2-1-05.dot
S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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For
1 ORDINANCE NO. 04-0'-\1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING PROPERTY
5 CONSISTING OF APPROXIMATELY 25 ACRES AND
6 LOCATED THE NORTHEAST CORNER OF THE
7 INTERSECTION OF CONGRESS AVENUE AND OLD
8 BOYNTON ROAD; AMENDING ORDINANCE 89-38
9 BY AMENDING THE FUTURE I~AND USE ELEMENT
10 OF THE COMPREHENSIVE PLAN OF THE CITY
11 FOR THE PROPERTY MORE PARTICULARLY
12 DESCRIBED HEREIN; THE LAND USE
13 DESIGNATION IS BEING CHANGED FROM
14 MODERATE DENSITY RESIDENTIAL TO LOCAL
15 RETAIL COMMERCIAL (LRC); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
17 DATE.
18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
21 Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
22 Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after pub tic hearing and study, the City Commission deems it in the
26 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 THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
31 herein by this reference.
32
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
33 following:
S,\CA\Ordinances\Planning\Land Use\Boyntofl 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
10 be 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 ofthis 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
20 special act, the provisions of state act shall control.
21
FIRSTREADINGthis ~o day of Ju.J~
,2004.
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S,\CA\Ordinances\Planning\Land Use\Boynton Town Center (010705 rev) ,doc
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SECOND, FINAL READING and PASSAGE this ~ day of
,2005.
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CITY OF BOYNTON BEACH, FLORIDA
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18 ATTEST:
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21 City Clerk
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23 (Corporate Seal)
24
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\planning\Land Use\Boynton Tmm Center (010705 rev) .doc
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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 SUBDNISION 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 1 o22'46"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 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 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 N4504T05"W a distance of57.16 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 NOl o22'46"W along said right-of-way line and parallel line a distance of
957.57 feet;
THENCE N88037'14"E a distance of 962.36 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'J 6" 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 of23043'48" and a radius of 556.50 feet for an arc distance of230.48 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 of556.50 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 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 of 556.50 feet for an arc distance of J 85.15 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 24.419 Acres or.
TO:
FROM:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO, PZ 04-138
Chairman and Members
Planning and Development Board and City Commission
"[:).~
Dick Hudson, Al(:p
Senior Planner J
Kt,)Y'
Michael W. Rumpr
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 "A'')
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 (MoDR),
zoned R-l-AA Single-family Residential and proposed to be
reclassified to Mixed Use-Suburban.
South:
The right-of-way of Old Boynton Road, then a developed
commercial center (Oakwood Plaza) designated Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
East:
Vacant property designated Moderate Density Residential (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: 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 (ORC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This amendment 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
prope~ 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: 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 an, is a changing condition that could make the proposed
rezoning desirable. Also, the decreased demand for industrially-designated land, which was
seen as an alternate development option in 1989, and the increase in residential development
in the area, are changing conditions that must be considered.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The applicant has submitted estimates for water and sewer flows based on currently allowable
residential development and the proposed commercial development. These estimates show
that if the property develops as single-family residential, the demand for water will be 219,912
gallons per day (GPO) and 176,400 GPO sewer flow. Developed with retail commercial uses,
the demands for each will be lowered to 31,250 GPO. 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.B% of the total calls for service.
** Traffic related calls included in total calls for selVice
,
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 lO-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
"1"
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:\P1annlng\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\LUAR 04-007\STAfF REPORT NEW.doc
BOYNTON TOWN CENTER I
LOCATION MAP
Local Retail Commercial
Industrial
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XII. - LEGAL
ITEM A.3
ITEM A.4
Excerpt from Planning & Zoning Meeting of June 22, 2004
2.
Project:
Agent:
Owner:
Location:
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
Description: Request to amend the Comprehensive Plan Future
Land Use Map from Moderate Density Residential
(MoDR) to Local Retail Commercial; and
Request to rezone from R-1-AA single family
residential to C-3 Community Commercial
Proposed use: Commercial retail development of
:t25.00 acres
Dick Hudson, Senior Planner presented the item on behalf of staff and stated that the
location of the project was at the intersection of Congress Avenue and Old Boynton
Road. The property on the west side of the project is local retail/commercial; a portion
fronting on Congress Avenue at Old Boynton Road directly south of the property is local
retaillcommercial, and further east is high-density residential.
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
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 is a probable need for additional retail commercial development in
the Congress Avenue corridor to balance the residential development
proposed within the vicinity; and
3. The proposed commercial development will have a positive effect on the
economic development of the City; however staff recommends a condition
that commercial development on the site be limited to 250,000 sq. ft.
Mr. Hudson noted that the applicant has agreed to the 250,000 square feet limitation.
Local retaillcommercial allows a Floor Area Ratio (FAR) of 1.0 and if the project were
developed at the full FAR it would provide over 540,000 square feet of
retaillcommercial. This would be classified as a development of regional impact and
staff feels that this would be beyond the needs of the neighborhood.
Chairman Wische noted that if the item is approved, staff is recommending that as a
condition of approval the commercial development be limited to 250,000 square feet.
Mr. Cwynar inquired if the applicant was in agreement with this and Mr. Hudson stated
that they were since they have only asked for 250,000 square feet.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Chairman Wische asked the applicant if they agreed with staff. Mr. Comparato stated
that they agreed with staff.
Vice Chair Casaine wanted assurances that the traffic analysis has been addressed on
this item and Mr. Hudson stated that it had been previously addressed. Vice Chair
Casaine inquired if the project was contingent upon completion of the traffic analysis as
in the previous item and Mr. Hudson stated that it would be.
Mr. Fitzpatrick stated that he attended a meeting last Wednesday night with the new
developers. They indicated that it was possible that there would be strip malls next to
Target and he did not think this was an appropriate development in Boynton Beach. He
was not in favor of having Target move to this location, which would leave a hole at
Gateway that could devastate that entire shopping center. He further did not feel that
this would be of any benefit to the City if this were approved.
Mr. Saberson asked if the applicant agreed with the 250,000 square foot limitation and
Mr. Comparato stated that they did.
Motion
Vice Chair Casaine moved that the request to amend the Comprehensive Plan Future
Land Use Map from Moderate Density Residential (MODR) to Local Retail Commercial;
and the request to rezone from R-1-AA single family residential to C-3 Community
Commercial. Proposed use: Commercial retail development of :1:25.00 acres be
approved, contingent upon the final analysis of the traffic impact in order to make sure
that it is in compliance. Motion seconded by Mr. Hay.
Mr. Saberson requested that the motion be amended to include the limitation of 250,000
square feet. Vice Chair Casaine amended his motion to include this limitation and Mr.
Hay agreed to the amendment.
Mr. Fitzpatrick requested that the Recording Secretary call the roll.
Vote
The motion carried 6-1 (Mr. Fitzpatrick dissenting).
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meetine Dates
0 Decemher 7, 2004 November 15,2004 (Noon.) ~ February 1,2005
0 Decemher 21, 2004 December 6, 2004 (Noon) 0 February 15,2005
0 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 City Clerk's Office
January 17, 2005 (Noon)
January 31, 2005 (Noon)
February] 4, 2005 (Noorp,~
(-
February 28, 2005 (Nooti):,
\.0
0 Administrative 0 Development Plans -ry
:::i;
NATURE OF 0 Consent Agenda 0 New Business 'J.)
AGENDA ITEM 0 Public Hearing ~ Legal ~
0 0 :::t\
Bids Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 1.2005 City COnmllssion Agenda under
Legal, Ordinance - Second Reading. The City COnmllssion tabled second reading at the January 18, 2005 meeting. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138.
EXPLANA nON:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
XII. - LEGAL
ITEM A.4
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Boynton Town Center (LUAR 04-007)
Ruden. McCloskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Northeast corner of Congress A venue and Old Boynton Road
Request to rezone from R-l-AA single family residential to C-3 Community Commercial.
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Planning and ZoniJg Director City Attorney / Finance I Hwnan Resources
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007 2nd tabled rezone2-1-05.dot
Proposed use: Commercial retail development of 2:25.00 acres.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
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City Manager's Signature
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC
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1 ORDINANCE NO. 04- 0'" 8
2 AN ORDINANCE OF THE CITY OF
3 BOYNTON BEACH, FLORIDA,
4 REGARDING THE APPLICATION OF
5 KLATT F AMIL Y LIMITED
6 PARTNERSHIP t AND KI~A TT
7 ENTERPRISES, INC., AMENDING
8 ORDINANCE 02-013 OF SAID CITY BY
9 REZONING A PARCEL OF LAND
10 MORE PARTICULARLY DESCRIBED
11 HEREIN, FROM R-I-AA SINGLE-
12 FAMILY RESIDENITAL TO C-3
13 COMMUNITY COMMERCIAL;
14 PROVIDING FOR CONFLICTS,
15 SEVERABILITY AND AN EFFECTIVE
16 DATE.
17
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
20 said City; and
21 WHEREAS, Klatt Family Limited partnership I and Klatt Enterprises, Inc.,
22 owner of the property more particularly described hereinafter, and known as
23 Boynton Town Center, has heretofore filed a Petition, through its agent, Boynton
24 Beach Place, LLC/Kim GIas-Castro of Ruden, McClosky, et aI. pursuant to Section
25 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
26 Florida, fOr the purpose of rezoning a tract of land consisting of approximately
27 24.419 acres, said land being more particularly described hereinafter, from R-l-AA
28 Singte-Family Residential to C-3 Community Commerciat; and
29 WHEREAS, the City Commission conducted a public hearing and heard
30 testimony and received evidence which the Commission finds supports a rezoning
S:\CA \Ordinances\Plannmg\Rezoning\Rezoning - Boynton Town Center 1(0] ()705 rev).doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezomng 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 ORDAlNED 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.
16
17
18 Subject to easements, restrictions, reservation and rights of way of record.
19
20 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 "A" 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 - Boynton 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,ht ,2004.
7 SECOND, FINAL READING and PASSAGE this _ day of
,2005.
8
9
10
11
12
13
14
15
16
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
17
Commissioner
18
19
20
21
22
23
24 ATTEST:
25
26
27 City Clerk
28
29 (Corporate Seal)
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton TO\\i1l Center 1(010705 rcv).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 ofthe 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 o22'46"W along the West line of said Southwest One-
Quarter (1/4) of Section 20 a distance of ]222.48 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 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 paralle] line a distance of 536.02
feet to a point on the East line of said Lot 79;
THENCE NOl 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 paralle] with said centerline of Old Boynton Road;
THENCE S89048'57"W along said parallel line a distance of528.12 feet;
THENCE N45047'05"W a distance of57.16 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and paralle] 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 I ] 8.99 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 of23043'48" 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 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 of 682.00 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 of 556.50 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 ofland situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 24.4] 9 Acres x.
BOYNTON TOWN CENTER I
LOCATION MAP
Local Retail Commercial
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BOYNTON TOWN CE
LUAR 04-007
Local Retail Com erclal
25.00 acres
Industrial
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FROM:
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PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-138
Chairman and Members
Planning and Development Board and City Commission
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Dick Hudson, A.' P
Senior Planner ,
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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 (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 "An)
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 (MoDR),
zoned R-l-AA Single-family Residential and proposed to be
reclassified to Mixed Use-Suburban.
South:
The right-of-way of Old Boynton Road, then a developed
commercial center (Oakwood Plaza) designated Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
East:
Vacant property designated Moderate Density Residential (MoDR),
zoned R-l-AA Single-family Residential and proposed to be
reclassified to Mixed Use-Suburban.
West:
The right-of-way of Congress Avenue then commercial
development (restaurants) designated Local Retail Commercial
(LRC) and zoned C-3 Community Commercial.
PROPERTY OWNER NOTIFICATION
Owners of property within 400 feet of the subject rezoning were mailed a notice of this request
and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure
optimal notification to potentially affected property owners, representatives of the Laurel Hills
and Venetian Isles Homeowners Associations were also mailed separate notices despite the
location of their properties being outside the 400 foot notification boundary.
EXECUTIVE SUMMARY
In the absence of requested information regarding traffic impacts, staff does not recommend
approval of the requested land use amendment and rezoning; nevertheless:
1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of
Congress Avenue and Old Boynton Road, whereas the existing designation for single-
family residential development might be viewed as contrary to the established land use
pattern in the area;
2. There may be a probable need for additional retail commercial development in the
Congress Avenue corridor to balance the residential development proposed within the
vicinity;
3. The proposed commercial development may have a positive effect on the economic
development of the City; however, if approved staff recommends a condition that
commercial development on the site be limited to 250,000 sq. ft.; and,
Page 3
File Number: LUAR 04-007
Boynton Town Center 1
4. The proposed land use and zoning are complimentary to this segment of the Congress
Avenue corridor, which has developed into a retail commercial core as recognized
beyond the City's borders.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORe) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This amendment is a part of the second amendment cycle for
calendar year 2004. Adoption is anticipated for November 2004.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone; therefore the cited policy is not
applicable. Other Comprehensive Plan policies are applicable and reviewed below.
Policy 1.19.6 of the Land Use Element reads:
"The City shall not allow commercial acreage which is greater than the demand which
has been projected. . . The City shall not allow commercial unless a particular property
is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by
existing commercially-zoned property, and the commercial use would comply with all
other applicable comprehensive plan policies."
Section VIII. LAND USE PROBLEMS AND OPPORTUNlTlES, 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 industria/land in
Quantum Park, a mixture of uses was approved for that property which includes residential,
educational and commercial development. Other conversions of industria/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:
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File Number: LUAR 04-007
Boynton Town Center 1
YEAR TOTAL CALLS FOR SERVICE* TRAFFIC RELATED CALLS**
2001 568 89
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2002 722 135
2003 809 219 ----
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Shoplifting accounts for 50.8% of the total calls for service.
** Traffic related calls included in total calls for service
*
In addition to the super center, there will be smaller commercial uses as a part of the complex
and in the adjacent Boynton Village mixed-use development. These businesses will generate
approximately 81 calls per year. Coupled with the 1,120 dwelling units, also associated with the
Boynton Village development, the data indicate that an additional Uniformed Services patrol zone
may have to be initiated and manned to provide police services to the residents and businesses
on the site. This will require 4 additional police officers to man the new zone.
Fire-Rescue indicates that increases in population density and commercial development also
increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to
maintaining desired response time. It is imperative that 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 bU. 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 I 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
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D December 7, 2004 November 15,2004 (Noon.) ~ February 1,2005
D December 21, 2004 December 6, 2004 (Noon) D February 15, 2005
D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005
D January 18,2005 January 3, 2005 (Noon) D 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 (NOOQ)..
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D D '.D
Administrative Development Plans
D D v
NATURE OF Consent Agenda New Business :it:
AGENDA ITEM D Public Hearing ~ Legal Cd
D Bids D Unfinished Business ..,..
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D Announcement D Presentation
D City Manager's Report
XII. - LEGAL
ITEM A.S
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RECOMMENDATION: Please place this request on the February I, 2005 City Commission Ageuda under
Legal, Ordinance - Second Reading. The City Commission tabled the second reading at the January 18,2005 meeting. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-134.
EXPLANATION:
PROJECT:
Comprehensive Plan Text Amendments (CPT A 04-002)
Suburban Mixed Use
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.
OWNER:
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:~ N/A
'dt?tV ~" '-
Developm epa eut Director C.ty Mauager's Signature
p~nn~ :::.Zo~i:ector City Attorney / Finance / Human Resources
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I ORDINANCE NO. 04 - Q1q
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING POLICY 1.16.1 OF
5 THE FUTURE LAND USE ELEMENT BY ADDING
6 A MIXED USE-SUBURBAN (MX-2*) LAND USE
7 CATEGORY; PROVIDING FOR CONSISTENT
8 ZONING DISTRICTS, ALLOWED USES,
9 DENISITY AND INTENSITY OF DEVELOPMENT;
10 PROVIDING FOR CONFLICTS, SEVERABILITY,
II AND AN EFFECTIVE DATE.
12
13 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
15 1.]6.1, pursuant to Ordinance 89-38 in accordance with the Local Government
16 Comprehensive Planning Act; and
17 WHEREAS, after public hearing and study, the City Commission deems it to be
18 m the best interest of the inhabitants of the City to amend the text of Ihe City's
Comprehensive Plan by amending Policy 1.16. ], as provided herein; and
WHEREAS, it is the recommendation of staff that a text amendment to Policy
1.16.1 be made to add a Mixed Use-Suburban (MX-S) land use category, to provide for
consistent zoning districts, allowed uses, density and intensity of development; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
That Objective 1.16 of the Comprehensive Plan
shaH be amended by adding the words and figures
in underlined type, to read as foHows:
Policv I.] 6.] The City shaH 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)
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] 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 onlv be applicable to lands located
6 west ofI-95. and shall consist of the SMU Suburban Mixed Use zoning districts and/or
7 anv zoning district(s) which mav 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
11 The land use category allows for a diversitv of land uses and accommodates and
12 encourages a mixture of uses. which mav be arranged either verticallv or horizontallv
13 along major arterial roadwavs. All land development located in the Mixed Use-
14 Suburban category shall be required to submit a master plan that includes a unified plan
]5 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.
]8
] 9 The uses allowed in this land use category shall be limited to. but shall not necessarilv
20 include the following:
21
22 All uses located in the Loca] Retail Commercial land use category and all uses located
23 in the High Densitv 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. Densitv 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. roadwav areas. parks. drainage. wetlands. or recreation tracts
36 shall be excluded.
37
38
39 The mix of uses proposed for anv land development located in the Mixed Use-
40 Suburban category shall be reviewed for aesthetics. design Qualitv and phvsical
41 compatibilitv with adiacent land uses: and shall conform to anv adopted design
42 plan(s) for the area covered bv the category.
43
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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 AND PASSAGE this _ day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
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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 only be applicable to lands located west of 1-
95. and shall consist of the SMU Suburban Mixed Use zoninq districts andlor anv zoninq
district(s) which may be established in the future provided that the abovementioned zoninq
districts are shown on the Future Land Use Map within the Mixed Use-Suburban land use
cateqorv .
The land use cateoorv allows for a diversitv of land uses and accommodates and encouraqes a
mixture of uses. which mav be arranqed either verticallv or horizontallv alono maior arterial
roadwavs. All land development located in the Mixed Use-Suburban cateoorv shall be reauired
to submit a plan that includes a sinale unified plan for the proiect. which encouraoes svnerav
between proposed uses. promotes pedestrian or multi-modal Iinkaoes. maximizes usable open
spaces and public spaces. and establishes desion obiectives for the proiect.
The uses allowed in this land use cateoorv shall be limited to. but shall not necessarilv include
the followino:
All uses located in the Local Retail Commercial land use cateqorv and all uses located in the
Hioh Densitv Residential Land Use Cateaorv. subiect to desiqn reouirements and performance
standards contained in the Land Development Reaulations: however. residential densities UP to
20 dwellino units per acre (based on the qross acreaoe of the proiect) are permitted. A
maximum Floor Area Ratio (FAR) UP to 1.0 (based on the gross acreage of the proiect) mav be
considered for all uses. exclusive of parkino structures. throuohout the Mixed Use-Suburban
land use cateaorv.
Land use activities shall be illustrated on the master plan and are permissible accordinG to the
followino ranoes. expressed as a percentaoe net area in this plan cateoorv. which does not
include areas dedicated solelv to roadways. drainaoe or recreation tracts. The percentaoes
shall re~uire development with a mixture of such uses.
For a proiect containino 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 sino Ie-use residential: and.
Maximum net land area of 20% can be single-use commercial.
Page 3
File Number: CPTA 04-002
Mixed Use-Suburban
The cumulative develoDment in these areas shall be monitored with each site Dlan to ensure
that the DroDortion of mixed uses is maintained.
The mix of uses DroDosed for anv land develoDment located in the Mixed Use-Suburban
cateqorv shall be reviewed for aesthetics, desiqn quality and Dhvsical comDatibility with
adiacent land uses: and shall conform to anv adoDted desiqn Dlan(s) for the area covered by
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.
ATTACHMENTS
S:\Planning\SHAREO\WP\PROJEcrS\Boynton Village-Boynton Town Center l\CPTA 04-002\STAFF REPORT CPTA.doc
Ranges of Allowab]e 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 plan(s) for the area covered by the
category.
Mixed Use-Suburban: This land use category shall only be applicab]e to lands
located west of 1-95, and shall consist of the SMU Suburban Mixed Use
zoning districts and/or any zoning district(s) which may be established in the
future provided that the abovementioned zoning districts are shown on the
Future Land Use Map within the Mixed Use-Suburban land use category.
The land use category allows for a diversity of land uses and accommodates
and encourages a mixture of 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 master plan
that includes a unified plan of development 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. Residentia]
densities up to 20 dwelling units are permitted. A maximum Floor Area Ratio
(FAR) up to 1.0 is permitted for all non-residential uses, exclusive of parking
structures, throughout the Mixed Use-Suburban land use category. Density
and FAR shall be calculated based upon the gross acreage.
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
1-2]a
Date: January 18, 2005
Future Land Use Element
Ordinance No. 04-049
The following percentages, calculated as a percentage of the net area, shall be
met in designing the mixture of uses:
High Density Residential: 30%-70%
Local Retail Commercial (including office development): 30%-70%
In calculating the net area, roadway areas, parks, drainage, wetlands, or
recreation tracts shall be excluded.
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; and shall conform to any
adopted design plan(s) for the area covered by the category.
General Commercial: This land use category shall consist of all C-4 General
Commercial zoning districts, and any other zoning districts which may be
established, including Planned Commercial Development districts, which are
similar in character to the C-4 district, provided that all of the abovementioned
zoning districts are shown on the Future Land Use Map within the General
Commercial land use category.
The uses allowed in this land use category shall be limited to, but shall not
necessarily include, the following:
All uses allowed in the Local Retail Commercial land use category, plus
wholesale of non-hazardous commodities, business services, vehicle and boat
storage; household storage; shops for fabrication, rebuilding, and repair on a
custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for
general commercial uses
Industrial: This land use category shall consist of all M-l and Planned
Industrial Development zoning districts, and any other industrial zoning
districts which may be established, provided that all of the abovementioned
zoning districts are shown on the Future Land Use Map within the Industrial
land use category
The uses allowed in this land use category shall be limited to, but shall not
necessarily include, the following: Industrial uses, research and development,
wholesale and distribution, business and repair services, warehousing and
storage; transportation, communication, and utility facilities, retail sale of
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
l-2lb
Date: January] 8, 2005
Future Land Use Element
Ordinance No. 04-049
XII. - LEGAL
ITEM A.S
Excerpt from Planning and Zoning Meeting on June 22, 2004
B. Comprehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Text Amendments (CPTA 04-
002) Suburban Mixed Use
City-initiated
Owner:
Description: Request to amend Policy 1.16.1 of the Future Land
Use Element by adding a Mixed Use-Suburban land
use category, providing for consistent zoning districts,
allowed uses, density and intensity of development
Dick Hudson, Senior Planner, presented the item on behalf of staff. When the City
originally developed the suburban mixed-use zoning category, it was only applied to the
DRI land use. It has since been determined that there are areas where this should be
applied. Staff looked for another land use category and have added a mixed-use
category entitled suburban mixed-use, which the Board is being asked to approve. To
date, mixed use has only been used in redevelopment east of 1-95, but with the
redevelopment of the Motorola site, the possibility exists that it could be used on this
site as well, which is also a DRI.
Mr. Hudson noted that at some point, some of the strip malls would become obsolete
and this would provide an opportunity to redevelop those as well. This type of
development offers the internal recapture of trips; whereas the current developments
require people to drive to shop elsewhere. Mixed-use development would provide
amenities where people would not have to drive to shop.
Mr. Hudson referred to the proposed text that would go into the Comprehensive Plan
that is in staff's report. The new sections to be added are "underlined." It includes 20
dua and permits a floor area ratio of 1.0 to be considered. Land use ranges have been
included that would permit residential between 30% to 70% and commercial (including
office development) at 30% to 70%. Staff recommends approval.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Mr. Fitzpatrick asked what the difference was between "urban" and suburban." Mr.
Hudson stated that it was the intensity with which it is developed. Mr. Fitzpatrick
inquired when 20 dua became a standard for suburban development. Mr. Hudson
responded that staff feels that this is a maximum that it could go to. Further, Mr. Hudson
noted that density is relative and in some areas 150 units per acre is high density,
whereas others may say 10 units is high density. He felt that it would depend upon the
character of the community.
Mr. Fitzpatrick inquired if there was a definitive characterization of "suburban." Mr.
Hudson stated that suburban is usually low density, single-use development spread
over large areas of land (sprawl). Mr. Fitzpatrick felt that the item presented does not
rneet the definition of suburban and that it should be called something else, rather than
"suburban."
Chairman Wische noted that Mr. Fitzpatrick should have brought these questions to
staff previously and not cross-examine staff during the hearing. Chairman Wische felt
that Mr. Fitzpatrick's questions had nothing to do with what is before the Board, which
Mr. Fitzpatrick disagreed with.
Mr. Rumpf, Planning and Zoning Director, stated that these definitions are from old
theories. He explained that there are suburban and rural categories that covered vast
portions of a scale that could be made up of varying densities in each of those
categories. He confirmed what Mr. Hudson had stated that there is no definition of
densities and it is relative.
Mr. Fitzpatrick stated that there was no greenspace included in the definition. Mr. Rumpf
responded that the open spaces are more specifically defined in the zoning regulations.
Mr. Fitzpatrick thought that if this definition were accepted, it could be used to convert
private city golf courses into developments. Chairman Wische informed Mr. Fitzpatrick
that he was asking hypothetical questions that did not apply to the item being heard by
the Board.
Chairman Wische declared that Mr. Fitzpatrick out of order and called for a motion.
Motion
Mr. Hay moved that the request to amend Policy 1.16.1 of the future Land Use Element
by adding a Mixed Use-Suburban land use category, providing for consistent zoning
districts, allowed uses, density and intensity of development be approved. Motion
seconded by Mr. Cwynar.
Mr. Fitzpatrick requested that the Recording Secretary call the roll.
Vote
Motion carried 6-1 (Mr. Fitzpatrick dissenting).
s: \CC\ WP\MINUTES\PDB\2004\musublanduseexcerpt062204.doc
Excerpt from City Commission Minutes of July 20, 2004
VIII.L. Project:
Owner:
Description:
Comprehensive Plan Text Amendments (CPTA
04-002) Suburban Mixed Use
City-Initiated
Request to amend Policy 1.16.1 of the Future Land
Use Element by adding a Mixed Use- Suburban land
use category, providing for consistent zoning districts,
allowed uses, density and intensity of development
Dick Hudson, Senior Planner, presented the highlights of the Staff Report. Currently, the
mixed-use land use designation was intended for application in the downtown in the
Community Redevelopment Area. The proposed sub-category would establish a mixed-
use designation for areas in the City west of 1-95. It had also been applied to the DRl
Land Use amendment that was up for adoption later in the meeting.
Commissioner Ensler asked for an explanation of the reference to a "single unified
design required to conform to any adopted design plans."
Mr. Hudson responded that if design standards were adopted later, they would apply.
There would be certain design elements that the SMU developer would propose that
would be carried out throughout the development; however, staff would have to
approve them and bring them to the Commission for approval.
Commissioner Ensler confirmed that at Site Plan review, the Commission could ask what
the design plan was for the project. Also, Mr. Hudson stated that they would expect to
see themes and colors carried out throughout the development.
Mayor Taylor opened the floor to public comment and closed it when no one wished to
speak.
Motion
Commissioner Ensler moved to approve Item VIILL., request to amend Policy 1.16.1 of
the Future Land Use Element by adding a Mixed Use-Suburban land use category,
providing for consistent zoning districts, allowed uses, density and intensity of
development. Vice Mayor Ferguson seconded the motion that carried 5-0.
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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 Meetinl! Dates
0 December 7, 2004 November 15, 2004 (Noon.) !:><:l 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
0 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 (NOOlV:-,
',.,,;'
February 28, 2005 {Noorf1;;
Z
\.D
0 Administrative 0 Development Plans ::s!
NATURE OF 0 Consent Agenda 0 New Business -
AGENDA ITEM (...)
0 Public Hearing !:><:l Legal ,-
0 Bids 0 Unfinished Business OJ
0 Announcement 0 Presentation
0 City Manager's Report
XlI. - LEGAL
ITEM A.6
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RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission tabled the second reading at the January 18,2005 meeting. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-166.
EXPLANATION:
PROJECT:
Comprehensive Plan Text Amendments (CPT A 04-004)
Figure 4-Functional Classification of Roadway Map
City-initiated
Request to update Transportation Element data and analysis Figure 4 (Functional
Classification of Roadways Map) by adding two roadway segments classified as Local
Collectors, thereby making these corridors eligible for redevelopment using the mixed use
low zoned district.
OWNER:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
ent Department Director City Manager's Signature
'~rJ -r Il_
Planning and z;;J;V;tirector City Attorney / Finance / Human Resources
S:\PJanning\SHARED\WP\SPECPROJ\CPTA\04-004 Funct.Class Map\Agenda Item Comprehen.Plan Text Amend,FigA Functional Class Roadway Map
tabled 2-I-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
"
.,
] ORDINANCE NO. 04- 058
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA APPROVING THE PROPOSED
5 AMENDMENT TO THE FUNCTIONAL
6 CLASSIFICATION OF ROADWAYS MAP IN THE
7 SUPPORT DOCUMENTS FOR THE
8 TRANSPORTATION ELEMENT OF THE
9 COMPREHENSVIE PLAN; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, AND AN
1I EFFECTIVE DATE.
]2
]3 WHEREAS, the existing Functional Classification of Roadways Map
]4 (Figure 4) attached as Exhibit "A" in the Transportation Element support
]5 documents was amended with the EAR related amendments in June 2000; and
] 6 WHEREAS, the map was based on the Palm Beach County Functional
17 Classification Map from 1996, however since that time the County's map has
] 8 bccn updated using a different legend than that used in earlier versions of the
]9 map; and
20 WHEREAS, staff is also recommending the addition of two local streets
2] 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 Bou]evard and Southeast 12th 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\Ordinances\Planning\Amdment to Map ~ Transportation Element.doc
allow redevelopment ofthese 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"
II
roads will enable redevelopment of two areas ofthe 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 ].
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
Z2 Collector" roads to enable redevelopment of two areas of the City consistent
23 with adopted redevelopment.
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Section 3.
All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this Ordinance are hereby repealed.
