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Agenda 07-05-06 City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA July 5, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Commissioner Mack McCray C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Recreation and Parks Month - July, 2006 b. National Clean Beaches Week - June 29 thru July 5, 2006 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 1 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 V. ADMINISTRATIVE: A Accept the resignation of Debby Coles-Dobay as a regular member of the Arts Commission. B. Appointment To Be Made Ensler IV McKoy IV McKoy I Ensler Mayor Taylor IV McKoy II McCray I Ensler II McCray I Ensler II McCray Appointments Length of Term Board Expiration Date Arts Commission Alt 1 yr term to 4/07 Tabled Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Code Compliance Board Alt 1 yr term to 4/07 Tabled Code Compliance Board Alt 1 yr term to 4/07 Tabled Code Compliance Board Reg 3 yr term to 4/09 Tabled (3) Community Redevelopment Agency Reg 4 yr term to 6/10 Tabled (2) Community Relations Board Alt 1 yr term to 4/07 Tabled (3) Community Relations Board Alt 1 yr term to 4/07 Tabled Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Golf Course Advisory Committee Reg 5 yr term to 6/11 Golf Course Advisory Committee Alt 5 yr term to 6/11 Golf Course Advisory Committee Alt 5 yr term to 6/11 Library Board Alt 1 yr term to 4/07 Tabled (3) Library Board Alt 1 yr term to 4/07 Tabled Recreation & Parks Board Alt 1 yr term to 4/07 Tabled Employees' Pension Board Reg 3 yr term to 4/08 Tabled III Ferguson IV McKoy Mayor Taylor Mayor Taylor I Ensler Mayor Taylor III Ferguson 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 - June 16, 2006 2. Regular City Commission Meeting - June 20, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 2 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 1. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #035-1412-06/JA, to various vendors, with an estimated expenditure of $40,000. 2. Approve the piggyback of the Panama City, Florida BID #SWROll to Thompson Pumps Inc. of Port Orange, FL for the purchase of two 6" portable trash pumps and two float switches. The total expenditure to the City of Boynton Beach is $68,450. 3. Approve the "Surplus Vehicle/Equipment List" submitted by Public Works/Fleet Maintenance and allow for the sale of those items. 4. Award the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH", Bid #036-2511-06/0D to Therma Seal Roof Systems, Inc. of Lake Park, FL in the amount of $853,600. C. Resolutions: 1. Proposed Resolution No. R06-114 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Miracienne Pierre Louis for the property at 1071 Seagrape Rd., Lake Worth, FL (Hypoluxo Ridge Add 2 Lot 56) D. Accept the written report to Commission of purchases over $10,000 for the month of May 2006. E. Authorize the use of $1,000 of Mayor Taylor's Community Investment Funds to the DeVos-Blum YMCA. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: Coastal Bay Colony (ABAN 06-002) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach, II, LLC Southwest corner of SE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot wide utility easement at the southwest corner of the property. (1st reading of Proposed Ordinance No. 06-060) 3 Agenda Regular City Commission Boynton Beach, FL B. July 5, 2006 Project: Agent: Owner: Location: Description: c. Project: Agent: Owner: Location: Description: Coastal Bay Colony (ABAN 06-003) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach, II, LLC Southwest corner of SE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot wide utility easement located across lots 14, 15, 16 17 and 18 of the original Robinson's Addition plat. (1st reading of Proposed Ordinance No. 06-061) Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esq. Southwest corner of Boynton Beach Boulevard and Sea crest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131 feet. (1st reading of Proposed Ordinance No. 06-062) D. (Intentionally left blank) E. Project: Agent: Owner: Location: Description: Sunshine Square (LUAR 06-016) Ruden McClosky, Bonnie Miskel, Esq. and Kim Glas-Castro, AICP Sunshine Square CRP, LLC Southwest corner of Woolbright Road and South Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX). (1st reading of Proposed Ordinance No. 06-063) Request to rezone from Community Commercial C-3 to Mixed Use Low (MU-L) (1st reading of Proposed Ordinance No. 06-064) Proposed Use: Mixed use development F. Project: Agent: Owner: Location: Descri ption: G. Project: Agent: Location: Boynton Beach Lofts (SPTE 06-005) Bradley Miller, Miller Land Planning Consultants, Inc. Addison Properties of South Florida, Inc. 623 S. Federal Highway Request for a one-year time extension for the approved site plan and height exception granted on April 19, 2005 from April 19, 2006 to April 19, 2007. Inlet Cove Association (INCA) (LUAR 06-019 ) City of Boynton Beach North Federal Highway and the Intracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and North East 6th Court 4 Agenda Regular City Commission Boynton Beach, FL Descri ption: July 5, 2006 H. Project: Agent: Owner: Location: Descri ption: 1. Project: Agent: Owner: Location: Description: J. Project: Agent: Owner: Location: Description: K. Project: Agent: Owner: Location: Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential. (1st reading of Proposed Ordinance No. 06-065) Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to special High Density Residential (SHDR) (1st reading of Proposed Ordinance No. 06-066) Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD, 20 dus/acre) (1st reading of Proposed Ordinance No. 06-067) Hemingway Square (HTEX 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. (Request to be tabled to July 18, 2006) Hemingway Square (NWSP 06-007) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request for new site plan approval for the construction of 21 town homes, recreational amenities and related site improvements on 1.25 acres zoned IPUD. (Request to be tabled to July 18, 2006) Casa del Mar (LUAR 06-018) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density 5 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 Residential (SHDR, 20 dus/per acre) (1st reading of Proposed Ordinance No. 06-068) Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA) to Infill Planned Unit Development (IPUD). (1st reading of Proposed Ordinance No. 06-069) Proposed use: Multi-family development (82 units at 19.95 dus/acre) L. Project: Agent: Owner: Location: Description: M. Project: Agent: Owner: Location: Descri ption: N. Project: Agent: Owner: Location: Description: Casa del Mar (HTEX 06-007) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53'-6") at its highest point. (Request to be tabled to July 18, 2006) Casa del Mar (NWSP 06-015) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. (Request to be tabled to July 18, 2006) Forest Hill Lot 3, Block 2 (ZNCV 06-007) Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-1-AA single family zoning district. (Tabled on June 20, 2006) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 20 feet to allow a five (5) foot 6 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-1-AA single family zoning district. (Tabled on June 20, 2006) 1. Proposed Resolution No. R06-110 RE: Approving a Special Warranty Deed for Lot 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida conveying title to Karen Main, a participant in the City's SHIP Construction Program. (Tabled on June 20, 2006) IX. CITY MANAGER'S REPORT: A. Utility Service Area Analysis to maintain existing service area boundaries to achieve greatest system efficiencies and lowest capital costs. (Tabled on June 20, 2006) B. Review and possible adjustment of the stormwater fees X. FUTURE AGENDA ITEMS: A. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage (August 1, 2006) B. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1, 2006) C. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006) D. Ordinance creating a mechanism for naming facilities within the City and establishment of overseer committee (Aug, 15, 2006) E. Selection of consultant for M-1 Zoning District Study - Aug. 2006 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 7 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 ASPEN GLEN 1. Proposed Ordinance No. 06-051 subject property (9.34 acres) RE: Annexing 2. Proposed Ordinance No. 06-052 RE: Approving the amendment to the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR) 3. Proposed Ordinance No. 06-053 RE: Rezoning from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) Lake Trail Estates 4. Proposed Ordinance No. 06-054 subject project 5.783 acres) RE: Annexing 5. Proposed Ordinance No. 06-055 RE: Approving the amendment to the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.894 du/ac) 6. Proposed Ordinance No. 06-056 RE: Approving the request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single Family Residential. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-057 RE: Adopting an amendment of Part III, Land Development Regulations, Chapter 1, Article V, Impact Fees and Dedications. 2. Proposed Ordinance No. 06-058 RE: Amending Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new sub- section (C) entitled "Generators - Exemptions". 8 Agenda Regular City Commission Boynton Beach, FL July 5, 2006 3. Proposed Ordinance No. 06-059 RE: Enacting restrictions to fishing on the Boynton Beach Boulevard promenade area east of Federal Highway to the Intracoastal Waterway. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-070 RE: Adopting a uniform procedure for nominating and voting for the Chair and Vice Chair of all City Boards. 2. Proposed Ordinance No. 06-071 RE: Adopting and revising Article 1, Chapter 13 of the City's Code of Ordinances to include a process and procedure for withholding the issuance of renewal of occupational licenses as a result of existing violations of the City's Code of Ordinances or for failure to comply with the City's land development regulations. D. Resolutions: 1. Proposed Resolution No. R06-115 RE: Approving Carl McKoy as the voting delegate to represent the City of Boynton Beach at the Florida League of Cities, Inc. 80th Annual Conference to be held August 10-12, 2006. E. Other: None XIII. UNFINISHED BUSINESS: A. Informational item relating to Marie T. Germain Code Compliance Lien XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, HElSHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 6/30/06 11:45 p.m. 5: \CC\ WP\CCAGEN DA \AGENDAS\Year 2006\070506.doc 9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVJ III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) C8J July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (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 C8J Announcement 0 Presentation 0 City Manager's Report -.