Section 4.
Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder ofthis Ordinance.
Section 5.
This Ordinance shall become effective immediately.
FIRST READING this aO day of July, 2004.
SECOND, FINAL READING AND PASSAGE this ~ day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc
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BOYNTON BEACH COMPREHENSIVE PLAN
FUNCTIONAL CLASSIFICAnON OF ROADWAYS 2000-2010
FIGURE 4
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-166
TO:
FROM:
Chair and Members
Communi~re~~[ojm1ent Agency Board
Dick HUds~nior Planner
Michael W. Rumpr\~\':;(;
Director of Planning and Zoning
THROUGH:
DATE:
June 30, 2004
SUBJECT:
Functional Classification Map Amendment (CPTA 04-004)
INTRODUCTION
The existing Functional Classification of Roadwavs Map (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 legend than that used in earlier versions of the map. Staff
is also proposing the addition of two local streets to be designated "Local Collector" roadways, a
classification that does not appear on State or County maps since the designation of Local
Collector roads is a prerogative of the City. Those two streets are Southeast 4th Street between
Boynton Beach Boulevard and Southeast 12th Avenue, and Martin Luther King Junior Boulevard
between Federal Highway and Seacrest Boulevard (circled on attached map, Exhibit B).
PROCEDURE
As with all Comprehensive Plan text amendments, changes to the Plan's support documents are
restricted to the twice-yearly cycles of "Large-Scale" amendments. Following approval by the
City Commission, they will be transmitted to DCA and other state, regional and local agencies
for review and comment prior to final adoption.
ANALYSIS
By definition, "Local Collector" roads are designed to carry moderate volumes of traffic from
other collector roads and local roads to the arterial road network. They generally carry traffic
originating in one location within a municipal boundary, destined for another location within the
municipality. Both of the roadway segments that are being designated function in accordance
with the definition.
The designation of these two roadways will support redevelopment through implementation of
redevelopment plans. Future rezoning of parcels fronting on these roadways to the Mixed Use-
Low Intensity zoning district will allow redevelopment of these properties to occur at a
maximum of forty-five feet (45') in height and up to twenty dwelling units per acre (20 du/ac),
Page 2
File Number: CPTA 04-004
Functional Classification of Roadways Map
This intensity of development is consistent with adopted redevelopment plans for the areas and
is not intended for parcels with frontage on local streets.
RECOMMENDATION
Staff recommends approval of the proposed amendment to the Functional Classification of
Roadways Map (Figure 4), found in the Support Documents for the Transportation Element of
the Comprehensive Plan. The amendments to the map utilize the same designations used by
Palm Beach County and the designation of two segments of roadways as "Local Collector" roads
will enable redevelopment of two areas of the City consistent with adopted redevelopment
plans.
ATTACHMENTS
S:\f'lanning\SHARED\WP\5PECPROJ\(PTA\04-004 Funct.Class Map\STAFF REPORT (PTA.doc
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C - CITY ClU.EC1~
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Functional Classification of Roadways FortMyers,F1orida, 2000
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BOYNTON BEACH COMPREHENSIVE PLAN
FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000-2010
FIGURE 4
XII. - LEGAL
ITEM A.6
Excerot of Plannina & Develooment Board Meetina Minutes of June 22. 2004
2.
Project
Comprehensive Plan Text Amendments (CPTA 04-
004) Figure 4-Functional Classification of
Roadway Map
City initiated
Owner:
Description: Request to update Transportation Element Data &
Analysis Figure 4 (Functional Classification of
Roadways Map) by adding two roadway segments
classified as Local Collectors
Mr. Hudson reported that the item was moved to the Community Redevelopment
Agency since it only affects roadways within their jurisdiction.
Excerpt from July 13, 2004 CRA Meeting
B. Comprehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Text Amendments (CPTA
04-004)
City-initiated
Owner:
Description: Request to update Transportation Element data and
analysis Figure 4 (Functional classification of
roadways Map) by adding two roadway segments
classified as Local Collectors
Dick Hudson, Sr. Planner, presented the staff report. The passage of this item would be
an aid to redevelopment in two areas of the City. Staff recommended approval of this
item.
Chair Heavilin opened the floor for public comment. Hearing none, the floor was
closed.
Motion
Vice Chair Tillman moved to approve the request to update Transportation Element
Data and Analysis Figure 4 (Functional Classification of Roadways Map) by adding two
roadway segments classified as Local Collectors. Ms. Horenburger seconded the motion
that passed 7-0.
Excerpt from City Commission Meeting Minutes of July 20, 2004
I.
Project:
Comprehensive Plan Text Amendments (CPTA
04-004) Figure 4-Functional Classification of
Roadway Map
City-initiated
Request to update Transportation Element data &
analysis Figure 4 (Functional Classification of
Roadways Map) by adding two roadway segments
classified as Local Collectors
Owner:
Description:
Dick Hudson, Sr. Planner, stated that this action would update the classification map to
provide consistency with Palm Beach County's map. It would also allow for development
under the Mixed Use Low Intensity Ordinance, which was in keeping with the adopted
Redevelopment Plans for these areas.
Mayor Taylor opened the floor for public comment, and closed it when no one came
forward.
Motion
Vice Mayor Ferguson moved to approve Item VIII.!, request to update Transportation
Element data and analysis Figure 4 (Functional Classification of Roadways Map) by
adding two roadway segments classified as Local Collectors. Commissioner McCray
seconded the motion that passed 5-0.
Requested City Commission
Meeting Dates
o December 7, 2004
o December 21, 2004
o January 4, 2005
D January 18, 2005
NATURE OF
AGENDA ITEM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.7
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
November 15, 2004 (Noon.) 1:8]
December 6, 2004 (Noon) D
December 20, 2004 (Noon) 0
January 3, 2005 (Noon) D
February 1,2005
January 17,2005 (Noon)
February 15, 2005
January 31,2005 (Noon)
March 1,2005
February 14, 2005 (Noon)
February 28, 2005 (NoOll;l,
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March 15,2005
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
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Development Plans
New Business
'-.D
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Legal
Unfinished Business
Presentation
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RECOMMENDATION: Please place this request on the February I 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission tabled second reading at the January t8, 2005 meeting. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-163.
N/A
N/A
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DevelopmentDepa ent Director
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Planning and Zor/Jg irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CPT A\04-OO3 TCEA\Agenda Item Request Transport Concurrency TCEA CPTA 04-003 tabled 2-1-05.dot
EXPLANATION:
PROJECT:
OWNER:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Transportation Concurrency Exception Area (TCEA) (CPTA 04-003)
City-initiated
Request to amend existing and add new Objectives and Policies in the Transportation
Element designating a portion of the Community Redevelopment Area as Transportation
Concurrency Exception Area (TCEA) to facilitate development and redevelopment of
properties located within the TCEA.
~.
City Manager's Signature
S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. o4-o5Q
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,
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Florida ("City") has adopted a Comprehensive Plan, and as part of said plan,
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adopted Goal 2, Transportation E]ement Goals, Objectives and Policies; and
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WHEREAS, over the past several years, the Community Redevelopment
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Agency has initiated several redevelopment plans with the intent to build a
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livable, sustainable community and provide a catalyst for redevelopment and
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growth within the Community Redevelopment Area (CRA); and
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WHEREAS, the redevelopment plans promote and increase residential
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densities and commercial intensities in an integrated mix of land uses than
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enhance non-automobile modes of travel; however we are aware that the
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redevelopment plans will ultimately generate additional vehicular traffic impacts
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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 in fill development and
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S:\CA\Ordinances\PIanning\TCEA Camp Plan Amendment(010705 rev),doc
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redevelopment while minimizing the negative consequences of transportation
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concurrency; and
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WHEREAS, staff recommends approval of Comprehensive Plan Text
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Amendments to establish a Transportation Concurrency Exception Area (TCEA)
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in portions of the Community Redevelopment Area of the City to give the City
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and the CRA an essential tool to meet the goals of infill development and
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redevelopment while minimizing the negative consequences of transportation
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concurrency.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY
to
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
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THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and are
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now ratified and confirmed by the City Commission.
Section 2.
That the Comprehensive Plan, shall be amended by
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adding the words and figures in underlined type, and by deleting the words and
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figures in struck ~through type, as follows:
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SEE EXHIBIT "A" A TT ACHED HERETO
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Section 3.
All laws and ordinances applying to the City of Boynton
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Beach in conflict with any provisions of this Ordinance are hereby repealed.
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Section 4.
Should any section or provision of this Ordinance or any
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portion thereof be declared by a court of competent jurisdiction to be invalid,
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such decision shall not affect the remainder ofthis Ordinance.
S:\CA\Ordinances\Planning\TCEA Comp Plan Amendment(010705 rev).doc
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Section 5.
This Ordinance shall become effective immediately.
FIRST READING this ~ day of July, 2004.
SECOND, FINAL READING AND PASSAGE this _ day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\Ordinances\Planning\TCEA Comp Plan Amendment(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 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 withiu the transportation concurrencv exception area (TCEA)
and desil!nated constrained roadwavs at a lower level of service
(CRALLS):
. Level of Service "GD" or better uUller daily and peak bour
conditions on all unspecified City and collector bigbway facilities.
. Level of Service "C" for average daily aud Level of Sen'iee "D"
for daily-peak season and year rouud peak bour conditions on all
B6-!!!!.specified arterial facilities.
. Level of Service "D" for year round daily and peak bour
conditions on Seaerest Boulevard south of SE 23rd ~\venue, US I
between Boynton Beach Boulevard and Woolbright Road, 1-95
tbrough the City, Boynton Beacb Boulevard from Old Boynton
Road to 1-95, NW 22nd Avenne between Congress Avenue and 1-
95, Congress Avenue between Boynton Beacb Bonlevard and NW
22nd Avenne and Boynton Beach Boulevard east ofI-95.
DLevel of Service "Maintain" 1 95 from Boynton Beach Boulevard to
~roolbright Road, Boynton Beach Boulevard from Old BOj'ntou
Road to 1 95, Congress !.venue from Boynton Beach Boulevard to
the south City limits aud HYJloluxo Road east on 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 public adequate motor vehicle
transportation facilities needed to maintain the minimum level of service
adopted by the City, except proiects located within the transportation
concurrencv 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
Roadwavs At a Lower Level of Service (CRALLS).
Policy 2.13
The City shall continue to annually identifY Backlogged and Constrained
facilities and roadways operating below their adopted Level of Service.
Through the continued monitoring of area-wide traffic conditions, and
requirements for development project traffic studies, highway
improvements and phased traffic impacts, the City shall only approve
additional development projects which would "Maintain" operating
conditions on Backlogged and Constrained facilities, except within
TCEAs and CRALLS, and not 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, ]992 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.
Policv 2.] .6
A transportation concurrencv exception area (TCEA) is herebv established
and designated for a portion of the Bovnton Beach Communi tv
Redevelopment Area (CRA) as shown in Exhibit TE-1. The TCEA shall
be limited to the maximum allowable number of units. square footage.
total dailv trips. and total pm peak hour trips identified in Table TE-1.
Anv proiect utilizing the TCEA and significantlv impacting the Florida
Intrastate Highwav System (FillS) shall be required to address its impacts
on the FillS as required bv Palm Beach County. In return, the Citv will
activelv pursue the goals. obiectives, and policies contained herein to
create sustainable development patterns within the CRA supportive of
walking, bicvcling. and public transit.
Policv 2.1.7
Beginning March 1. 2006. the Citv 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 Countv Planning Director for
review.
Policv 2.1.8
Development approvals utilizing the TCEA shall remain at or below the
maximum allowab]e limits for units. square footage. total daily trips and
total p.m. peak hour trips set bv Table TE-I. No building pemlits shall be
issued for new development when the applicable maXlfilUm allowable
limit for that deve]opmcnt is rcached.
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
UUowable 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 Vebicle Trips
Daily Traffic PM Peak Hour Traffic
Planned Land Use Net New Trips 45,976 4,5lO
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 Citv shall annuallv monitor the intersection of Boynton Beach
Boulevard and U.S. ] (Federal Highwav), and coordinate with FDOT and
Palm Beach Countv to improve this intersection when necessary. and if
feasible.
Policy 2.1.1 0
Beginning with the March 1. 2007 annual report. and at the end of each
reporting period thereafter. the cumulative ratio of approved residential
units to 1.000 square feet approved office and other non-residential uses
shall remain between the maximum and minimum allowable ratios
identified in Table TE-l.
Objective 2.2
The City shall continue to implement the future Transportation Plan
on apriority basis and shall coordinate same with the City's Future
Land Use Plan. 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 tenn (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
Policy 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
improvements. including pedestrian. bicvcle. and community transit
proiects. particularlv within the TCEA.
Bv January 2005. the Citv. 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
Countv) in the TCEA. The affordable units in this prOgranl must remain
affordable for a minimum period of 10 years. The City shall continue
implementation of the policies under Obiectives 6.1. 6.3 and 6.6 of the
Housing Element of the Comprehensive Plan to provide other programs
benefiting verv low. low and moderate income households. The Citv will
also insure that 5% of new or rehabilitated housing within the TCEA area
is available for occupancv bv these households. with pricing consistent
with SHIP guidelines. and rent levels consistent with affordable effort
ratios. The Citv will begin the rnmual monitoring of the affordabilitv of
housing within the TCEA bv January 2006.
The City shall annually demonstrate hurricane shelter space avai]ability for
at least 20% of the population increase within the TCEA associated with
hotel!motel and residential developments within the hurricane
vulnerability zone. In the event the Citv is unable to satisfactorily
demonstrate hurricane shelter space availabilitv. the Citv shall coordinate
with Palm Beach County Emergency Management and the Red Cross to
provide adequate hurricane shelter sPace within a timelv 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.
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
Policv 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,-lHHl energy
efficient multi-modal transportation system, includinl! walkinl!,
bicvclinl!, and public transit, which will meet future as well as current
transportation needs, particularlv within the TCEA and the CRA.
Measure: Number of SOY auto trillS converted to transit trillS as
estimated by Ileal. hour load factor. 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 p]antings 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 the year 2002, modify aHd 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.
Bv January 2007. the City shall complete an inventory of existing sidewalks
on all arterial. collector and local streets within the CRA and place such an
inventory in a, gcographic information system (GIS) to assist Citv stall
idcntify gaps alldJ2fioritics.
J'Qlicy 2.4.8 The City shall.request that sidcwalks be installed andlor rcpaired as Dm1 of
anv State or Countv roadwav widening or improvement proiect.
Policy 2.4.9 The Citv shall work with the FDOT and P~lm Beach Countv to provide
traffic control mId design features to enhance pedestrimI activitv along all
State and COUlltV facilities within the designated TCEA.
Policy 2.4.1 0 ___. The Citv 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
svstem. Bv January 1. 2005. the Citv shall undertake a detailed transit
studv 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. headwavs. hours of
operation. and other service characteristics. The City and the Boynton
Beach CRA shall be responsible for funding and implementing the transit
circulator plan based on the recommendations and conclusions of the
studv. If the detailed transit study indicates that redevelopment proiects
within the TCEA have not progressed enough for the necessity of
implementing the transit circulator plan on or before January L 2007. then
the Citv shall conduct a monitoring studv for such implementation everv
two vears. This monitoring studv shall be submitted to the County
Engineer and Planning Director on March L 2007. and every second vear
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.
Policy 2.4.1 ] The Citv shall inventory and prioritize enhancements for transportation
proiects within the boundaries of the TCEA in the Citv's Five Year Capita]
Improvements Program.
Policy 2.4.] 2 The City shall promote a variety of transportation choices within the
Communitv Redevelopment Area (CRA) bv 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; installation ofbicvcle lanes; and use of brick crosswalks.
Policy 2.4.13 All streets within the CRA shall. where feasible. include sidewalks on both
sides.
!,olicy 2.4.]4 The City shall continue to monitor the actiVItIes of the South Florida
Regional Transportation Authority (SFRTA). particularly related to the
FEC passenger service initiative and the Citv's support for the initiative.
Policv 2.4.15
Policv 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 investigate the opportunity for expanding the Palm Beach
water taxi service to include stops in Boynton Beach. The Citv shall applv
for capital funding available through the Metropolitan Planning
Organization for water taxi stops when the service is detemlined to be
feasible in the southern portions ofPa]m Beach Countv.
The Citv shall create and seek opportunities for grade separated crossings
along maior 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, includine bicycle,
pedestrian, and pnblic transit infrastructure, particnlarlv within the
TCEA.
Measure: Amonnt of private sector highway
contributions toward transportation enhancements.
improvements I
Policy 2.6.]
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
snpport alternative Transportation Demand Management strategies
wherever feasible in lien 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 (F]orida Department of
Transportation, Palm Beach County) funding for traffic operations
improvements with particular emphasis on developed roadways such as
US I, or projected overcapacity arteria] or collector roadways such as
Congress Avenue and arteria] 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 support the County
MetropolitaH Plar.ning Orgllflization's establishment of a Transportation
Demand MaHagemeHt program by 2003 as part of a congestion ayoidance
strategy to reduce the numeOf' of single occllflant yehioles during peak
traffic periods, eitnOf' by trip redaotions or by aooemmodating existing
trips in fewOf' vehioles (e.g. trip reduction ordinanoe), or by moving some
trips bef{)re or after tHe most congested periods. Bv Januarv 2006. the City
will submit a request to the Florida Department of Transportation (FDOT)
Office of Moda] 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.
Policy 2.7.4
Policv 2.7.5
Eplicv 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).
Bv 2006. the Citv shall amend the land development regulations to include
transportation demand management requirements for maior developments
within the Citv and particularlv the TCEA. This mav be accomplished
through cooperation with the TMl.
Bv 2006. the Citv shall develop transportation svstem management
strategies to more effectivelv manage the transportation svstem including.
but not limited to. parking management strategies, signal timing
coordination, and programs that increase walking and/or bicvcling.
The City shall strive to reduce overall energy consumption due to
transportation via regulatory measures such as trip reduction
ordinances and incentives.
Measures; Decrease in average '..ehicle delay on City roadways;
Increase in auto occupancy or car pool users. Adoption of a trip
reduction andlor transportation demand mana2ement (TDI\1)
ordinance or establishment or participation of a transportation
mana2ement 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.
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 Redeve]opment 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 F]orida 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.
Objectiye 2.11
Policy 2.11.1
Policy 2.11.2
Policy 2.11.3
Policy 2.11.4
Policy 2.1 ].5
Policy 2.11.6
Obiectiye 2.12
Policy 2.12. I
Policv 2.] 2.2
The City shall continue to assist Palm Tran in providing efficient mass
public transit services based on existing and future trip generators
and attractors and also proyide local mass 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 deyelopment 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 2.4.1 0 and in cooperation with Palm
Tran. the Citv shall evaluate transit service within the CRA boundaries and
identifv needs for route realignments and/or bus stop improvements such
as well-designed shelters. bicycle parking. route information. benches.
waste receptacles. pedestrian access to stopslshelters or the need for new
bus stops. Based upon the conclusions of the transit studv. the City will
work with Palm Tran to program recommended actions and modifications
to the existing transit svstem within the CRA boundaries.
Increase the Citv'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 Bovnton Beach residents.
Promote a pedestrian- and bicycle-friendly environment bv proyidin!!
adequate facilities. such as wider sidewalks. buffers from travel lanes.
shade trees. shorter crossin!! distances. Ii!!htin!!. refu!!es in lar!!e
intersections. bike lanes. and bicvcle parkin!!. for pedestrians and
bicvclists.
Measure: Len!!th of sidewalks proyided. len!!th of bicvcle paths and
lanes proyided. and len!!th of multi-use paths proyided in the City.
Promote a pedestrian-friendlv environment on streets within the TCEA
and the CRA bv providing adequate and comfortable facilities.
Bv January 2007. the City shall complete an inventory of existing bicvcle
facilities within the Citv and place such an inventory in a geographic
information svstem (GIS) to assist City staff identifY gaps and priorities.
Policy 2.12.3
Policy 2.]2.4
Policy 2.12.5
Policv 2.12.6
Policy 2.12.7
Bv January 2005, the City will complete a citvwide bicycle facilities studv
tor providing an interconnected bicvcle system with thc City that connects
loca] residents and visitors to the area with maior destinations.
Bv Januarv 2007. the City shall identify all strcet segments within thc
TCEA and the CRA that are not currently designated with in-street bicycle
facilities and determine the most appropriate design to accommodate such
transP0l1ation, where appropriate.
By January 2007, thc City shall conduct an invcntory ofthc existing maior
street network within thc TCEA and the CRA to idcntifv hazards and
barriers to bicvcJists and prepare a plan for removing or mitigating such
impediments.
The Citv shall provide routine maintenance programs for all designated
bicycle and pedestrian facilities within the TCEA. Maintenance shall
include, but not limited to, sweeping ofbicvcle lanes, and filling potholes.
Increase the number of work trips by bicycle within the City bv one
percent bv 201 O. Based upon the 2000 Census, work trips bv bicvcle
accounted for 0.45 percent of all trips bv Bovnton Beach residents.
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~_n Kinley-Hom
~_U and Associates, Inc.
044349005 January 2005
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 04-163
TO:
Chair and Members
Community ~ex;!.?pment Agency Board
Dick HUdso~~r Planner
Michael W. Rumpfl{\.W
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
June 30, 2004
SUBJECT:
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-S.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-yeariy 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.
AlTACHMENTS
S:\PIannlng\SHARED\ WP\SPEQlROJ\CPTA \04-003 TCfA\STAFF REPORT CPTA.doc
Goal 2
Objective 2.1
Policy 2.1.1
Policy 2.1.2
Policy 2.1.3
City of Boynton 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
transpOliation needs of all sectors of the City of Boynton Beach in a safe,
efficient, cost cffectivc, 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 trausportation
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 Servicc "D" or better and peak hour conditions on all
unspecificd City and collector highway facilities.
.
Level of Service "D" for peak season peak hour conditions on all
unspecified arterial facilities.
.
Level of Scrvice "D" for 1-95 through the City, Boynton Beach
Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue
between Congress Aveuue and 1-95, Congress Avenue between
Boynton Beach Boulevard and NW nnd 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
rcgarding the designation of "Spccial 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 Leve] 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
Ordinance No. 04-059
Policy 2.1.4
Policy 2.1.5
Policy 2.1.6
Policy 2.].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 othcr roadways.
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.
The City shall continue the enforccmcnt of thc adopted County-wide
Traffic Performance Standards Ordinance, and confomlance 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 hcreby established
and designated for a portion of the Boynton 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-I.
Any project utilizing the TCEA and significantly impacting the Florida
Intrastate Highway System (FIHS) shall be required 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 ], 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-]. No building permits shall be
issued for new development when the applicable maximum allowable
limit for that development is reached.
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
2-2
Date: January t8, 2005
Transportation Element
Ordinance No. 04-059
TABLE TE-I
BOYNTON BEACII CRA - TCEA
PLANNED DEVELOPMENT THRESHOLDS
Allowable Land Use Intensities Residential/ Other
Rental lIotel Industrial Office Non-
Units Units residential
Planncd !'and Use Totals 7.000 450 235,000 2,400,000 1,450,000
Allowable variance +/ (%) 15% 25% 10% 15% ]0%
Maximum A !iowable 8,050 563 258.500 2,760,000 1,595,000
Minimum AlImvable 5,950 338 211.500 2,040,000 1,305,000
Allowable V chicle 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
Ma:rimwlI Allowable Ratios 3.9 5.3
Minill1Wfl Allowable Ratios 2.2 3.2
Policy 2.1.9
The City shall amlUally 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 1, 2007 annual report, and at the end of each
repOliing 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-],
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, Housing Element, and Coastal Management 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 teml (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 Boynton Beach
Comprehensive Plan
Amendments 04-2
2-3
Date: January 18,2005
Transportation Element
Ordiuauce 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 conjunction with the annual update of the City's Capital
Improvement Program, shall continue making available supplemental
funding necessary to accelerate unfunded or otherwise lagging road
improvements, including pedestrian, bicycle, and community transit
projects, particularly within the TCEA.
By January 2005, the City, through the CRA's Direct Incentive Program
and its Affordab]e 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
hotellmotel and residential developments within the hurricane
vulnerability zone. In the event the City is unable to satisfactorily
demonstrate hurricane shelter space availability, the City shall coordinate
with Palm Beach County Emergency Management and the Red Cross to
provide adequate hurricane shelter space within a timely manner. The City
shall also participate in a long-term, Countywide, comprehensive shelter
program coordinated with public, private, non-profit organizations to
ensure adequate shelter 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 Boynton Beach
Comprehensive Plan
Amendments 04-2
2-4
Date: January 18, 2005
Transportation Element
Ordinance 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
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
Thc 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 andlor
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
drivewaylstreet 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
2-5
Date: January 18, 2005
Transportation Element
Ordinance No. 04-059
Policy 2.4.8
Policy 2.4.9
Policy 2.4.10
Policy 2.4.1 ]
Policy 2.4.12
Policy 2.4.] 3
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 acknowledgcs that in order to provide traffic circulation and
transpOliation infrastructure consistent with the requirements of the
TCEA, it will be necessary to augment the existing local transit circulator
system. By January I, 2005, the City shall undertake a detailed transit
study to develop a local transit circulator plan (complementing or
augmenting the County's public transit service) for the TCEA including
specific route alignments, infrastructure needs, headways, hours of
operation, and other service characteristics. The City and the Boynton
Beach eRA shall be responsible for funding and implementing the transit
circulator plan based on the recommendations and conclusions of the
study. ]f the detailed transit study indicates that redevelopment projects
within the TCEA have not progressed enough for the necessity of
implementing the transit circulator plan on or before January 1, 2007, then
the City shall conduct a monitoring study for such implementation every
two years. This monitoring study shall be submitted to the County
Engineer and Planning Director on March ], 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; installation of bicycle lanes; and use of brick crosswalks.
All streets within the CRA shall, where feasible, include sidewalks on both
sides.
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
2-6
Date: January 18, 2005
Transportation Element
Ordinance No. 04-059
Policy 2.4.] 4
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 continuc to monitor the activities of the South Florida
Regional Transportation Authority (SFRTA), particularly related to the
FEC passcnger service initiative and the City's support for the initiative,
The City shall investigate the opportunity for expanding the Palm Beach
water taxi servicc to include stops in Boynton Beach. The City shall apply
for capital funding available through the Metropolitan Planning
Organization for water tax i stops whcn the scrvice is determined to be
feasible in the southern portions of Palm Beach County.
Thc City shall creatc and seek opportunities for grade separated crossings
along major corridors, whcn feasible.
Explore all legally defensible alternatives for protection of public
right of-way when reviewing development proposals, provide for tbe
protection of existing and future right-of-way from building
encroachment. Provide for minimal negative impacts associated witb
driveway locations, and provide for safe and efficient on-site traffic
circulation and parking, including provisions for sbared driveways,
shared parking, and handicapped usel"S.
Measure: Number of development projects permitted snbsequent to
performance review.
The City shall continue to support State andlor 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 procedurcs.
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, inclnding bicycle,
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
2-7
Date: January 18,2005
Transportation Element
Ordinance No. 04.059
Policy 2.6.1
Policy 2.6.2
Objective 2.7
PoJicy2.7.1
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 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 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 I, 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: 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 Boynton Beach
Comprehensive Plan
Amendments 04-2
2-8
Date: January 18, 2005
Transportation Element
Ordinance 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 stratcgies
such as car pooling, transit, and parking priori tics to alleviate peak hour
and/or pcak season traffic congestion through publiclprivate pminerships
(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 dcvelopments
within the City and particularly the TCEA. This may be accomplished
through cooperation with the 'I'M!.
By 2006, the City shall develop transportation system management
strategies to more effectively manage the transpOliation system including,
but not limited to, parking management strategies, signal timing
coordination, and programs that increasc walking and/or bicycling.
The City shall strive to reduce overall energy consumption due to
transpol.tation via regulatory measures such as trip reduction
ordinances and iucentives.
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 111
implemcnting 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 continne to provide local transportation facilities that
are visually and functionally pleasing and that conform to City
guidelines.
City of Boynton Beach
Comprehensive Plan
Amendments 04-2
2.9
Date: January 18,2005
Transportation Element
Ordinance 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.]
Policy 2.10.2
Policy 2.10.3
Measure: Increase in facilities which meet the criteria below.
The City shall continuc to institute transportation facility design standards,
such as roadway signage and lighting, for the entire City or designated
subdistricts.
Thc City, in conjunction with the recommendations from the Boynton
Beach20120 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 transpOliation projects and for perimeter
masonry andlor 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 statc 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 20120 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 approp,'iate.
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
Amendments 04-2
2-10
Date: January 18, 2005
Transportation Element
Ordinance No. 04-059
Objective 2.11
Policy 2.] 1.1
Policy 2.] 1.2
Policy 2.] 1.3
Policy 2.11.4
Policy 2.11.5
Policy 2.11.6
Objective 2.12
Policy 2.12.1
support and engage 111 cooperative funding of transportation
improvements.
The City shall continue to assist Palm Tran in providing efficient
public transit services based on existing and future 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 tem1inal 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 infonnation.
As pari 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 infom1ation, 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 usc 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 Boynton Beach
Comprehensive Plan
Amendments 04-2
2.1 J
Date: January 18, 2005
Transportation Element
Ordinance No. 04.059
Policy 2.] 2.2
Policy 2.12.3
Policy 2.12.4
Policy 2. ]2.5
Policy 2.] 2.6
Policy 2. ] 2.7
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 determine 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
baITiers to bicyclists and prepare a plan for removing or mitigating such
impediments.
The City shall provide routine mainteuance 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 of Boynton Beach
Comprehensive Plan
Amendments 04-2
2-12
Date: Jannary 18,2005
Transportation Element
Ordinance No. 04-059
TCEA Boundary Map
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City of Boynton Beach
Comprehensive Plan
Amendments 04-2
2-13
Date: January 18, 2005
Transportation Element
Ordinance No. 04-059
XII. - LEGAL
ITEM A.7
Excerpt from CRA Meeting of July 13, 2004
2.
Project:
Transportation Concurrency Exception Area
(TCEA) (CPTA 04-003)
City-initiated
Owner:
Description: Request to amend existing and add new Objectives
and Policies in the transportation Element designating
a portion of the Community Redevelopment Area as a
Transportation Concurrency Exception Area (TCEA) to
facilitate development and redevelopment of
properties located within the TCEA
Dick Hudson, Sr. Planner, presented the staff report and recommended approval.
Mr. Hutchinson commented that this request was important to encourage commercial
development in the CRA area.
Chair Heavilin opened the floor for public comment. Hearing none, the floor was
closed.
Mr. Hutchinson commented that City staff had done an outstanding job in this effort.
There were not very many cities in Florida that had a TCEA and it would really make a
difference with development and the quality of life in the City.
Motion
Ms. Horenburger moved approval of the request to amend existing and add new
Objectives and Policies in the Transportation Element designating a portion of the
Community Redevelopment Area as a Transportation Concurrency Exception Area
(TCEA) to facilitate development and redevelopment of properties located within the
TCEA. Vice Chair Tillman seconded the motion that passed 7-0.
Excerpt from City Commission Meeting of July 20, 2004
J.
Project:
Transportation Concurrency Exception Area
(TCEA) (CPTA 04-003)
City-initiated
Request to amend existing and add new Objectives
and Policies in the Transportation Element
designating a portion of the Community
Redevelopment Area as a Transportation Concurrency
Exception Area (TCEA) to facilitate development and
redevelopment of properties located within the TCEA
Owner:
Description:
Dick Hudson, Sr. Planner, stated this was to establish a Transportation Concurrency
Exception Area in certain portions of the downtown area to allow a level of
development in the downtown to go forward without the need for traffic concurrency.
However, in order to do that, the City had to agree to monitor certain factors in the
downtown related to transportation and also to establish alternate means to the single
driver automobile in the downtown. These means included pedestrian ways and
bikeways and also a trolley system. Since this would definitely encourage development
in the downtown, staff recommended approval.
Mayor Taylor opened the floor for public comment, and closed it when no one wished
to speak.
Motion
Commissioner McCray moved to approve Item VIII.J, request to amend existing and
add new Objectives and Policies in the Transportation Element designating a portion of
the Community Redevelopment Area as a Transportation Concurrency Exception (TCEA)
to facilitate development and redevelopment of properties located within the TCEA. Vice
Mayor Ferguson seconded the motion that passed 5-0.
XII-LEGAL
ITEM A.8
THIS ITEM WILL REMAIN ON THE TABLE
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 Meetine Dates
0 December 7, 2004 November 15,2004 (Noon.) 12:] 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 I, 2005
0 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)C-
):;:..-
February 14, 2005 (Noont:
\..-0
February 28, 2005 (Noon~
0 Administrative 0 Development Plans C.,)
NATURE OF 0 Consent Agenda 0 New Business ~,..
,.
AGENDA ITEM 0 Public Hearing 12:] Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
XII. - LEGAL
ITEM A.9
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RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January t 8, 2005 approved this request under Public Hearing
and Legal, Ordinance - First Reading, without conditions. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 04-298.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
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-16) canal
Request to reclassity :l::3.8Iacres ofland by amending the Comprehensive Plan Future
Land Use Map from Low Density Residential and Local Retail Conunercial to Special
High Density Residential.
DESCRIPTION:
Proposed Use: Residential Condominium Development
~~~
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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Planning and 0 ng DIrector CIty Attorney / Fmance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\luar04-0I O\Agenda Item Request Seaview Park CluhLUAR 04-010 2nd reading amend 2-1-
OS.dot
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
Ii ORDINANCE NO. 05-00<0
,
21
3 i AN ORDINANCE OF THE CITY OF BOYNTON
4 I BEACH, FLORIDA, AMENDING ORDINANCE
,
5 I 89-38 BY AMENDING THE FUTURE LAND USE
6 I ELEMENT OF THE COMPREHENSIVE PLAN
7 ! FOR A PARCEL OWNED BY LENNAR HOMES,
;
81 INC., AND LOCATED ON THE EAST SIDE OF
9 I FEDERAL HIGHWAY APPROXIMATELY 1,000
10 FEET NORTH OF THE BOYNTON (C-16)
11 CANAL; CHANGING THE LAND USE
12 DESIGNATION FROM LOW DENSITY
13 RESIDENTIAL AND LOCAL RETAIL
14 COMMERCIAL TO SPECIAL HIGH DENSITY
15 RESIDENTIAL; PROVIDING FOR CONFLICTS,
16 SEVERABILITY, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, F]orida has
19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
20 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
21 Government 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, aftcr two (2) public hearings the City Commission acting in its
26 dual capacity as Local Planning Agency and City Commission finds that the
27 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
28 Plan and deems it in the best interest of the inhabitants of said City to amend the
29 aforesaid Element ofthe Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S: \CA\Ordinances\planning\Land \Jse\Seaview Club. doc:
1
Section I: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the east
6 side of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal in
7 Boynton Beach, Florida shall be changed from Low Density Residential and Local
8 Retail Commercial and shall now be designated as Special High Density Residential:
9 A parcel ofland lying in Section 22, Township 45 South, Range 43
10 East, Palm Beach County, Florida, being more particularly described
11 as follows:
12
13 That portion of the following described parcel lying east of the
14 easterly right-of-way line of U.S. #] (State Road #5)
15
1 6 Commencing at a point 314.74 feet south ofthe northwest comer of
17 Section 22, Township 45 South, Range 43 East, on section line
18 between Sections 21 and 22; thence running east 1427.45 feet parallel
19 with the north line of said Section 22 to Lake Worth; thence south
20 158.32 feet; thence west on a line parallel with said section line
21 1426.53 feet to the section line between Sections 21 and 22; thence
22 north 158.32 feet to the point of beginning
23
24
25 Subject to easements, restrictions, reservation and rights of way of record.
26
27
28 Section 3: That any maps adopted in accordance with the Future Land Use Element
29 of the Future Land Use Plan shall be amended accordingly.
30 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
31 repealed.
32 Section 5: Should any section or provision of this Ordinance or any portion thereof
S:\CA\Ordinances\Planning\Land Use\Seaview Club.doc
1 be declarcd by a court of compctent jurisdiction to be invalid, such decision shall not affect
2 the remainder ofthis Ordinance.
3 Scction 6: This Ordinance shall take effect on adoption, subject to the review,
4 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
5 Planning and Land Development Regulation Act. No party shall be vested of any right by
6 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
7 alllega] challenges, including appeals, are exhausted. In the event that the effective date is
8 established by state law or special act, the provisions of state act shall control.
9 FIRST READING this ~ day of Ja-nua.r f ,2005.
10 SECOND, FINAL READING and PASSAGE this ~ day of
11 2005.
12 CITY OF BOYNTON BEACH, FLORIDA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
34
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
s, \CA\Ordinances\planning\Land Us..\Seavie'" Club .doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 04-298
Chair and Members
Community Redevelopment Agency Board and
Mayor and ~'sslon
Dick HUdso~P
Senior Planner 1\~
Michael W. Rumpf
Director of Planning and Zoning
January 3, 2005
Seaview Park Club (WAR 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./Welner & Aronson, P.A.
East side of Federal Highway approximately 1,000 feet north of
the Boynton (C-16) Canal (Exhlblt"Aj
:8.756 acres
Local Retail Commercial (LRC) and Low Density Residential (LOR)
C-3 Community Commercial and R-l-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-unlt Condominium Development
Page 2
File Number: LUAR 04-010
Name: Seaview 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 dujac) 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 dujac) and zoned R-l-
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 Plan/Site Plan OvelView
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
"Fed era/ Highway Corridor Community Redevelopment Plan"Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive
Plan will be followed. 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 Oty 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 Analvsis
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: Seaview 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, Laurei 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: Rezonlngs. 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 prohlbltfon 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 lisk
Page 5
File Number: LUAR 04-010
Name: Seavlew Park Club
manager. The planning department shall also recommend limitations or
requirements, which would have tv 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 Infill residential
areas assigned to this land use category in the portion of the designated
CommunIty Redevelopment Area identified as Planning Area I and Planning
Area V in the "Federal Highway COlTidor CommunIty Redevelopment Plan ';
adopted on May 15, 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 fiexibllity to accommodate infill and
redevelopment on parcels less than five (5) acres in size speclficaily 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, including 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 Oty shall continue efforts to encourage a full range of housing choices,
by allowing densities whld; can accommodate the approximate number and
type of dwellIngs for whld; 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
homesi
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 Hiohwav Corridor Community Redevelopment 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 anea, 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 slngle-
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: WAR 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 64-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 Water/Sewer Traffic
Development Population Demand Generation
Potential Trips/day
existing land Use 64 mobile 145 19,96B gpd/ 503
(Actual) Mobile Home Park homes persons 6 000 gPd
Proposed Development 69-unlt 157 25,116 gpd/ 475
condominium ~rsons 11 302 god
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 lO-year
planning period. The School District of Palm Beach County has reviewed the application and
has determined that adequate capacity exists to accommodate the resident population. Lastly,
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Ale Number: LUAR 04-010
Name: Seavlew 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 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.
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. Likewise,
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 slightly less than one acre, and couid 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 permitted 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 dty 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 vlsuallmpact;s 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 already a/lowed.
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 "6".
ATTACHMENTS
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ITEM A.9
ITEM A.l0
Excerpt from CRA Meeting Minutes of January 11, 2005
New Business
A. Land Use Plan Amendment/Rezonino
1.
Project:
Agent:
Owner:
Seaview Park Club (LUAR 04-010)
Weiner & Aronson, P.A.
Wayne Irving and Charlene Darst
Location: 1620 North Federal Highway [east side of
North Federal Highway, approximately 1,000' north of the
Boynton (C-16) Canal]
Description: Request to reclassify :!: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; and
B.
1 . Project:
Agent:
Owner:
Location:
Request to rezone from R-3 Multi-family Residential and C-
3 Community Commercial to Infill Planned Unit
Development (IPUD)
Seaview Park Club (NWSP 04-014)
Weiner & Aronson, PA
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]
Description: Request for new site plan approval for the construction of
69 condominium units on 3.756 acres in the IPUD Zoning
District
Dick Hudson, AICP Senior Planner, presented the item for staff. The request was to
amend the future land use designation from Local Retail Commercial and Low Density
Residential to Special High Density Residential and to rezone the property from C-3
(Community Commercial) and R1-AAA single family residential to IPUD Infill Planned
Unit Development
The parcel size is 3.756 acres and is located on the east side of Federal Highway,
approximately 1,000' north of the Boynton C-16 Canal as indicated on the site plan displayed on
the screen. The purpose of the request was to construct a 69-unit condominium development
Mr. Hudson reviewed the adjacent uses. To the north is Manatee Bay, which is a multi-family
residential complex, zoned R-3 Multi-family residential; to the south along Federal Highway is a
developed commercial shopping strip entitled Yachtsman's Plaza, which is designated local
retail commercial and zoned C-3 Community Commercial. To the east is a developed single-
family neighborhood entitled Yatchtsman's Cove, which is designated low density at 4.84 dua
and zoned R-1 AA single-family residential. The Intracoastal Waterway is east of the site and to
the west are the rights-of-way to Federal Highway and the FEC Railroad and developed
property fronting on NE 4th Street, which is designated high-density residential and zoned R-3
multi-family residential.
Staff recommended approval of the request for the following reasons:
~ The proposed redevelopment is located in Planning Area 1 as defined in the Federal
Highway Corridor Redevelopment Plan and in the Comprehensive Plan.
~ The proposed redevelopment meets the criteria for consideration for a Land Use
Amendment as described in Policy 1.16.1 of the Future Land Use Element of the
Comprehensive Plan.
~ The project will have no additional impacts on the infrastructure.
~ If the proposed site plan meets the conditions of approval, it would be consistent with the
intent and requirements of the IPUD regulations and would meet the compatibility
requirements with the adjacent single-family neighborhood based upon the proposed
landscaping buffer, the extra setbacks and through creative architectural design.
~ The proposed project would have a positive impact upon the values of the adjacent
property and would contribute to the overall economic development of the City.
Since this is a small-scale land use amendment, it would be adopted at the City level before
being sent to the State for review. IPUD regulations require that a site plan be adopted
simultaneously with the Land Use Amendment and Rezoning. Mr. Hudson inquired if the Board
wanted to review the site plan at this point. There was a consensus to review both items.
Mr. Barretta had to recuse himself from voting on this project since Lennar Homes is one of his
clients. Mr. Barretta completed the necessary Form 8B and furnished it to the Recording
Secretary for inclusion with the minutes of the meeting.
Eric Johnson, AICP Planner for the City of Boynton Beach, presented the site plan item
on behalf of staff. Currently there are 64 licensed mobile homes on the property and
the applicant is requesting 69 condominium units in four separate buildings.
Condominium units are permitted uses within the IPUD zoning district. This would result
in a project density of 18.37 dua. Staff reviewed the project for concurrency and a traffic
statement was sent to the County's Traffic Division for review and the County
determined that the project lies within the Coastal Residential Exception Area of the
County and meets the County's traffic performance standards.
The build out date is 2006, after which date no building permits could be issued. Staff reviewed
the project for potable water and sanitary sewer, of which there is sufficient capacity to meet the
needs of the project. Police and Fire feel that current staff levels are sufficient to meet the needs
of the project. The conceptual drainage plan is adequate and a more detailed review of the
drainage would be done at the time of permitting. Lastly, the County's School District has
determined that there is adequate capacity to accommodate the 69 dwelling units.
Mr. Johnson reviewed the curb cuts on U.S. 1 on the site plan and these would be improved to
meet the City's engineering standards. Ingress would be from the north and egress would be
from the south. This method of traffic flow was recommended by FDOT. The code requires that
one bedroom units provide 1.5 parking spaces and two and three bedroom units require 2
parking spaces. The project only has 1 and 3 bedroom units and requires 142 parking spaces;
whereas the site plan provides a total of 175 parking spaces. This equates to an excess of 33
parking spaces. The parking design calls for 72 garages, 72 tandem parking spaces and 31 off-
street parking spaces.
With regard to landscaping, Mr. Johnson noted that the north landscape buffer would be 3' wide
and the south landscape buffer is almost 10' wide. The east landscape buffer is 10' wide by the
pool and the west landscape buffer, adjacent to Federal Highway, is 20' wide.
The 3' northerly buffer is not adequate; however, the project intends to combine the existing
landscape buffer of the property to the north with the proposed 3'. This is acceptable to staff.
The south landscape buffer is important for compliance of this project with regard to the design,
compatibility requirements, and standards of the IPUD zoning district. Staff is recommending
that the plant material for the south landscape buffer be mature enough to provide immediate
buffering and Mr. Johnson explained how this could be accomplished.
Mr. Johnson presented a diagram of how the buffer would look in front of the portion of the
building at 34' and 6". The buffer with the wall would be almost 10' wide, but the planting area
would be 7'9" as proposed. Mr. Johnson reviewed the line of sight from the single-family
neighborhood from the south. Staff feels that the landscaping would provide adequate screening
to buffer the project from the neighborhood to the south.
The building as proposed would be 45' at the parapet wall and complies with code. The IPUD
zoning district regulations allow a building up to 45'. However, staff must insure that the project
is compatible with the neighborhood. The property to the south is zoned R-1AA, the property to
the north is zoned R-3, and along Federal Highway the zoning is C-3. The C-3 zoning district
allows for a maximum building height of 45'. The R-1AA zoning district allows for a maximum
building height of 30' and the R-3 allows for a maximum building height of 45'. Staff used a
formula to come up with an appropriate height of 37Y:.: Mr. Johnson explained how staff arrived
at the recommended 37Y:.' height for the project.
Mr. Johnson next presented a drawing of the elevation of the project for the benefit of the
audience. He noted that staff reviewed the project for compliance with the zoning district and the
intent of the IPUD and is recommending approval, subject to 54 conditions of approval. One of
those conditions would be to reduce the building height of buildings 2, 3 and 4 to 38' in order to
maximize compatibility of the project and the abutting properties.
Mr. Myott inquired if the height of the building were reduced would this result in the loss of nine
units. Mr. Johnson responded that this was probable. Mr. Fenton inquired about the economic
impact this would have upon the project and Mr. Johnson was not sure on this.
Mr. Hudson assumed the podium and explained that a project must meet certain criteria
in Chapter 2 of the Land Development Regulations. Staff has reviewed the criteria and
has looked at the Comprehensive Plan Policies and other policies that could apply to
this project and determined that the proposed 69-condominium community would be
replacing an existing, legal non-conforming use that is licensed for 64 mobile home
units. This results in a net increase of only five units. Staff feels that the project would
be replacing an antiquated mobile home park with improvements. These improvements
would be a significant improvement to combating the effects of major wind damage,
compared to mobile homes. The new buildings will meet the minimum standards for
high velocity hurricane zones as required by the Florida Building Code.
Staff has concluded that even though the project's density is greater than the abutting
developments, it is consistent with the transition uses recommended in the Federal Highway
Corridor Plan. Mr. Hudson explained that the applicant, at the suggestion of staff, reduced the
height on the south elevation from 45' to 34' 6". On the north elevation the 45' height would be
consistent with the maximum height allowed in the adjacent multi-family district. However, after
staff evaluated the effects of similar situations where single-family neighborhoods abut a similar
project and that the majority of homes in the single-family neighborhood are less than 30', staff
has determined that compatibility would be achieved by having a structure no higher than 38'.
Mr. Hudson pointed out that the starting prices of the units would be from $300,000 to $600,000
and would most likely have a positive affect upon adjacent properties. He noted that commercial
uses could be allowed, but staff would prefer not to have any further commercial development
along the coastal areas. This is a highly visible part of the City and the project would support the
City's trend to have greater residential uses in the area. While Mr. Hudson spoke, photos of the
mobile home park were displayed on the screen. Mr. Hudson reiterated that staff is
recommending approval of the Land Use Amendment and Rezoning.
Attorney Mike Weiner assumed the pOdium and stated that was present on behalf of the
applicant, Lennar Homes, Inc. He noted that Attorney Michael Morrell was present on behalf of
some residents and requested that if there were some procedural issues that needed to be
reviewed, he was amenable to Mr. Morrell addressing the Board.
Attorney Michael Morrell assumed the podium and stated he practices Administrative,
Governmental and Land Use Law in West Palm Beach. Attorney Morrell was representing 16
clients in this matter. He was under the impression that he would be allowed to cross examine
the witnesses, but Attorney Spillias informed him that the Board's normal practice was to allow
him to cross examine at the end of his case in chief. He was willing to abide by this, but he felt it
was the Board's responsibility to instruct witnesses who testify before their case in chief and is
lay testimony in support of the project that they would need to remain within the room so he
would have the right to cross-examine them.
Attorney Morrell stated that they filed a request for party status because they feel that the City's
code did not specify what procedures the Board offered. He acknowledged that the City
Attorney furnished him with the procedures that have now been provided to Attorney Spillias. If
he had known this, he would not have filed this document. After Attorney Morrell filed the
document, Attorney Weiner, on behalf of the applicant, filed a letter questioning the right of all
but six of Mr. Morrell's clients to participate on the grounds that they were not aggrieved and
adversely affected. He was not going to argue that point now. However during his case in chief,
he would present evidence to show that residents on the south side of the 15'h Place and along
the coast and the cove at the end of the street are aggrieved and adversely affected.
Attorney Weiner introduced representatives for the applicant who were in the audience as
follows: Andrew McGregor from Lennar Homes; Annabelle Garcia and Andy Sullivan from the
Martin Architectural Group; John Hinden, an attorney and expert on mobile home parks; and
Christine Springer, from Carter and Burgess, the project manager, along with an additional
representative from Carter and Burgess.
Attorney Weiner questioned whether the six people that are located next to the subject
property are "aggrieved parties or otherwise." He acknowledged that the Board has
allowed these six people to speak, but whether they are aggrieved parties under
Section 163 would be determined at another time and the applicant's acquiescence in
these procedures does not mean that they have in fact consented to that status.
Attorney Weiner noted that the parcel being developed is exceptional in that it is 150' wide and
is seven times longer than its width, which means any development on this property would have
to be unique. Attorney Weiner noted that the property is already permitted to have a
development at 45' along the entire north end. Along the south end, approximately one-third is
also zoned 45'.
Attorney Weiner presented photos of the current conditions of the mobile home park. The
mobile home park was approved for 64 units and the current project would be for 69 units for a
difference of 5 units. The project would carry out the plans, policies and Objectives of the City,
the Federal Highway Corridor Plan and the City's 20/20 Plan in addition to contributing
significantly to the tax base of the City. The project would be built that would allow people to live
along the Intracoastal in safety. The project would be compatible with the surrounding area and
fits the criteria of the City for Future Land Use Map changes, rezoning and site plans.
Attorney Weiner presented to the Recording Secretary for inclusion in the record the following
documents:
. Code Enforcement violations for the mobile home park.
. Curriculum Vitae for their expert witness, Andrew T. Sullivan.
. List of additional Comprehensive Plan Objectives and Polices that support the land use
change and rezoning.
Attorney Weiner noted that staff has recommended approval of the project that meets
eight criteria with respect to the Future Land Use Map and rezoning. The only comment
made by staff relates to the site plan. The applicant has made substantial revisions to
the project after meeting with the neighbors, CRA members, Commissioners and
others.
Attorney Weiner displayed the site plan of how the project would look when it was
developed. The trip generation for the mobile home park is currently 503, whereas the
proposed development would create 475, which is a decrease in traffic. Also, the site
plan parking has an excess of 33 parking spaces. They would be planting 180 trees on
the site in addition to 3,913 shrubs and plants. The code would allow a density of 20
dua, but they are requesting a little more than 18 dua. The setback for the southerly
boundary (INCA) neighborhood could be 45', but they are allowing 48.32'. In
accordance with the IPUD Ordinance, the site plan equals or exceeds many
requirements and is providing a superior project.
Attorney Weiner stated that the project would be the perfect transition from apartment
rentals on the north end to single family homes on the south. The staff report approved
of the architecture selected for the project and presented sample colors for the project.
In summary, Attorney Weiner stated that they have done everything possible to avoid
any kind of incompatibility.
Andrew T. Sullivan, a registered architect and planner on behalf of the applicant,
assumed the podium and stated his credentials, a printed copy of Mr. Sullivan's
credentials are on file in the City Clerk's Office.
Mr. Sullivan reported that he has been working with the applicant since the inception of
the project and explained the approach he took in bringing the project to fruition and
gave a history of the project to date. He did not feel that the project would have any
impact upon the density issue. Originally, the project called for four-story buildings and
they requested a variance to 48'. Staff requested that the project be brought down to
45'. They have met with the neighbors several times and after each meeting
concessions on their part were made. He felt that they have gone out of their way to
accommodate the neighboring community. Of the 54 staff comments, they have agreed
to 53 of them. The one remaining comment is crucial to the success of the project. This
project would eliminate the blight in this area of the City.
If they had to reduce three units in each building, this would reduce 25% of the value of
the development because these are the penthouse units. Mr. Sullivan passed around an
exhibit of the elevations to the Board for review. They have worked hard to bring forth
a good project and have added more detail and awnings of different shades with
variations in the roofline. The size of the windows was changed many times and they
are proud of the architecture of the project.
After one meeting with the neighbors, they decided to reduce the south side of the
building to three stories, which is the first time that he has stepped a building in this
manner. If they wished to do so, they could put a 30' single-family building with a 25'
setback that would have no requirement to include supplemental landscaping. If they so
wished, they could build 10 such homes that would have 10 pools in each backyard, 10'
from the property line.
Mr. Sullivan explained that the proposed project would only have one pool that would be
100' from the property line and the buildings are set back 48.3' from the property line.
He also requested that the record indicate that a cross section of the buildings on a
drawing was passed around to the Board members.
Mr. Sullivan summarized what he had previously stated. He anticipated that when all
the units are sold, the value of every home along the property line would increase 25%.
He also pointed out that in addition to all the landscaping they would be planting, they
would be putting in a 6' masonry wall along the south property line. Mr. Sullivan noted
that the drainage from many of the single-family homes on the south side drains north
onto their property. When the developer was made aware of this, Lennar determined to
keep the 6' wall, but would build it 12" off the ground to allow the drainage from the
neighboring properties to flow into the development and they will control it to make that
drainage legal.
Mr. Sullivan requested that the condition of lowering the building not become a
requirement and that the height remain as submitted.
Attorney Weiner assumed the podium and stated that cross-examination would take
place later. Further, he was under the impression that he would have a three-minute
rebuttal and would be the last person to speak.
Attorney Weiner was of the opinion that they presented substantial competent evidence
so that the Board could vote in favor of the Future Land Use Map Change, a rezoning
and a site plan approval, to which they would agree to 53 of the 54 staff conditions.
Chairperson Heavilin opened the public audience first to all persons in favor of the
project. Since no one came forward, this portion of the public audience was closed.
Attorney Michael Morrell assumed the podium and commended the City staff and CRA
staff for their courtesies. Attorney Morrell would not be cross-examining staff tonight, but
reserved the right to do so. He noted that he did not receive the staff report until mid-
morning on Friday. They have hired professional consultants and provided them with
copies of the staff report. However, they have not received the consultants' reports and
are reserving their right to cross-examine staff when the item goes before the
Commission. Attorney Morrell introduced the people that he was representing as
follows: John and Sandy Alvaro; Robert and Joan Corey; Steve and Rose Homrich;
Ossie and Rosa Leal; Stanley and Stacey Nitkowski; Adrian and Helen Winfield; James
and Susan Buchanan; and Harry and Joy Woodworth.
Attorney Morrell stated that the project is incompatible with the quiet single-family
residential neighborhood. It is not only the height that makes it incompatible, it is the
scale, the mass, density and the impact it will have upon two specific communities, the
upland community and the coastal community. He pointed out that the project was
especially incompatible with Yachtsman's Cove, which abuts the mangroves.
Attorney Morrell asserted that the presentations of Attorney Weiner and the planner
were not presented truthfully. The existing 64 units in the trailer park are a non-
conforming use, which is the reason why the current owner wants to sell the property.
The real increase in density of the project is the proposed special height of allowing
18.4 units per acre density from the existing land use, which is 4.84 dua. This project
would dramatically increase the intensity of the property
Stephan Homrich, 690 NE 15th Place, President of INCA, looked forward to working
with the CRA on issues of mutual importance. INCA has a membership of over 350
households and provides a voice for its membership that is located within the CRA
District. The Seaview Trailer Park belongs to INCA and is a good neighbor. They are
not opposed to change, but wanted to have assurances that the change would be
beneficial. INCA felt that the Lennar project would place a massive structure on a
narrow lot that would create buildings that would tower over the existing homes in
Yachtsman's Cove.
If the Board approved the project, it would set a bad precedent for future infill
development He noted that staff and INCA worked together to re-write the new IPUD
Ordinance and compatibility was of utmost importance to avoid another "Harbors
Development" The re-write of the Ordinance provides that in order for the project to be
approved, an IPUD project must be compatible with and preserve the character and
sanctity of adjacent residential neighborhoods. The Ordinance also states that any
IPUD located adjacent to existing single-family residential development must locate
structures of the same unit type or height allowed by the adjacent zoning district unless
vegetation, screening or other barriers achieve compatibility. INCA opines that this
project would blight the area and are opposed to the project moving forward.
Buck Buchanan, 807 Ocean Inlet Drive, helped develop the IPUD regulations as
President of INCA. The heart of the IPUD regulations is compatibility and he felt that
neither Lennar nor City staff has addressed the waterfront area. The Cove is a quiet and
unique area and has remained this way because it is surrounded by single-family
homes, small docks and low noise level, to which the project has given no such
consideration.
He was opposed to having a 45' building along the cove and pointed out that the
swimming pool would extend beyond the current sea walls. The noise from the pool
would disturb their quiet neighborhood and he would like to see the pool moved
elsewhere within the project He would like to have a restriction that any dock that the
project decided to develop would extend no further than the current docks, otherwise
the character of the cove would completely change. Mr. Buchanan urged the Board to
deny the project
Ms. Rose Homrich, 690 NE 15th Place, Yachtsman's Cove, was offended that only
residents that reside adjacent to the Seaview property were allowed to speak. Ms.
Homrich asserted that her house would provide a clear view to the fourth floor of the
buildings. The CRA application criteria stated that the proposed developments should
not be disruptive to the character of neighborhood, but should be in harmony and
compatible with the present developments in the area. She does not feel that the
proposed development meets this criterion.
When she purchased her house, she was aware that the mobile home park was a non-
conforrning use and if the property were redeveloped she expected that it would be held
to the same standards as the existing neighborhoods. She concurred with the previous
testifiers that the project was not compatible and she was opposed to having it in her
neighborhood. Further, she did not think that the landscape buffer would sufficiently
screen the building.
Ossie Leal, 660 NE 15th Place, resides on the south side of the proposed development
They chose to live in Boynton Beach because of its character and the character of their
neighborhood, where all neighbors look out for each other. Mr. Leal reiterated what the
previous speakers brought out regarding the project's incompatibility with the current
communities. He felt that this project would generate excessive noise, traffic, and result
in excessive overcrowding of people.
Mr. Leal stated that the Comprehensive Plan in Land Use Element Policy 1.17.5 stated
that the City would continue to maintain and improve the character of the existing single
family and lower density neighborhoods to prevent conversions to higher density, unless
it were consistent with adjacent land uses. This project is not consistent with this policy.
Mr. Leal did not feel that the City Officials and developers were listening to its residents
and their interests carry more weight than the neighborhoods. The codes and
ordinances were too broad and as a result, his lifestyle would be affected by the size of
the project.
Stanley Nitkowski, 670 NE 15th Place, felt that it was the responsibility of City Officials
to interpret and define policies on how to run a local government. City Officials are
entrusted with the accountability of interpreting and defining how local government
directly or indirectly affects its citizens and should make decisions taking these
responsibilities into consideration. The new IPUD was put in place to provide structure
and parameters for acceptable land development of 5 or less acres. Mr. Nitkowski noted
that this Board and the Commission must enforce the intent of the IPUD to maintain the
maximum height of the project at 38' as recommended by staff.
Harry Woodworth, 685 NE 15th Place, explained that his property is at the end of the
street and forms the southeast boundary of the proposed project. He concurred with
previous testimony that a four-story condominium project was totally incompatible with
the single-family neighborhoods. Their neighborhood is a quiet neighborhood, their
docks are the same length, there are no lights shining out into the neighborhood and
everyone takes care of each other.
Mr. Woodworth could not see how a 45' building was a transition project. He could not
comprehend how the project could fit on a 150' wide lot. He was also opposed to the
location of the pool because it was approximately 30 yards from his backyard. The
noise and the lights would disturb the entire bay. He was not opposed to some kind of
project, but was opposed to this project. Their neighborhood is an established
neighborhood and the last house that sold in the community was at $400,000 and the
waterfront homes are now selling for $1 million. He was of the opinion that the existing
neighborhoods should be rewarded, not destroyed.