- RECOMMENDATION: Motion to approve the proclamation designating July as Recreation & Parks .::; ": Month. ") EXPLANATION: National Recreation & Parks Month is scheduled for July. The summer season is a time to enjoy many of the great activities being organized by the Recreation & Parks Department. On behalf of the State of Florida, Governor Bush also signed a similar proclamation. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. PROGRAM IMPACT: The proclamation will help promote Parks and Recreation in our community. FISCAL IMPACT: AL TERNA TIVES: ~ ~ ~ /'~-- ~. . - --<1 Department nea~ Sig ature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORMDOC II gtI~.~ It is July - a time to enjoy the out-of-doors, spend time with family and friends, and enjoy all that Boynton Beach has to offer during the summer. That is why the National Recreation and Park Association, Florida Governor Jeb Bush, and the Florida Recreation and Park Association have designated July 2006 as Recreation and Parks Month. WHEREAS, the use of our parks, and participation in recreation programs add more balance to life, provide care of latch key children, increase communication skills, build self-esteem, teach vital life skills, provide safe places to play, and WHEREAS, the benefits provided by parks and recreation programs allow participants to achieve life skills, create community, conserve precious natural resources, serve as economic engines for our state and local economies, provide health benefits, connect us to our heritage, and secure Florida's future, and WHEREAS, the productive use of leisure builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, creates a more educated community, develops creativity, promotes sensitivity to cultural diversity, and WHEREAS, our parks and trails insure ecological beauty, provide space to enjoy nature, help maintain clean air and water, preserve plant and animal wildlife, and WHEREAS, recreational activities build strong bodies, reduce health care costs, decrease insurance premiums, make people happier and help citizens live longer, and WHEREAS, recreation, therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have become ill or disabled or who have demonstrated antisocial behavior, and WHEREAS, July 2006 has been designated as Recreation and Parks Month by the National Recreation and Park Association and the Florida Recreation and Park Association, Now, therefore, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim July 2006 as: "Recreation and Parks Month" and encourage all citizens to celebrate by participating in their choice of pleasurable activities to find refreshment from their leisure and to enjoy the benefits derived from quality public recreation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 5TH day of July, Two thousand Six. AlTEST: Jerry Taylor, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:ICCIWPICCAGENDAIProclamationsIYear 2006lRecreation Parks Month - July 2006.doc III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April I?, 2006 (Noon) [8] July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) [8] Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 0 , Public Hearing Legal --, 0 Bids 0 Unfinished Business .--z.. -- 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to approve the proclamation designating the week of June 29 through July :j-~20061 a~ National Clean Beaches Week. . .:~-:::=; "(, EXPLANATION: The Clean Beaches Council is an organization whose mission is to promote clean and healthy beaches through public awareness and voluntary programs. National Clean Beaches Week is part of a broader effort to recognize Great Outdoor Month during the month of June. Beaches are a great way for the public to experience the wonders of the outdoors. Each year approximately 250,000 people visit the City's Oceanfront Park. As a result, trash and debris can accumulate at the beach at a fast rate. Every Monday morning and on the first Saturday of the month, Oceanfront Park beach is cleared of trash by the Sandsifters, an organization made up of community volunteers and supported by the City of Boynton Beach, Keep Palm Beach County Beautiful and the Solid Waste Authority. By making this proclamation, all citizens will be encouraged to participate with the Sandsifters in assuring that the City's beach remains clean and healthy. PROGRAM IMPACT: The proclamation will help promote clean beaches and volunteerism through the Sandsifters organization. FISCAL IMPACT: N/A 0Jr{./ ~.- City anager's Signature ALTERNATIVES: Recreation and Parks Department Name City Attorney / Finance / Human Resources S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC A WHEREAS, the Clean Beaches Council, as part of Great Outdoors Months has designated the week beginning June 29,2006 as National Clean Beaches Week; and WHEREAS, communities and government have undertaken significant measures to keep beaches clean and healthy; and WHEREAS, 180 million Americans make nearly 2 billion annual trips to the ocean, gulf and inland beaches and contribute significant resources to the local, state and national economy; and WHEREAS, 75% of all recreational activity occurs within a half mile corridor around the shorelines of our beaches, rivers and lakes; and WHEREAS, coastal tourism and healthy, fresh seafood fuels robust economies - sustaining communities and supporting jobs along the coastal U.S. Now, therefore, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim June 29 - July 5, 2006 as: "NA TIONAL CLEAN BEACHES WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 5TH day of July, Two thousand Six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamations\Year 2006\National Clean Beaches Week 2006.doc From: Debby Coles-Dobay [DEBBY@CMI4IMPACT.com] Sent: Tuesday, May 30, 2006 7:33 PM To: Hawkins, Wilfred Subject: resignation Dear Wilfred, I am informing you of my resignation as Chair for the Boynton Beach Arts Commission. The reason for my resignation is my interest in the Public Art Administrator position that is open for the City of Boynton Beach Art in Public Places program. As chairperson I am proud to have brought a Public Art program to the City and I am grateful for your support. I look forward to continuing to serve the City of Boynton Beach. Sincerely yours, Debby Coles-Dobay 1062 NW 6th Ave Boynton beach, Florida 561 369-7992 561-632-7992 cell d~bbY@_~Q~~-dQ~Y .cOJTI V. ADMINISTRATIVE ITEM A. P-, "', .--~ --;"'1.~:< ~ ~~-_,i file:IIC:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKl... 6/23/2006 V. ADMINISTRATIVE ITEM B. APPLICANTS ELIGIBLE FOR APPOINTMENT 07/05/06 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATlON SUBMITrED Aikens Willie L. Community Redev. 6/20/06 Agency Board Barnes Matthew Community Redev. Planning & Dev. 3/30/06 Aqency Board Board Chaney Lance Community Redev. 6/27/06 Aqency Board Gabler Arthur Golf Course Adv. 6/27/06 Committee Giangreco Corrado Golf Course Adv. 6/16/06 Committee ~\-rY 0 "'~" r""k, ,. , "'-\ ' " " ;,,".' ' "? o \.' i~ ~- '- >1'/0"';,) "'1.-__. .----'/-::-- '- F-:) - 0'" VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin!!: Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) -'-' " , 0 r8J -- May 2,2006 April 17,2006 (Noon) July 5, 2006 June 19,2006 (Noonr -' 0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon),~;: ~--"- 0 Administrative 0 Development Plans ' i NATURE OF [g1 Consent Agenda 0 New Business f'.:' . AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business "...--' C"") 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #035-1412-06/JA, to various vendors, with an estimated expenditure of $40,000.00. CONTRACT PERIOD: JULY 6, 2006 TO JULY 5, 2007 EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of PVC piping (schedule 40 & 80) to be used in irrigation installation/repairs. On May 18,2006, Procurement Services received and opened four (4) proposals. The evaluating factors used in determining the award were: price, availability and delivery time and warehouse processing time. This is a Multi-Award and all recommended vendors, are considered to be the lowest, most responsive, responsible bidders who meet all specifications. Michael Dauta, Warehouse Manager, concurs with these recommendations (see attached memo). The provisions of this award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: This bid will allow the Warehouse Division to order inventory for various PVC piping (schedule 40 & 80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on an "AS NEEDED BASIS" FISCAL IMPACT: ACCOUNT #: 502-0000-141-0000 ESTIMATED EXPENDITURE: $40'OOO~ ~ --- City anager's SIgnature $40, 000.00 Procurement Services Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ \1 U 'r! 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I-W <(~ OJ:: zz 00 --<( ~I--, ...J:)<O ::::>::::>0 mm' <(<(N I-I-~ cr:cr:"- WW' 1-1-10 ::::>::::>8 a.a.=l=t: ~~o 00_ uuco ..- ..- '0 C/) 0:: o o Z w > Q) Ol ro Q. o ~ ~ ..J 0- 0- ::> (/) Cl ZI- o;t -w lo ~w gco ::>0:: cD8 ..JI-i'--i'--<">(O Q.C/)N locD (0 ll/lI..-..oi'--g wl-<,,>alO , Il.m<"><">..o(O 1[N...J,,:,:ato z~u..u~..o ~z;;;i~~g "'" ""'ZO" ilig~OI~ ..JNoe:;UQ.u.. Vl x a5 Q) .c Vl -c ro e! c. Vl Vl X (0 s:> a co a o;t Q) ::; -c Q) .c o C/) U > Q. N '0 N Q) Q) .s:: C/) RECEIVED JUN 0 6 2006 The City of Boynton Beach PROCUREMENT SERVlCit5 Y/ Finance Department WAREHOUSE DIVISION TO: FROM: Bobby Jenkins, Assistant Director of Finance Michael Dauta, Warehouse Manager DATE: June 5, 2006 SUBJECT: Irrigation Bid I reviewed the tabulation sheet sent from your office. The evaluating factors used were price, availability and warehouse processing time. The annual estimated expenditure is $44,000. My recommendation is a multi-award to overall low vendor. Schedule 40 Adapters John Deere Landscaping 1,2,3,4,5,6,7,8,9 Slip Caps John Deere Landscaping 10,11,12,13,14 Threaded Caps John Deere Landscaping 15,16,17 45 Elbows John Deere Landscaping 18,19,20,21,22 06/06/2006 12:03 PM Couplin2s lohn Deere Landscaping Hughes Supply 90 Elbows lohn Deere Landscaping Nozzles John Deere Landscaping Nozzles John Deere Landscaping Nozzles Kilpatrick Nozzles lohn Deere Landscaping Polv Nipples Kilpatrick Hughes Supply Pop Ups Hughes Supply Kilpatrick PVC Pipe Hughes Supply Risers Kilpatrick Miscellaneous lohn Deere Landscaping Kilpatrick Hughes Supply 23,24,25,26,27,28,29,30,31 32 33,34,35,36,37,38,39,40,41,42 43,44,45,46,47,48,49 50,51,52,53,54 55,56,57,58 59,60,61,62,63,64,65,66,67,68,69,70 71,72 73 74,75,76,77,78,79,81,82 80 83,84,85,86,87,88,89,90 91,92 93,96 94,97 95 06/06/200612:03 PM LOC Supplies Hughes Supply Kilpatrick LOC Supplies Kilpatrick Hughes Supply Slip Tees John Deere Landscaping Swin2: Pipe John Deere Landscaping Hughes Supply Telescope John Deere Landscaping Kilpatrick PVC Glue Lehman Pipe Hughes Supply Saws Kilpatrick Saw Blades Hughes Supply Valves Hughes Supply Pressure Vacuum Breaker John Deere Landscaping Lehman Pipe Hughes Supply 98,99,100 101 102,103 104 105,106,107,108,109,110,111,112,113, 114,115,116 117 118,119,120,121 122,123,124,125,126,128,129 127 130,132,133 131 134,135 136 137,138,139 140 141 142,143 06/06/2006 12:03 PM Timers Hughes Supply John Deere Landscaping 144,145,146 147,148,149 Miscellaneous Hughes Supply Kilpatrick Lehman Pipe 150,151,152,153,156 154 155 Ball Valves John Deere Landscaping 157,158,159,160,161 Schedule 80 Boynton Pump prices were not taken into account due to the fact that the items were quoted as Schedule 40 rather than Schedule 80. Adapters Lehman Pipe John Deere Landscaping 162,164,165,166,167,168,169,170,171, 172,173,174,175,176,177 163 Slip Tees Lehman Pipe 178,179,180,181,182,183,184,185 90 Elbows Lehman Pipe 186,187,188,189,190,191,192,193,194 Slip CoupliDl!S Lehman Pipe 195,196,197,198,199,200,201,202 Nipples John Deere Landscaping 203,204,205,206 45 Elbows Lehman Pipe 207,208,209,210,211,212,213,214,215,216 Bushin2s Lehman Pipe 217,218,219,220,221,222,223 06/06/200612:03 PM Bushin2s Lehman Pipe 224,225,226,227,228,229,230 Pipe John Deere Landscaping 231,232,233,234,235,236 Slip Caps Lehman Pipe John Deere Landscaping 237,238,240 239 In addition to the overall low prices, the following vendors are offering a discount for items not listed on this bid. John Deere Landscaping 24% (Schedule 40) 250/0 (Schedule 80) 50% (Rainbird Products) 22% (Schedule 40) 20% (Schedule 80) 420/0 (Hunter Products) 400/0 (HIT Products) 35% (IPS Products) Hughes Supply Cc: Bill Mummert, Director of Finance 06/06/2006 12:03 PM VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon) D April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5,2006 (Noon) D May 2, 2006 April 17,2006 (Noon) [3J July 5, 2006 June 19,2006 (Noon) D May 16, 2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon) D Administrative D Development Plans 0"-_- ; [g] D -- ""~".. NATURE OF Consent Agenda New Business AGENDA ITEM D Public Hearing D Legal ., "'.....- D Bids D Unfmished Business ...~) D Announcement D Presentation D City Manager's Report . '. ..-- :- ~ -;-1 ~ .i -:~> RECOMMENDATION: Motion to approve the "piggy-back" of the Panama City, Florida bid #SWROll toTho~p~~n Pumps Inc. of Port Orange, Fl. for the purchase of (2) two 6" portable trash pumps and (2) two float switches. The total expenditure cost to the City of Boynton Beach is $68,450.00. EXPLANATION: Procurement Services received a request from the Utilities Department requesting to purchase (2) 6" portable trash pumps and (2) two float switches. The total price of the (2) two pumps & (2) float switches is $68,450.00. PROGRAM IMPACT: The purchase of the (2) two pumps from Thompson Pumps, Inc. would help the Utilities Department to keep lift stations running after a major storm. The pumps enable staff to bypass normal submersible pumping operations while electrical and mechanical maintenance can be addressed at the lift station. The optional float switches will allow remote operations which can be tied into the existing radio telemetry. FISCAL IMPACT: Thompson Pump, Inc. will be paid the amount of$ 32,450.00/each for the (2) portable trash pumps ($64,900.00) & $1,775.00/each for the float switch ($3,550.00), for a total purchase price of $68,450.00. Funds are allocated in the FY 2005/06 budget as follows: Account Description CIP R&R Sewer Account Number 403-5000-590-96-04 Budget $ 68,450.00 eed with the purchase and not have operational lift sta ons fter a major storm. Procurement Services Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTI L1TI ES #06-105 From: Bobby Jenkins, Assistant Director of Financial Services Kofi Boateng, ~ ~ ? ,kif Utilities Director To: Date: June 12, 2006 Subject: Two (2) 6" Portable Trash Pumps Piggy-back Panama City Bid Agenda Item The Utilities Department would like to piggy-back the Panama City Beach Bid for two (2) 6" portable trash pumps. The bid was awarded to Thompson Pumps of Port Orange, Florida. The Utilities Department has identified 150 lift stations out of 157 that can be operated by the 6" Thompson portable pumps during an emergency when there is no power available to these lifts stations. The purchase of the two (2) portable trash pumps from Thompson Pumps would help the Utilities Department keep lift stations running after a major storm event. The cost for each pump is $32,450.00. The pumps enable staff to bypass normal submersible pumping operations while electrical and mechanical maintenance can be addressed at the lift station. The bid has optional accessories. The optional float switch will allow remote operations which can be tied into the existing radio telemetry. This option is an additional $1,775.00 each. The total cost for two (2) pumps with the optional switches is $68,450.00. Funding is available in account #403-5000-590-96-04 SWR011. Please present this at the next City Commission meeting for approval. If you have any questions you can contact me at ext. 6401 or Daniel Spooner at ext. 6437. XC: Michael Low Barb Conboy Jim Hart File ,....Y' '0/ '-~.. /e~...'.,.., .' .' .' . .' .' .'.' . ~ :-.. CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 6/13/2006 Requesting Department: Utilities Contact Person: Daniel Spooner Explanation for Purchase: The purchase of (2) portable trash pumps from Thompson Pumps would help the Utilities dept. to keep lift stations running after a major storm. The pumps enable staff to bypass normal submersible pumping operations while electrical and mechanical maintenance can be addressed at the lift station. The optional float switch will allow remote operations which can be tied into the existing radio telemetry. I Recommended Vendor Thompson Pumps I Dollar Amount of Purchase $68,450.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: Panama City Bid P#004474 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account # 403-5000-590-96-04 project # SWR011 Approvals: Department Head Purchasing Agent Asst City Manager City Manager ~4$ & k4' Date Date Date Date I r-::? /u t Form Revised 02/01/02 REQUEST FOR REQUISITION H.T.E. ENTRY DATE: 5/26/2006 -'------ H.T.E. REQUISITION # 39355 Clerk: H.Sagel -" ..-- Procurement Ass't: Director: REASON FOR PURCHASE: A multi-purpose, vacuum-assisted, dry-priming centrifugal pump ideally suited for open pumping, sewage & lift station bv-oass. .-.---- -- --- -- ~---_.._-- -- __u_ ________ _____ Piggyback Panama City Bid accompanying PO #04474. 1------- - --------- -- ---- ~----_._--- ______"'_'__._.n.._ ---- VENDOR INFORMATION: DIVISION: OTHER INFORMATION: ,------- -.----.. --TABAP-- -- Name: Thompson Pump Admin. ( ) Date: 5/26/2006 ( ) ---- -.----- --~-- --. I - - ------- _ Address: 4620 City Center Drive Construction ( ) Date Needed: 6/9/2006 I ConfIrm. ( ) -- ~._----------_._- . - --- I ASAP/Conf. ---- Port Orange, FL 32]] 9 Cust. ReI. ( ) ( ) -----_.._-_.~-_.- .--~--_._-- -------~.__._~- Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: ------- ---------- '---'-'-"-'---'----- -------...-.-- Phone (contact): Jake Brunner Water Qual. () QuotesN erba] ( ) E. Admin. 40 (x ) ~- -'-- --- 1------------- -- (over $500) -- ---- - -- 800-767-7310 extA]94 Pumping (x) Quotes/Written (x ) E. WTP 4] ( ) ------- --------.. (over $2000) - --------- Vendor Number: 29]8 PWTreat. ( ) Bid Docs. ( x ) W.WTP 42 ( ) -- -- . .~--- -",- --.--- -------- -- ---- -------- -- Meter Servo ( ) Sole Source Ltr. ( ) P/U 99 ( ) ------------------- ------- INITIA TOR: Dan Spooner Sewage ( ) Insurance ( ) Special Instructions: -- - ---- -- ---------- 1-- ------- -- Requirements: -------- ------------- APPROVED: Strmwtr. ( ) SNAPs/GSAlPiggy-back Project Number: #: Sw~l\ Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 2 32450.00 6" Portable Trash Pumps - model 64900.00 ea 6TSV -DJDST -4045D-MC 2 1775.00 Automatic start/stop engine control 3550.00 i ea feature wi dual float system TOTAL 403 5000 590 96 04 68,450.00 ~ I f!fJ The City of Boynton Beach /((( Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES ITEMS REQUESTED: QUOTATIONS 6" Portable Trash Pumps - model 6TSV-DJDST- 4045D-MC; automatic start/stop engine control feature w/duaI float VENDOR #1: DATE: CONTACT PERSON: PHONE NUMBER: )UOTE: VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: Thompson Pump 4/27/2006 Jake Brunner 800-767-7310 ext. 4194 $32,450.00 each pump and $1775.00 each float switch ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. J~ THDIfIIPSDN ~PUIfIIP / L EXPEA~NCEINNa~naN HJNE 12, 2006 DAN SPOONER CITY OF BOYNTON BEACH UTILITIES ]24 E WOOLBRIGHT RD BOYTON BEACH, FL 33435 TEL. # 56]-742-6437 FAX # 56]-742-6299 RE: FORMAL PIGGYBACK OFFER mOMPSON PUMP ACCESSORY EQUIPMENT: . AUTOMATIC START/STOP ENGINE CONTROL FEATURE W/ DUAL FLOAT SYSTEM: 51,775.00 EA/OR 53,550.00 FOR 2 PLEASE FEEL FREE TO GIVE ME A CALL @ 1-800-767-7310, EXT. 4194 IF YOU HAVE ANY QUESTIONS OR REQUIRE ANYfHlNG FURTIIER. AS ALWAYS, WE APPRECIATE YOUR CONTINUED INTEREST IN OUR COMPANY & WE LOOK FORWARD TO WORKING WITH YOU IN TIIE NEAR FUTURE. ~~~. __m. -'---p - ~ ~RUNNER PUBLIC WORKS REPRESENTATIVE THOMPSON PUMP & MFG. CO. lNC. PH: 800-767-73IOEXT. 4]94 FX: 386-761-0362 jbrunner@thompsonpump.com 4620 CITY CENTER DRIVE PORT ORANGE, FL 32119 USA Ph.. J. H_ 8 0 (; - '7 6 '7 ~-7 3 1 0 ,EKT ..~ 1 :1 4: j: :f'::Li~- ~, r" ...., ~..., ..", ,,-. ,>.~ , G J.... '-r~J ,::; t)_~ www.thompsonpump.com jbrunner@thompsonpump.com ~ THDIlAPSDN -PUItAP / I EXPERIENCE 'NND~TIDN JUNE ]2,2006 DAN SPOONER CITY OF BOYNTON BEACH UTILITIES ]24 E. WooLBRlGHT RD. BOYTON BEACH, FL 33435 TEL. # 56]-742-6437 FAX # 56]-742-6299 HE: FORMAL PIGGYBACK OFFER MR. SPOONER: THIS LETfER IS OUR FORMAL OFFER TO TIIE CITY OF BOYNTON BEACH FOR TIIE THOMPSON PUMP 6-lNCH SOUND- ATIENUATED BYPASS PUMP, OUR MODEL 6TSV-DJDST-45D-MC "SILENT KNIGHT." THOMPSON PUMP AGREES TO HONOR TIIE SAME PRIClNG & GUIDELINES AS SPECIFIED IN TIIE PANAMA CITY BID. PLEASE REFER TO TIIE PANAMA CITY PURCHASE ORDER # 4474, AND DATED OCTOBER 3],2005, FOR REFERENCE. A COPY OF TIlE PANAMA CITY BID, AS WELL AS TIlE PURCHASE ORDER, HAVE ALREADY BEEN SUBMIT1ED TO YOU PREVIOUSLY Willi OUR PROPOSAL. PLEASE BE ADVISED THAT TIllS IS FOR A NEW PUMP, WHICH SHALL BE DELIVERED NEW & UNUSED (EXCEPT FOR MINIMAL TESTING.) PLEASE FEEL FREE TO GIVE ME A CALL @ 1-800-767-7310. EXT. 4194 IF YOU HAVE ANY QUESTIONS OR REQUIRE ANYrnING FURTIIER. AS AL WAYS, WE APPRECIATE YOUR CONTINUED INTEREST IN OUR COMPANY & WE LOOK FORWARD TO WORKING WillI YOU IN TIIE NEAR FUTIJRE. :GARDS, BRUNNER PUBLIC WORKS REPRESENTATIVE lliOMPSON PUMP & MFG. CO. lNC. PH: 800-767-7310EXT4194 FX: 386-76]-0362 jbrunner@thompsonpump.com 4620 CITY CENTER DRIVE PORT ORANGE, FL 32119 USA Ph: 1-800-767-7310 ,EXT. 4194 .. Fax: 386-761-0362 www.thompsonpump.com jbrunner@thompsonpump.com Page i 01 :;onboy, Barb From: Conboy, Barb Sent: Wednesday, May 03,200610:25 AM To: Spooner, Daniel; Low, Michael Subject: RE: Sorry, forgot to attach piggyback bid from Panama Ie piggy-back has an option for a float switch - additional $1,775.00 is this being requested also, or just 1 pump at $32,450.00. 