Attorney Morrell noted that Mr. Woodworth was the last of his clients to testify. Attorney
Morrell referred to the line-of-sight drawing presented by the applicant. The drawing
showed that only the landowners on the north side of the street, if they stood on their lot
line immediately next to Lennar's lot, would not see the four stories. However, if you
step back 5', all the residents on the south side of 15th Place would see the entire top
floor. He pointed out that the back elevation was bare with very little architectural
articulation and the people residing in the project would be able to look down into the
entire Yachtsman's Cove community. Mr. Morrell concluded his presentation.
Brian Edwards, 628 NE 9th Avenue, was in agreement with the people who have
testified in opposition to the project. He felt that the entire project was an injustice to the
citizens.
Don McPherson, 75 Seaview Circle thought that the photographs of the trailer park
were negative photos. He asked where the people who live there were going to go if the
project moved forward and one of Lennar's representatives informed him that there was
no recourse to the trailer park residents. The trailers were not a hurricane hazard
because when the hurricanes came through the City this year, there was very little
damage to the trailer park and they collected less than $10,000 in damages. He did not
feel that the trailer park was a blight and they paid their share of taxes.
Mr. McPherson has gone blind in the past three months and was concerned how he
could find a place to live since he is unemployable and has lived at the trailer park for 15
years and 645 people will have no home.
David Fine, 2 G Street, lived in another mobile home park in the City and noted that the
City's seal states "diversity," which he felt was allowing people to live in mobile home
parks, low income housing, high rise condos and single family homes. He did not want
the City to become Boca Raton. He pointed out that the single-family homeowners had
the right to keep the homes the way they want them. He equated living next to the
proposed project an atrocity.
Chairperson Heavilin closed the public hearing.
Attorney Weiner pointed out that the testimony of the residents does not qualify as
substantial competent testimony and reviewed some of the testimony that the residents
presented. He pointed out that most of the people that spoke against the project
assumed that the height of the project would destroy the neighborhood, but no one
offered any testimony that height destroys. Attorney Weiner was not against the
citizens of the City. He was present on behalf of the citizens that worked for many years
to put together the Visions 20/20 Plan and the people who worked diligently on the
Federal Highway Corridor Plan.
Ms. Horenburger understood that there are some conditional uses allowed in the R1-AA
Zoning District, which a large portion of this project encompassed, and she further
understood that conditional uses are permitted uses under certain conditions. Ms.
Horenburger also inquired what conditional uses were permitted in a R1-AA zoning
district.
Mike Rumpf, Planning and Zoning Director, was not certain what conditional uses were
permitted in this zoning district, if any. R1-AA is very restrictive and allows detached
single-family homes. Churches, schools and the like are allowed in that zoning district
on a case-bye-case review.
Ms. Horenburger was appalled that residents in the trailer park were told that they had
no recourse. She felt that the applicant should be aware of the Florida statutes that
address people being displaced.
The Attorney for Lennar requested to respond to Ms. Horenburger's remark. Attorney
Morrell inquired if the public hearing was being reopened. The Attorney responded that
he was merely responding to a Board member's question. Attorney Spillias stated that
the Board members were permitted to ask questions. Attorney Morrell took exception to
this and felt that he should be permitted to cross-examine the witness.
Mr. Fenton pointed out that this was not a trial and that Board members were permitted
to ask questions. Attorney Spillias stated that a Board member asked a legal question
and since a legal response was being given, there would be no need to cross-examine
a legal response and recommended that the response be limited to a legal response.
John Hinden, of the law firm of Webber, Hinden, McLean & Arbiter, in the Town of
Davie, Florida, represented the applicant and stated he was the Assistant Town
Attorney for Davie and their Planning and Zoning Board Attorney for 15 years and is
familiar with tonight's process.
Attorney Hinden stated that the residents of the trailer park have recourse and he
recalled speaking with Mr. McPherson at the trailer park and advised him what his
recourse was under Florida Statute Chapter 723. He answered all the questions when
he met with the residents of the trailer park and confirmed that all the residents were
entitled to the protections under this Chapter.
Ms. Horenburger pointed out that the Board was dealing with another trailer park and in
those negotiations the developer was asked to go above and beyond the requirements
of Chapter 723. Mr. Hutchinson explained that the reason the developer of the other
trailer park was asked to go above and beyond the Statutes was due to the fact that it fit
within a special district within the Heart of Boynton and the project has special
conditions and covenants. This project does not qualify for those special conditions.
Mr. Hutchinson noted that Lennar has not asked, nor does it qualify, for incentives. Ms.
Horenburger felt that the Board should come up with a policy on dealing with people
who are displaced when a new development takes over their property.
Mr. Fenton was confused by staffs presentation and was surprised that they were trying
to cut down the height of the project to 37Y:z' since they had such great praise for the
project. He noted that he did not receive this information until Friday by special delivery
when he had already received the agenda packet previously and asked staff why they
decided to change the height requirement. He felt that the applicant went above and
beyond the setback and landscape requirements. He did not understand why a willing
seller and buyer were being penalized by making them lower the height of the project.
This action sent a terrible message to developers. He felt that Item 48 of staff
conditions should be deleted.
Mr. DeMarco was pleased that Lennar wanted to build something in the City, but he was
concerned about the citizens on the north and south sides and felt that those citizens'
concerns needed to be addressed. He noted that there was not one citizen present that
spoke in favor of the project and he was reluctant to vote for a project that no one was
in favor of. He would like Lennar to come back with a project that the citizens would
favor.
Mr. Myott commented that he reviewed all of the plans and he favored the plan that was
submitted prior to tonight's plan. He was not in favor of having the blank wall facing
south, which was Lennar's attempt to satisfy the residents. However, Mr. Myott did not
think that any kind of plan would please the neighborhood. He also acknowledged that
INCA helped develop the IPUD with the 45' height limitation and should not be surprised
with the design of the project. Mr. Myott recommended that the project be reconfigured
to accommodate the residents; however, he thought the buildings were attractive and
well designed and would not be bad neighbors from an aesthetic standpoint. Mr. Myott
asked the applicant if they would be willing to reduce the height of some of the buildings
along the water.
Attorney Weiner noted that there have been numerous meetings with the residents and
the applicant did decrease the southern half of the project. Lennar does not feel that the
height of the project would destroy the neighborhood and want to keep the project as
submitted, which they feel would be a great project for the City.
Chairperson Heavilin requested that the dockage and lighting be addressed.
Attorney Weiner responded that a photometric plan would be provided. He explained
that they would be required to screen the lights to make sure the lights do not shine into
the neighborhoods. He further stated that the lighting would not go beyond the borders
of the property.
With regard to the docks, Attorney Weiner noted that there are non-permitted docks
everywhere with boats going in and out at all hours of the day and night. He further
stated that there are no docks involved in the development.
Quintus Greene, Development Director, responded to Mr. Fenton's comment regarding
staff's request to lower the height of the buildings while at the same time praising the
project. Staff worked closely with INCA in revising the IPUD regulations and during that
process compatibility was a major consideration. This took place after the Harbor's
project was built and staff wanted to make sure that this kind of project would not
happen again. Staff feels that they have an obligation to keep faith with the community
and looked at how this project would fit in with the surrounding communities. Currently
there is a multi-family development in the area, which is 38' high, and staff felt that this
development should be no higher than the adjacent existing multi-family development.
I.".'."
Mr. Fenton asked about the height of the Harbor's project and Mr. Greene stated that it
was 43' in height.
Chairperson Heavilin did not think that the project would result in a great deal of noise,
but she had some concerns about the compatibility of the project. However, she did
agree with Mr. Myott's comment that there would never be a perfect project and the
project being presented tonight was about the best you could get. She could support
the project if it met the 38' height limit. She noted that the Federal Highway Corridor
Plan was to steep the heights towards the north and south ends of the City.
Ms. Horenburger could support the Land Use and staffs recommendation. If the Board
did proceed in this direction, what affect would this have upon the site plan?
Mr. Fenton felt that if the nine top apartments were eliminated this would result in an
economic impact for the developer, which was contrary to one of the functions of the
CRA. The applicant asked for no incentives and has not exceeded the height limitation.
Mike Rumpf responded to Ms. Horenburger's question and noted that staff takes these
things into consideration, especially when they support the project and tries to avoid
having an applicant go back through an application process. Staff feels that the project
could move forward if the applicant eliminated the floor that could be done subsequent
to the approval process.
Motion
Ms. Horenburger moved to amend the Future Land Use Designation from Local Retail
Commercial and Low Density Residential to Special High Density Residential. Motion
seconded by Mr. Myott. The Motion carried 6-0 (Mr. Barretta abstained).
Motion
Ms. Horenburger moved to approve the request to rezone the property from C-3
(Community Commercial) and R1-AA (single family residential) to IPUD (Infill Planned
Unit Development). Motion seconded by Mr. Myott and carried 5-1 (Mr. DeMarco
dissenting) (Mr. Barretta abstained).
Motion
Ms. Horenburger moved to approve the site plan for Seaview Park Club (NWSP 04-014)
with all staff recommendations. Motion failed for lack of a second.
Motion
Mr. Norem moved for approval of the site plan for Seaview Park Club (NWSP 04-014)
incorporating all staff recommendations with the exception of Condition #48. Motion
seconded by Mr. Fenton.
The Recording Secretary called the roll. The motion failed 3-3 (Chairperson Heavilin,
Mr. DeMarco and Ms. Horenburger dissenting). (Mr. Barretta abstained).
Motion
Ms. Horenburger moved to approve the site plan for Seaview Park Club (NWSP 04-014)
with all staff recommendations. Motion failed for lack of a second.
Attorney Spillias explained that the recommendation to the City Commission from the
CRA would be to approve the Land Use Amendment and Rezoning. There would be no
recommendation on the site plan approval.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting: Dates in to Citv Clerk's Office Meeting Dates
0 December 7, 2004 November 15, 2004 (Noon.) i:8J 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
0 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 3 1,2005 (Noon)
February 14, 2005 (Noo~
February 28, 2005 (Noofu;
z:
0 Administrative 0 Development Plans vJ
NATURE OF 0 Consent Agenda 0 New Business -0
AGENDA ITEM 0 i:8J -.;!;,..
Public Hearing Legal (~
0 Bids 0 Unfmished Business ,e;-
O Announcement 0 Presentation w
0 City Manager's Report
XII. - LEGAL
ITEM A.10
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RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 18, 2005 approved this request under Public Hearing
and Legal, Ordinance - First Reading, without conditions. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 04-298.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
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-16) canal
Request to rezone from R-3 Multi-family Residential and C-3 Community Commercial to
Infill Planned Unit Development (IPUD).
DESCRlPTION:
Proposed Use: Residential Condominium Development
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Development Department Direct r
At.l~/
{llauning and Z . g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS'Seaview Park Club\luar04-010\Agenda Item Request SeaviewPark ClubLUAR 04-010 2nd reading rezone 2~1-
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S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 05- C07
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF
WEINER & ARONSON, P.A., ON BEHALF OF LENNAR
HOMES, INC., TO REZONE A PARCEL OF LAND,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND ON THE EAST SIDE OF FEDERAL
HIGHWAY, APPROXIMATELY 1,000 FEET NORTH OF
THE BOYNTON (C-16) CANAL FROM MULTI-FAMILY
RESIDENTIAL (R-3) AND COMMUNITY COMMERCIAL
(C-3) TO INFILL PLANNED UNIT DEVELOPMENT
(IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
22 WHEREAS, Lennar Homes, Inc., owner of the property located on the east side
23 of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal in
24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a
25 Petition, through its agent, Weiner & Aronson, P.A., pursuant to Section 9 of Appendix
26 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
27 rezoning a parcel of land, said land being more particularly described hereinafter, from
28 Multi-Family Residential (R-3) and Community Commercial (C-3) to InfiIl Planned Unit
29 Development (IPUD); and
30 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning for the
S:\CA\Ordinances\Plannmg\RezOIling\Rezoning - Seaview Club.doc
1 property hereinafter described; and
2 WHEREAS, the City Commission, acting in its dual capacity as Local Planning
3 Agency and City Commission has found that the proposed rezoning is consistent with an
4 amendment to the Land Use which was contemporaneously considered and approved at
5 the public hearing heretofore referenced; and
6 WHEREAS, the City Commission deems it in the best interests of the inhabitants
7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section I.
The foregoing Whereas clauses are true and correct and incorporated
11 herein by this reference.
12
Section 2.
The following described land, located on the east side of Federal
13 Highway, approximately 1,000 feet north of the Boynton (C-16) Canal in the City of
14 Boynton Beach, Florida, as set forth as follows:
15 A parcel of land lying in Section 22, Township 45 South, Range 43 East,
16 Palm Beach County, Florida, being more particularly described as
17 follows:
18
19 That portion of the following described parcel lying east of the easterly
20 right-of-way line of U.S. #1 (State Road #5)
21
22 Commencing at a point 314.74 feet south of the northwest comer of
23 Section 22, Township 45 South, Range 43 East, on section line between
24 Sections 21 and 22; thence running east 1427.45 feet parallel with the
25 north line of said Section 22 to Lake Worth; thence south 158.32 feet;
26 thence west on a line parallel with said section line 1426.53 feet to the
27 section line between Sections 21 and 22; thence north 158.32 feet to the
28 point of beginning.
29
30
31 be and the same is hereby rezoned from Multi Family Residential (R-3) and Community
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Scaview Club.doc
1 Commercial (C-3) to Inti]] Planned Unit Development (IPUD). A location map is attached
2 hereto as Exhibit "A" and made a part of this Ordinance by reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
6 repeal ed.
7 Section 5. Should any section or provision ofthis Ordinance or any portion thereof be
8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of Jallllfl ry ,2005.
SECOND, FINAL READING and PASSAGE this day of
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,2005.
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28 ATTEST:
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31 City Clerk
32
33 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Seaview Club.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &: ZONING DMSION
MEMORANDUM NO. PZ 04-298
Chair and Members
Community Redevelopment Agency Board and
Mayor and ~Isslon
Dick HUdso;WP
Senior Planner 1\~
Michael W, Rumpf
Director of Planning and Zoning
January 3, 2005
Seavlew Park Club (LUAR 04-010)
Amend the future land use designation from Local Retail
Commerdal (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 DESCRIP1l:0N
. 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")
:l::3,756 acres
Local Retail Commercial (LRC) and Low Density Residential (LOR)
C-3 Community Commercial and R-l-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-unlt Condominium Development
Page 2
File Number: LUAR 04-010
Name: Seaview 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 dUjac) 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 Commerclali eastward of that, a
developed single family neighborhood (Yachtsman's Cove)
designated Low Density Residential (4.84 dujac) 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 Muiti-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 Plani
2, The project will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plani
3. The proposed site plan is consistent with the hitent 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 deslgni 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: WAR 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 Plan/Site 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 soiely 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 Analvsis
The Special High Density Residential/and use category allows up to a maximum of 20 dulac, 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 10-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 plantings 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 rezonlngs are listed In the
Land Development Regulations, Chapter 2, Section 9, AdmInistration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonlngs. These criteria are required to be part of a staff
analysis when the proposed change Includes an amendment to the Comprehensive Plan Future
Land Use Map,
a. Whether the proposed rezoning would be consIstent wIth applicable comprehensive
plan polides induding but not limited to, a prohibition agaInst any Increase in
dwelling unit density exceeding 50 In the hunt cane evacuation zone without written
approval of the Palm Beach County Emergency Planning DMslon and the City's risk
Page 5
File Number: LUAR 04-010
Name: Seaview Park Club
manager. The planning department shall also recommend limitations or
requiremen~ 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 infill residential
areas assigned to this land use category In the portion of the designated
Community Redevelopment Area Identified as Planning Area I and Planning
Area V in the ''Federal Highway Corridor CommunIty Redevelopment Plan';
adopted on May 15, 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, including 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 City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approxfmate number and
type of dwellings for whIch the demand has been projected in the Housing
and Future Land Use Elements, induding the provtslon of adequate sites for
housing very-low, low-, and moderate Income households and for mobile
homesi
Page 6
File Number: WAR 04-010
Name: Seaview Park Club
Policy 1.19.7
777e 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 Hiohwav Corridor Community Redevelopment 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
10giCill 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 ailows 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 slngle-
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
Ale 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 compatiblllty 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 64-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
Development
Potential
64 mobile
homes
69-unlt
condominium
Potential
Population
Water/Sewer
Demand
Traffic
Generation
Trips/day
503
19,968 gpdl
6000
25,116 gpd/
11 302 d
475
The project is located In Palm Beach County's Coastal Residentlal 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 selVice,
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's munidpalltles throughout the to-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
File 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 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.
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. Likewise,
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 altematives. Further, if single-family
dwellings were built on the site, which are permitted 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 slde-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 already aI/owed.
In accordance with the definition of the Special High Density Residentia/ 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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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 8.1
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetiml Dates in to City Clerk's Office Meeting Dates
0 December 7, 2004 November 15, 2004 (Noon.) i:8J 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
0 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)
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February 28, 2005 (Noopt
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0 Administrative 0 Development Plans ...J-;"
0 -
NATURE OF 0 Consent Agenda New Business U1
AGENDA ITEM i:8J Pnblic Hearing i:8J Legal -J
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the February 1,2005 City Commission Agenda under
Legal, Ordinance - First Reading. At the request of the Commission, the Planning and Development Board reviewed this
request on January 25, 2005 and returns it with a recommendation for approval. For further details pertaining to the request,
see attached Department of Development Memorandum No. PZ 03-292.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Chapter 22, Streets and Sidewalks (CDRV 05-005)
City initiated - Engineering Division
N/A
Request for amendments to the Land Development Regulations, Chapter 22. Streets and
Sidewalks related to street naming and renaming, construction of sidewalks, access to and
work within public rights-of-way, and providing for appeals, work requirements and
surety.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~,
City Manager's Signature
<-t..J -Z ~
Planning and Zom7g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Streets and Sidewalks\Agenda Item Request Chapter 22,Streets & Sidewalks CDRV 05-005 2-1-
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S:IBULLETfNIFORMSIAGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 I AN ORDINANCE OF THE CITY COMMISSION OF THE
4 I CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 PART III, OF THE CITY OF BOYNTON BEACH CODE
6 OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT
7 REGULATIONS", TO PROVIDE FOR THE CITY
8 ENGINEER TO TAKE ACTION WITH RESPECT TO
9 TECHNICAL SERVICES PROVIDED BY THE
10 ENGINEERING DIVISION OF THE DEPARTMENT OF
11 ' PUBLIC WORKS AS INDICATED IN EXHIBIT "A"
12 ATTACHED HERETO; AMENDING CHAPTER 22,
13 STREETS AND SIDEWALKS RELATING TO
14 PERMITTING OF WORK WITHIN PUBLIC RIGHTS-OF-
15 WAY AS IT MAY AFFECT PRIVATE PROPERTY
16 ADJACENT THERETO; AND THE PROCESSING OF
17 APPLICATIONS FOR PERMITS AS INDICATED IN SAID
18 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
19 CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
20 EFFECTIVE DATE.
21
22
23 WHEREAS, the City Commission for the City of Boynton Beach, Florida ("City
24 Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and
25 consolidated the City's regulations governing the use and development of land and property
26 within the City, in the best interest of the City, its residents, property owners, and visitors: and
27 WHEREAS, the City Commission revised and consolidated the City's Land
28 Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances
29 for ease of use and reference, as stated in Part III of the Code of Ordinances of the City of
30 Boynton Beach, Florida; and
31 WHEREAS, certain LDR's which established criteria, standards and specifications
32 require periodic amendments; and
33 WHEREAS, certain segments of the LDR's which require determination for the
34 issuance of permits, signed statements, and permit approval as issued, signed and approved by
35 the City Engineer and/or the Director of Public Works; and
WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20,
2002, and Ordinance Number 03-018 on June 3, 2003, that revised numerous requirements of
the LDR's as they then existed, requiring certain approvals, determinations and directives,
associated with technical services, to be issued by the City Engineer; and
WHERES, other requirements of the LDR's as they currently exists, requiring certain
updating, determinations, directives, approvals associated with technical services, to be also
issued by the City Engineer.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMMlSSION OF
THE CITY OF BOYNTON BEACH, THAT:
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22
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Section 1.
The foregoing whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. That Part III, entitled "Land Development Regulations" of the City of
Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that
additional actions associated with technical services provided by the Engineering Division of
the Department of Public Works, shall be performed by the Director of Public Works and/or the
City Engineer and indicated in Exhibit "A" which is attached hereto, and incorporated herein
by reference.
Section 3. That Part III, entitled "Land Development Regulations" of the City of
Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the
deletion of obsolete language, clarification of provisions, renumbering, and re-lettering of Part
III, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference.
Section 4. Each and every other provision of the Land Development Regulations of
the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall
remain in full force and effect as previously enacted.
"
"
Section 5.
An Ordinances or parts of Ordinances in conflict herewith are hereby I
2 repealed.
3 Section 6.
Should any section of any provision of this Ordinance or portion hereof,
4 any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid,
5 such decision shan not affect the remainder of this Ordinance.
6
Section 7.
Authority is hereby granted to codify this Ordinance.
7
Section 8.
The Ordinance shan become effective immediately upon passage.
8
FIRST READING is hereby approved by the City Commission of the City of Boynton
9 Beach on this
day of
,2005.
10
APPROVED BY THE CITY Of BOYNTON BEACH CITY COMMISSION at
11 Second and Final Reading and passage this
day of
,2005.
12
CITY OF BOYNTON BEACH, FLORIDA
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27 ATTEST:
28
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30 City Clerk
31
32
33 (CORPORATE SEAL)
34
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
* * *
CHAPTER 22
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 1. Street designation system.
All streets, avenues or other thoroughfares for vehicular traffic shall be designated in
accordance with city standards. Such designation shall be vested in the director of. t1evelOflmoHt
public works who shall also maintain the city's master land roadwav file and allocate secondary
street designations at his or her discretion.
Sec. 1.1 Street namin!! system.
Street names shall be issued as per the request of the originator of the street (or roadway)
except in the case of a section line. where roads will be given a route number in additional to the
assigned name bv as determined by either the Florida Department of Transportation or Palm
Beach Countv. whichever has iurisdiction of the street (or roadway). Proposed streets which are
on the same alignment with other existing named streets. shall bear the same name of the
existing street. All street names shall have a suffix and in no case. except as indicated in the
preceding sentence. shall the name of the proposed street (or roadwav) duplicate be phoneticallv
similar to existing street names regardless of the use of the suffix - street. avenue. boulevard.
drive. place. court. etc.
A. Curvilinear streets shall be named on the same basis as other streets and shall
carry the same name through their entire length.
B. Streets crossing Ocean A Yenue shall have north and south added to their names
accordingly.
C. Suffixes shall be limited in use as follows:
North-South Direction
East-West Direction
Court
Drive
Lane
Parkwav
Avenue
Boulevard
Place
Road
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Words in underscore type are additions.
Street
Wav
The suffixes 'Boulevard' and 'Parkwav' shall be reserved for arterials and
collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the
name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for
minor streets, cul-de-sacs, etc. Anv other requested suffix shall be approved by the director of
public works prior to its inclusion into any development.
Sec. 1.2 Vanitv street name chanl!es.
A. Standard street name changes shall conform to the standards and requirements for
naming streets as set forth in the preceding section, and shall be permitted only under the
following circumstances:
I. In response to a City Commission directive. or
2. To eliminate duplication or confusion in street names. or
3. To reduce confusion in addressing.
B. Name changes which do not meet the criteria above are considered "vanity street
names" for the purposes herein and are permitted only under the following limited
circumstances:
I. The desired name will not create confusion: and
2. The desired name does not duplicate in whole or in substantial portion. the
name of anv existing street: and
3. All property owners abutting the road have signed a petition requesting the
change and a completed application has been submitted to the Department of Public
WorkslEngineering Division: and
4. The established fee has been paid [$1.400.001: and
5. The entire length of the street must be renamed: and
6. The City Commissioners have approyed the request.
Sec. 1.3 Street numberinl!/addressinl!.
Lot or parcel addressing for individual tracts of land shall be designated in accordance
with the city's Uniform Addressinf! Procedure policy. Such designation shall be vested in the
director of public works or his designee. who shall also maintain the city's master roadway file.
Page 2 of 16
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The addressing number svstem currentlv in use within the comorate limits of the citv
shall be maintained. For those lots or parcels located in the neighboring local government (Palm
Beach Countv) that are or will be annexed into the citv will. if possible. be assigned in a manner
that maintains:
I. A logical sequence of numbers along the street or roadwav on which the propertv
is located. and as established in that neighboring government. and
2. A consistent pattern of separation of even and odd numbers.
The establishing of the exact number of a particular lot or parcel entails the dimensions of
the lot in Question. and its distance from the nearest land line or street as given in the legal
description. If the lot is on an East-West (E- W) street. it will receive an E- W number (even
numbers on the south side of the street and odd numbers on the north side). If the lot is one on a
North-South (N-S) street. it will received a N-S number (even numbers on the east side of the
street and odd numbers on the west side).
Sec. 1.4 Vanity Street numberinl!laddressine,
A. Street numbering and addressing for commercial and residential properties. shall
be based on the Citv's grid svstem as described.
B. Requested addresses which do not adhere to the Citv's grid svstem are considered
"vanitv addresses" for the purposes herein. are prohibited for residential uses and shall not be
permitted for non-residential uses except under the following circumstances:
I. The entitv requesting the "vanity address" is a prominent commercial
entity and has a location which is widelv recognized in the communitv; and
2. The requested number is not out of sequence with anv existing numbers on
the same street. (For example. the number 100 would not be permitted on a lot which is located
between two existing lots with the addresses #500 and #550); and
3.
the propertv; and
Emergencv Medical Services and the Post Office would be able to locate
4. An individual with the assistance of a generallv distributed local street
map would be able to locate the propertv without undue difficultv; and
5. The requested address does not duplicate an existing address on the same
street; and
6. The requested address would. in no wav. be iniurious to or infringe upon
the existing rights of anv other commercial entitv in the Countv; and
Page 3 of 16
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7. The requestor has submitted an affidavit which acknowledges that the
re uested address ma result in dela s in mail deliver and service rovisions' and
8. The established fee has been paid and the requestor has submitted a
com lete a lication to the De artment of Public WorkslEn ineerin Division' and
9. The Citv Commissioners have approved the request and have made a
findin; that the address re uest is related to a Cit oal such as economic develo ment which
takes recedence over the goal of maintaining the citv's grid svstem.
* * *
Sec. 3. Minimum width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt streets shall be in accordance with
Lana De'/elsjlment Regalat-ions current citv standards.
* * *
Sec. 5. Certain construction activities; Sidewalks, when required.
Prior to the issuance of any certificate of occupancylcompletion for any improvement
exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots,
platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk
thereon within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the
Land Development Regulations. This requirement shall also apply when a change in occupancy
as defined in the Standard Florida Building Code occurs andlor when any building is
reconstructed in an amount, which exceeds so'/effiy (70) fifty (50) percent of its current assessed
valuation.
C. The permits required by paragraphs A & B above shall be issued if one of the
following requirements are met:
1. If any street abutting the propertv on which such construction is to occur is
de icted on the ma or schedule on file in the Public Works D artment of the cit as a street on
which sidewalk construction is to be re uired sidewalks shall be constructed alon the entire
Page 4 of 16
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street frontage of such parceL in the case of a corner lot. the sidewalk shall be constructed also
along the access side.
2. If any street abutting the property on which such construction is to occur is
not depicted on the map or schedule on file in the Public Works Department of the citv as a street
on which sidewalk construction is required. the propertY owner shall pay a fee equal to the cost
to the city per square foot of construction of the sidewalk abutting the property. as such fee is
determined annuaily by the director of public works. Such fees shall be utilized by the city for
construction of sidewalks as provided in paragraph D hereof
D. The city shall establish four (4) accounts for sidewalk construction to be utilized
onlv for construction of new sidewalks in the city. One (1) account shall be for construction of
new sidewalks in the northwest uadrant Commission District # 4 of the ci . one I account
shall be for construction of new sidewalks in the northeast uadrant Commission District # 2 of
the city: one (1 ) account shall be for construction of new sidewalks in the southeast Quadrant
(Commission District # 3) of the citv: and one (1) account shall be for construction of new
sidewalks in the southwest Quadrant (Commission District # I).
E. The director of public works shall prepare and update annually a map or schedule
of streets or portions of streets of which construction of sidewalks is to be required. In addition.
the director of public works shall administer the requirements of this ordinance and determine
the streets or portions thereof on which sidewalk construction is to be required. pursuant to the
City Commission policy with respect thereto. Such policy shall be on file in the office of the city
clerk and. together with the annually revised map or schedule. shall also be on file for public
inspection in the Public Works Department ofthe citv.
F. Anv person aggrieved bv any decision of the director of public works regarding
construction of sidewalks abutting such person's property may appeal the decision within thirty
(30) days of the date thereof to the Planning and Development Board (PDB). which shall hear
and decide such appeal. Applications for such appeal shall be in writing. accompanied bv a one-
hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director
of public works. or may reverse such decision. The procedure set forth in this paragraph shall
constitute the onlv available remedy for any person aggrieved bv any decision ofthe director of
public works with respect to sidewalk construction and the determination of the PDB after
ratification bv the City Commission on appeal shall be the final administrative decision of the
citv. from which any further appeals shall be to a court of competent jurisdiction.
For those areas in the Community Redevelopment Agency (CRA) district. the appeal procedure
shall follow the same format. substituting the CRA for the PDB where applicable in the previous
paragraphs.
A, G. Waiver. Upon the recommendation of the city engineer, sidewalk requirements
may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle
or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with
adjacent/nearby properties previously developed without sidewalks. An application fee adopted
by resolution ofthe City Commission shall accompany applications for waiver of this section.
Page 5 of 16
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Sec. 6. Permits required for work affectin!! trees and shrubs.
No person may plant. remove. destroy. prune. set out. break. cut. deface or in any way
iniure or interfere with any tree. shrub. or similar plant on any street or alley. or upon property
owned or maintained by the citv. without fIrst obtaining a public right-of-way permit pursuant to
this chapter. For certain types of protected trees or shrubs. refer to Chapter 7.5. Article 1. Tree
Preseyation for the proper procedure in addressing such tree or shrub.