'om: Spooner, Daniel mt: Tuesday, May 02, 2006 10:44 AM ): Conboy, Barb; Low, Michael Jbject: FW: Sorry, forgot to attach piggyback bid from Panama Again Barb, 3re's the piggy-back document. 'om: Jake Brunner [mailto:jbrunner@thompsonpump.com] mt: Thursday, April 27, 20063:59 PM ): Spooner, Daniel Jbject: Sorry, forgot to attach piggyback bid from Panama ~gards, lke Brunner Jblic Works Rep. lompson Pump & Mfg. Co. Inc. 1: 800-767-7310 Ext. 4194 ~: 386-761-0362 "u nne rl@thornp~onj)u m Q_, CQrn ) virus found in this outgoing message. lecked by A VG Free Edition. ~rsion: 7.1.385 / Virus Database: 268.5.0/325 - Release Date: 4/26/2006 /26/2006 f ~ THDIVIP5DN ~PUIVIP APRIL 27, 2006 EXPEFI'ENCE INNClVAT'ClN DAN SPOONER CITY OF BOYNTON BEACH UTILITIES TEL. # 561-310-3473 FAX # 561-742-6299 RE: PUMP QUOTA TION THOMPSON 6-INCH "SUPER-SUCTION" (DRY-PRIMING) "SILENT KNIGHT" CENTRIFUGAL PUMP: THOMPSON PUMP MODEL 6TSV -DJDST -45D-MC , A MULTI-PURPOSE, VACUUM-ASSISTED, DRY -PRIMING CENTRIFUGAL PUMP IDEALLY SUITED FOR OPEN PUMPING, SEWAGE & LIFT STATION BYPASS, AS WELL AS SOCK & WELL POINT DEWATERING. THIS MODULAR UNIT IS FULLY-ENCLOSED, VANDAL-DETERRENT & SOUND-AITENUATED. ~, t': 5ILEN~lIit~7 SUPER SUafON 1 - VACUUM-ASSISTED PRIMING SYSTEM SIZE: 6" SUCTION X 6" DISCHARGE MAX. FLOW/CAPACITY: - ],750 U.S.G.P.M. MAX. HEAD/PRESSURE (SHUTOFF): -172 FT. / -74 P.S.1. MAX. SOLIDS HANDLING: 3" SPHERICAL SOLIDS MAX. SUCTION LIFT: - 30 FT. WEIGHT OF ENTIRE PUMPSET: -5,900 LBS Pr)WER: JOHN DEERE ENGINE MODEL 4045D, A LIQUID-COOLED, 4-CYLINDER, 80 HP DIESEL ENGINE WITH CONTROL PANEL AUGES, HOUR METER, TACHOMETER, SAFETY SHUTDOWNS (LOW OIL & HIGH TEMPERATURE), & BA ITERY. .- JUNTING: ROAD TRAILER WITH INTEGRAL 100 GALLON FUEL TANK, TRAILER LIGHT PACKAGE, DIAMOND PLATE FENDERS, LEAF SPRINGS, TOWBAR AND LIFTING BAIL, & BALL OR PINTLE HITCH. PRIMING SYSTEM: INCLUDES AUXILIARY MASPORT VACUUM PUMP, AIR/WATER SEPARATOR, & OIL RECLAIMER WITH VAPOR RECOVERY SYSTEM. THIS "SUPER-SUCTION" FEATIJRE IS CAPABLE OF AN ADDITIONAL 78 C.F.M. OF AIR-HANDLING (TOTAL OF - 107 C.F.M. WHEN PUMP CASING IS FILLED) ENABLING WELLPOINT & SOCK DEWATERING, AS WELL AS FAST PRIMING. SOUND-A TTENUA TED CANOPY: INCLUDES SOUND-DEADENING FOAM TO UNDER 70 dBa, ENLOSURE W/ V ANDAL- DETERRENT LOCKABLE DOORS, STAINLESS STEEL MOUNTING HARDWARE, A QUIET-RUNNING PUSH FAN, AND RESIDENTIAL COWL SILENCING MUFFLER. STANDARD PACKAGE OPTIONS: ELECTRIC BRAKES, LIFTING BAIL PROVISION, LOCKING PROVISION FOR BAITERY, LOCKING FUEL CAP, INTEGRAL FUEL TANK CLEANOUTS, SUCTION STRAINER, FUEL GAUGE, & VACUUM GAUGE. * SPECIAL PIGGYBACK PRICE OF: $32,450.00/EA., WHICH INCLUDES FREIGHT TO YOUR FACILITY. PLEASE REFER TO ATTACHED PANAMA CITY BID AND ACCOMPANYING PURCHASE ORDER # 04474. ADDITIONAL A V AILABLE PUMP OPTIONS FOR BOTH MODELS (PLEASE ADD OPTION PRICE TO ABOVE BASE PRICES!) · AUTOMATIC START/STOP ENGINE CONTROL W/ DUAL FLOATS FOR UNAITENDED OPERATION: ADD $1,775.00 4620 CITY CENTER DRIVE PORT ORANGE, FL 32119 USA Ph: 1-800-767-7310,EXT.4194 . Fax: 386-761-0362 www.thompsonpump.com jbrunner@thompsonpump.com ( ~ THDltAP5DN ~PUItAP EXPER'ENCE INNClVAT'ClN PLEASE FEEL FREE TO GIVE ME A CALL @ ]-800-767-7310, EXT. 4194 IF YOU IIA VE ANY QUESTIONS OR REQUIRE ANYTIIINC, FURTHER. AS ALWAYS, WE APPRECIATE YOUR CONTINUED INTEREST IN OUR COMPANY & WE LOOK FORWARD TO WORKING WITH YOU IN THE NEAR FUTURE REGARDS. JAKE BRUNNER PUBLIC WORKS REPRESENTATIVE THOMPSON PUMP & MFG. CO. INC. PH: 800-767-7310 EXl'. 4194 FX: 386-761-0362 jbrunner@thompsonpump.com TERMS: NET 30 VALIDITY: 60DAYS 4620 CITY CENTER DRIVE PORT ORANGE, FL 32119 USA Ph: 1-800-767-7310,EXT.4194 · Fax: 386-761-0362 www.thornpsonpurnp.com jbrunner@thornpsonpurnp.com Page 1 of 1 Conboy, Barb Fr~'l'): Spooner, Daniel ~ Tuesday, May 02, 2006 10:43 AM To: Conboy, Barb; Low, Michael; Mazzella, Pete Cc: Roschek, Christopher Subject: FW: Thompson Pump Piggyback Quote for Boynton Beach Importance: High Attachments: Boynton Beach 6TSV-DJDST-45D-MC Piggyback 4-27-06.doc; ModeI6TSV-DJDST -4045D-MC Specification Sheet.pdf; OT160 pump curve update.pdf; Limited Warranty 1-Year.pdf i Barb, his is the auxiliary pumps that Kofi asked me to look into. I'll be sending over the piggy-back bid document · you as well. Kofi wanted us to go ahead and purchase this equipment this year and asked me to get you Ie information. Let me know if you need any additional information. Thanks. .om: Jake Brunner [mailto:jbrunner@thompsonpump.com] ~nt: Thursday, April 27, 2006 2:36 PM l: Spooner, Daniel i.lbject: Thompson Pump Piggyback Quote for Boynton Beach nportance: High r. Spooner: :t d is the piggyback quote that we discussed on the telephone, as well as the supporting documentation from the Panama ity Old. I look forward to stopping by soon to discuss this further! Delivery time is approximately 12 weeks a.LO. Please let me lOW if you have any questions or require anything further. egards, tke Brunner ublic Works Rep. lompson Pump & Mfg. Co. Inc. h: 800-767-7310 Ext. 4194 c 386-761-0362 ru nner@thompsonpump.com o virus found in this outgoing message. lecked by A VG Free Edition. ersion: 7.1.385/ Virus Database: 268.5.0/325 - Release Date: 4/26/2006 /3/2006 PUMP-PSC FRX NO :850-479-4349 8502335116 PUBLIC WoRKS Nov 02 2005 09:45AM P3 PA<X. tlLltl.: I m o ~ ~::tn ~:~ _' 0 ( ~ii !R~I ~~n ~C~ ..1-"') -n CD &' ~ ~ c ::r: )> w ~ - (0) , N ... :g Q) o I ~ g CJ -I ~ b 0 0 8 ~ q} ~ ;-I m Ii ~ -'., ~ ~ i ~ ft1 f ( i ~ c m t ;;u ~ t v, 0 > ~ 8 .po ~ --J ...... FROM ;-', ~8 ,,'!1P-PSC FRX NO" : 850-479-4349 .01 8582335116 PUBLIC WORKS Nov., 02 2005 09: 45At1 P2 PAGE 01/02 F'b, , tq SUN -----------0 SP_T PANAMA CITY B€ACH Home of the World's Most Beaurlful Beach October 31.2005 Mr.. Riok Waters Ou.lf Region Sales MWlftgel Thompson Pump & Mfg" 16 I 9 Florida A vc" Lynn Haven, FL. 32444 Re: (2) 6" Portable Trash Pumps Dear MT. Windrow: I i.... .:"_'w~..:~:. .- ". ;:'~:.,..\.... . '0 ,'. ,..)...1. '" ..... .V...~ 0:..... "'~~:' :""',, ';:. -C""~" .... ~ to.: P1$sebe~~tJIi~hffi~. J ,-~ -., """:"'~"~-;blfB~b:r.&itied. ;the purchase oftbe two (2) 6" tbomp$O:rIi6itable TraSh Pumps, (Model# 6I'SY-:D,IDST -4~' :~f.MC) in the amOOrit of $64,900..00. 't ~. ~ .,. . .... This letter i$ beiog provided along with purchase order # 044 74 in tbe amQ.~,bf$64,900.00. This constitutes autborimtion for your company to sup,pJy the pur.n~ ~,bid specifications. Also, ple85c no~fy us in writing as to the expected delivety cm:e. If you have any questions. pleasefeel :free to call my office.. Respectfully, :; ~~-c:-:,~. . --- I '::Ji~M)~ ..:~. .. '. '.." :.,:,:m;;trr";:,::'" - . . .' ~ :::": <n~11n !': . . , :!t~'&:~:,'i y~~M'iL...: _.'_;:<:'~. t, ,:'!" /.<' / '7-':~~~f;'!' . ,--,_,,-S; ..". ~ESMa:w"' ::r~.><.;.i:.~.,',i.~.:~.;,~:~_~r,:,;~,~':~.:,};' ; ': " '-'. ':-;~;:<;:- .... .. _. .-.. .'" ,'. - , 'JI-.'," ",.-\.'f"i., ttn..~ . ;;:~:: : - '" ~ YfUJIQ Project File .f:;i,i'j,:, . .:'~':'::::. ,'.it< . .I.....~ . ; ;:...l~t1:.~~:~: 'N': ::;'::;';:i! .' :~:::~i:i~_ :..' ~. i\\:' ., ,.; -~fOr $ulllvnn VI;~ M<l)'01 Eljf MathIeu Coltlloll. QAYle F OboN;1 0 ebomh K. SAl8Set' Ken Neboo . City AtlomBY Doug SOle CIt)1 MCUI(\~r RI""erd E Jadlaon City C....k Holly J WhIte 110 SOUTH ARNOLD RD. 32413-2199 FAX (850) 233-5108 PH. (850) 233..5100 ..... II 1""~ :'THOMPSON PUMP--PSC ~":/29(2006 09:05 850233511b ~~ r-AX HO. : 850-479-4349 PUBUC WORKS Oct. 14 2005 i0:3B~1 Pi J j-1......\_ ,,;))~,~@:;;';':";'b"Y" " :'f:..'J,~.:.::.?z~lr=:.' '~~"'P::~~~------ September 28, 2005 To ~EN CO lDep! If> ;VI phone It From Post-It" Fax Note 7611 Dala Co PhOne it The News Herald Panama City, FlQrida FElX II Fax it ~~ ------ - Attn: Legal AM-In Columrt 763-4636 From= Sheryl - Public Wor1ci 233-5100, Ext, 2490 PI"EASE PUBPSHTIlE FOLi..o~O "INVIT AnON TO BID", MONDAY, OCTOBER 3; 2005 AND MONDAY, OCTOBER 10,2005 INVITATION TO BU> TWO (Z) 6" PORTABLE TRASH PUMP SEALED BIDS will bereteived by the City ofPananla City Beaoh, FlOIjda, uutil2.00 pm. e "S..T., Thursday, October 20, 2005 8Ddtbet1J~nblicly_opencd and read at the Pu"lic Works Office oftb.e City ofPan~a City ijeach, FJ~riQa (or~shi1)g nYo (2) 6" PQt:UWle Trash Pumps . ...' Copies of the specifications may be obtained {rom the Public Works Office, ] 71 t 5 Panama City Beach Paxkway, l'anamaCitj Beach. Florich(3241 J. No specifications win be isSued to supplierslaterthantwenty-.four' (24)"houtS.pnor to the time indicated abt>ve for receiving bids. Bids m.ust be submitted upon the standard form contained in the Specifications. The Cityre~e5the right to ~ect any and aU bids JIlnd to waive any in:tbrmality in bids receiyed The award of this Contract sh1iU "be in acoOJ:'dance with the lowest .responsive base bid lUIlouut Envelope conta\nhig bids must be sesied, marked andaddrCssedas follows., and delivered to the fol1owmg: ". . 6" Porl3.blc Trash Pump City oipanama City Beach 17115 Panama City Beach Parkway ; " Panama City Beach, Florida 32413 S/S RIchanl E. Jackson, City Manager ' FROM : THOMPSOi'< t'1. . !i)..PSC PosHt<' Fax N': ~"Q ~(-T' .. ; t." CD/Depl phon. # Faxit ~.=-q;' FRX NO. :850-479-4349 Oct 14 2005 10:39RM P2 ~- S4- FI.l)C II iStl:'~,:_S ll!e- I SPECIFICAT10NS lfOR TWO (2) 6" PORT AB E TRASH PUMP 1.0 GENERAL-DESC)UP:TION The unit shall be a 6 incb portable vac __ :-assisted horizo,otal seIf..J'lriming centrifuga.l trash. pump driven by an watCt'"CO~)'?d~di~J ~gine ~bJe 9f~andling sewa~ p~~ing, sump pumT>~~ and weUpoin systems !11epurop sheil be tUlJ! automatic, self. pnmm& from dry yonditlOOS aud oaps Ie of hand hug large volumes of fUf. water, and solids.. The U1)it shall be a Thompson. ode16TSV.DJD3T-45D-MC or equaL 2.0 CENTRIFUGAL,P-01P 2.6 2..7 2.8 29 2.1 The cenbifugaI'pu.mp I)hall, be 6")( 6" horizontal self-priming centrHugaJ sewage pu.mp. ..( I . The volute shall be integrally b~t in the pump casing. V oluto and pUIIlp, casing sball be constructw of cast irod of J].O lesser grade than class 30.. V olu.te shall incorporate a seJ:f..:cleaniilg repiime'port. . . lhe impeller shall be two,.vanl non-cTogghlg; semi-open. ductile iron. 2.2 23 2.4 The pump shall be equipped .' b ieplace~bl~ fro~t and roar ca~.iron}Vear plates to protect the putripclmng fro! wear.- The fr01'lt and rear wear plates shall !'>e equipped wi~h abrasion resist rubb~.fac.irgg to extend, se.rvice.life. 25 The pwrip shat1 it1coiJ'o~ 8.. . the suction Iin~ to el1t.Uina.te j'e valvo shall be; a ~eifJbt~d tJapp nitrile rubber with nylon rewa flbw ~uc.ijonriOit';re:hi~ valve to retai,l) liquid in 'mi~gWfd{eaCh cycle. The suction non-;{etum stYle "\ial"'~ cQhstWCted of cast-iron and twQ.-ply ", ,'- . . ,.. .,~ cmcnt. The pump sllaH fu.cOr.po.Tate tl am covel' for dratu.ing tbe pmD.p casing in freezing weather. The cover shall be rerbovabte without the need of special tools The pump shal~ be c~pable of dtHv~ng 12~ USGPM'@ 125 feet oftot~ dynamie hea4 at 2200 {pm for futepn.ittent. c;f.{lty tm,d .1200 USGPM @ 104 feet of total dyJiamio bead. at Z,OOo' rpJ coritmuoti~duty. Urlits not meetms this requirement shall not be considbred, . . ". - - , The pump shall be capable ofgbet-ating a closed discharge valve (shutoff) head of no li!lss thaT.! 148 feet "at 2000!rpm.. Centrifugal puI:O.p shall becapahro ofbaJ.l.dli~ up tQ3-inch diametet non- compressible'~"pheiicaj soJi~s~.' I. ,.. -, . i-' ROM ~ THOMFJ50N ["Ui1P-PSC 09/29/2005 e~:Bl 8502335115 F-RX NO, : f350--4(')-434Y PUBLIC WORKS Oct 1-1 2005 10:39RM P4 PAGE f:13fe5 44 Fuel tank shaH havt a removaBlo basket stTainet' mounted in the fill pod and a lockable cap. S.O TRAlL-Jll 5. I Th~ complete pumpset s1uill bel factory mounted on aDO T applovt!ld road tradel 5 .2 r railer shall be conliluucted with a steel frame, If:fting provisiof.l., dtJal axle, tenders, safety chm.n~, running ~igh.ts, reflectors, bwke lights~ front top wind jack ~tand and front aM real' stabiH~.ng stands. 5.3 A J" adjustable pintte (ring) hi~cb shall be provided. 6.0 eRTMING SySTEM 6.,1 The priming system shat) be fully automatic eliminating the J),eed to pre-fill the pump c85ing With water to acbi.eve initial prime . 6 2 The pdming system sh~ll wod< ~n comb~tion with th0 cen~rjfugal pump to remove largt; volUmes of air re4Uired fOI" welJpoin:t sCltViee. 6 J An ~r separat.ion cbarobel shall be provided to prevent aUY carryover of the pumping flUid 6.4 the VflCuUmP~PShal1 beal'o~1.'Y ~ne> air oook<<L.oi11ubricated version and b.ave a nQmUWl fating of 78 cu~io feet per minute. 6.5 The vacuum pu.mpsball re~i~n by 11 v,:"bCltwith belt UinsioneI'which cat) be M!liJy replaced in the field withput bavlng to remove the pUJX'Jp from the e.ngi1;lc 6.6 A f1appert~ discharge checi<:valvesha11 be plOvided to p.revent pulling air through the discharge dur.tng priming. 6,7 A pic1<uptQbe with filter sba.ll be provided in the oil reservoirs to filter the vacwm pump lubricatilli Qil.. 6,8 A cyclone vapor recovery system shail b~ prt)videcl. to collect and tctuffi to the oil :rescrvoir any oil vapor or misi in the exhausialr stream, 6,9 Tbepriming 3)'Stetp. shaJ,l be ca~ble of atltotu~tieaUy ~jti)mg the p~p with a 30 foot static suction lift and nO water in the pump or sUction piping within 15 seconds Units not meeting tbi; requuo",ent shall not be considered, FROM ~THOMPSON PUMP-PSC 139/29/2'005 09: 01 850233511G FAX NO. : 850-479-4349 PUBLIC I..JORKS Oct. 14 2005 10:40RM P5 PAGE 04/135 7.0 SOUND ATIENUATED Ei~"(J..OSl!JRE 7.1 The sound attenuated enclosure shaH have a nominal rating of 74dBa @ 23 feet. 72 The canopy shall be ~ easily T$movable galvanized steel, metal enclo!lllRl covering the PumP and ongine. 73 The doors shaD be lockable and hinged. Four (4) shall be provided on the sides and two (2) shall be provided at the rear ()ftbe enclosure. 7.4 The fuam shalt be water and 011 resistant $OUtId deadening. 75 The dram shall be ~ interior base dxain. . ,. 7.6. The hardWare shall be stainless steel: B9/29/2685 89:85 85B233511h FRX NO : 850-479--4-'>49 PUEl Ie l.yORKS Oct ](\ 200'5 H3: 40flM PEl PAGE 51/0F) F!~llM : lHOf"1r:'5lJN PUMP-rose PROPOfJAl... TO: City of Panama City Beach, Florida SUBMITTED: Oc t 0 be :<: U .,2005 TWO (2) on PORTABLE TRASH PUMPS The Undersigned, as Bidder, hereby declares that he has exarhjn~d the project specffications and Informed himself fully in regard to all Conditions pertaining tD the equIpment to be supplied, The Bidder proposes and agrees, if this proposal Js accepted, to contract with the City of Pan~rua City BeachJOf the lump sum pnces listed, in fUll and complete anoordance with the shown, noted, described and reasonably' intended requirements of the specifications tD the full and entire satisfaction of the City of Panama City Beach, Ronda. wtth a definitE9 understanding tl1at no money will be allowed for extra work. Payment in full will be made to the supplier within 30 days of pump delIVery. The Bidder further proposes and :agreeS hereby to supply an specified equipment within 100 consecutive days from approval of shop drawings. ADDENDUM ACKNOWLEDGMENT: I, the undersigned bidder, hereby acknowledge receipt of the following addenda: ADDENDUM NO. __!_------- ADDENDUM NO x LUMP SUM BID PRICE: Lump sum price for fumishing (2) 6" portable Trash Pumps In accordance with the contract Specifications: $ 641'900.00 Specify Manufacturer & Model #. - Thornpson6TSV-DJDST-45D-MC .._-_..--:-.:-----~------ ~. ';:~ ~~?'J' ,_ ...~.- ........,:. . ~ .,.... . . ", .t'!:. '0:p"exo.l'\.a.'1 . Er.-r:U'J.'D ; , ...~"""....,. ... . ....' , ,. ~ ......J:::. "l'hompson Auto Start/SLop Float S,,,it(:l)-- $1,775.00 additional each .~JJ1P."on Pl:lnlIl.FY MfIJ. Cn. , TnC-o__ (SUPPLIER) BY: ~~k ~~--~- lITLE:--ii..U.l..L..EP01li 00...501 P."1 !'!l.8n;HJpr. ADDRESS: 1619 Florida ^ve. STREET Lynn Haven, ~Jorjda 32444 ClTY STATE post-It" Fax Not<J 7611 ~q~~/t:G:W-~ Curve #: 0T160 12/22/00 HEAVY DUlY CAST IRON SELF-PRIMING CENTRIFUGAL TRASH/SEWAGE PUMP MODEL: OT160 Impeller Dia. 11.25" Style SEMI-OPEN No. Vanes Solids Dia. Suction Discharge 2 3" 6" 6" Weight 660 lBS. 18" :50 ~ '-...... 2- ~" 70 16" r-- -"" ~ r--. 1'7 ~ r---- . - ......... ~ ~ r--...... ~" 2 It 60 14" - ~ ",I' LA. ~ '" .....:. -~ ,..,. " 40 --.. ~ ~ I~ ~ 0 LiS 12~ ~ - ~ ,~~ ::,... r--... .tl 'J....., "~.. ~ 4 i\ ~ ::c :50 ~ u ----- !Ooo.. >-0 - ......,;;; ...:..; ::::- 20 "'" ~ ~ :a <( 10- '-...... -.... "'- z 30 ~ 25ft .......... ~ "- ... ~ \ :\. >- t-- ./6 0 --- rJ, A: ~ ~51t -J 40 ~ ...... ...;;. ~ ~ --- I!::- '\., " ~ ~ 80 r---- '" ~ .,~ """'""l ~ .::::: " ~ ~ ,\ \. \\ - . '7' 1R.. ,.., ~ eo 30 - ~ l~ !'; ~ , 'I - ~ ............ ~ 60 'LI lrt-, - ::--... ~ N ~ "\ - .. ~ ~ .......... ~ -0-1< - eo , -, - ---- ......... ~... .~ i'- ~ '-e> I'V~ - .............. ~ 40 T ........ ~ 1ft'-..... ~ '" ~ 10 25 ~L ~ ~, ....... ~ ~ ."" 10 20 ..... <b '~V" ~I:" rvrrn. PSI FT 0 0 0 0 200 400 600 BOO 1000 1200 1400 1600 1800 USGPM 0 1000 2000 3000 4000 5000 6000 7000 LPM TEST CONDmONS: Ruid: Water THOMJ!..SON S.G.: 1.0 Temperature: 6BoF (20oe) -.~m..w:: Altitude: Sea Level (1 Atmosphere) ....-------- Viscosity: 31.5 SSU (386767-7310 Fax: (386) 761-0362 ~ Speed R4llIrvs: 0lI0l~ CIty: -rpm "*""'1IInl: Dlty: 22DlI rpm NuB: 1. Rft' 10 1IllIllID IN: ~SIllldI" ......1IIlI...........,.... b IIIe .......... TtIb... IDIIbtIII ~wtt,1hullr;hGI8M5fhf1 L~UM iIIIIIdrir. DRY PRIME OPEN TRASH SEWAGE PUMPS 6TSV-DJDST -4045D-MC ( .-- ,THQ~. EXPERIl!NCf!! INNOIllATION MODEL SHOWN: 6TSV-DJDST-4045D-MC Enaine Specifications Model: John Deere 4045D Type: 4-cylinder, in-line, 4-cycle, water cooled, naturally aspirated direct-injected diesel engine. Displacement: 230 cubic inches. Governor: Mechanical Air Cleaner: Dry-Type Starting: Electric 12V Manufacturers Performance: Continuous HP: 62-hp @ 1,80Q-rpm Standard Equipment: Alternator · Exhaust stack with rain protection . Instrument Panel with key switch, throttle-control, tachometer, hourmeter, voltmeter, low oil pressure shutdown gauge and high coolant temperature shutdown gauge. Primina System Vacuum Pump: Masport model H30F oil-flooded. Air Separator: Steel chamber with float assembly. Cooling: Oil cooler Non-Return Valve: 6" flapper style Oil Recovery System: Combination oil reservoir/reclaimer and de-mister Pump Specifications Model: Dry Prime Pumps Type: Self-Priming Centrifugal Size: 6-inch Maximum Capacity: 1,750-gallons per minute at 2,200-rpm Maximum Head: 172-feet Casing: Rugged, heavy-duty class 30 cast iron. Impeller: Two-Vane with rear equalizing vanes, non-clogging, semi-open, ductile iron with 304 stainless steel shaft sleeves. Seal: Grease or oil-lubricated, rotary mechanical type. Tungsten carbide rotating and stationary seal faces. All other seal components are 304 stainless steel and viton. Wear Plate(s): Cast-iron, rubber lined. Clean Out Cover: Easily removable, lightweight cover allowing access to the pump interior. Suction Check Valve: Built-in, cast iron flange with two-ply nitrile rubber with nylon reinforcement. Shaft: High quality, carbon steel and fitted with a 304 stainless steel shaft sleeve. Fuel Tank Capacity: 100-U.S. Gallons Operating Time: 42-hours at 2,000-rpm Approx. Weight: 3,050-lbs Approx. Trailer Size: 148" L x 65" W x 85" H Trailer: Trailer with lifting provision · Removable axle and tire assembly · Removable Drop-on Silent Knight@ Canopy with sound attenuation below 70- db(a) @ 7 meters. One top-wind retractable height jack stand. Three stabilizing jack stands. Standard Equipment: Suction and discharge fittings. Suction strainer. Accessory set instruction manual Optional Trailer Equipment: Removable DOT Light Package . Detachable highway trailer with lifting provision In the interest of product improvement, we reserve the right to change specifications without incurring any obligation for equipment previously or subsequently sold. Capacity, Head and Curve for comparative purposes. Consult engineering data for exact capabilities. Thompson Pump & Manufacturing Co., Inc. 4620 City Center Drive Port Orange, Florida, USA 32119 Phone (800) 767-7310 . Fax (386) 761-0362 . www.thompsonpumo.com MS-6TSV-DJDST-4045D-MC Page 1 of 2 Rev 2.02 DRY PRIME OPEN TRASH SEWAGE PUMPS 6TSV-DJDST -4045D-MC ( ~ ITHD~4' EXP.",,.NCIf 'NNO""'T'ON Dimensional Drawing 841/8' -r4:~4 -T I 61 7/8* 4li 13/16. 47 53' 36 1{2' 90 Pump Curve 58701 601 ~4G I:l 90 131 1 ~ 40 2130 2D 4G JQ II ........ I~.". -...::;~~....... ~ ......;:::. Diaphragm Diameter: Style: Number of Vanes: Solids Capacity: Suction: 11. 25-inches Semi-Open 2 3-inches 6-inches ....... ...... '" ,-" ~:::::, ~~ :--.. -.... " \. " -~..... .....S "- r--. ~ i""'oi~ ~~" l""""~~r---.,,- ......10... , \,~ r....L "'"'" =' ~, IlIIII\.. 1\, ~~ ........... ,~~ 9!i;;:-. -~.... ~"~r\1 ~ ~~~~~--~ ~ ~,,~~ ~~ ~ -~ ~~~ ~ .....- ...... 1'.... ...;:~ r.r Test Conditions: Fluid: Specific Gravity: Temperature: Altitude: Water 1.0 680F Sea Level (1 Atmosphere) 4fJ-fyr1JYJJJic; Im"'FI" I 0 . 