Sec.7, Vehicles crossin!! curbs and parkways.
It shall be unlawful for any person to push. pull. drive or cause to be pushed. pulled or
driven any wheeled or track-laving type vehicle, conveyance. machine. apparatus or equipment
on. oyer or across. in whole or in part. any curb or pavement laving in or on any public street.
except as provided in this section:
A. Vehicles. as described herein. mav be driven over pavement at driveways: and
B. Vehicles. as described herein. may be driven over curbs and over pavement at
other than driveways. provided that such curbs and pavement shall be adequately bridged and
shored with suitable wooden or steel structures to protect such curbs and parkways.
Sec. 8. Mailboxes on public ri!!hts-of-way.
All mailboxes placed in city right-of-ways shall be in compliance with all federal
guidelines. The city shall not be responsible for damage caused during street maintenance to
mailboxes not in compliance with federal guidelines.
Sec. 9. Depositin!!. storin!!. processin!! material in streets and roadways.
It shall be unlawful for any person to deposit. process or produce any material. including
but not limited to any recreational item in or on any street or roadway or to store the same. either
temporarily or permanently thereon: except. that building materials can be temporarily stored.
processed or produced on streets or roadways if a permit has been obtained as provided in this
chapter. and except that temporary storage of construction debris mav be temporarily stored on
streets or roadways in a container provided by a trash hauler for removal by such trash hauler. if
a permit therefore has been obtained as provided in this chapter.
Sec. 10, Removal of warnin!!s prohibited.
It shall be unlawful for any person to move. remove. damage. destroy or extinguish any
barrier. warning light. sign or notice erected. placed or posted in accordance with the provisions
of this chapter. except upon permission of the director of public works.
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ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION
Sec. 1. Standards, permit required.
All work performed in public or private rights-of-way shall conform with the current
Department of Public Works. Engineering Division's Enf!ineerinf! Design Criteria Handbook
and Construction Standards Handb8ek Manual. Except as provided herein. anv person desiring
to perform or have performed anv ofthe acts covered bv this chapter wherein a permit is
required shall secure such a permit in accordance with the rules and regulations set forth in this
chapter.
See, 2. l\pplieatioB required; cOBteuts.
An applicatien fer the permit rClluired by SeotiElu 7 henlHuder shall file with the eity
cugineer an aflfllicatiEln shewiug:
/\. Name and address Elf the El',VRer, Elr ageRt iu e-harge, of the preperty abuttiug the
proposed ',vode area;
B. ~lame and address of the party doiug the work;
C. LEleatiou of the work area;
D. .'\ttaehed plllfls, er sketch, sh6'.vlug details ofthc propElsed work;
E. Estimated cost efthe work;
F. Such other informatiou as the city engineer shall fiud reasouably necessary to
determine if a pclmit shmlld be issued hereUftder.
See, 2. Access to streets and allevs: permit required: improvements.
No person shall construct anv access across any right-of-way on any improyed or
unimproved streets within the city without first obtaining a permit to do so from the citv
engineer. This permit shall be issued if the following requirements are met:
A. The access to the street will not create undue or unnecessary safety hazards; will
not impede the safe and efficient flow of traffic and will be constructed in compliance with
applicable laws. ordinances and specifications ofthe city;
B. If the street to which access is desired is not improved with asphalt pavement.
storm sewers. and curb and gutters. it shall be improved as follows by the person seeking access
in accordance with city specifications approved by the city engineer.
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I. Curbs and gutters shall be constructed along the side of anv street to which
access is sought to the limits of the property, if nearest paved portion of that street is improved
with curbs and gutters along one or both sides.
2. Pavement shall be constructed in accordance with citv standards of
material similar or equivalent to the material used for the nearest paved portion of the street or
streets as determined by the city engineer, shall be constructed along the side of the street or
streets to which access is sought to the limits of the property and beyond to the nearest paved
portion ofthat street or streets.
3. Storm drainage shall be constructed along the street or streets to which
access is sought to the limits of the property and connected to the nearest existing storm drainage
in that street or streets. If the nearest paved portion of the street or streets is improved with storm
sewers. then storm sewers shall be installed.
4. Traffic signals shall be installed along the street or streets to which access
is desired if the property is used for other than single-family residential uses and if the traffic
volume generated from the development ofthe property meets the warrants established bv the
Florida Department of Transportation or Palm Beach County Traffic Engineering Division.
C. No person shall construct any access to any alley within the city without first
obtaining a permit to do so from the city engineer. This permit shall be issued if the following
requirements are met:
I. Pavement shall be constructed in accordance with city standards and to the
width of an V existing improved alley, or if none of the alley is improved. to the limits ofthe alley
right-of-way. along the alley to which access is sought from the limits of the property and
beyond to the nearest paved portion of the allev.
2. Adequate storm drainage shall be constructed so that storm water runoff
from the property from which access to the alley is sought shall not cause damage to adioining
properties or erosion of the land. Such storm drainage shall be constructed in accordance with
specifications as determined by the city engineer consistent with city standards as amended from
time to time. which shall assure that upstream and downstream drainage problems shall not result
therefrom.
D. Ifthe right-of-way to which access is sought has been improved after the effective
date of this section pursuant to the requirements of sub-paragraph B above. the person desiring
access shall pay to the city that portion of the oricinal cost of the improvements installed within
the right-of-way abutting his property to the centerline of the right-of-way and to the side limits
of his property. These recaptured costs shall be collected by the city and reimbursed to the
person who paid for the improvement when installed. when and ifthe city collects these costs as
aforesaid.
The City Commission. after a public hearing before the Planning and Development Board (PDB)
or the Community Redevelopment Agency (CRA). and receipt of the findings and
Page 8 ofl6
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recommendations of such board, may waive or Vary any requirement of sub-paragraph B above
for good cause shown upon application by the persons seeking access.
See, 3, Application, Permit fees.
Application for a permit under this chapter shall be made on such forms as shall be
provided bv the city engineer. No work shall commence until the city engineer or his designee
has authorized issuance of a permit therefore and such permit has been issued. For permits
issued under another chapter or any other permit which affects trees or shrubs. or will have an
affect on trees or shrubs, in rights-of-wav or on city owned property. the Department of Public
Works/Forestrv and Grounds Division shall review and approve the permit before it is issued.
An application for a permit shall be accompanied bv five (5) copies of the plans and
specifications showing the work to be done, the time required to complete such work and the
estimated cost thereof. When the permit is issued, one (1) copv of such plans and specifications
shall be returned to the applicant and the others shall be distributed to applicable divisions of the
city and one (I) shall be retained by the city engineer.
An applicant for a permit shall agree to save the city. its officers. employees and agents hannless
for anv and all costs. damages. liabilities and attorney's fees, which mav accrue or be claimed to
accrue bv reason of any work performed under such permit. The acceptance of anv permit under
this chapter shall constitute such an agreement by the applicant.
Fees for work within rights-of-way shall be as established by the City Commission from time to
time by resolution. A separate fee is payable for each curb, sidewalk, curb C\lt, drjyeway or
street tBbe altered. tyoe of work to be performed.
Sec. 4. Permit issuance,
The city engineer shall issue a permit hereunder when it is found:
A. That the plans for the proposed operation have been approved by the City
Commission or that they have been approved in accordance with Land Development
Regulations.
B. That the work will be done according to the standard specifications on the city for
public work oflike character.
C. That the operation will not unreasonably interfere with the vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and
from the property affected and adjacent properties.
D.
impaired.
That the health, welfare and safety ofthe public will not be unreasonably
E.
Permits issued under authority of this chapter are nontransferable.
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F. A copv of the permit issued under this chapter and a copv ofthe approved plans
and specifications shall be kept and displaved in a conspicuous location at all times while such
work is in progress at the location of the work.
Sec. 4.1. Insurance required for certain permits.
Each applicant for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter shall furnish the citv with a satisfactory certificate of insurance or a statement from
the administrator of a self-insurance program showing the required coverages. and containing a
limitation that the insurance coverages mav not be revoked except after ten (10) davs written
notice delivered to the city. The applicant's insurance shall provide coverage against claims for
personal iniurv as well as against claims for properlY damage which mav arise from or out of the
performance ofthe work. whether such performance be bv himself. his subcontractor or anvone
directlv or indirectlv emploved bv him. Such insurance shall cover. inter alia. collapse.
explosive hazards and underground work bv equipment on the street. and shall include liabilitv
arising from completed operations. The amount ofthe liabilitv insurance for personal iniury
shall be not less than five hundred thousand ($500.000.) dollars per person. five hundred
thousand ($500.000.) dollars per incident. and one hundred thousand ($100.000.) dollars for
propertv damage.
Sec. 4.2, Cash bond required for certain permits,
With each application for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter. an applicant shall furnish a suretv to guarantee faithful performance of the work
covered bv the permit. The suretv shall be in accordance with one of the approved forms in the
Enf!ineerinf! Desif!Tl Manual.
The amount of the cash bond shall be not less than that as established bv the Citv Commission
from time to time bv resolution. In lieu of a separate cash bond for each permit. an applicant
anticipating more than one (1 ) permit application mav furnish one cash bond in the amount of
five thousand ($5.000.) dollars to cover all permits.
The applicant shall deposit the cash bond with the citv clerk. and such bond so deposited shall be
kept in a separate account and shall stand as securitv for the full and complete performance bv
the applicant of the work covered bv such permit. subiect to the following provisions:
A. If anv direct cost to the citv of anv loss. damage. work. claim or liabilitv arises out
of the breach bv the applicant. or anv contractor or representative of the applicant. in the
performance of the applicant's obligations in connection with the work covered bv such permit
the applicant shall forfeit its bond.
B. Upon certification bv the citv engineer of completion of the work covered bv such
permit. the balance of such cash bond shall be refunded bv the citv clerk to the applicant upon
request.
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Co In the event that the city engineer shall determine that additional bond in excess of
five thousand ($5.000.) dollars is required. the applicant shall furnish suretv as noted in Section 6
below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to
one hundred ten (I 10%) percent of the estimated value of the work. If a letter of credit is
provided. it shall be dated on or before the date ofthe permit application and shall be for a term
to expire one (I) vear after receipt by the permittee of a certificate of final inspection.
Sec. 4.3. Ril!hts of the city not affected bv e:rantine: of permits.
Every permit issued under this chapter shall be granted subiect to the right ofthe city or
of any other person entitled thereto to use the street for any purpose for which such street may
lawfullv be used. not inconsistent with the permit.
Sec. 4.4. Work to be commenced within thirty days.
Work for which a permit has been issued shall commence within thirty (30) days after the
issuance of the permit therefore or within such extension of period of time as determined by the
city engineer upon good cause shown. Ifthe work is not timelv commenced. the permit shall
automatically be terminated and the fee forfeited. Pennits thus terminated mav be renewed upon
payment of an additional fee in the amount of the original fee.
Sec. 4.5. Performance of additional work.
No permittee under this chapter shall perform work in an amount or quantity greater than
that specified in the pennit except upon approval by the city engineer. Upon such approval.
additional work may be done under the provisions of the pennit an amount not greater than ten
(10) percent ofthe amount specified bv the permit. Anv fee or bond posted in connection with
the original permit shall be deemed to and must cover any such additional work as may be
approved bv the city engineer.
Sec, 4,6, Expiration; extension oftime.
Permits issued in accordance with the provisions of this chapter shall expire at the end of
the period of time. which shall be set in the application for the permit. If the permittee shall be
unable to complete the work within the time period. he shall. prior to the expiration of the permit.
present in writing to the city engineer a request for an extension of time. setting forth therein the
reasons for the requested extension. Ifin the opinion of the city engineer such an extension is
necessary and not contrary to the public interest. he may grant the permittee additional time for
completion ofthe work.
A. All extensions of permit time shall be calculated at twenty-five (25%) percent of
the original total permit fee and shall extend the life of the permit for an additional six (6) month
period.
B. One hundred (100%) percent ofa permit fee shall be added if work is started
without a valid permit.
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C. No fees shall be refunded when a permit has lapsed after work is started. When a
permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work
has been done, all but a basic fee of twenty- five ($25.) dollars to cover the cost incurred bv the
city engineer shall be refunded.
See, 4,7, Default in performance, revocation.
Whenever the citv engineer shall find that a default has occurred in the performance of any term
or condition of a permit. written notice thereof shall be given to the permittee and to the
commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the
estimated cost thereof, and the period oftime deemed by the city engineer to be necessary for the
completion of such work. After receipt of such notice, the permittee or the commercial bank
shall within the time specified either cause the required work to be performed. or failing therein.
If the required work is not performed within the specified time, the cash bond or letter of credit
shall be utilized to reimburse the city for the cost of doing the work set forth in the notice.
The city engineer may revoke any permit after prior written notice to the permittee for:
A. Violation of any provision of this chapter.
B. Violation of anv other applicable provision of this Code or anv other ordinance or
law relating to the work.
C. Existence of any condition or the doing of any act constituting or creating a
nuisance or endangering the lives or property of others.
Written notice of any such violation shall be served upon the permittee or his agent engaged in
the work. The notice shall contain a brief statement for the reason of the contemplated
revocation of the permit. Notice shall be given either by personal deliverv thereof to the person
to be notified. bv certified or registered United Stated mail addressed to the person to be notified,
or bv telegram addressed to the person to be notified. Such notice shall state the period oftime
which the permittee is being granted to correct the violation and to proceed with diligent
prosecution of the work. which time shall be no less than twenty-four (24) hours.
Sec. 4,8. Restoration of street bv city.
When anv permit has been revoked and the work authorized by the permit has not been
completed, the city may do such work as is necessary to restore the street or allev to a condition
acceotable to the city. All expenses incurred by the city for such restoration shall be paid for by
the permittee and maY be removed from the cash bond or letter of credit that the permittee has
filed with the city. and the bond or letter of credit shall so provide.
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Sec. 4,9, Abandoned facilities,
Whenever any facilities existing in the streets or alleys of the city have been abandoned
bv the owners. the owner of such facilities shall be notified ofthe requirement to remove them.
and if the owners shall fail to so remove them. the city may remove them and the owners shall
reimburse the city for the cost thereof. Notice of the citv's order to remove abandoned facilities
may be given either bv personal delivery thereof to the person to be notified. or bv certified or
registered United States mail addressed to the person to be notified. For purposes of this section.
abandoned facilities shall be defined to be facilities. which have not been utilized bv the owner
or any other person for a period of at least six (6) months. or facilities. which are no longer
necessary or useful because thev have been replaced in some other location on the propertv.
* * *
Sec. 8. Temporary permit.
The city engineer may grant a temporary verbal approval for a permit to any agent (who
is not a regular emplovee) ofthe city including the Utilities Department. in any street. alley.
roadway or public land when such excavation is necessitated bv an emergency. Such temporary
approval shall be followed within forty-eight (48) hours bv a formal application for a permit as
regularly required under the terms ofthis chapter.
ARTICLE IIJ, IV. STREET AND EASEMENT ABANDONMENT
***
ARTICLE III. STREET OPENINGS
Sec. 1. Permit required: compliance with chapter,
Anv person desiring to plow. dig. scrape or in any way make or have made any hole. pit.
ditch or excavation in or upon any street. alley. roadway or public land shall proceed with such
work only after obtaining a permit therefore and in compliance with all regulations contained in
or promulgated under this chapter including the city's Department of Public Works. Engineering
Division's Desif!n Criteria and Standards Handbook.
Sec. 2. Notice to adioinine property owners ofuroposed work.
If the work to be undertaken bv a permittee under this article is such that it will affect the
use of properties abutting or adioining the place where the work covered bv the permit is to be
done. the city engineer shall require the permittee to submit a list of the names and addresses of
the affected property owners and tenants. and the permittee shall notify the affected property
owners and tenants of the proposed work. If the work to be undertaken bv the permittee will
affect other subsurface installations in the vicinity of the proposed opening. the permittee shall
also notify the owners of such facilities of the proposed work.
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Sec. 3. Removal of debris. rubbish. etc.. from work area; urotection of persons and
property.
It shall be the dutv of everv person making any improyement in or upon any street. allev.
roadway or public land to promptly remove therefrom all rubbish. debris or material not
immediately required for such improyement. In addition thereto. such person shall protect the
place so improyed or being improved. together with all material. articles or property used in
connection therewith or taken therefrom. in a manner which the city shall direct and in such a
way as to prevent iniurv or damage to persons or property. Every such person making any such
improvements or part thereof shall be liable for all damages or iniuries sustained on public
property.
Sec. 4. Requirements for work in streets, etc.
All work in streets. alleys. roadways and public lands shall be subiect to the following
restrictions:
A No opening or excavation in any street shall extend beyond the centerline ofthe
street before being backfilled and the surface of the street temporarily restored.
B. No more than two hundred fiftv (250) feet measured longitudinallv shall be
opened in any street at anv one time.
C. All underground pipes. tiles. cables. etc.. shall be located sufficiently ahead of
trench excavation work to ayoid damage to those facilities and to permit relocation if necessary.
D. Pipes. drains. tiles. culverts or other underground facilities encountered shall be
protected as directed by the city engineer.
E. Monuments. benchmarks. or datum points of concrete. iron or other lasting
material set for the puroose of locating or preserving the lines of any street or property
subdivision. or precise survey reference point within the citv. shall not be removed or disturbed
unless permission so to do is first obtained in writing from the proper government authority.
Permission mav be granted only upon conditions that the permittee shall pay all expenses
incident to the proper replacement thereof. including the cost of a survev.
F. When work performed by the permittee interferes with the established drainage
system of any street or natural water way. provision shall be made by the permittee for adequate
temporary drainage to the satisfaction of the city engineer and consistent with the proyisions of
this Code.
G. When any earth. grayel or other excavated material is caused to roll or flow or is
washed or otherwise deposited on any step and/or sidewalk. the pennittee shall cause the same to
be removed from the street or sidewalk before the end of the working day. In the event the earth.
gravel or other excayated material so deposited is not so removed. the city engineer shall cause
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such removal and the cost incurred therebv shall be paid bv the permittee. Failure on the part of
the permittee to make immediate payment of such cost upon demand shall be cause for revoking
such permit.
H. Everv permittee shall place around the excavation or proiect such barriers,
barricades, lights, warning flags and danger signs as shall be determined by the city engineer to
be necessary for the protection of the public. Additional safety requirements may be prescribed
bv the city engineer where deemed necessary by him to protect adiacent private or public
property. Whenever any person fails to provide or maintain the safetv devices required by the
city engineer, such devices might be installed and maintained by the city. The amount of the
cost thus incurred shall be paid by the permittee.
L When any work is performed on city streets, the permittee must complv with the
traffic control procedures established by the Department of Public Works. In the event proper
traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the
citv engineer may stop work and revoke the permit.
J. Access to private driveways and alley shall be provided except during working
hours when construction operations prohibit such access. Free access shall be provided at all
time to fire hydrants.
K. Excavated materials shall be laid compactly along the side of the trench or
removed immediately from the site at the discretion of the city engineer. Excavated material
when piled alongside the excavation shall be kept trimmed so as to cause a minimum
inconvenience to public travel. In order to expedite the flow oftraffic or to abate a dirt or dust
nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If
the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary
wooden plank walks shall be installed by the permittee as directed by the city engineer. If the
street is not wide enough to hold the excavated material without using part of the adiacent
sidewalk, the permittee shall keep open a passageway at least one-half (y,) of the sidewalk width
along such sidewalk.
L. Work authorized by a permit shall be performed between the hours of7:00 a.m.
and 7:00 p.m.. Mondav through Saturday, unless the permittee obtains written consent from the
inspection officer to do the work at other times. Such permission shall be granted only: 1) in
case of emergency as determined by the city engineer; 2) where safety and traffic control
measures in accordance with city and FDOT standards are not feasible during these hours as
determined by the city engineer; 3) if the construction area is not within five hundred (500) feet
of anv single or multi-family dwelling as determined by the citv engineer: 4) or for citv work or
activities where the City Manager determines that extended hours of work are necessary to
complete the work in a timely fashion and to protect the public health, welfare and said
feasibility of safety or traffic control measures. Any permit granted under this section may
include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be
permitted on Sunday unless authorized by the City Commission as necessary and convenient for
the public health, welfare and safety.
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Sec. S. BackfilIin!! and restorin!! of openin!!s.
All backfilling and restoring of openings made in any street. alley. roadwav or public
lands shall be performed in accordance with the latest standards and specifications ofthe citv.
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO, PZ 03-292
TO:
Chairman and Members
Planning & Development Board
Michael W. R~
Director of Planning and Zoning
FROM:
DATE:
January 19,2005
SUBJECT:
Land Development Regulations, Chapter 22. Streets and Sidewalks
(CDRV 05-005)
NATURE OF REOUEST
At the initiative the City's Engineering Division, staff of the Planning & Zoning Division and Engineering
Division jointly drafted revisions to Chapter 22. Streets and sidewalks of the Land Development Regulations.
The subject revisions followed the update of technical standards and the establishment of the Engineering
Division Design handbook. Topics of the subject revisions, in part, include street numbering, naming and
renaming (Article I, Sections I - 1.4); sidewalk improvements (Section 5); the permit process for work in rights-
of-way (Article II. Sections I - 3); and insurance, bonding and other requirements (Sections 4 - Article ill,
Sections I - Section 5). The proposed amendments also include necessary references to the established design
standards such as minimum street width and construction standards.
BACKGROUND
The proposed amendments involve the Land Development Regulations; however, they principally affect
processes that are administrative, or that involve permitting post site plan approval. Based on this characteristic of
the proposed amendment, staff did not construe them to be within the interest and jurisdiction of the advisory
boards. However, upon review by the City Commission on May of 2004, the Commission acted to send them to
this Board for consideration. No specific concerns were documented in the minutes of that meeting (see attached
excerpt of meeting minutes) but just the decision for the document to be considered by the Board.
ANALYSIS
Staff has prepared no specific written analysis on the proposed amendments, which primarily entail the
codification and formalizing of once administrative functions, and the formalizing of, and amendments to rules
and regulations for work within rights-of-way. Although an appeal process is not new to the Planning &
Development Board, it should be noted that this Board is only referenced on page 5 of 16 where the appeals
process is described. This appeals process is intended only for those parties aggrieved by any decision of the
director of public works regarding the requirement to construct a sidewalk(s) adjacent to private property.
RECOMMENDATION
Staff recommends that the Planning & Development Board support the proposed amendments to Chapter 22 of
the Land Development Regulations.
Exhibits
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Streets and Sidewalks\StaffReport.doc
EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
* * *
CHAPTER 22
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 1. Street designation system.
All streets, avenues or other thoroughfares for vehicular traffic shall be designated in
accordance with city standards. Such designation shall be vested in the director of-aeyslsj'llfleflt
public works who shall also maintain the city's master laRa roadwav file and allocate secondary
street designations at his or her discretion.
See, 1.1 Street naminl!: svstem.
Street names shall be issued as per the reauest of the originator of the street (or roadwav)
except in the case of a section line. where roads will be given a route nwnber in additional to the
assigned name bv as determined bv either the Florida Department of Transportation or Palm
Beach Countv. whichever has iurisdiction of the street (or roadwav). Proposed streets which are
on the same alignment with other existing named streets. shall bear the same name of the
existing street. All street names shall have a suffix and in no case. except as indicated in the
preceding sentence. shall the name of the proposed street (or roadwav) duplicate be phoneticallv
similar to existing street names regardless of the use of the suffix - street. avenue. boulevard.
drive. place. court. etc.
A. Curvilinear streets shall be named on the same basis as other streets and shall
Carry the same name through their entire length.
B. Streets crossing Ocean A venue shall have north and south added to their names
accordinglv.
C. Suffixes shall be limited in use as follows:
North-South Direction
East-West Direction
Court
Drive
Lane
Parkwav
Avenue
Boulevard
Place
Road
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Street
Wav
The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and
collectors. The suffix 'Circle' is an option for either direction. however. it should be used as the
name implies. i.e.. a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for
minor streets. cul-de-sacs. etc. Any other reouested suffix shall be approved by the director of
public works prior to its inclusion into any development.
Sec.l.2 Vanity street name chanl!es.
A. Standard street name changes shall conform to the standards and reQuirements for
naming streets as set forth in the preceding section. and shall be permitted onlv under the
following circumstances:
I. In response to a City Commission directive. or
2. To eliminate duplication or confusion in street names. or
3. To reduce confusion in addressing.
B. Name changes which do not meet the criteria above are considered "vanity street
names" for the purposes herein and are permitted onlv under the following limited
circumstances:
I. The desired name will not create confusion; and
2. The desired name does not duplicate in whole or in substantial portion. the
name of anv existing street; and
3. All property owners abutting the road have signed a petition reQuesting the
change and a completed application has been submitted to the Deoartment of Public
WorkslEngineering Division; and
4. The established fee has been paid [$1.400.001: and
5. The entire length ofthe street must be renamed; and
6. The City Commissioners have approved the reouest.
Sec. 1.3 Street numberinwaddressInI!.
Lot or parcel addressing for individual tracts of land shall be designated in accordance
with the city's Unifonn Addressinf! Procedure policy. Such designation shall be vested in the
director of public works or his designee. who shall also maintain the city's master roadway file.
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The addressing number svstem currentlv in use within the corporate limits of the city
shall be maintained. For those lots or parcels located in the neighboring local government (Palm
Beach Countv) that are or will be annexed into the citv will. if possible. be assigned in a manner
that maintains:
I. A logical sequence of numbers along the street or roadwav on which the propertv
is located. and as established in that neighboring government. and
2. A consistent pattern of separation of even and odd numbers.
The establishing of the exact number of a particular lot or parcel entails the dimensions of
the lot in Question. and its distance from the nearest land line or street as given in the legal
description. If the lot is on an East-West (E-W) street. it will receive an E-W number (even
numbers on the south side of the street and odd numbers on the north side). If the lot is one on a
North-South (N-S) street. it will received a N-S number (even numbers on the east side of the
street and odd numbers on the west side).
Sec.l.4 Vanity Street numberinl!laddressinl!.
A. Street numbering and addressing for cornmercial and residential properties. shall
be based on the Citv's grid svstem as described.
B. Requested addresses which do not adhere to the Citv's grid svstem are considered
"vanitv addresses" for the purposes herein. are prohibited for residential uses and shall not be
permitted for non-residential uses except under the following circumstances:
I. The entitv requesting the "vanitv address" is a prominent commercial
entitv and has a location which is widelv recognized in the communitv; and
2. The requested number is not out of sequence with anv existing numbers on
the same street. (For example. the number 100 would not be ~ennitted on a lot which is located
between two existing lots with the addresses #500 and #550); and
3.
the property; and
Emergencv Medical Services and the Post Office would be able to locate
4. An individual with the assistance of a generallv distributed local street
map would be able to locate the propertv without undue difficultv; and
5. The requested address does not duplicate an existing address on the same
street; and
6. The requested address would. in no wav. be iniurious to or infringe upon
the existing rights of anv other commercial entitv in the Countv; and
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7. The requestor has submitted an affidavit which acknowledges that the
requested address may result in delays in mail delivery and service provisions; and
8. The established fee has been paid and the requestor has submitted a >
complete application to the Deoartment of Public Works/Engineering Division; and
9. The City Commissioners have approved the request and have made a
finding that the address request is related to a City goal. such as economic development. which
takes precedence over the goal of maintaining the citv's grid system.
***
Sec. 3. Minimum width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt streets shall be in accordance with
Land DeveloflRlel!t Regulations current city standards.
***
Sec. 5. Certain construction activities; Sidewalks, when required.
Prior to the issuance of any certificate of occupancylcompletion for any improvement
exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots,
platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk
thereon within the right-of-wav in conformance with Chapter 6, Article N, Section 10.T of the
Land Development Regulations. This requirement shall also apply when a change in occupancy
as defined in the Standard Florida Building Code occurs and/or when any building is
reconstructed in an amount, which exceeds so';enty (70) fifty (50) percent of its current assessed
valuation.
A. No person shall improve any parcel within the city. except for accessory buildings
and reconstruction or remodeling of existing buildings in any single- family or two- family zoning
district. without first obtaining a sidewalk permit from the city engineer.
B. No person shall construct any building. except for accessory buildings and
reconstruction or remodeling of existing buildings or additions to existing buildings which
amount to less than twenty-five (25) percent of the grOSS floor area of such building. in any
zoning district in the city other than single- familv or two- familv districts. without first obtaining
a sidewalk permit from the city engineer.
C. The permits required bv paragraphs A & B above shall be issued if one of the
following requirements are met:
I. If any street abutting the property on which such construction is to occur is
deoicted on the map or schedule on file in the Public Works Department of the city as a street on
which sidewalk construction is to be required. sidewalks shall be constructed along the entire
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street frontage of such parcel; in the case of a comer lot. the sidewalk shall be constructed also
along the access side.
2. If any street abutting the property on which such construction is to occur is
not deoicted on the map or schedule on file in the Public Works Department ofthe city as a street
on which sidewalk construction is reQuired. the propertY owner shall pay a fee eQual to the cost
to the city per SQuare foot of construction of the sidewalk abutting the propertv. as such fee is
determined annually by the director of public works. Such fees shall be utilized by the city for
construction of sidewalks as proyided in paragraph D hereof.
D. The city shall establish four (4) accounts for sidewalk construction to be utilized
only for construction of new sidewalks in the city. One (1) account shall be for construction of
new sidewalks in the northwest Quadrant (Commission District # 4) of the citv: one (1) account
shall be for construction of new sidewalks in the northeast Quadrant (Commission District # 2) of
the city; one (1 ) account shall be for construction of new sidewalks in the southeast quadrant
(Commission District # 3) of the city: and one (I) account shall be for construction of new
sidewalks in the southwest Quadrant (Commission District # 1).
E. The director of public works shall pre?are and update annually a map or schedule
of streets or portions of streets of which construction of sidewalks is to be reQuired. In addition.
the director of public works shall administer the reQuirements of this ordinance and determine
the streets or portions thereof on which sidewalk construction is to be reQuired. pursuant to the
City Commission policy with respect thereto. Such policv shall be on file in the office of the citv
clerk and. together with the annually reyised map or schedule. shall also be on file for public
inspection in the Public Works Deoartment ofthe city.