10 Pump: OTl60 0 r-, Tests were conducted according to Hydraulic Institute ANSI/HI 1.6-1994 standards. a _ _ _ ~ ~ _ ~ _ _ llIllI eoIlI 311IIII _ lilIOO 6OlIO 1WO UII In the interest of product improvement, we reserve the right to change specifications without incurring any obligation for equipment previously or subsequently sold. Capacity, Head and Curve for comparative purposes. Consult engineering data for exact capabilities. Thompson Pump & Manufacturing Co., Inc. 4620 City Center Drive Port Orange, Aorida, USA 32119 Phone (800) 767-7310 . Fax (386) 761-0362 . www.thomosonoumo.com MS-6TSV-DJDST-4045D-MC Page 2 of 2 Rev 2.02 r=---~ THDItIIPSDN ~PUMP Limited Warranty CONDITIONS OF SALE EXPERIENCE INNOVATION ThIS LIMITED W ARRANT\' is extended only to the original consumer/purchaser of products manufactured by Thompson Pump & Mfg" Co. Ine, POBox 291370, Port Orange, florida, 32129-1370 Telephone number 386-767-7310 Thompson Pump & Mfg., Co , Ine, herelOalier referred to as "Thompson", warrants the products it manufactures to be free of defects in materials and workmanship The warranty extends only to the original consumer/purchaser, hereinalier referred to as "Consumer", and commences on the date of sale to smd Consumer and remains in effect for a period of twelve (12) months THIS WARRANTY DOES NOT COVER: a Adjustment or replacement of maintenance Items and wear parts, such as but not limited to, seals, bearings, lubrication and filters, b Any work performed to correct malfunction caused by misuse, negligence or disregard of Thompson's wTinen instructions concerning installatIOn, operation and maintenance of its products, c, Additional service work penormed above that which is required to satisfy warranty requirements d, Transportation charges, haul-out, travel time, loss of use, or other consequential charge or damage, e Any damage caused by sand or abraSive materials, chemical deposits, corrosion, hazardous waste or material, acts of God or other outside forces beyond the control of Thompson Engmes, electric motors and other Items not of our manufacture, Warranty on those items, if any, IS the warranty of the manufacturer of such items, g, Repmrs or replacement made without authorization from Thompson or repairs made other than at a service facility designated by Thompson h Del ivery schedules are not covered by any warranty terms, and all dates given are approximate and subject to change without notIce In the event of any breach of the warranty, the origmal Consumer must deliver or ship the defective unit or parts, freight prepaid, to the factory or any of the Thompson authorized parts and service centers, providing prior permission is obtained from the factory, Thompson agrees that it will replace or repair (at our option) any such unit or parts where the defect results from a breach of its warranty wIthout charge to the original Consumer, provided said defect occurred within the warranty period, Thompson or the authorized service repair centers will not be responsible for the cost of the units or parts and the shipment of said unit or parts to or from Thompson's plant or service centers, Thompson's warranty obligation with regard to equipment not of its O\\TI manufacture is limited to the warranty actually extended to Thompson by ItS suppliers, Should a failure of such motor or engine occur during the warranty period, the original Consumer must notify Thompson Pump & Mfg" Co, Inc" Port Orange, Florida and follow the instructions given, THIS WARRANTY DOES NOT COVER REPAIRS OR REPLACEMENT MADE WITHOUT NOTIFICATION TO THOMPSON PUMP & MFG" CO, INC THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER OBLIGATION ON TilE PART OF THE SELLER NO AGENT, EMPLOYEE OR REPRESENTATIVE OF THE SELLER HAS ANY AUTIIORITY TO BIND THE SELLER TO ANY AFFIRMATIONS, REPRESENTATION OR WARRANTY CONCERNING THE PRODUCT SOLD UNDER THIS WARRANTY THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON TilE FACE HEREOF IMPLIED WARRANTIES, WHEN APPLICABLE, SHALL COMMENCE UPON THE SAME DATE AS TilE EXPRESS WARRANTY ABOVE AND SHALL, EXCEPT FOR WARRANTIES OF TITLE, EXTEND ONL Y FOR THE DURATION OF THE WARRANTY Some states do not allow limitations on how long the implied warranty lasts, so the above limitations may not apply to you, The only remedy provided to you under an applicable implied warranty or the express warranty shall be the remedy provided under the express warranty, subject to the terms and conditions contained therein Thompson Pump & Mfg" Co, Inc" shall not be liable for incidental or consequential loses and damages under the express warranty, any applicable implied warranty or claim for negligence, except to the extent that this limitation is found to unenforceable under applicable state law Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state WARR-UUI Rev IIU2Jjf FROM ':THOMPSON PUMP-PSC 09/29/2005 09:01 8502335115 FAX NO. :850-479-4349 PUBLIC WORKS Oct. 14 2005 10:39RM P3 , H\..lL 2_10 Centrifugal pump shaH becBp Ie of fully self.j:>Jiming on its own With a 30-ft. Static suction lift when the pfuhp 1.5 ple.filled with Water without the need of a foot valve or add-on ptiming d vice. 2.1 1 lhe pum.p shall be furnished. 'th a liquid-.filled vacuum gauge for system diagnostICs. 2.12 The pump inlet and outlet sha be cqiUpped with a 6" MNPT fitting with 6-A alumimim quiok cOupling 3.0 2.13 A 6" FNPT strainer shan be pI' vidcd ENGINE 1 31 The engine shall be a four (4) liJJdex~our(4) cycle water-cooled naturally asphated diese~ engine, John Dbere Mode14045 or equal capable of producing 67 continuous duty horsepowc:J.' at ~O(')O rpm. 3 .2 Engine shan have an industrial !.. ' battery with 148 amp hour rating and minimum 655 cold..crankixlg a~ .tn<>\Ulted in a lockable frame. 3.3 Engi~ shall have 1112.volt #t atQl'~~d ~1~c starter. 3.4 Engine shaD have an industdal HenceI muffler with rain cap. 3.5 3. 6 Engine~~J Q.a,ve S&~s~utd sv4tcheS fQ.f l<)w oil pressw-e and high head tempep;l"tUl'e. 3.7 A control pane) slyill be pro'Vid in an enclosure mounted on rubber isolators. 3.8 Control ~l shan contain the olJowing inst:rutnentation 8Jld controls: throttle control, keyswjtcb? tacb()meter, bouoneter,'voltixl.eter, Qil pres:sure gauge and temperatUre gauge.. 4..0 FRAMEIFUEL I:A!fK 4J The pumpset ~hall by. mo~ted n 8 c.(JII1biuptio.n frame/tbel tanl( COU$ttucted of. tubular'steel with a fu~fcap8ci~ of 130 U8 gauons~ . rh~ ftaJllC 9~ i.Qo01'pQrate an LtegralliftiPs ~l capable of Li:llmg the entire ,'.' . .".... . .... 1'. ,..' . pumpset. Fuel tank shall have two clean ut portS. ' 4.2 4.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORin VI.-CONSENT AGENDA ITEM 8.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dales in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) D April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon) o Administrative [8J o o o Announcement o City Manager's Report RECOMMENDATION: A Motion to approve the "Surplus Vehicle /Equipment List" submitted by Public Works/Fleet Maintenance and allow for the sale of those items. NATURE OF AGENDA ITEM Consent Agenda Public Hearing Bids o o D o o Development Plans New Business Legal Unfinished Business Presentation EXPLANATION: Procurement Services has reviewed the "Surplus /Equipment List" request submitted by Public Works/Fleet Maiulenance (see attached memos #06-039, #06-064 and #06-066). Utilizing the City of Boynton Beach disposal process for surplus equipment will allow the equipment to be sold at a public auction or through a sealed bid process and generate revenues to the Utilities Department and Fleet Maintenance Fund. Procurement Services requests Commission's review, evaluation and approval to dispose of the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in following accounts: Revenue Account: 401-0000-365-01-00 501-0000-365-01-00 Funds: Utilities Fleet Account Description: Sale of Vactron Sale of Other (3) Items ALTERNATIVES: The disposal of this equipment will allow for space for budge obsolete equip e CW0 Procurement Services Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Tim Calhoun - Fleet Manager File SURPLUS VEHICLE/EQUIPMENT LIST FOR COMMISSION APPROVAL JULY 5, 2006 ID# MAKE YEAR MODEL TYPE VIN# 8131 Vactron 2003 PMD-500-DTE 5HZBF16143LB31100 8050 Ingersoll Rand 1992 Trailer Mounted Air Compressor 208525U199 8144 1993 Power-R- Mole 6067 4317 Ford 2003 Crown Victoria Police Car 2F AHP71 W83X170869 pUBLIC WORKS DEPARTMEN1 MEMORANDUM #06-039 SUB]: Bobby Jenkins, Assistant Director oHinance . g-l{ll/ Jeffrey Livergood, p.E., Director ofl'ubllc WorkAD , Chris Roberts, Deputy Director ofpubllc Works VI'"' 1im Calhouo, Fleet Administrator f ' Seal Bid Sale of Surplus Equipment TO: THRU: FROM: DATE: The equipment listed below have either been replaced or are considered a neet reduction. We would like to try and sell these vehicles through a seal bid process to maximize our salvage return. May 16, 2006 t'leet Administration is requesting the that these vehicles and equipment be sold througli a "sealed bid" process. 1his proposal is directed towards offering these units to all local or regional "Governmental" agencies or contractors in need of Solid Wastt Collection vehicles and/or sewer cleaning equipment. Using the sale method requested above brought the City exceptional resul~""hen selling two refuse trucks. Allached are the details about each vehicle for sale. The vehicles listed be all beeo approved by the commission to sell with the exception of the trailer mo,ed Vaccon Unit#8131. ID # Make Year Model ~ 182 Ford 1997 LNT -8000 Vaccon 1073 Lodal 2000 Evo Manual Side Loader 1 Q81__Mack 2000 MR688S E-Z Pack Loader iJU3l._yactron 2003 PMD-SOO-DTE Vin# 1Fi5ZWg)VV A26472 lL9AFSJYK006329 IM2Kl}ytv101S267 SHZBf43 LB3iT01J;;~-"~ .., ? l0.e (p f'}"l . /'l I~ ,,^~ {1)ve d t~/ ) r- ... .' c '/'1<'- I>:>!- Attachment Copy: PW Files It shall be the intent of these specifications to describe four used Refuse and seWer collection vehicles. The units up for sale are a 2000 Mack MR688S E-Z Pack Loader; 1997 Ford LNT-8000 Vaccon unit; 2000 LOdal Evo Semi-Manual Side Loader; and 2003 Vactron PMD-500-DTE trailer mOunted units. These units were purchased new by the City of Boynton Beach and have been used exclusively by the Department of PUblic Works, Solid Waste Division and Water utilities, SPECIFICA TlONS FOR FRONT (4) USED REFUSE AND SEINER VEHICLES. The City of Boynton Beach, Fteet Maintenance Division has maintained these units through the Use of established routine service programs. Examples, routine services, oil change / lubrication and general inspection, are Conducted every 300 engine hours or 90 days. Every fourth service required the wheels to be pulled for a full brake inspection. Standards are written around the manufactures specifications. All other repairs are handled as the operators report discrepancies. f II wing descriptions are intended to describe each unit and any Specialized The. 0 0 t n each unit Complete electronic maintenance records are aVa/table eqUlpmen 0 , , . from the date d service WIth the CIty. U 'ts up for sale nI '1-2000 Mack, MR688S Vin #1M2K195C7YM015267 Miles - 72,193 Engine - E7-300 - 12.0 - Liter, Mack, 300 HP ~ngine Hours - 9079 lew Cam Shaft, warranty at 5401 Hours oansmission - Allison HT740RS 000 GVWR ~se BOdy - E-Z PaCk Front Loader 5,_ Hercules model #FL0080F40SE #2- 20'_oda/, Evo Vin 9AF59BOYK006329 Mile.72193 Eng~ Cat 3126 - 230 HP Englr ')urs - 7595 Trans~on - Allison MT 653 39,60u'VR Refuse" _ 11 CUbic Yards #3- 1997 Ford - LNT8000 Vin #1 FDZW82EOWA26472 Miles - 53,754 Engine - 8.3 - Liter, Cummins, 250 HP SIN 4539816B Engine Hours - 3089 Transmission - Allison MD3060 SIN 6510069164 66,000 GVWR Auxiliary Engine - John Deere, 4039T SIN 557712 Pump Mfg. RR SIN 4070369 Motor MFG. RR SIN 4020369 Vac-Con SIN 10961533 Model #V311 THA Debris Tank 11 Cubic yards #4- 2003 Vactron - PMD 500 DTE Trailer Mount Vin #5HZBF16143LB31100 Engine - Kubota Diesel 1.5 L Engine Hours - 18 " Vac-tron SIN 021100 S:\PW\Correspondence\2006 Memos - Interdepartmental & Interoffice\06-055A - Jenkins - Seal Bid Surplus Equipment.doc PUBLIC WORKS DEPARTMENT MEMORANDUM #06-066 TO: aJ Bobby Jenkins, Assistant Finance Director 'lA!f /1)Lf) ,() JefJrey Livergood, r.E., Director of Public w~r~ ~~ ' Tim Calhoun, Fleet Administrator! Surplus Vehicle THRU: FROM: SUBJ: DATE: June 13, 2006 The resource listed below will be too costly to repair so we would like approval to dispose of this vehicle. We will retain one police cruiser vehicle 4315 until next fiscal year in place of removing 4317 from service. 4317 2003 Crown Victoria Police Car Vin#2FAHP71 W83X170869 PUBLIC WORKS DEPARTMENT MEMORANDUM #06-064 RECEIVED JUN - 6 2006 PROCUREMENT SERVICES TO: Bobby Jenkins, Assistant Finance Director Jeffrey Livergood, P.E., Director of Public Works~e V Tim Calhoun, Fleet Administrato1/ Surplus Vehicle - -- THRU: FROM: SUBJ: DATE: June 5, 2006 The resources listed below have been deemed fleet reductions by the utilities Department. We request the approval of the City Commission to sell these excess resources through local auction. 8050 1992 Ingersoll Rand Trailer mounted Air Compressor VIN#208525U199 8144 1993 Power-R-Mole VIN#6067 Attachments Doppler, Carol P,...~.~.._._~_.~^_______.__,".,__..._^__"~_.,,~___.,__~,___"h_,_. ~____",__",,+_~~_,,_~_+~,,_'____~~_U___~__~_~_'_~_'~__--,--.'-. From: Calhoun, Timothy Sent: Monday, June 05, 2006 9:48 AM To: Doppler, Carol Subject: Dispose of Two Pieces of Equipment Carol, Utilities have requested that we dispose of 8050 and 8144 as fleet reductions. 8050 1992 Ingersoll Rand Trailer mounted Air Compressor Vin#208525U199 8144 1993 Power-R-Mole Vin#6067 Regards, Tim Calhoun Fleet Administrator City of Boynton Beach 561-742-6215 r:./t:;nnnr:. Page) of) VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 Apri] 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 Apri] 18, 2006 Apri] 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 Apri] ]7,2006 (Noon) [gj July 5, 2006 June] 9,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [gj Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH", Bid# 036-2511-06/CJD to Therma Seal Roof Systems, Inc. of Lake Park, FL in the amount of $853,600.00 EXPLANATION: On May 24, 2006, Procurement Services received and opened three (3) bids. The proposals have been reviewed and it was determined that THERMA SEAL ROOF SYSTEMS, INC. of Lake Park, Florida was the lowest bidder who met all specifications. Therma Seal did not include a bid bond with their original bid submission, but subsequently provided a 5% Cashier's Check after the bid opening to comply with the provisions of the bid. This technically created a defect in the bid process. The City can accept the bid provided that the City Commission, as part of its acceptance of bids and award, waives the defect in submission, pursuant to their authority to do so under the General Conditions, "Rights of the City". Paula LeBlanc, Facilities Management Supervisor, concurs with this recommendation, (see attached memo #06-062). PROGRAM IMPACT: The purpose of this bid was to seek a contractor for the Re-Roofs and Repairs throughout the City. FISCAL IMPACT: BUDGET ACCOUNT#: Re-Roofs and Roof Repairs: 001-1211-512-52.95/HR0601 (Wilma General Fund): 401-2822-536-52.95/HR0601 (Wilma Util. Fund): 302-4209-580-62.01lCP0620 (CIP - Hester Center) 302-4101-580-62-011 (CIP Library Expansion) EXPENDITURE: $409,300.00 $66,300.00 $234,000.00 $144,000.00 Additional Roofinl!: Services: 001-2511-519-46.10 (Fac. Mgt Bldg. Repairs): $5,000.00 estimated S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Age and damage from Hurricanes has caused all the referenced roofs to be in need of repairs or to be re-roofed. If we choose not to repair/replace we will forfeit FEMA reimburs ments and damage will continue to the roofs. /7 " 7$ Procurement Services Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 06-062 RECEIVED JUN - f 2006 PRO~T SERV.~S FROM: Bobby Jenkins, Assistant Director of Finance I PROCUREMENT~ Christine Roberts, Assistant Director of Public Works CJL Paula J. Leblanc, Facilities Management superviso~ June 1, 2006 TO: THRU: DATE: RE: Roofing Bid Award -Bid #036-2511-06/CJD Dave Stump and I have reviewed the bid tabulation sheets and Dave has also checked online with the Department of Professional Regulation for any complaints against the low bidder, Therma Seal Roof Systems, and found none. Pending a decision and the appropriate actions from yourself and Legal regarding the Bid Bond, it is my recommendation that the Re-Roofs and Roof Repairs Bid along with the Additional Roofing Services be awarded to Therma Seal Roof Systems. The expenditures for this bid are as follows: Re-Roofs and Roof Repairs - 001-1211-512-52.95/HR0601 (Wilma General Fund): $409,300* 401-2822-536-52.95/HR0601 (Wilma Uti/. Fund): $66,300 302-4209-580-62.01/CP0620 (CIP - Hester CtL): $234,000 *Not including the bid price for the Library of $144,000. Additional Roofing Services - 001-2511-519-46.10 (Fac. Mgt. Bldg. Repairs): $5,000 estimated Should you need any additional information or documentation, please call me. Copy: Jeffrey R. Livergood, Director of Public Works Dave Stump, Project Manager Mark Bobich, Utilities Sharon Vicki, Recreation Jody Rivers, Parks Farah Persaud, Risk Management Craig Clark, Library PW Files Page 1 of 1 Doppler, Carol From: Allen, Janet Sent: Thursday, June 22, 2006 2:59 PM To: Doppler, Carol Subject: FW: Therma Seal From: Jim Cheraf [mailto:jcheraf@cityatty.com] Sent: Thursday, June 15, 2006 10:28 AM To: Allen, Janet Subject: Therma Seal The City can accept the bid provided that the City Commission, as part of its acceptance of bids and award, waives the defect in submission, pursuant to their authority to do so under the general Conditions, "Rights of City". Thanks very much for jumping in this morning to help me wrap this issue up. James A. Cherof, Esquire Goren, Cheraf, Doody & Ezrol 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 6/22/2006 warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other contracts with the City or other government entities. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the ~vitation to Bid unless the bidder specifies otherwise; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. 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Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City):APRIL 13, 2006 Bid Title: RE-ROOFING AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH Bid Number: #036-2511-06/CJD Bid Received By: MAY 24, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: Mav 24. 2006. no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and'time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal J.D. Number: ~~,f-k-;&- ~~f /V:' , / 72- -( S-<f6 If 7 ~ tJII . Telephone Number: 7 Z-! - <1 'I 2 / 72-/-qizc ~", /L(~I #>c) elL 4{ cj t~1 h- )>'10 S I ct2~) OJfJk 0/ ~ Name Typed A Corporation of the State of: Area Code: 501 fbl Area Code: Mailing Address: City/State/Zip: Vendor Mailing Date: FAX Number: ) ~3V . ~ ~2c ~()G 18 The City of Boynton Beach '/or r'. \.\.(,: .. . ' ~ - ",. 'V Procurement Services 1 00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-03 I 0 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: May 28, 2006 BID TITLE: RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH BID NUMBER: #036-2511-06/CJD The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH." PAGE (3) letter "g" PERMITS to read: The Contractor shall obtain all necessary building permits and install according to all State, Local and Federal Codes. PAGE (4) #2 ROOFING SPECIFICATIONS - You are to provide one (1) year Warranty on labor and ten (10) year on all materials. PAGE (5) ITEM#6 B - BUILD UP ROOFS (Flat Deck) should read: Hot Mop repairs As necessary to meet all Federal, State and local codes as required. PAGE (5) ITEM #6 EMERGENCY ROOFING SERVICES: Add the following language: ALL TEMPORARY REPAIRS ARE WARRANTEED FOR ONE HUNDRED AND EIGHTY (180) DAYS. Wherever there is reference to (30) Year Asphalt Shingle, replace with (40) YEAR SHINGLE THROUGHOUT THE DOCUMENT TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ROOF REPAIR LISTING FACILITY NAME FACILITY EXISTING FOR ROOF REPAIR ADDRESS REPAIRS 3 Million Gal. Ground 3600 Miner Road Cement Tile ~e (%) --- Storage $ Boat Club Pk RR Bldg 2210 N. Federal Hwy. Replace Skylight ~Bl)o -- $ Boynton Lakes Park 300 Boynton Lakes Metal / ..r- dO - Gazebo Blvd. $ r Civic Center 128 E. Ocean Ave. Replace Roof Hatch Z;tf7/lJ ,-- $ Hester Park 1901 N. Seacrest Blvd. Metal Z, BtJ(} - Concession Stand $ Hester Park 1901 N. Seacrest Blvd. Metal 2,f?O -- Office/Restroom Bldg. $ Hester Park Press Box 1901 N. Seacrest Blvd. Metal 3, Ifll) -- $ Intracoastal Park Main 2240 N. Federal Hwy. Metal )d?!O - Pavilion (Pavilion #1) $ I Intracoastal Park 2240 N. Federal Hwy. Metal $ {.JOlJ -- Pavilion #3 Intracoastal Park 2240 N. Federal Hwy. Metal 2, seD - Pavilion #4 $ Intracoastal Park 2240 N. Federal Hwy. Metal IJfl1) ~ Gazebo $ Intracoastal Park 2240 N. Federal Hwy. Metal J~ - Restroom Bldg. $ Mangrove Park 700 N.E. 4th Ave. Metal 1/ S7lJ -- Restroom Bldg. $ Meadows Park 4305 N. Congress Ave. Metal $ I, 2dlJ - Restroom Bldg. Oceanfront Park 6415 N. Ocean Blvd. Metal ~ gO{) ....- Concession Stand $ Oceanfront Park 6415 N. Ocean Blvd. Metal {/ Boo --- Lifeguard HQs $ Oceanfront Park Men's 6415 N. Ocean Blvd. Metal ~ 8tfJ ..-- Restroom $ Oceanfront Park 6415 N. Ocean Blvd. Metal rt[(J?J -- Women's Restroom $ Pence Park Restroom 400 S.E. 5th Ave. Metal 4(}7b - Bldg. $ Utilities Admin. Bldg. 124 E. Woolbright Rd. Barrel Tiles 2; soo r- and Site Walls $ I TIDS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE / TO BE CONSIDERED COMPLETE AND ACCEPTABLE )~!:>7JV- I 21 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA s: 22-(} b To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product andlor service, indicate how many individual andlor combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: RE-ROOF LISTING Built-up/ Modified Bitumen $ Built-upl Modified Bitumen $ /'17 .00 --- with Ca Sheet I Built-upl Modified Bitumen with Ca Sheet Built-upl Modified BItumen $ Built-upl Modified Bitumen $ Built-upl Modified Bitumen $ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE FACILITY NAME FACILITY ADDRESS Boat Club Park 2210 N. Federal Guardhouse Hwy. Cemetery 1611 S. Seacrest Mausoleum - N. Blvd. Win City Hall Chambers Roof Fire Station #2 - 100 E. Boynton Flat Beach Blvd. Fire Station #3 2210 S. Congress Ave. 3501 N. Congress Ave. Hester Park 1901 N. Seacrest Community Ctr. Blvd. Library 208 S. Seacrest Blvd. 222 N.E. 9 Ave. P.W.#2 P.W.