F. Any person aggrieved by anv decision of the director of public works regarding
construction of sidewalks abutting such person's property may appeal the decision within thirtv
(30) days of the date thereofto the Planning and Development Board (PDB). which shall hear
and decide such appeal. Applications for such appeal shall be in writing. accompanied by a one-
hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director
of public works. or may reyerse such decision. The procedure set forth in this paragraph shall
constitute the only available remedy for any person aggrieved by any decision of the director of
public works with respect to sidewalk construction and the determination of the PDB after
ratification by the City Commission on appeal shall be the final administratiye decision of the
citv. from which any further appeals shall be to a court of competent iurisdiction.
For those areas in the Community Redeyelopment Agencv (CRA) district. the appeal procedure
shall follow the same format. substituting the CRA for the PDB where applicable in the previous
paragraphs.
A, G. Waiver. Upon the recommendation ofthe city engineer, sidewalk requirements
may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle
or pedestrian paths, or where sidewalk requirement would not be compatible or in hannony with
adjacent/nearby properties previously developed without sidewalks. An application fee adopted
by resolution of the City Commission shall accompany applications for waiver of this section.
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""0
See, 6. Permits required for work affectin!! trees and shrubs,
No person may plant. remove. destrov. prune. set out. break. cut. deface or in any way
iniure or interfere with any tree. shrub. or similar plant on any street or allev. or upon property
owned or maintained bv the city. without first obtaining a public right-of-wav permit pursuant to
this chapter. For certain types of protected trees or shrubs. refer to Chapter 7.5. Article I. Tree
Presevation for the proper procedure in addressing such tree or shrub.
Sec.7. Vehicles crossin!! curbs and parkways.
It shall be unlawful for any person to push. pull. drive or cause to be pushed. pulled or
driven any wheeled or track-laving type vehicle. conveyance. machine. apparatus or equipment
on. over or across. in whole or in part. any curb or pavement laving in or on any public street.
except as provided in this section:
A. Vehicles. as described herein. may be driven over pavement at driveways: and
B. Vehicles. as described herein. mav be driven over curbs and over pavement at
other than drivewavs. provided that such curbs and pavement shall be adeQuatelv bridged and
shored with suitable wooden or steel structures to protect such curbs and parkways.
Sec. 8. Mailboxes on public ri!!hts-of-wav.
All mailboxes placed in city right-of-wavs shall be in compliance with all federal
guidelines. The city shall not be resPonsible for damage caused during street maintenance to
mailboxes not in compliance with federal guidelines.
Sec. 9. Depositin!!. storin!!. processin!! material in streets and roadways.
It shall be unlawful for any person to deposit. process or produce any material. including
but not limited to any recreational item in or on anv street or roadway or to store the same. either
temporarilv or permanentlv thereon: except. that building materials can be temporarilv stored.
processed or produced on streets or roadways if a permit has been obtained as provided in this
chapter. and except that temporary storage of construction debris may be temporarilv stored on
streets or roadways in a container provided bv a trash hauler for removal bv such trash hauler. if
a permit therefore has been obtained as provided in this chapter.
Sec. 10. Removal ofwarnin!!s prohibited.
It shall be unlawful for anv person to move. remove. damage. destroy or extinguish anv
barrier. warning light. sign or notice erected. vlaced or posted in accordance with the provisions
of this chapter. except upon permission of the director of public works.
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ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION
Sec. 1. Standards, permit required.
All work performed in public or private rights-of-way shall conform with the current
Department of Public Works. Engineering Division's Enf!ineerinf! Design Criteria Handbook
and Construction Standards lla/Uihaak Manual. Exceot as provided herein. anv person desiring
to perform or have performed any of the acts covered by this chapter wherein a permit is
required shall secure such a permit in accordance with the rules and regulations set forth in this
chapter.
See. 2. AflfllieatioB relluired; eOBteBts.
An llflfllieation fur the !leRRit rellllired lly Seetion 7 hereWlder shall file with the oity
engineer an a!l!llieation sho'.vmg:
.^.. Name and adllress of the OWller, or agent in eharge, oithe pro!lOft)' alllltting the
pr-e!losed work area;
B. Name llIId adElress of the !larty doing the .....ode;
C. Looation oitae work area;
D. .^.ttaooed !lIens, or skatea, shoy.~.Hg details oitae !IF-8!losed work;
E. Estimated oost of the ',vork;
F. Saeh other infOlmation as the eity engineer shall fuId reasonallly neeessar)' to
deteffilme if a Jlermit shollld lle issaed hereWlder.
Sec. 2. Access to streets and a1levs: permit required: improvements.
No person shall construct anv access across any right-of-way on any improved or
unimproved streets within the city without first obtaining a pennit to do so from the city
engineer. This permit shall be issued if the following requirements are met:
A The access to the street will not create undue or unnecessarv safety hazards; will
not impede the safe and efficient flow of traffic and will be constructed in compliance with
applicable laws. ordinances and specifications oithe city;
B. If the street to which access is desired is not improved with asphalt pavement.
storm sewers. and curb and gutters. it shall be improyed as follows by the person seeking access
in accordance with city specifications approved by the city engineer.
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I. Curbs and gutters shall be constructed along the side of anv street to which
access is sought to the limits of the propertv. if nearest paved portion of that street is improved
with curbs and gutters along one or both sides.
2. Pavement shall be constructed in accordance with citv standards of
material similar or eQuivalent to the material used for the nearest paved portion of the street or
streets as determined bv the citv engineer. shall be constructed along the side of the street or
streets to which access is sought to the limits of the propertv and bevond to the nearest paved
portion of that street or streets.
3. Storm drainage shall be constructed along the street or streets to which
access is sought to the limits of the propertv and connected to the nearest existing storm drainage
in that street or streets. If the nearest paved portion of the street or streets is improved with storm
sewers. then storm sewers shall be installed.
4. Traffic signals shall be installed along the street or streets to which access
is desired if the propertv is used for other than single- familv residential uses and if the traffic
volume generated from the development of the propertv meets the warrants established bv the
Florida Department of Transportation or Palm Beach Countv Traffic Engineering Division.
C. No person shall construct anv access to anv allev within the citv without first
obtaining a permit to do so from the citv engineer. This permit shall be issued if the following
reQuirements are met:
I. Pavement shall be constructed in accordance with citv standards and to the
width of anv existing improved allev. or if none of the allev is improved. to the limits of the alley
right-of-wav. along the allev to which access is sought from the limits ofthe propertv and
bevond to the nearest paved portion of the allev.
2. AdeQuate storm drainage shall be constructed so that storm water runoff
from the property from which access to the allev is sought shall not cause damage to adioining
properties or erosion of the land. Such storm drainage shall be constructed in accordance with
specifications as determined bv the citv engineer consistent with city standards as amended from
time to time. which shall assure that upstream and downstream drainage problems shall not result
therefrom.
D. If the right-of-wav to which access is sought has been improved after the effective
date of this section pursuant to the reQuirements of sub-paragraph B above. the person desiring
access shall pav to the city that portion of the original cost of the improvements installed within
the right-of-wav abutting his propertv to the centerline of the right-of-wav and to the side limits
of his propertv. These recaptured costs shall be collected bv the citv and reimbursed to the
person who paid for the improvement when installed. when and if the citv collects these costs as
aforesaid.
The City Commission. after a public hearing before the Planning and Development Board (PDB)
or the Community Redevelopment Agencv (CRA). and receipt of the findings and
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recommendations of such board. may waiye or yary any reauirement of sub-paragraph B aboye
for good cause shown upon application by the persons seeking access.
Sec. 3. Application. Permit fees.
Application for a permit under this chapter shall be made on such forms as shall be
proyided by the city engineer. No work shall commence until the city engineer or his designee
has authorized issuance ofa permit therefore and such permit has been issued. Forpermits
issued under another chapter or any other permit which affects trees or shrubs. or will haye an
affect on trees or shrubs. in rights-of-way or on city owned property. the Department of Public
WorkslForestry and Grounds Diyision shall reyiew and approye the permit before it is issued.
An application for a permit shall be accompanied by fiye (5) copies of the plans and
sPecifications showing the work to be done. the time reouired to complete such work and the
estimated cost thereof. When the permit is issued. one (1) COpy of such plans and specifications
shall be returned to the applicant and the others shall be distributed to applicable divisions of the
city and one (1 ) shall be retained bv the city engineer.
An applicant for a permit shall agree to save the city. its officers. employees and agents harmless
for any and all costs. damages. liabilities and attorney's fees. which may accrue or be claimed to
accrue by reason of any work performed under such permit. The acceptance of any permit under
this chapter shall constitute such an agreement by the applicant.
Fees for work within rights-of-way shall be as established by the City Commission from time to
time by resolution. A separate fee is payable for each curb, sidev.'aHl, curb eat, driveway er
street to be altered. type of work to be performed.
See, 4. Permit issuance.
The city engineer shall issue a permit hereunder when it is found:
A. That the plans for the proposed operation have been approved by the City
Commission or that they have been approved in accordance with Land Development
Regulations.
B. That the work will be done according to the standard specifications on the city for
public work oflike character.
C. That the operation will not unreasonably interfere with the vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and
from the property affected and adjacent properties.
D.
impaired.
That the health, welfare and safety of the public will not be unreasonably
E.
Permits issued under authority ofthis chapter are nontransferable.
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F. A COpy of the permit issued under this chapter and a copy of the approved plans
and specifications shall be kept and displayed in a conspicuous location at all times while such
work is in progress at the location of the work.
Sec. 4.1. Insurance required for certain permits,
Each applicant for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from
the administrator of a self-insurance program showing the required coverages. and contaiuing a
limitation that the insurance coverages may not be revoked except after ten (10) davs written
notice delivered to the city. The applicant's insurance shall provide coverage against claims for
personal iniurv as well as against claims for propertv damage which may arise from or out of the
performance of the work. whether such performance be bv himself. his subcontractor or anyone
directly or indirectly employed bv him. Such insurance shall cover. inter alia. collapse.
explosive hazards and underground work bv eQuipment on the street. and shall include liabilitv
arising from completed operations. The amount of the liability insurance for personal iniurv
shall be not less than five hundred thousand ($500.000.) dollars per person. five hundred
thousand ($500.000.) dollars per incident. and one hundred thousand ($100.000.) dollars for
property damage.
See, 4.2. Cash bond required for certain permits.
With each application for a permit under Article 1. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter. an applicant shall furnish a surety to guarantee faithful performance of the work
covered bv the permit. The surety shall be in accordance with one of the approved forms in the
EnflineerinI! Desif!fl Manual.
The amount of the cash bond shall be not less than that as established bv the City Commission
from time to time bv resolution. In lieu of a separate cash bond for each permit. an applicant
anticipating more than one (I) permit application may furnish one cash bond in the amount of
five thousand ($5.000.) dollars to cover all permits.
The applicant shall deposit the cash bond with the city clerk. and such bond so deposited shall be
kept in a separate account and shall stand as security for the full and complete performance bv
the applicant of the work covered bv such permit. subiect to the following provisions:
A. If any direct cost to the city of anv loss. damage. work. claim or liabilitv arises out
of the breach bv the applicant. or any contractor or representative of the applicant. in the
performance of the applicant's obligations in connection with the work covered bv such permit
the applicant shall forfeit its bond.
B. Upon certification bv the city engineer of completion of the work covered bv such
permit. the balance of such cash bond shall be refunded bv the city clerk to the applicant upon
reouest.
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C. In the event that the city engineer shall determine that additional bond in excess of
five thousand ($5.000.) dollars is reauired. the applicant shall furnish suretv as noted in Section 6
below and prescribed in Chapter 7 of the Land Development Regulations in an amount eaual to
one hundred ten (] 10%) percent of the estimated yalue of the work. If a letter of credit is
provided. it shall be dated on or before the date of the permit application and shall be for a term
to expire one (] ) year after receipt bv the permittee of a certificate of fmal inspection.
Sec. 4.3. Ril!:hts of the city not affected by l!:rantinl!: of permits.
Every permit issued under this chapter shall be granted subiect to the ril!:ht of the city or
of any other person entitled thereto to use the street for any purpose for which such street may
lawfully be used. not inconsistent with the permit.
Sec.4.4. Work to be commenced within thirty days.
Work for which a permit has been issued shall commence within thirtv (30) days after the
issuance of the permit therefore or within such extension of period of time as determined by the
city engineer upon l!:ood cause shown. If the work is not timely commenced. the permit shall
automatically be terminated and the fee forfeited. Permits thus terminated mav be renewed upon
payment of an additional fee in the amount of the original fee.
Sec. 4.5. Performance of additional work.
No permittee under this chapter shall perform work in an amount or auantity greater than
that specified in the permit except upon approval by the city engineer. Upon such approval.
additional work may be done under the provisions of the permit an amount not greater than ten
(] 0) percent of the amount specified by the permit. Any fee or bond posted in connection with
the original permit shall be deemed to and must cover anv such additional work as may be
approved by the city engineer.
Sec. 4.6. Expiration: extension of time.
Permits issued in accordance with the provisions of this chapter shall expire at the end of
the period of time. which shall be set in the application for the permit. If the permittee shall be
unable to complete the work within the time period. he shall. prior to the expiration of the permit.
present in writing to the city engineer a reauest for an extension of time. setting forth therein the
reasons for the reauested extension. If in the opinion of the city engineer such an extension is
necessary and not contrary to the public interest. he may grant the permittee additional time for
completion of the work.
A. All extensions of permit time shall be calculated at twenty-five (25%) percent of
the original total permit fee and shall extend the life of the permit for an additional six (6) month
period.
B. One hundred (]OO%) percent of a Permit fee shall be added if work is started
without a valid permit.
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C. No fees shall be refunded when a oermit has laosed after work is started. When a
oermit is revoked at the reauest of the oermittee orior to laosing due to time limits. and no work
has been done. all but a basic fee of twentv- five ($25.) dollars to cover the cost incurred bv the
citv engineer shall be refunded.
Sec. 4.7. Default in performance. revocation.
Whenever the citv engineer shall fmd that a default has occurred in the oerformance of anv term
or condition of a oermit. written notice thereof shall be given to the permittee and to the
commercial bank issuing a letter of credit. if any. Such notice shall state the work to be done. the
estimated cost thereof. and the period of time deemed by the city engineer to be necessary for the
completion of such work. After receipt of such notice. the permittee or the commercial bank
shall within the time specified either cause the reauired work to be performed. or failing therein.
If the reQuired work is not performed within the specified time. the cash bond or letter of credit
shall be utilized to reimburse the city for the cost of doing the work set forth in the notice.
The city engineer may revoke any permit after prior written notice to the permittee for:
A. Violation of any provision of this chaoter.
B. Violation of any other applicable provision of this Code or any other ordinance or
law relating to the work.
C. Existence of any condition or the doing of anv act constituting or creating a
nuisance or endangering the lives or prooerty of others.
Written notice of any such violation shall be served uoon the permittee or his agent engaged in
the work. The notice shall contain a brief statement for the reason of the contemplated
revocation of the permit. Notice shall be given either by personal deliyery thereof to the person
to be notified. by certified or registered United Stated mail addressed to the person to be notified.
or by telegram addressed to the person to be notified. Such notice shall state the period of time
which the permittee is being granted to correct the violation and to proceed with diligent
prosecution of the work. which time shall be no less than twenty-four (24) hours.
Sec. 4.8. Restoration of street bv city.
When any permit has been revoked and the work authorized by the permit has not been
comoleted. the city may do such work as is necessary to restore the street or alley to a condition
acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by
the permittee and may be remoyed from the cash bond or letter of credit that the oermittee has
filed with the city. and the bond or letter of credit shall so provide.
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See, 4.9. Abandoned facilities.
Whenever anv facilities existing in the streets or allevs of the citv have been abandoned
bv the owners. the owner of such facilities shall be notified of the reauirement to remove them.
and if the owners shall fail to so remove them. the city may remove them and the owners shall
reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities
may be given either by personal delivery thereofto the person to be notified. or by certified or
registered United States mail addressed to the person to be notified. For purposes of this section.
abandoned facilities shall be defined to be facilities. which have not been utilized by the owner
or any other person for a period of at least six (6) months. or facilities. which are no longer
necessary or useful because thev have been replaced in some other location on the property.
***
Sec. 8. TemDorarv permit.
The city engineer may grant a temporary verbal approval for a permit to any agent (who
is not a regular employee) of the city including the Utilities Department. in any street. alley.
roadway or public land when such excavation is necessitated by an emergency. Such temporary
approval shall be followed within forty-eight (48) hours by a formal application for a permit as
regularly required under the terms of this chapter.
ARTICLE III. IV. STREET AND EASEMENT ABANDONMENT
***
ARTICLE III, STREET OPENINGS
Sec. 1. Permit required: comDliance with chaDter.
Any person desiring to plow. dig. scrape or in any wav make or have made anv hole. pit.
ditch or excavation in or upon any street. alley. roadway or public land shall proceed with such
work only after obtaining a Permit therefore and in compliance with all regulations contained in
or promulgated under this chapter including the citv's Department of Public Works. Engineering
Division's Desif!n Criteria and Standards Handbook.
Sec. 2. Notice to adioinine: property owners of proposed work.
If the work to be undertaken by a permittee under this article is such that it will affect the
use of properties abutting or adioining the place where the work covered bv the Permit is to be
done. the city engineer shall require the permittee to submit a list of the names and addresses of
the affected property owners and tenants. and the permittee shall notify the affected propertv
owners and tenants of the proposed work. If the work to be undertaken by the permittee will
affect other subsurface installations in the vicinity of the proposed opening. the permittee shall
also notify the owners of such facilities of the proposed work.
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Sec. 3. Removal of debris. rubbish. etc.. from work area: protection of persons and
propertv.
It shall be the dutv of every person making anv improvement in or upon anv street. allev.
roadwav or public land to promptlv remove therefrom all rubbish. debris or material not
immediatelv required for such improvement. In addition thereto. such person shall protect the
place so improved or being improved. together with all material. articles or propertv used in
connection therewith or taken therefrom. in a manner which the citv shall direct and in such a
wav as to prevent iniurv or damage to persons or propertv. Every such person making anv such
improvements or part thereof shall be liable for all damages or iniuries sustained on public
propertv.
Sec. 4. Requirements for work in streets. etc.
All work in streets. allevs. roadwavs and public lands shall be subiect to the following
restrictions:
. A. No opening or excavation in anv street shall extend bevond the centerline of the
street before being backfilled and the surface of the street temporarilv restored.
B. No more than two hundred fiftv (250) feet measured longitudinallv shall be
opened in anv street at anv one time.
C. All underground pipes. tiles. cables. etc.. shall be located sufficientlv ahead of
trench excavation work to avoid damage to those facilities and to permit relocation ifnecessarv.
D. Pipes. drains. tiles. culverts or other underground facilities encountered shall be
protected as directed bv the city engineer.
E. Monuments. benchmarks. or datum points of concrete. iron or other lasting
material set for the puroose of locating or preserving the lines of anv street or propertv
subdivision. or precise survev reference point within the citv. shall not be removed or disturbed
unless permission so to do is first obtained in writing from the proper government authority.
Permission mav be granted onlv upon conditions that the permittee shall pav all expenses
incident to the proper replacement thereof. including the cost of a survev.
F. When work performed bv the permittee interferes with the established drainage
svstem of anv street or natural water wav. orovision shall be made bv the permittee for adeauate
temporary drainage to the satisfaction of the city engineer and consistent with the provisions of
this Code.
G. When anv earth. gravel or other excavated material is caused to roll or flow or is
washed or otherwise deposited on anv step and/or sidewalk. the permittee shall cause the same to
be removed from the street or sidewalk before the end of the working dav. In the event the earth.
gravel or other excavated material so deposited is not so removed. the citv engineer shall cause
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such removal and the cost incurred therebv shall be paid by the permittee. Failure on the part of
the permittee to make immediate payment of such cost upon demand shall be cause for revoking
such permit.
H. Every permittee shall place around the excayation or proiect such barriers.
barricades. lights. warning flags and danger signs as shall be detennined by the city engineer to
be necessary for the protection of the public. Additional safety reauirements may be prescribed
by the city engineer where deemed necessary by him to protect adiacent private or public
property. Whenever anv person fails to provide or maintain the safety devices reauired by the
city engineer. such devices might be installed and maintained bv the city. The amount of the
cost thus incurred shall be paid by the permittee.
I. When any work is performed on city streets. the permittee must comply with the
traffic control procedures established by the Department of Public Works. In the event proper
traffic control is lacking or deficient. and is not corrected within one (1) hour upon notice. the
citv engineer may stop work and revoke the permit.
J. Access to private driveways and allev shall be provided except during working
hours when construction operations prohibit such access. Free access shall be provided at all
time to fire hvdrants.
K. Excavated materials shall be laid compactly along the side of the trench or
removed immediatelv from the site at the discretion of the city engineer. Excavated material
when piled alongside the excavation shall be kept trimmed so as to cause a minimum
inconvenience to public traveL In order to expedite the flow of traffic or to abate a dirt or dust
nuisance. the city engineer may reauire the permittee to provide and use toe boards or bins. If
the excavated area or storage area is muddv or causes inconvenience to pedestrians. temporary
wooden plank walks shall be installed by the permittee as directed by the city engineer. If the
street is not wide enough to hold the excavated material without using part of the adiacent
sidewalk. the permittee shall keep open a passageway at least one-half (Yz) of the sidewalk width
along such sidewalk.
L. Work authorized by a permit shall be performed between the hours of 7 :00 a.m.
and 7:00 p.m.. Monday through Saturday. unless the permittee obtains written consent from the
inspection officer to do the work at other times. Such permission shall be granted only: I) in
case of emergency as determined by the city engineer; 2) where safety and traffic control
measures in accordance with city and FDOT standards are not feasible during these hours as
determined by the city engineer; 3) if the construction area is not within fiye hundred (500) feet
of any single or multi-family dwelling as determined by the city engineer; 4) or for city work or
activities where the City Manager determines that extended hours of work are necessary to
complete the work in a timely fashion and to protect the public health. welfare and said
feasibility of safety or traffic control measures. Any permit granted under this section may
include other conditions on the pennittee's ability to work after 7:00 p.m. No such work will be
permitted on Sunday unless authorized by the City Commission as necessary and convenient for
the public health. welfare and safety.
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Sec. 5, Backfillinl!: and restorinl!: of ooeninl!:s.
All backfilling and restoring of openings made in any street. alley. roadway or public
lands shall be performed in accordance with the latest standards and specifications of the city.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach. Florida
May 18. 2004
Therefore, for every 650 square foot unit, there would have to be a larger unit to offset that, A
live/work unit is a totally different matter, That has living space and workspace in the same
unit and has a minimum square footage of 1,000 square feet. This would be a small apartment
over a commercial unit.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No, 04-032, Vice Mayor Ferguson
seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with
Commissioner McCray dissenting.
3.
Proposed Ordinance No. 04-033 Re: Amending
Chapter 2, Administration, Article VIII, Education Advisory Board,
Section 2-130, "Meetings" and amending Section 2-131
"Qualifications"
Assistant City Attorney Payne Proposed Ordinance No. 04-033 by title only.
There was no one from the public who wished to address this item.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 04-033. Vice Mayor Ferguson
seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 04-039 Re: Amending the land
Development Regulations (LOR), Chapter 22 - Streets and Sidewalks
Mayor Taylor announced that he received a request that this item be removed and sent back to
the Planning & Development Board for further consideration.
Motion
Vice Mayor Ferguson made a motion to remove this item and return it to the Planning &
Development Board for further consideration. Commissioner McCray seconded the motion. City
Clerk Prainito called the roll and the motion carried unanimously.
C. Resolutions:
None
D. Other:
None
18
.t
":;;,' ;.",
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 8.1
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetine Dates in to City Clerk's Office Meetinl! Dates
0 December 7, 2004 November 15, 2004 (Noon.) i:8J 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
0 January 18,2005 January 3, 2005 (Noon) 0 March 15. 2005
Date Final Fonn Must be Turned
in to City Clerk's Office
January 17,2005 (Noon)
January 31 , 2005 (Noon)
"
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-) ..,
-co
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>J.
February 14, 2005 (N"'i!!i
;rou
February 28, 2005 (Noo~
C'
),"Y
0 Administrative 0 Development Plans ::r:
-
NATURE OF 0 Consent Agenda 0 New Business
U1
AGENDA ITEM i:8J Public Hearing i:8J Legal --'
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
'0;:.:4
. co
.~:z:
-"l
-nO)
-fT\
"J:>
f110
:c
RECOMMENDATION: Please place this request on the February I, 2005 City Commission Agenda under
Legal, Ordinance - First Reading. At the request of the Commission, the Planning and Development Board reviewed this
request on January 25, 2005 and returns it with a reconunendation for approval. For further details pertaining to the request,
see attached Department of Development Memorandwn No. PZ 03-292.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Chapter 22, Streets and Sidewalks (CDRV 05-005)
City initiated - Engineering Division
N/A
Request for amendments to the Land Development Regulations, Chapter 22. Streets and
Sidewalks related to street naming and renaming, construction of sidewalks, access to and
work within public rights-of-way, and providing for appeals, work requirements and
surety.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~,
City Manager's Signature
<-r.J-z ~
Planning and Zom7g irector City Attorney / Finance / Human Resources
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1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 PART III, OF THE CITY OF BOYNTON BEACH CODE
6 OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT
7 REGULATIONS", TO PROVIDE FOR THE CITY
8 ENGINEER TO TAKE ACTION WITH RESPECT TO
9 TECHNICAL SERVICES PROVIDED BY THE
10 ENGINEERING DIVISION OF THE DEPARTMENT OF
11 PUBLIC WORKS AS INDICATED IN EXHIBIT "A"
12 ATTACHED HERETO; AMENDING CHAPTER 22,
13 STREETS AND SIDEWALKS RELATING TO
14 PERMITTING OF WORK WITHIN PUBLIC RIGHTS-OF-
15 WAY AS IT MAY AFFECT PRIVATE PROPERTY
16 ADJACENT THERETO; AND THE PROCESSING OF
17 APPLICATIONS FOR PERMITS AS INDICATED IN SAID
18 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
19 CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
20 EFFECTIVE DATE.
21
22
23 WHEREAS, the City Commission for the City of Boynton Beach, Florida ("City
24 Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and
25 consolidated the City's regulations governing the use and development of land and property
26 within the City, in the best interest of the City, its residents, property owners, and visitors: and
27 WHEREAS, the City Commission revised and consolidated the City's Land
28 Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances
29 for ease of use and reference, as stated in Part III of the Code of Ordinances of the City of
30 Boynton Beach, Florida; and
31 WHEREAS, certain LDR's which established criteria, standards and specifications
32 require periodic amendments; and
33 WHEREAS, certain segments of the LDR's which require determination for the
34 issuance of permits, signed statements, and permit approval as issued, signed and approved by
35 the City Engineer and/or the Director of Public Works; and
WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20,
2002, and Ordinance Number 03-018 on June 3, 2003, that revised numerous requirements of
the LDR's as they then existed, requiring certain approvals, determinations and directives,
associated with technical services, to be issued by the City Engineer; and
WHERES, other requirements of the LDR's as they currently exists, requiring certain
updating, determinations, directives, approvals associated with technical services, to be also
issued by the City Engineer.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
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Section 1.
The foregoing whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. That Part III, entitled "Land Development Regulations" of the City of
Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that
additional actions associated with technical services provided by the Engineering Division of
the Department of Public Works, shall be performed by the Director of Public Works and/or the
City Engineer and indicated in Exhibit "A" which is attached hereto, and incorporated herein
by reference.
Section 3. That Part III, entitled "Land Development Regulations" of the City of
Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the
deletion of obsolete language, clarification of provisions, renumbering, and re-lettering of Part
III, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference.
Section 4. Each and every other provision of the Land Development Regulations of
the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall
remain in full force and effect as previously enacted.
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I
Section 5.
All Ordinances or parts of Ordinances in conflict herewith are hereby
2 repealed.
3
Section 6.
Should any section of any provision of this Ordinance or portion hereof,
4 any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this Ordinance.
6
Section 7.
Authority is hereby granted to codify this Ordinance.
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Section 8.
The Ordinance shall become effective immediately upon passage.
8
FIRST READING is hereby approved by the City Commission ofthe City of Boynton
9 Beach on this
day of
,2005.
10
APPROVED BY THE CITY Of BOYNTON BEACH CITY COMMISSION at
II
Second and Final Reading and passage this
day of
,2005.
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CITY OF BOYNTON BEACH, FLORIDA
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IS
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27 ATTEST:
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30 City Clerk
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33 (CORPORATE SEAL)
34
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
* * *
CHAPTER 22
STREETS AND SIDEWALKS
ARTICLE I, IN GENERAL
See, 1, Street designation system.
All streets, avenues or other thoroughfares for vehicular traffic shall be designated in
accordance with city standards. Such designation shall be vested in the director of-ac'/clopffiefll
public works who shall also maintain the city's master lan4 roadwav file and allocate secondary
street designations at his or her discretion.
Sec. 1,1 Street namin!! system.
Street names shall be issued as per the request of the originator of the street (or roadway)
except in the case of a section line. where roads will be given a route number in additional to the
assigned name by as determined by either the Florida Department of Transportation or Palm
Beach Countv. whichever has iurisdiction of the street (or roadwav). Proposed streets which are
on the same alignment with other existing named streets. shall bear the same name of the
existing street. All street names shall have a suffix and in no case. except as indicated in the
preceding sentence. shall the name of the proposed street (or roadway) duplicate be phonetically
similar to existing street names regardless of the use of the suffix - street. ayenue. boulevard.
drive. place. court. etc.
A. Curvilinear streets shall be named on the same basis as other streets and shall
carry the same name through their entire length.
B. Streets crossing Ocean A venue shall have north and south added to their names
accordinglv.
C. Suffixes shall be limited in use as follows:
North-South Direction
East-West Direction
Court
Drive
Lane
Parkway
Avenue
Boulevard
Place
Road
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Street
Way
The suffixes 'Boulevard' and 'Parkwav' shall be reserved for arterials and
collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the
name implies, i.e" a curvilinear roadwav. The use of 'Terrace' and 'Trace' shall be reserved for
minor streets. cul-de-sacs, etc. Any other requested suffix shall be approved by the director of
public works prior to its inclusion into anv development.
Sec.1.2 Vanity street name chanl!es.
A Standard street name changes shall conform to the standards and requirements for
naming streets as set forth in the preceding section, and shall be permitted only under the
following circumstances:
I. In response to a City Commission directive, or
2. To eliminate duplication or confusion in street names, or
3. To reduce confusion in addressing.
B. Name changes which do not meet the criteria above are considered "vanity street
names" for the purposes herein and are permitted only under the following limited
circumstances:
I. The desired name will not create confusion; and
2. The desired name does not duplicate in whole or in substantial portion, the
name of anv existing street; and
3. All property owners abutting the road have signed a petition requesting the
change and a completed application has been submitted to the Deparhnent of Public
WorkslEngineering Division; and
4. The established fee has been paid [$1.400.001; and
5. The entire length of the street must be renamed; and
6. The City Commissioners have approved the request.
Sec. 1.3 Street numberinl!laddressinl!,
Lot or parcel addressing for individual tracts of land shall be desi€J1ated in accordance
with the city's Uniform Addressinf! Procedure policv. Such designation shall be vested in the
director of public works or his designee. who shall also maintain the city's master roadway file.
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The addressing number system currently in use within the corporate limits ofthe city
shall be maintained. For those lots or parcels located in the neighboring local government (Palm
Beach Countv) that are or will be annexed into the city will, if possible, be assigned in a manner
that maintains:
I. A logical sequence of numbers along the street or roadway on which the property
is located. and as established in that neighboring government. and
2. A consistent pattern of separation of even and odd numbers.
The establishing of the exact number of a particular lot or parcel entails the dimensions of
the lot in question. and its distance from the nearest land line or street as giyen in the legal
description. If the lot is on an East-West (E- W) street, it will receive an E- W number (even
numbers on the south side of the street and odd numbers on the north side). Ifthe lot is one on a
North-South (N-S) street, it will received a N-S number (even numbers on the east side of the
street and odd numbers on the west side).
Sec.1.4 Vanity Street numberinl!laddressinl!.
A. Street numbering and addressing for cornmercial and residential properties. shall
be based on the City's grid system as described.
B. Requested addresses which do not adhere to the Citv's grid system are considered
"vanity addresses" for the purposes herein. are prohibited for residential uses and shall not be
permitted for non-residential uses except under the following circumstances:
I. The entity requesting the "vanity address" is a prominent commercial
entity and has a location which is widely recognized in the community: and
2. The requested number is not out of sequence with any existing numbers on
the same street. (For example, the number 100 would not be permitted on a lot which is located
between two existing lots with the addresses #500 and #550); and
3.
the propertv; and
Emergencv Medical Services and the Post Office would be able to locate
4. An individual with the assistance of a generally distributed local street
map would be able to locate the property without undue difficulty; and
5. The requested address does not duplicate an existing address on the same
street: and
6. The requested address would, in no way. be iniurious to or infringe upon
the existing rights of any other commercial entity in the County: and
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7. The requestor has submitted an affidavit which acknowledges that the
re uested address ma result in dela s in mail deliver and service rovisions' and
8. The established fee has been paid and the requestor has submitted a
complete application to the Department of Public Works/Engineering Division; and
9. The Citv Commissioners have approved the request and have made a
findin~ that the address re uest is related to a Cit oal such as economic develo ment which
takes recedence over the goal of maintaining the citv's grid svstem.
* * *
Sec. 3. Minimum width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt streets shall be in accordance with
LaRd DeveloJ3ment Regulations current citv standards.
* * *
Sec. 5. Certain construction activities; Sidewalks, when required.
Prior to the issuance of any certificate of occupancylcompletion for any improvement
exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots,
platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk
thereon within the right-of-wav in conformance with Chapter 6, Article IV, Section 10.T of the
Land Development Regulations. This requirement shall also apply when a change in occupancy
as defined in the StaRsard Florida Building Code occurs and/or when any building is
reconstructed in an amount, which exceeds seventy (70) fiftv (50) percent of its current assessed
valuation.
C. The permits required bv paragraphs A & B above shall be issued if one ofthe
following requirements are met:
1. If any street abutting the property on which such construction is to occur is
de icted on the ma or schedule on file in the Public Works D artment ofthe cit as a street on
which sidewalk construction is to be re uired sidewalks shall be constructed alon the entire
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street frontage of such parcet in the case of a comer lot. the sidewalk shall be constructed also
along the access side.
2. If anv street abutting the property on which such construction is to occur is
not depicted on the map or schedule on file in the Public Works Department ofthe city as a street
on which sidewalk construction is reQuired. the property owner shall pay a fee eQual to the cost
to the citv per SQuare foot of construction of the sidewalk abutting the property. as such fee is
determined annually by the director of public works. Such fees shall be utilized by the city for
construction of sidewalks as provided in paragraph D hereof.
D. The city shall establish four (4) accounts for sidewalk construction to be utilized
only for construction of new sidewalks in the city. One (J) account shall be for construction of
new sidewalks in the northwest uadrant Commission District # 4 of the ci . one 1 account
shall be for construction of new sidewalks in the northeast uadrant Commission District # 2 of
the city; one (1) account shall be for construction of new sidewalks in the southeast Quadrant
(Commission District # 3) of the city; and one (J) account shall be for construction of new
sidewalks in the southwest quadrant (Commission District # 1 ).
E. The director of public works shall prepare and update annually a map or schedule
of streets or portions of streets of which construction of sidewalks is to be required. In addition.
the director of public works shall administer the requirements ofthis ordinance and determine
the streets or portions thereof on which sidewalk construction is to be reQuired. pursuant to the
City Commission policv with respect thereto. Such policy shall be on file in the office ofthe city
clerk and. together with the annually revised map or schedule. shall also be on file for public
inspection in the Public Works Department of the city.
F. Any person aggrieved by any decision of the director of public works regarding
construction of sidewalks abutting such person's property may appeal the decision within thirty
(30) days of the date thereof to the Planning and Development Board (PDB). which shall hear
and decide such appeal. Applications for such appeal shall be in writing. accompanied by a one-
hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director
of public works. or may reverse such decision. The procedure set forth in this paragraph shall
constitute the only available remedy for any person aggrieved by any decision of the director of
public works with respect to sidewalk construction and the determination of the PDB after
ratification by the City Commission on appeal shall be the final administrative decision of the
city. from which any further appeals shall be to a court of competent jurisdiction.
For those areas in the Community Redevelopment Agency (CRA) district. the appeal procedure
shall follow the same format. substituting the CRA for the PDB where applicable in the previous
paragraphs.
A, G. Waiver. Upon the recommendation of the city engineer, sidewalk requirements
may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle
or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with
adjacent/nearby properties previously developed without sidewalks. An application fee adopted
by resolution of the City Commission shall accompany applications for waiver of this section.
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Sec. 6, Permits reauired for work affectinl! trees and shrubs.
No person may plant. remove. destroy. prune. set out. break. cut. deface or in anv way
iniure or interfere with any tree. shrub. or similar plant on anv street or allev. or upon property
owned or maintained bv the city. without first obtaining a public right-of-wav permit pursuant to
this chapter. For certain types of protected trees or shrubs. refer to Chapter 7.5. Article 1. Tree
Presevation for the proper procedure in addressing such tree or shrub.
Sec. 7. Vehicles crossinl! curbs and parkways.
It shall be unlawful for any person to push. pull. drive or cause to be pushed. pulled or
driven any wheeled or track-laving type vehicle. convevance. machine. apparatus or equipment
on. over or across. in whole or in part. anv curb or pavement laving in or on any public street.
except as provided in this section:
A. Vehicles. as described herein. may be driven over pavement at driveways: and
B. Vehicles. as described herein. may be driven over curbs and over pavement at
other than drivewavs. provided that such curbs and pavement shall be adequately bridged and
shored with suitable wooden or steel structures to protect such curbs and parkways.
Sec. 8. Mailboxes on public ril!hts-of-wav.
All mailboxes placed in city right-of-wavs shall be in compliance with all federal
guidelines. The city shall not be responsible for damage caused during street maintenance to
mailboxes not in compliance with federal guidelines.
Sec. 9, Depositinl!. storinl!. processinl! material in streets and roadways.
It shall be unlawful for anv person to deposit. process or produce any material. including
but not limited to anv recreational item in or on any street or roadway or to store the same. either
temporarily or permanently thereon: except. that building materials can be temporarily stored.
processed or produced on streets or roadways if a permit has been obtained as provided in this
chapter. and except that temporary storage of construction debris mav be temporarily stored on
streets or roadways in a container provided bv a trash hauler for removal bv such trash hauler. if
a permit therefore has been obtained as provided in this chapter.
See, 10. Removal ofwarninl!s prohibited.
It shall be unlawful for any person to move. remove. damage. destroy or extinguish any
barrier. warning light. sign or notice erected. placed or posted in accordance with the provisions
of this chapter. except upon permission ofthe director of public works.
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ARTICLE II, CONSTRUCTION, REPAIR OR ALTERATION
Sec. 1. Standards, permit reqnired.
All work performed in public or private rights-of-way shall conform with the current
Department of Public Works, Engineering Division's Enf!ineerinf! Design Criteria Handbook
and Construction Standards lfflndbook Manual. Excevt as provided herein. anv person desiring
to perform or have performed anv of the acts covered bv this chapter wherein a permit is
required shall secure such a permit in accordance with the rules and regulations set forth in this
chapter.
See. 2. f.pplieati9B required; e9BteBt~,
f.n ap)3lication for the permit required by Section 7 hereunder shall file with the city
engineer an lIj3)31icatien showing:
L Name and adEkess of the owner, or agent in charge, of the )3ro)3erty abutting the
proJlosed work area;
B. Name and address ofilie party d0ing the work;
C. Location 0f the w0fk area;
D. Attached plans, or sketch, sfl0wing details of the )3ropesed '.'/0f!c;
E. Estimated cost ofthe work;
F. Sueh other inf0rmati0n as the aity engineer shall find reas0nably necessary to
detefffiine if a pemlit sl10uld be issued hereHllder.
Sec. 2, Access to streets and allevs; permit required; improvements.
No person shall construct any access across any right-of-wav on any improved or
unimproved streets within the citv without first obtaining a permit to do so from the citv
engineer. This permit shall be issued ifthe following requirements are met:
A. The access to the street will not create undue or unnecessary safety hazards; will
not impede the safe and efficient flow of traffic and will be constructed in comoliance with
applicable laws. ordinances and specifications of the city:
B. If the street to which access is desired is not improved with asphalt pavement,
storm sewers. and curb and gutters. it shall be improved as follows by the person seeking access
in accordance with city specifications approved by the city engineer.
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I. Curbs and gutters shall be constructed along the side of any street to which
access is sought to the limits of the property, if nearest payed portion onhat street is improyed
with curbs and gutters along one or both sides.
2. Payement shall be constructed in accordance with city standards of
material similar or eQuiyalent to the material used for the nearest payed portion of the street or
streets as determined by the city engineer, shall be constructed along the side of the street or
streets to which access is sought to the limits of the property and beyond to the nearest payed
portion onhat street or streets.
3. Storm drainage shall be constructed along the street or streets to which
access is sought to the limits of the property and connected to the nearest existing storm drainage
in that street or streets. If the nearest payed portion onhe street or streets is improyed with storm
sewers, then storm sewers shall be installed.
4. Traffic signals shall be installed along the street or streets to which access
is desired if the property is used for other than single-family residential uses and if the traffic
yolume generated from the deyelopment onhe property meets the warrants established by the
Florida Department of Transportation or Palm Beach County Traffic Engineering Diyision.
C. No person shall construct any access to any alley within the citv without first
obtaining a permit to do so from the city engineer. This permit shall be issued if the following
requirements are met:
I. Payement shall be constructed in accordance with city standards and to the
width of any existing improved alley, or if none of the alley is improved, to the limits of the alley
right-of-way, along the alley to which access is sought from the limits of the propertv and
beyond to the nearest paved portion onhe allev.
2. Adequate storm drainage shall be constructed so that storm water runoff
from the property from which access to the allev is sought shall not cause damage to adjoining
properties or erosion of the land. Such storm drainage shall be constructed in accordance with
specifications as determined by the city engineer consistent with citv standards as amended from
time to time, which shall assure that upstream and downstream drainage problems shall not result
therefrom.
D. If the right-of-way to which access is sought has been improved after the effective
date of this section pursuant to the requirements of sub-paragraph B above, the person desiring
access shall pay to the city that portion of the original cost of the improvements installed within
the right-of-way abutting his property to the centerline of the right-of-way and to the side limits
of his propertv. These recaptured costs shall be collected by the city and reimbursed to the
person who paid for the improvement when installed, when and inhe city collects these costs as
aforesaid.
The City Commission, after a public hearing before the Planning and Development Board (PDB)
or the Community Redevelopment Agency (CRA), and receipt of the findings and
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recommendations of such board. mav waive or Vary any requirement of sub-paragraph B above
for good cause shown upon application bv the persons seeking access.
Sec. 3. Application, Permit fees.
Application for a pennit under this chapter shall be made on such forms as shall be
provided bv the citv engineer. No work shall commence until the city engineer or his designee
has authorized issuance of a permit therefore and such permit has been issued. For permits
issued under another chapter or anv other permit which affects trees or shrubs. or will have an
affect on trees or shrubs. in rights-of-way or on city owned propertv. the Department of Public
Works/Forestrv and Grounds Division shall review and approve the permit before it is issued.
An application for a permit shall be accompanied bv five (5) copies of the plans and
specifications showing the work to be done. the time required to complete such work and the
estimated cost thereof. When the permit is issued. one (1) copv of such plans and specifications
shall be returned to the applicant and the others shall be distributed to applicable divisions of the
city and one (1 ) shall be retained by the city engineer.
An applicant for a permit shall agree to save the city. its officers. emplovees and agents harmless
for any and all costs. damages. liabilities and attomev's fees. which may accrue or be claimed to
accrue by reason of anv work performed under such permit. The acceptance of anv permit under
this chapter shall constitute such an agreement by the applicant.
Fees for work within rights-of-way shall be as established by the City Commission from time to
time by resolution. A separate fee is payable for each 6MB, sidewalk, 6MB 6Ut, oo'/ev:ay or
street to Be altered. type of work to be performed.
Sec. 4. Permit issuance,
The city engineer shall issue a permit hereunder when it is found:
A. That the plans for the proposed operation have been approved by the City
Commission or that they have been approved in accordance with Land Development
Regulations.
B. That the work will be done according to the standard specifications on the city for
public work oflike character.
C. That the operation will not unreasonably interfere with the vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and
from the property affected and adjacent properties.
D.
impaired.
That the health, welfare and safety of the public will not be unreasonably
E.
Permits issued under authoritv of this chapter are nontransferable.
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F. A copv of the permit issued under this chapter and a copv of the approved plans
and specifications shall be kept and displaved in a conspicuous location at all times while such
work is in progress at the location ofthe work.
Sec. 4.1. Insurance required for certain permits.
Each applicant for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter shall furnish the citv with a satisfactory certificate of insurance or a statement from
the administrator of a self-insurance program showing the required coverages. and containing a
limitation that the insurance coverages mav not be revoked except after ten (10) davs written
notice delivered to the citv. The applicant's insurance shall provide coverage against claims for
personal iniurv as well as against claims for propertv damage which mav arise from or out ofthe
performance of the work. whether such performance be bv himself. his subcontractor or anyone
directly or indirectly emploved bv him. Such insurance shall cover. inter alia. collapse.
explosive hazards and underground work by equipment on the street. and shall include liabilitv
arising from completed operations. The amount of the liabilitv insurance for personal iniury
shall be not less than five hundred thousand ($500.000.) dollars per person. five hundred
thousand ($500.000.) dollars per incident. and one hundred thousand ($100.000.) dollars for
propertv damage.
Sec. 4.2. Cash bond required for certain permits,
With each application for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter. an applicant shall furnish a suretv to guarantee faithful performance of the work
covered bv the permit. The suretv shall be in accordance with one of the approved forms in the
Enl<ineerinl< Desim Manual.
The amount of the cash bond shall be not less than that as established bv the City Commission
from time to time bv resolution. In lieu of a separate cash bond for each permit. an applicant
anticipating more than one (1) permit application mav furnish one cash bond in the amount of
five thousand ($5.000.) dollars to cover all permits.
The applicant shall deposit the cash bond with the citv clerk. and such bond so deposited shall be
kept in a separate account and shall stand as security for the full and complete performance bv
the applicant ofthe work covered bv such permit. subiect to the following provisions:
A If any direct cost to the city of anv loss. damage. work. claim or liabilitv arises out
of the breach bv the applicant. or any contractor or representative of the applicant. in the
performance of the applicant's obligations in connection with the work covered bv such permit
the applicant shall forfeit its bond.
B. Upon certification bv the city engineer of completion of the work covered bv such
permit. the balance of such cash bond shall be refunded bv the citv clerk to the applicant upon
request.
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C. In the event that the citv engineer shall determine that additional bond in excess of
five thousand ($5.000.) dollars is required. the applicant shall furnish suretv as noted in Section 6
below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to
one hundred ten (110%) percent of the estimated value of the work. If a letter of credit is
provided. it shall be dated on or before the date of the permit application and shall be for a term
to expire one (1) year after receipt by the permittee of a certificate of final inspection.
Sec. 4.3. Rh!hts of the city not affected by e:rantine: of permits,
Every permit issued under this chapter shall be granted subiect to the right ofthe city or
of any other person entitled thereto to use the street for anv purpose for which such street may
lawfully be used. not inconsistent with the permit.
Sec. 4.4. Work to be commenced within thirty days.
Work for which a permit has been issued shall commence within thirty (30) days after the
issuance of the permit therefore or within such extension of period of time as determined by the
city engineer upon good cause shown. If the work is not timely commenced. the permit shall
automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon
payment of an additional fee in the amount ofthe original fee.
Sec. 4.5. Performance of additional work.
No permittee under this chapter shall perform work in an amount or quantity greater than
that specified in the permit except upon approval by the city engineer. Upon such approval.
additional work may be done under the provisions of the permit an amount not greater than ten
(10) percent of the amount specified bv the permit. Any fee or bond posted in connection with
the original permit shall be deemed to and must cover any such additional work as may be
approved bv the city engineer.
Sec. 4.6, Expiration; extension oftime.
Permits issued in accordance with the provisions of this chapter shall expire at the end of
the period oftime. which shall be set in the application for the pennit. If the permittee shall be
unable to complete the work within the time period. he shall. prior to the expiration of the permit.
present in writing to the city engineer a request for an extension oftime. setting forth therein the
reasons for the requested extension. If in the opinion of the city engineer such an extension is
necessary and not contrary to the public interest. he may grant the permittee additional time for
completion ofthe work.
A. All extensions of permit time shall be calculated at twenty-five (25%) percent of
the original total permit fee and shall extend the life of the permit for an additional six (6) month
period.
B. One hundred (100%) percent of a permit fee shall be added if work is started
without a valid permit.
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C. No fees shall be refunded when a permit has lapsed after work is started. When a
permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work
has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred bv the
citv engineer shall be refunded.
See, 4.7. Default in performance, revocation.
Whenever the city engineer shall find that a default has occurred in the performance of any term
or condition of a permit, written notice thereof shall be given to the permittee and to the
commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done. the
estimated cost thereof. and the period of time deemed bv the city engineer to be necessary for the
completion of such work. After receipt of such notice, the permittee or the commercial bank
shall within the time specified either cause the required work to be performed, or failing therein.
If the required work is not performed within the specified time, the cash bond or letter of credit
shall be utilized to reimburse the city for the cost of doing the work set forth in the notice.
The city engineer may revoke anv permit after prior written notice to the permittee for:
A. Violation of any provision of this chapter.
B. Violation of any other applicable provision of this Code or anv other ordinance or
law relating to the work.
C. Existence of anv condition or the doing of anv act constituting or creating a
nuisance or endangering the lives or properlv of others.
Written notice of any such violation shall be served upon the permittee or his agent engaged in
the work. The notice shall contain a brief statement for the reason of the contemplated
revocation of the permit. Notice shall be given either bv personal deliverv thereof to the person
to be notified, by certified or registered United Stated mail addressed to the person to be notified.
or by telegram addressed to the person to be notified. Such notice shall state the period oftime
which the permittee is being granted to correct the violation and to proceed with diligent
prosecution ofthe work. which time shall be no less than twenty-four (24) hours.
Sec. 4,8. Restoration of street bv city.
When anv permit has been revoked and the work authorized by the permit has not been
completed. the citv may do such work as is necessary to restore the street or alley to a condition
acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by
the permittee and may be removed from the cash bond or letter of credit that the permittee has
filed with the city, and the bond or letter of credit shall so provide.
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Sec. 4.9. Abandoned facilities.
Whenever anv facilities existing in the streets or allevs ofthe citv have been abandoned
bv the owners. the owner of such facilities shall be notified of the requirement to remove them,
and if the owners shall fail to so remove them, the city mav remove them and the owners shall
reimburse the citv for the cost thereof. Notice of the citv's order to remove abandoned facilities
mav be given either bv personal delivery thereof to the person to be notified. or bv certified or
registered United States mail addressed to the person to be notified. For purposes of this section,
abandoned facilities shall be defined to be facilities. which have not been utilized bv the owner
or any other person for a period of at least six (6) months. or facilities. which are no longer
necessary or useful because they have been replaced in some other location on the property.
* * *
Sec. 8. Temporary permit.
The city engineer may grant a temporary verbal approval for a permit to any agent (who
is not a regular employee) ofthe city including the Utilities Department. in any street. alley,
roadway or public land when such excavation is necessitated by an emergency. Such temporary
approval shall be followed within forty-eight (48) hours by a formal application for a permit as
regularly required under the terms of this chapter.
ARTICLE IIh IV. STREET AND EASEMENT ABANDONMENT
* * *
ARTICLE III. STREET OPENINGS
Sec. 1. Permit required; compliance with chapter.
Anv person desiring to plow. dig, scrape or in any way make or have made any hole, pit.
ditch or excavation in or upon any street, alley. roadway or public land shall proceed with such
work only after obtaining a permit therefore and in compliance with all regulations contained in
or promulgated under this chapter including the city's Department of Public Works, Engineering
Division's Desif!Tl Criteria and Standards Handbook.
Sec. 2. Notice to adioininl!: property owners of proposed work.
If the work to be undertaken bv a permittee under this article is such that it will affect the
use of properties abutting or adioining the place where the work covered by the permit is to be
done. the city engineer shall require the permittee to submit a list of the names and addresses of
the affected property owners and tenants, and the permittee shall notify the affected propertv
owners and tenants of the proposed work. If the work to be undertaken by the permittee will
affect other subsurface installations in the vicinity of the proposed opening. the permittee shall
also notify the owners of such facilities of the proposed work.
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Sec. 3. Removal of debris, rubbish, etc., from work area; protection of persons and
property.
It shall be the dutv of everv person making anv improvement in or upon anv street. allev.
roadway or public land to promptlv remove therefrom all rubbish. debris or material not
immediatelv required for such improvement. In addition thereto. such person shall protect the
place so improved or being improved. together with all material. articles or propertv used in
connection therewith or taken therefrom. in a manner which the citv shall direct and in such a
way as to prevent iniurv or damage to persons or property. Everv such person making anv such
improvements or part thereof shall be liable for all damages or iniuries sustained on public
property.
Sec. 4. Requirements for work in streets, etc.
All work in streets. allevs. roadways and public lands shall be subiect to the following
restrictions:
A. No opening or excavation in anv street shall extend beyond the centerline ofthe
street before being backfilled and the surface ofthe street temporarilv restored.
B. No more than two hundred fifty (250) feet measured longitudinallv shall be
opened in any street at any one time.
C. All underground pipes. tiles. cables. etc.. shall be located sufficientlv ahead of
trench excavation work to avoid damage to those facilities and to permit relocation if necessary.
D. Pipes. drains. tiles. culverts or other underground facilities encountered shall be
protected as directed bv the city engineer.
E. Monuments. benchmarks. or datum points of concrete. iron or other lasting
material set for the purpose of locating or preserving the lines of any street or property
subdivision. or precise survey reference point within the city. shall not be removed or disturbed
unless permission so to do is first obtained in writing from the proper government authority.
Permission may be granted onlv upon conditions that the permittee shall pay all expenses
incident to the proper replacement thereof. including the cost of a survey.
F. When work performed bv the permittee interferes with the established drainage
system of any street or natural water way. provision shall be made bv the permittee for adequate
temporary drainage to the satisfaction of the city engineer and consistent with the provisions of
this Code.
G. When anv earth. gravel or other excavated material is caused to roll or flow or is
washed or otherwise deposited on any step and/or sidewalk. the permittee shall cause the same to
be removed from the street or sidewalk before the end of the working day. In the event the earth.
gravel or other excavated material so deposited is not so removed. the city engineer shall cause
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such removal and the cost incurred thereby shall be paid bv the permittee. Failure on the part of
the permittee to make immediate payment of such cost upon demand shall be cause for reyoking
such permit.
H. Every permittee shall place around the excayation or proiect such barriers,
barricades. lights, warning flags and danger signs as shall be determined by the citv engineer to
be necessary for the protection ofthe public. Additional safety requirements may be prescribed
by the city encineer where deemed necessary by him to protect adiacent private or public
property. Wheneyer any person fails to proyide or maintain the safetv devices required by the
citv engineer. such devices might be installed and maintained by the city. The amount of the
cost thus incurred shall be paid by the permittee.
L When anv work is performed on city streets, the permittee must comply with the
traffic control procedures established by the Department of Public Works. In the event proper
traffic control is lacking or deficient, and is not corrected within one (!) hour upon notice, the
city engineer may stop work and revoke the permit.
J. Access to private drivewavs and allev shall be provided except during working
hours when construction operations prohibit such access. Free access shall be provided at all
time to fire hvdrants.
K. Excavated materials shall be laid compactly along the side of the trench or
removed immediately from the site at the discretion of the city engineer. Excavated material
when piled alongside the excavation shall be kept trimmed so as to cause a minimum
inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust
nuisance. the citv engineer may require the permittee to provide and use toe boards or bins. If
the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary
wooden plank walks shall be installed by the permittee as directed by the city encineer. If the
street is not wide enough to hold the excavated material without using part of the adiacent
sidewalk, the permittee shall keep open a passageway at least one-half (Yz) of the sidewalk width
along such sidewalk.
L. Work authorized by a permit shall be performed between the hours of7:00 a.m.
and 7:00 p.m.. Monday through Saturdav, unless the permittee obtains written consent from the
inspection officer to do the work at other times. Such permission shall be granted only: 1) in
case of emergencv as determined by the city engineer: 2) where safety and traffic control
measures in accordance with city and FDOT standards are not feasible during these hours as
determined by the city engineer: 3) if the construction area is not within five hundred (500) feet
of anv single or multi-familv dwelling as determined by the citv engineer: 4) or for city work or
activities where the City Manager determines that extended hours of work are necessary to
complete the work in a timely fashion and to protect the public health, welfare and said
feasibility of safety or traffic control measures. Any permit granted under this section may
include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be
permitted on Sunday unless authorized bv the City Commission as necessary and convenient for
the public health, welfare and safetv.
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Sec. 5. BackfiJlinl! and restorinl! of openinl!s.
All backfilling and restoring of openings made in anv street, alley, roadway or public
lands shall be performed in accordance with the latest standards and specifications of the city.
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 03-292
TO:
Chairman and Members
Planning & Deve]opment Board
Michael W. RU~
Director ofP]anning and Zoning
FROM:
DATE:
January 19,2005
SUBJECT:
Land Deve]opment Regu]ations, Chapter 22. Streets and Sidewalks
(CDRV 05-005)
NATURE OF REOUEST
At the initiative the City's Engineering Division, staff of the Planning & Zoning Division and Engineering
Division jointly drafted revisions to Chapter 22. Streets and sidewalks of the Land Deve]opment Regu]ations.
The subject revisions followed the update of technical standards and the establishment of the Engineering
Division Design handbook. Topics of the subject revisions, in part, include street numbering, naming and
renaming (Article I, Sections] - ].4); sidewalk improvements (Section 5); the permit process for work in rights-
of-way (Artic]e II. Sections ] - 3); and insurance, bonding and other requirements (Sections 4 - Article ill,
Sections ] - Section 5). The proposed amendments also include necessary references to the established design
standards such as minimum street width and construction standards.
BACKGROUND
The proposed amendments involve the Land Development Regu]ations; however, they principally affect
processes that are administrative, or that involve permitting post site plan approval. Based on this characteristic of
the proposed amendment, staff did not construe them to be within the interest and jurisdiction of the advisory
boards. However, upon review by the City Commission on May of 2004, the Commission acted to send them to
this Board for consideration. No specific concerns were documented in the minutes of that meeting (see attached
excerpt of meeting minutes) but just the decision for the document to be considered by the Board.
ANALYSIS
Staff has prepared no specific written analysis on the proposed amendments, which primarily entail the
codification and formalizing of once administrative functions, and the formalizing of, and amendments to rules
and regulations for work within rights-of-way. A]though an appeal process is not new to the Planning &
Deve]opment Board, it should be noted that this Board is only referenced on page 5 of 16 where the appeals
process is described. This appeals process is intended only for those parties aggrieved by any decision of the
director of public works regarding the requirement to construct a sidewalk(s) adjacent to private property.
RECOMMENDATION
Staff recommends that the Planning & Development Board support the proposed amendments to Chapter 22 of
the Land Development Regulations.
Exhibits
S:\Plannmg\SHARED\WP\SPECPROJ\CODE REVIEW\Streets and Sidewalks\StaffReport.doc
EXHIBIT "A"
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
* * *
CHAPTER 22
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 1, Street designation system.
All streets, avenues or other thoroughfares for vehicular traffic shall be designated in
accordance with city standards. Such designation shall be vested in the director ofaeyeloflmeHt
public works who shall also maintain the city's master land roadwav file and allocate secondary
street designations at his or her discretion.
Sec. 1,1 Street namin!!: system.
Street names shall be issued as per the reQuest of the originator of the street (or roadway)
except in the case of a section line. where roads will be given a route number in additional to the
assigned name by as determined by either the Florida Department of Transportation or Palm
Beach County. whichever has iurisdiction of the street (or roadway). Proposed streets which are
on the same alignment with other existing named streets. shall bear the same name of the
existing street. All street names shall have a suffix and in no case. except as indicated in the
preceding sentence. shall the name of the proposed street (or roadway) duplicate be phonetically
similar to existing street names regardless ofthe use of the suffix - street. avenue. boulevard.
drive. place. court. etc.
A. Curvilinear streets shall be named on the same basis as other streets and shall
Carry the same name through their entire length.
B. Streets crossing Ocean Avenue shall have north and south added to their names
accordinglv.
C. Suffixes shall be limited in use as follows:
North-South Direction
East-West Direction
Court
Drive
Lane
Parkwav
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Avenue
Boulevard
Place
Road
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Street
Way
The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and
collectors. The suffix 'Circle' is an option for either direction. however. it should be used as the
name implies. i.e.. a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for
minor streets. cul-de-sacs. etc. Anv other requested suffix shall be approved bv the director of
public works prior to its inclusion into any development.
Sec.1.2 Vanity street name chan2es.
A. Standard street name changes shall conform to the standards and reauirements for
naming streets as set forth in the preceding section. and shall be permitted onlv under the
following circumstances:
1. In response to a City Commission directive. or
2. To eliminate duplication or confusion in street names. or
3. To reduce confusion in addressing.
B. Name changes which do not meet the criteria above are considered "vanitv street
names" for the purposes herein and are permitted onlv under the following limited
circumstances:
I. The desired name will not create confusion: and
2. The desired name does not duplicate in whole or in substantial portion. the
name of any existing street: and
3. All property owners abutting the road have signed a petition reauesting the
change and a completed application has been submitted to the Deoartment of Public
WorkslEnlrineering Division: and
4. The established fee has been paid [$1.400.001: and
5. The entire length of the street must be renamed: and
6. The City Commissioners have approved the reauest.
Sec. 1.3 Street numberin2laddressin2.
Lot or parcel addressing for individual tracts of land shall be designated in accordance
with the city's Uniform Addressinf! Procedure policy. Such designation shall be vested in the
director of public works or his designee. who shall also maintain the city's master roadway file.
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The addressing number svstem currentlv in use within the corporate limits ofthe citv
shall be maintained. For those lots or parcels located in the neighboring local government (Palm
Beach Countv) that are or will be annexed into the citv will. if possible. be assigned in a manner
that maintains:
I. A logical seQuence of numbers along the street or roadwav on which the propertY
is located. and as established in that neighboring government. and
2. A consistent pattern of separation of even and odd numbers.
The establishing of the exact number of a particular lot or parcel entails the dimensions of
the lot in Question. and its distance from the nearest land line or street as given in the legal
description. If the lot is on an East-West (E- W) street. it will receive an E- W number (even
numbers on the south side of the street and odd numbers on the north side). If the lot is one on a
North-South (N-S) street. it will received a N-S number (even numbers on the east side of the
street and odd numbers on the west side).
Sec.1.4 Vanity Street numberinl!laddressinl!.
A. Street numbering and addressing for commercial and residential properties. shall
be based on the Citv's grid system as described.
B. ReQuested addresses which do not adhere to the City's grid svstem are considered
"vanitv addresses" for the purposes herein. are prohibited for residential uses and shall not be
permitted for non-residential uses except under the following circumstances:
I. The entitv reQuesting the "vanitv address" is a prominent commercial
entitv and has a location which is widelv recognized in the communitv: and
2. The reQuested number is not out of sequence with anv existing numbers on
the same street. (For example. the number 100 would not be permitted on a lot which is located
between two existing lots with the addresses #500 and #550); and
3.
the propertv; and
Emergencv Medical Services and the Post Office would be able to locate
4. An individual with the assistance of a generallv distributed local street
map would be able to locate the propertv without undue difficultv: and
5. The reQuested address does not duplicate an existing address on the same
street; and
6. The requested address would. in no wav. be iniurious to or infringe upon
the existing rights of anv other commercial entitv in the County: and
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7. The requestor has submitted an affidavit which acknowledges that the
requested address mav result in delavs in mail delivery and service provisions; and
8. The established fee has been paid and the requestor has submitted a .
complete application to the Department of Public WorkslEngineering Division; and
9. The Citv Commissioners have approved the reauest and have made a
finding that the address request is related to a Citv goal. such as economic development. which
takes precedence over the goal of maintaining the citv's grid svstem.
***
Sec. 3. Minimum width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt streets shall be in accordance with
Land De'/elejlmeBt Regulatioas current citv standards.
* * *
Sec. S. Certain construction activities: Sidewalks, when required.
Prior to the issuance of any certificate of occupancy/completion for any improvement
exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots,
platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk
!hereoa within the right-of-wav in conformance with Chapter 6, Article IV, Section 10.T of the
Land Development Regulations. This requirement shall also apply when a change in occupancy
as defined in the Stllflaara Florida Building Code occurs and/or when any building is
reconstructed in an amount, which exceeds seveHtJ' (79) fiftv (50) percent ofits current assessed
valuation.
A. No person shall improve anv parcel within the citv. except for accessorv buildings
and reconstruction or remodeling of existing buildings in anv single-familv or two-family zoning
district. without first obtaining a sidewalk permit from the city engineer.
B. No person shall construct any building, except for accessory buildings and
reconstruction or remodeling of existing buildings or additions to existing buildings which
amount to less than twenty-five (25) percent of the grOSS floor area of such building. in anv
zoning district in the citv other than single-family or two-familv districts, without first obtaining
a sidewalk permit from the city engineer.
C. The permits reauired by paragraphs A & B above shall be issued if one of the
following requirements are met:
I. If any street abutting the propertv on which such construction is to occur is
depicted on the map or schedule on file in the Public Works Department of the city as a street on
which sidewalk construction is to be required, sidewalks shall be constructed along the entire
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street frontage of such parcel; in the case of a corner lot. the sidewalk shall be constructed also
along the access side.
2. If any street abutting the property on which such construction is to occur is
not depicted on the map or schedule on file in the Public Works Department ofthe city as a street
on which sidewalk construction is required. the propertY owner shall pay a fee equal to the cost
to the city per square foot of construction of the sidewalk abutting the propertY. as such fee is
determined annually by the director of public works. Such fees shall be utilized by the city for
construction of sidewalks as provided in paragraph D hereof.
D. The city shall establish four (4) accounts for sidewalk construction to be utilized
onlv for construction of new sidewalks in the city. One (I) account shall be for construction of
new sidewalks in the northwest Quadrant (Commission District # 4) of the city; one (1) account
shall be for construction of new sidewalks in the northeast Quadrant (Commission District # 2) of
the citv; one (1) account shall be for construction of new sidewalks in the southeast Quadrant
(Commission District # 3) of the city; and one (I) account shall be for construction of new
sidewalks in the southwest Quadrant (Commission District # 1 ).
E. The director of public works shall prepare and update annually a map or schedule
of streets or portions of streets of which construction of sidewalks is to be required. In addition.
the director of public works shall administer the requirements of this ordinance and determine
the streets or portions thereof on which sidewalk construction is to be required. pursuant to the
Citv Commission policy with respect thereto. Such policy shall be on file in the office of the city
clerk and. together with the annually revised map or schedule. shall also be on file for public
inspection in the Public Works Department of the city.
F. Any person aggrieved by anv decision of the director of public works regarding
construction of sidewalks abutting such person's property may appeal the decision within thirtv
(30) davs ofthe date thereofto the Planning and Development Board (PDB). which shall hear
and decide such appeal. Applications for such appeal shall be in writing. accompanied by a one-
hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director
of public works. or may reyerse such decision. The procedure set forth in this paragraph shall
constitute the only available remedy for any person aggrieved by any decision of the director of
public works with respect to sidewalk construction and the determination of the PDB after
ratification by the City Commission on appeal shall be the [mal administrative decision ofthe
city. from which any further appeals shall be to a court of competent jurisdiction.
For those areas in the Community Redevelopment Agency (CRA) district. the appeal procedure
shall follow the same format. substituting the CRA for the PDB where applicable in the previous
paragraphs.
A, G. Waiver. Upon the recommendation ofthe city engineer, sidewalk requirements
may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle
or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with
adjacent/nearby properties previously deyeloped without sidewalks. An application fee adopted
by resolution of the City Commission shall accompany applications for waiver of this section.
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Sec. 6, Permits required for work affectin!!: trees and shrubs.
No person may plant. remoye. destroy. prune. set out. break. cut. deface or in any way
iniure or interfere with any tree. shrub. or similar plant on any street or alley. or upon property
owned or maintained by the city. without first obtaining a public right-of-way permit pursuant to
this chapter. For certain types of protected trees or shrubs. refer to Chapter 7.5. Article I. Tree
Preseyation for the proper procedure in addressing such tree or shrub.
Sec.7. Vehicles crossin!!: curbs and parkwavs.
It shall be Wllawful for any person to push. pull. driye or cause to be pushed. pulled or
driyen any wheeled or track-laving type yehicle. conyeyance. machine. apparatus or eClUipment
on. oyer or across. in whole or in part. any curb or payement laving in or on any public street.
except as proyided in this section:
A. Vehicles. as described herein. may be driyen oYer payement at driyeways: and
B. Vehicles. as described herein. mav be driyen oyer curbs and oyer payement at
other than driyeways. proyided that such curbs and payement shall be adequately bridged and
shored with suitable wooden or steel structures to protect such curbs and parkways.
Sec. 8. Mailboxes on public ri!!:hts-of-way.
All mailboxes placed in city right-of-wavs shall be in compliance with all federal
guidelines. The city shall not be resPonsible for damage caused during street maintenance to
mailboxes not in compliance with federal guidelines.
Sec. 9. Depositing. storin!!:. processin!!: material in streets and roadwavs.
It shall be unlawful for any person to deposit. process or produce any material. including
but not limited to any recreational item in or on any street or roadway or to store the same. either
temporarily or permanently thereon: except. that building materials can be temporarily stored.
processed or produced on streets or roadways if a permit has been obtained as proyided in this
chapter. and except that temporary storage of construction debris may be temporarily stored on
streets or roadways in a container provided by a trash hauler for remoyal by such trash hauler. if
a permit therefore has been obtained as proyided in this chapter.
Sec. 10. Removal of wamin!!:s nrohibited.
It shall be unlawful for any person to moye. remoye. damage. destroy or extinguish any
barrier. warning light. sil!l1 or notice erected. placed or posted in accordance with the proyisions
of this chapter. except upon permission of the director of public works.
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ARTICLE II, CONSTRUCTION, REPAIR OR ALTERATION
Sec. 1, Standards, permit required.
All work performed in public or private rights-of-way shall conform with the current
Department of Public Works. Engineering Division's EnIrineerinf! Design Criteria Handbook
and Construction Standards }[sndb88!r Manual. Except as provided herein. any person desiring
to perform or have performed any of the acts covered bv this chapter wherein a permit is
required shall secure such a permit in accordance with the rules and regulations set forth in this
chapter.
See. 2. .",.plllieatieo required; eeoteots,
/.n appliaatioll fur the permit relllHr-ed 13y Seotiell 7 her-emuier shall file with the eity
engilleer all applieatiell shev:illg:
f.. Name aDd aaaress efthe e.,vfler, er agellt ill eharge, efthe pr-eperty a13littillg the
pfBpesed wer~( area;
B. Name aDa aadress efthe party deiRg the 'Nerk;
C. Loaatiell of the werk area;
D. f.ttaeheli plalls, er sketeh, shev:ing aetails efthe pfepesea werk;
E. Estimateli eest ef the ',york;
F. Sueh ether illfofffiatiell as the eity eHgineer shall finli reasella13ly Reeessary to
determine if a pefffiit sheula 13e issued herelHllier.
Sec. 2. Access to streets and a1levs: permit required: improvements.
No person shall construct anv access across any right-of-wav on any improved or
unimproved streets within the city without first obtaining a Pennit to do so from the city
engineer. This permit shall be issued if the following requirements are met:
A. The access to the street will not create undue or unnecessary safetv hazards: will
not impede the safe and efficient flow of traffic and will be constructed in compliance with
applicable laws. ordinances and specifications ofthe citv:
B. If the street to which access is desired is not improved with asphalt pavement.
storm sewers. and curb and gutters. it shall be improved as follows bv the person seeking access
in accordance with city specifications approved bv the city engineer.
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1. Curbs and gutters shall be constructed along the side of any street to which
access is sought to the limits of the property. if nearest payed portion of that street is improyed
with curbs and gutters along one or both sides.
2. Payement shall be constructed in accordance with city standards of
material similar or eauiyalent to the material used for the nearest payed portion of the street or
streets as determined by the city engineer. shall be constructed along the side ofthe street or
streets to which access is sought to the limits of the property and beyond to the nearest payed
portion of that street or streets.
3. Storm drainage shall be constructed along the street or streets to which
access is sought to the limits of the property and connected to the nearest existing storm drainage
in that street or streets. If the nearest paved portion of the street or streets is improved with storm
sewers. then storm sewers shall be installed.
4. Traffic signals shall be installed along the street or streets to which access
is desired if the property is used for other than single-family residential uses and if the traffic
volwne generated from the development of the property meets the warrants established by the
Florida Department of Transportation or Palm Beach County Traffic Engineering Division.
C. No person shall construct any access to any alley within the city without first
obtaining a permit to do so from the city engineer. This permit shall be issued if the following:
requirements are met:
1. Pavement shall be constructed in accordance with city standards and to the
width of any existing improved alley. or if none of the alley is improved. to the limits of the alley
right-of-way. along the alley to which access is sought from the limits of the property and
beyond to the nearest payed portion of the alley.
2. Adequate storm drainage shall be constructed so that storm water runoff
from the property from which access to the alley is sought shall not cause damage to adioining
properties or erosion ofthe land. Such storm drainage shall be constructed in accordance with
specifications as determined by the city engineer consistent with city standards as amended from
time to time. which shall assure that upstream and downstream drainage problems shall not result
therefrom.
D. If the right-of-way to which access is sought has been improved after the effective
date of this section pursuant to the reauirements of sub-paragraph B above. the person desiring
access shall pay to the city that portion of the original cost of the improyements installed within
the right-of-way abutting his property to the centerline of the right-of-way and to the side limits
of his property. These recaptured costs shall be collected by the city and reimbursed to the
person who paid for the improvement when installed. when and if the city collects these costs as
aforesaid.
The City Commission. after a public hearing before the Planning and Development Board (PDB)
or the Community Redevelopment Agency (CRA). and receipt of the findings and
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recommendations of such board. may waive or Vary any reQuirement of sub-paragraph B above
for good cause shown upon application by the persons seeking access.
Sec. 3, Application. Permit fees,
Application for a permit under this chapter shall be made on such forms as shall be
provided by the city engineer. No work shall commence until the citv engineer or his designee
has authorized issuance of a permit therefore and such permit has been issued. For permits
issued under another chapter or any other permit which affects trees or shrubs. or will have an
affect on trees or shrubs. in rights-of-way or on city owned propertv. the Deoartment of Public
WorksIForestrv and Grounds Division shall review and approve the permit before it is issued.
An application for a permit shall be accompanied bv five (5) copies of the plans and
specifications showing the work to be done. the time reQuired to complete such work and the
estimated cost thereof. When the permit is issued. one (1) copv of such plans and specifications
shall be returned to the applicant and the others shall be distributed to applicable divisions of the
citv and one (1) shall be retained by the city engineer.
An applicant for a permit shall agree to save the citv. its officers. employees and agents harmless
for any and all costs. damages. liabilities and attorney's fees. which may accrue or be claimed to
accrue by reason of anv work performed under such Permit. The acceotance of any permit under
this chapter shall constitute such an agreement by the applicant.
Fees for work within rights-of-way shall be as established by the City Commission from time to
time by resolution. A separate fee is payable for each sure, sidtl\valk, slffb 611t, drjVtl\'/1I7' ar
skeet to be altered. type of work to be performed.
Sec. 4. Permit issuance.
The city engineer shall issue a permit hereunder when it is found:
A. That the plans for the proposed operation have been approved by the City
Commission or that they have been approved in accordance with Land Development
Regulations.
B. That the work will be done according to the standard specifications on the city for
public work oflike character.
C. That the operation will not unreasonably interfere with the vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and
from the property affected and adjacent properties.
D.
impaired.
That the health, welfare and safety ofthe public will not be unreasonably
E.
Permits issued under authority ofthis chapter are nontransferable.
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F. A copy of the pennit issued under this chapter and a copy of the approyed plans
and sPecifications shall be kept and displayed in a conspicuous location at all times while such
work is in progress at the location of the work.
Sec. 4.1. Insurance required for certain permits,
Each applicant for a Permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from
the administrator of a self-insurance program showing the reQuired coyerages. and containing a
limitation that the insurance coyerages may not be reyoked except after ten (j 0) days written
notice delivered to the city. The applicant's insurance shall provide coyerage against claims for
personal iniury as well as against claims for property damage which may arise from or out of the
performance of the work. whether such performance be by himself. his subcontractor or anyone
directly or indirectly emploved by him. Such insurance shall cover. inter alia. collapse.
explosive hazards and underground work by eauipment on the street. and shall include liability
arising from completed operations. The amount of the liability insurance for personal iniurv
shall be not less than five hundred thousand ($500.000.) dollars per person. five hundred
thousand ($500.000.) dollars per incident. and one hundred thousand ($100.000.) dollars for
property damage.
Sec. 4.2. Cash bond required for certain permits.
With each application for a permit under Article I. Sections 5. 7 & 9. and Article II. Section 2 of
this chapter. an applicant shall furnish a surety to guarantee faithful performance of the work
covered by the pennit. The surety shall be in accordance with one of the approved forms in the
Enf!ineerinf! Desif!1l Manual.
The amount of the cash bond shall be not less than that as established by the City Commission
from time to time by resolution. In lieu of a separate cash bond for each permit. an applicant
anticipating more than one (j) permit application may furnish one cash bond in the amount of
five thousand ($5.000.) dollars to cover all permits.
The applicant shall deposit the cash bond with the city clerk. and such bond so deposited shall be
kept in a separate account and shall stand as security for the full and complete performance by
the applicant of the work covered by such pennit. subiect to the following provisions:
A. If anv direct cost to the city of anv loss. damage. work. claim or liability arises out
of the breach by the applicant. or any contractor or representative of the applicant. in the
performance of the applicant's obligations in connection with the work covered by such permit
the applicant shall forfeit its bond.
B. Upon certification by the city engineer of completion of the work covered by such
pennit. the balance of such cash bond shall be refunded by the city clerk to the applicant upon
reauest.
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C. In the event that the citv engineer shall determine that additional bond in excess of
five thousand ($5.000.) dollars is reQuired. the applicant shall furnish suretv as noted in Section 6
below and prescribed in Chapter 7 of the Land Development Regulations in an amount eQual to
one hundred ten (110%) percent of the estimated value of the work. If a letter of credit is
provided. it shall be dated on or before the date of the permit application and shall be for a term
to expire one (I) vear after receipt bv the permittee of a certificate of final insPection.
Sec. 4.3. Ril!hts ofthe city not affected by l!rantinl! of permits.
Every permit issued under this chapter shall be granted subiect to the right of the citv or
of any other person entitled thereto to use the street for any purpose for which such street may
lawfully be used, not inconsistent with the permit.
Sec. 4.4. Work to be commenced within thirty days.
Work for which a permit has been issued shall commence within thirty (30) days after the
issuance of the permit therefore or within such extension of period of time as determined by the
city engineer upon good cause shown. If the work is not timely commenced. the permit shall
automatically be terminated and the fee forfeited. Permits thus terminated mav be renewed upon
payment of an additional fee in the amount of the original fee.
Sec. 4.5. Performance of additional work.
No permittee under this chapter shall perform work in an amount or Quantity greater than
that specified in the permit except upon approval bv the city engineer. Upon such approval.
additional work may be done under the provisions of the permit an amount not greater than ten
(10) percent of the amount specified by the permit. Any fee or bond posted in connection with
the original permit shall be deemed to and must cover any such additional work as may be
approved by the citv engineer.
Sec. 4.6. Expiration: extension of time.
Permits issued in accordance with the provisions of this chapter shall expire at the end of
the period of time. which shall be set in the application for the permit. If the permittee shall be
unable to complete the work within the time period. he shall. prior to the expiration of the Permit.
present in writing to the city engineer a reQuest for an extension of time. setting forth therein the
reasons for the reQuested extension. If in the opinion of the city engineer such an extension is
necessary and not contrary to the public interest. he may grant the permittee additional time for
completion of the work.
A. All extensions of permit time shall be calculated at twentv-five (25%) percent of
the original total permit fee and shall extend the life of the permit for an additional six (6) month
period.
B. One hundred (100%) percent of a permit fee shall be added if work is started
without a valid permit.
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C. No fees shall be refunded when a permit has lapsed after work is started. When a
permit is revoked at the request of the permittee prior to lapsing due to time limits. and no work
has been done. all but a basic fee of twentv- five ($25.) dollars to cover the cost incurred bv the
citv engineer shall be refunded.
Sec. 4.7. Default in performance, revocation.
Whenever the citv engineer shall find that a default has occurred in the performance of anv term
or condition of a permit. written notice thereof shall be given to the permittee and to the
commercial bank issuing a letter of credit. if anv. Such notice shall state the work to be done. the
estimated cost thereof. and the period of time deemed bv the citv engineer to be necessary for the
completion of such work. After receipt of such notice. the permittee or the commercial bank
shall within the time sPecified either cause the required work to be performed. or failing therein.
If the required work is not performed within the specified time. the cash bond or letter of credit
shall be utilized to reimburse the city for the cost of doing the work set forth in the notice.
The city engineer mav revoke anv permit after prior written notice to the permittee for:
A. Violation of any provision of this chapter.
B. Violation of any other applicable provision of this Code or anv other ordinance or
law relating to the work.
C. Existence of anv condition or the doing of anv act constituting or creating a
nuisance or endangering the lives or property of others.
Written notice of any such violation shall be served upon the permittee or his agent engaged in
the work. The notice shall contain a brief statement for the reason of the contemplated
revocation of the Permit. Notice shall be given either bv personal delivery thereof to the person
to be notified. bv certified or registered United Stated mail addressed to the person to be notified.
or by telegram addressed to the person to be notified. Such notice shall state the period of time
which the permittee is being granted to correct the violation and to proceed with diligent
prosecution of the work. which time shall be no less than twentv-four (24) hours.
Sec. 4.8. Restoration of street by city.
When anv permit has been revoked and the work authorized bv the permit has not been
completed. the citv mav do such work as is necessary to restore the street or alley to a condition
acceptable to the city. All expenses incurred bv the city for such restoration shall be paid for by
the permittee and mav be removed from the cash bond or letter of credit that the permittee has
filed with the city. and the bond or letter of credit shall so provide.
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See, 4.9, Abandoned facilities.
Whenever any facilities existing in the streets or alleys of the citv have been abandoned
bv the owners. the owner of such facilities shall be notified of the reQuirement to remove them.
and if the owners shall fail to so remove them. the city may remove them and the owners shall
reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities
may be given either bv personal delivery thereof to the person to be notified. or bv certified or
registered United States mail addressed to the person to be notified. For purposes of this section.
abandoned facilities shall be defined to be facilities. which have not been utilized bv the owner
or any other person for a period of at least six (6) months. or facilities. which are no longer
necessary or useful because they have been replaced in some other location on the property.
***
Sec. 8. Temporary permit.
The city engineer may grant a temporary verbal approval for a permit to any agent (who
is not a regular employee) ofthe city including the Utilities Department. in any street. alley.
roadway or public land when such excavation is necessitated bv an emergency. Such temporary
approval shall be followed within fortv-eilmt (48) hours bv a formal application for a permit as
regularly rClluired under the terms of this chapter.
ARTICLE III. IV. STREET AND EASEMENT ABANDONMENT
* * *
ARTICLE III, STREET OPENINGS
Sec. 1. Permit required: compliance with chapter.
Anv person desiring to plow. dig. scrape or in any way make or have made any hole. pit.
ditch or excavation in or upon any street. alley. roadway or public land shall proceed with such
work only after obtaining a permit therefore and in compliance with all regulations contained in
or promulgated under this chapter including the citv's Department of Public Works. Engineering
Division's Desif!n Criteria and Standards Handbook.
Sec. 2. Notice to adioininl!: propertv owners of proposed work.
If the work to be undertaken bv a permittee under this article is such that it will affect the
use of properties abutting or adioining the place where the work covered bv the permit is to be
done. the city engineer shall reQuire the permittee to submit a list of the names and addresses of
the affected property owners and tenants. and the permittee shall notify the affected propertv
owners and tenants of the proposed work. If the work to be undertaken bv the permittee will
affect other subsurface installations in the vicinity of the proposed opening. the permittee shall
also notify the owners of such facilities of the proposed work.
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Sec. 3. Removal of debris. rubbish. etc" from work area: protection of persons and
property.
It shall be the dutv of every person making anv improvement in or upon anv street. allev.
roadwav or public land to promptlv remove therefrom all rubbish. debris or material not
immediatelv required for such improvement. In addition thereto. such person shall protect the
place so improved or being improved. together with all material. articles or propertv used in
connection therewith or taken therefrom. in a manner which the city shall direct and in such a
wav as to prevent iniurv or damage to persons or propertv. Every such person making anv such
improvements or part thereof shall be liable for all damages or iniuries sustained on public
propertv.
Sec. 4. Requirements for work in streets. etc.
All work in streets. allevs. roadwavs and public lands shall be subiect to the following
restrictions:
. A. No opening or excavation in anv street shall extend bevond the centerline ofthe
street before being backfilled and the surface of the street temporarilv restored.
B. No more than two hundred fiftv (250) feet measured longitudinallv shall be
opened in anv street at anv one time.
C. All underground pipes. tiles. cables. etc.. shall be located sufficientlv ahead of
trench excavation work to avoid damage to those facilities and to permit relocation if necessary.
D. Pipes. drains. tiles. culverts or other underground facilities encountered shall be
protected as directed bv the city engineer.
E. Monuments. benchmarks. or datum points of concrete. iron or other lasting
material set for the purpose oflocating or preserving the lines of anv street or propertv
subdivision. or precise survev reference point within the citv. shall not be removed or disturbed
unless permission so to do is first obtained in writing from the proper government authority.
Permission mav be granted onlv upon conditions that the permittee shall pav all expenses
incident to the proper replacement thereof. including the cost of a survev.
F. When work performed bv the permittee interferes with the established drainage
svstem of anv street or natural water wav. provision shall be made bv the permittee for adeQuate
temporary drainage to the satisfaction of the city engineer and consistent with the provisions of
this Code.
G. When anv earth. gravel or other excavated material is caused to roll or flow or is
washed or otherwise deposited on anv step and/or sidewalk. the permittee shall cause the same to
be removed from the street or sidewalk before the end of the working dav. In the event the earth.
gravel or other excavated material so deposited is not so removed. the citv engineer shall cause
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such removal and the cost incurred thereby shall be paid bv the permittee. Failure on the part of
the permittee to make immediate payment of such cost upon demand shall be cause for revoking
such permit.
H. Every permittee shall place around the excavation or proiect such barriers.
barricades. lights. warning flags and danger signs as shall be determined bv the city engineer to
be necessary for the protection of the public. Additional safety requirements may be prescribed
bv the city engineer where deemed necessary bv him to protect adiacent private or public
property. Whenever any person fails to provide or maintain the safety devices required bv the
city engineer. such devices might be installed and maintained bv the city. The amount ofthe
cost thus incurred shall be paid bv the permittee.
I. When any work is performed on citv streets. the permittee must complv with the
traffic control procedures established bv the Denartment of Public Works. In the event proper
traffic control is lacking or deficient. and is not corrected within one (1) hour upon notice. the
city engineer may stop work and revoke the permit.
J. Access to private driveways and alley shall be provided excent during working
hours when construction operations prohibit such access. Free access shall be provided at all
time to fire hydrants.
K. Excavated materials shall be laid compactlv along the side of the trench or
removed immediatelv from the site at the discretion of the city engineer. Excavated material
when piled alongside the excavation shall be kent trimmed so as to cause a minimum
inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust
nuisance. the city engineer may reouire the permittee to provide and use toe boards or bins. If
the excavated area or storage area is muddy or causes inconvenience to pedestrians. temporary
wooden plank walks shall be installed bv the permittee as directed bv the city engineer. If the
street is not wide enough to hold the excavated material without using part of the adiacent
sidewalk. the permittee shall keen open a passageway at least one-half(lI,) of the sidewalk width
along such sidewalk.
L. Work authorized bv a Permit shall be performed between the hours of7:00 a.m.
and 7:00 p.m.. Mondav through Saturday. unless the permittee obtains written consent from the
inspection officer to do the work at other times. Such permission shall be granted onlv: I) in
case of emergency as determined bv the city engineer: 2) where safety and traffic control
measures in accordance with city and FOOT standards are not feasible during these hours as
determined bv the city engineer: 3) if the construction area is not within five hundred (500) feet
of any single or multi-family dwelling as determined bv the city engineer: 4) or for city work or
activities where the City Manager determines that extended hours of work are necessary to
complete the work in a timelv fashion and to protect the public health. welfare and said
feasibilitv of safety or traffic control measures. Anv permit granted under this section may
include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be
permitted on Sunday unless authorized bv the City Commission as necessary and convenient for
the public health. welfare and safety.
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Sec. 5. Backfillinl! and restorinl! of oneninl!s.
All backfilling and restoring of openings made in any street. alley. roadway or public
lands shall be performed in accordance with the latest standards and snecifications of the city.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
May 18, 2004
Therefore, for every 650 square foot unit, there would have to be a larger unit to offset that. A
live/work unit is a totally different matter. That has living space and workspace in the same
unit and has a minimum square footage of 1,000 square feet. This would be a small apartment
over a commercial unit.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 04-032. Vice Mayor Ferguson
seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to 1 with
Commissioner McCray dissenting,
3.
Proposed Ordinance No. 04-033 Re: Amending
Chapter 2, Administration, Article VIII, Education Advisory Board,
Section 2-130, "Meetings" and amending Section 2-131
"Qualifications"
Assistant City Attorney Payne Proposed Ordinance No. 04-033 by title only.
There was no one from the pUblic who wished to address this item.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 04-033, Vice Mayor Ferguson
seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 04-039 Re: Amending the Land
Development Regulations (LOR), Chapter 22 - Streets and Sidewalks
Mayor Taylor announced that he received a request that this item be removed and sent back to
the Planning & Development Board for further consideration.
Motion
Vice Mayor Ferguson made a motion to remove this item and return it to the Planning &
Development Board for further consideration. Commissioner McCray seconded the motion. City
Clerk Prainlto called the roll and the motion carried unanimously,
C. Resolutions:
None
D. other:
None
18