#3 222 N.E. 9 Ave. ROOF TYPE REQUESTED FOR RE-ROOF Wood Shingle to 30yr Timberline As halt Shin les Built-upl Modified Bitumen $ with Ca Sheet Built-upl Modified Bitumen $ RE-ROOF $ ~ZtJO- 12/ (/(/{) 'IJ #llJ r- /0/ 39, SZl7 -- $ ;23~tW / If If, I/lJl} 6/} ozO If b tfl/V ROOF WARRANTY ,- 1 / L/tJ 1/10 J / 19 ,/ v v v ..,/ V Pumping Station 8020 Lawrence Built-upl ///0 #319 Rd & Miner Rd Modified Bitumen $ / S; 1?f(J_ ,..-- w/RoofHatch Pumping Station East End of Built-up/ -- #356 Boynton Beach Modified Bitumen $ /r; I?JO Blvd. w/Roof Hatch Pumping Station Lawrence Road & Built-up/ - #801 W. Boynton Modified Bitumen $ I Z (/2(), Beach Blvd. w/RoofHatch I Well 6 East Little League Built-upl C}' -r 0{) . -- Field Modified Bitumen $ w/RoofHatch Well 8 East Little League Built-upl Field Modified Bitumen $ 9 S-ClJ. ,...- w/Roof Hatch Wilson Pool 211 N.W. Ii Built-up/ $ ;2'19d1J - Buildin Ave. Modified Bitumen ( "1 (/.;'~":; (p vV;;) '\ J ]1Sj/([) It TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 The following Matrix (Attachment "B") describes Roof repairs and replacements) RE-ROOF LISTING ~ FACILITY NAME FACILITY ROOF TYPE REQUESTED ROOF ^) ADDRESS FOR RE-ROOF WARRANTY Boat Club Park 2210 N. Federal Wood Shingle to 30yr 7 ?-dD Guardhouse Hwy. Timberline Asphalt Shingles 1.; Cemetery Mausoleum - N. 1611 S. Seacrest BuiIt-upl Wing Blvd. Modified Bitumen with Cap I LdvD Sheet "\ City Hall - Chambers Flat 1 00 E. Boynton Built-upl Modified Bitumen t ~ avo Roof Beach Blvd. Fire Station #2 2210 S. Built-upl r- Congress Ave. Modified Bitumen 2f\ ,S3D ~ Fire Station #3 3501 N. Built-upl t l{ I ~(flJ -- Congress Ave. Modified Bitumen with Cap Sheet \ ~ Hester Park Community 1901 N. Seacrest Built-upl ;23 ~ I Gf(J() 1'1 Ctr. Blvd. Modified Bitumen with Cap Sheet Library 208 S. Seacrest Built-up/ IYl\. ~ ,-- N' Blvd. Modified Bitumen P.W.#2 222 N.E. 9th Built-up/ , Ave. Modified Bitumen ~ \ UlfD , P.W.#3 222 N.E. 9th . Built-upl Ave. Modified Bitumen l\ ~ ) V2fD Pumping Station #319 8020 Lawrence Built-up/ Rd & Miner Rd Modified Bitumen w/Roof \ S- dlJD Hatch ( Pumping Station #356 East End of Built-upl Boynton Beach Modified Bitumen w/Roof I S-\ UW Blvd. Hatch Pumping Station #801 Lawrence Road Built-upl & W. Boynton Modified Bitumen w/Roof \ L-\ dVD Beach Blvd. Hatch Well 6 East Little League Built-upl Modified Bitumen ql9t> Field w/RoofHatch Well 8 East Little League Built-upl Modified Bitumen q1rW Field w/Roof Hatch Wilson Pool Building 211 N.W. 12th Built-upl 2 ~-m Ave. Modified Bitumen ~f v t '" v / v v v /' .Ai/" v'" ')l>/D lJ6'l>> r~' . -' _~ (~- r1: t ~'; ~ 'i-' ~~, , ..-:'~1 J A ~!') , f ,",,_.j I '~'''--.J 7 PROPOSAL SHEET CHANGES AS FOLLOWS: aJ-/l*1 PAGE (22) Add an additional line under 'TOTAL SUM FOR REPAIRS" to read as follows: COMBINED LUMP SUM FOR NEW ROOFS AND REPAIRS: $ 8S~ 600 J!:- , PAGE 23 ITEM #7 TO READ THE FOLLOWING: For Additional Carpentry Work, Material will be cost plusb,NOT TO EXCEED 15% overhead and profit $ /S-r 0 Cost + % PAGE 23 ADD ITEM#8 TO INCLUDE LABOR COSTWHOUR FOR Lf ADDITIONAL Carpentry work: $' '-10, p4f- /"'- Per Hour S:-Z2-o6 SVJ~S /uc Date ';(f~- Bobby Je s Deputy Director of Financial Services /~. ameofBidder,~o ra" Firmorlndivi ual) By~ ' OIA/If uJ/~ t~/;r~e 6. Title ")1 /-J 1- 72/ ~f 0 Telephone Number /cjd C: Dave Stump - Senior Project Manager Paula LeBlanc - Facilities Management Supervisor Demandstar.com Shelf Copies City Clerk File TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE f2pff~ TOTAL SUM FOR NEW ROOFS: $ 7fr IPO ,- / S-B. ,Jtl(} , TOTAL SUM FOR REPAIRS: $ ADDITIONAL SERVICES FOR FUTURE PROJECTS: COST PER SQUARE FOOT FOR REMOVAL AND REPLACEMENT OF THE FOLLOWING ROOF TYPES: 1) METAL ROOF $ /0, ,~ COST PER SQ. FT. $ t;,~ COST PER SQ. FT. 2) ASPHALT SHINGLE 3) re ASPHALTIC MODIFIED BITUMINOUS WITH CAP: $ 8. COST PER SQ. FT. $ / tr ASPHALTIC MODIFIED BITUMINOUS WITHOUT CAP: t7 COST PER SQ. FT. 4) 5) MEMBRANE ROOFS: ~ $ 8. COST PER SQ. FT. $ /0 .~ COST PER SQ. FT. 6) BARREL ROOFS: COST PER SQUARE FOOT FOR REPAIRS OF THE FOLLOWING ROOF TYPES: a:- 1) METAL ROOF $ /.f"". COST ~~R SQ. FT. / ~ 2) ASPHALT SHINGLE $ ~ ~ COST PER SQ. FT. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 PROPOSAL PAGE CONTINUED ~rt e- 3) ASPHALTIC MODIFIED BITUMINOUS WITH CAP: $ / l . COST PER SQ. Fr. ,e- 4) ASPHALTIC MODIFIED BITUMINOUS WITHOUT CAP: $ 10. COST PER SQ. Fr. 6) BARREL ROOFS: t1' $ /2 - COST PER SQ. Fr. rl!:-- $ IJ COST PER SQ. Fr. 5) MEMBRANE ROOFS: 7) ADDITIONAL CARPENTRY LABOR AND MATERIAL COST PER HOUR TO REPAIRSUBDECKASNEEDED: $ tfo, ~ COST PER HOUR ALL PRICES F.O.B. BOYNTON BEACH / JJo y~ ~ ~o ~ Number of Bid Proposals submitted 5% Bid Bond Submitted for all Re-Roofs over $25,000.00: Specification "check-off' sheets (Pages 3-8 ) submitted Product Literature Enclosed: r ($Zh 7Z-I-y9Z-( TELEPHONE NUMBER SIGNATURE OWL WIILtL PRINTED NAME P /l?51 OWl- . TITLE TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 0) i @ B ~ ~ ~ ~ 8 @ ~ ~ FACILITY NAME 3 Million Gal. Ground Stora e Boat Club Pk RR BId Boynton Lakes Park Gazebo Civic Center Hester Park Concession Stand Hester Park Office/Restroom BId. Hester Park Press Box Intracoastal Park Main Pavilion Pavilion #1) Intracoastal Park Pavilion #3 Intracoastal Park Pavilion #4 Intracoastal Park Gazebo Intracoastal Park Restroom BId. Man ove Park Restroom BId . Meadows Park Restroom BId . Oceanfront Park Concession Stand Oceanfront Park Life Oceanfront Park Restroom Oceanfront Park Women's Restroom Pence Park Restroom BId . Utilities Admin. Bldg. and Site Walls ROOF REPAIR LISTING FACILITY ADDRESS 3600 Miner Road 2210 N. Federal H 300 Bo ton Lakes Blvd. 128 E. Ocean Ave. 1901 N. Seacrest Blvd. 1901 N. Seacrest Blvd. 1901 N. Seacrest Blvd. 2240 N. Federal Hwy. 2240 N. Federal H 2240 N. Federal H 2240 N. Federal H 2240 N. Federal Hwy. 700 N.E. 4 Ave. 4305 N. Con ess Ave. 6415 N. Ocean Blvd. 6415 N. Ocean Blvd. 6415 N. Ocean Blvd. 6415 N. Ocean Blvd. 400 S.E. 5t Ave. 124 E. Woolbright Rd. REPAIRS R Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Barrel Tiles t z.-6tm 68(]{) !- , 9> ,.- ~ 291J 3ClfJ ~ ~ t seX) 7S7lO l~ ~~ i9D J-UV i 8m ?iJc1D t~ q{ZrOJIl- I 2--o-vV ZSW~ 8 STATEMENT OF BIDDER'SQUALIFlCATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. 2. Business Address: * attach additional sheets giving the information ~,I ~ f~ ivJh4S Jc / / /33 V S. ~/VYI.U (}Il ti l/ t-I/u- ;/~. h:A. 33,-/0 :3 / 1. Name of Bidder: 3. When Organized: cl()o 2- FtPttol/ 4. Where Incorporated: 5. How many years have you been engaged in 'the contracting business under the present firm name? 'f 6. General character of work performed by your company. ;fu. ~/M- rr S/~/l1~7/L A.J~ 7. Evidence of possession of required licenses or business permits will be attached to Statement of Bidder's Qualifications. 8. Number of employees. b~ 9. Background and experience of principal members of your personnel, including officers. * Bonding capacity. . ~ tXJO, ()llJ - -'t I 10. Have you ever defaulted on a contract? If so, where and why?* 1AJ THIS PAGE TO BE SUBMITTED ALONG. WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 11. Experience in performance. Project $ Value Contact Name Phone # 5kL L-:=-- ~kLJ 12. Contracts on hand. * 14. M/WW~ fl~ !#L;s ~/A;~ 6ltKt~ ~ tfU- . List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * Largest completed projects (include final cost). 0<: () / 0/ tRItJ. ~ , , "..- ~ 6cmJ &lJ / ,. 3) ~ L( r/ZJ, I2JZJ / ( 1) I b@,fJlJ - / ' / /J?J ,1IlJ. ~ ~&4~ ~ 13. 2) arose from construction projects: * )JC)UL 1) 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: this J2- day of BY:@~ (written signature) Name: ()1!tJL- WI/~ L (printed or typed) j)~IIJM/T. , /Z1#f 201)6 Title: TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 OS/22/2006 20:43 5617426213 FACILITIES I1A"-23-213(11': 09: 26 ""HERMA SEAL ROOF S.~rS""EMS PAGE 02 St::.~ 721 3:?2~: F.02>,,\~ BIDDER'S SITE INSPECTIOl" CONnRMA'IION BID TITLE: pE-ROOFS AND ltOOF REPAIRS _~r V AlUOUS LOCAnO~S THROUGHOUT THE CIIY OF BO~'fON BEACH BID NUMBER: ~9)6-251l-06!C.m DATE: __.jj:<3JO(, -. Before me. t.lte undersigned authority, authorized to take acknowledgements personally appeared: ~ it ha (./ P, Ut ~6l ___ as a'1 aut30rized representative of; _.I.her.!.!Jlc- ..:5 t;~f -g;;l -5~f. . (hereinafter called lhe bidder) located at _1~3}i -S. f)/IItdLLiJr;-t!::t, L~ P~L. ~ 33 fVJand that said bidder has visitoo thp, ~ite of me work and has carefully examined the plans and spec:i5C',ations for said project and checked th~rn in detail before subro1rtmg his bid l')r proposc.1. ~ W& DKfE OF rnSPECnON THIS PAGIt TO B:t SLTBMIrn:n ALONG wrm PROPOSAL IN ORDER FOR BID PACKAGE TO :BE: COr\SlDEaED COMPLETE A.,.ND A(:CEPr.UU: :;0 -rf)-AL., p 0;' SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy ofthe Safety Program(s) to be in effect for the duration ofthe Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. f)tltI~ MllLtL AUTHORIZED ~a;df THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. dli!:!/ By:.. Sworn and subscribed before me This J 3 Day of /?'?-"9Y ( ,20 of,. Printed Information: lO;hlL M;!:tc NAME PMIIJ~ TITLE k g ;;y~) / /~. ~A r;~ NOTARY P , State ofFlonda at Large ............... ~ 'In.' ......................, : MICHAEL PICARD : : _ c:ommt DD0255837 : : _ ~ EIlpIIW 1~0Q0G7 i ! i~.J ..........CIOO)432...254$ . ~OFJ\I . i.!:: 111' ~.=~.:.~.i ~.. j~pf CO ANY "OFFICIAL NOTARY SEAL" STAMP TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Yes y No Is your company a Minority Owned Business? If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? NOV YES If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB -1 . Revised 02/22/05 28 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation ofthis section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. &.~ Vendor's Signa ure TillS PAGE TO BE SUBMITTED ALONG WITII PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 ---------._-------~--,.-----_._---_._--- Qc.. o tilt .~'b' ::db' 2:ct om :01Jf 12 I~ ~ -< )> C/) :;0 m o c :;0 m o OJ -< ~ ~~t:.~~ ~HWI.:ilJ~ tilt 8 JIloBlllJ. 1iIJ.t" I'd to .. ~# ~~~{J)tJ ~'=~ t"t"H H tj )lt~. l2:'0J:f tJ:~~'. =0" t" HtoH <t<lllJ lllJtIl 8 tsJ t:rJ. I:'" 3: m w w H JIlo Z o n w tIltJ lllJH ~5 8 ~g ~.~ l> n ~ p .r::. f'\.) ex> en w en tJ IiIJ "d' ~ ~~I tsJ m: 2: 80 ~ ~tsJ nb' Z 8d tit H tIl (I) " OH ~~ ;! H tIl "~ ~9) m d~ -0 I to." 8 " ~Id b ~~ HtsJ C Q: > Zto toH HO ~i5 J:f b' g: ~~ t" ~ H ~ rn m o =It: t4 o .,. o UI I \ ROOF SYSTEMS, INC. Therma Seal Roof Systems, Inc. 1334 S. Killian Drive · Suite 4 Lake Park, FL. 3340? Phone: (561 )-721-992', Fax: (561 )-721-9922 State License # CCC1325862 THERMA SEAL ROOF SYSTEMS, INC. 2006 REFERENCES 1. Wellington Green Shopping Center Systems - 226,000 sq.ft. - - Modified Bitumen, tile 20 year NDL Manville $980,000.00 Contact., Sikon Construction Mr. Ed McWhorter 1 -561-394-3453 2. Salerno Villa2e Square. Stuart Center. Woods Walk Systems- 450,000 sq.ft. - tear off and new construction 20 year NDL Warranty - Modified Manville and tile $1,320,000.00 Contact - Mr. Bill Wyatt 1-561-262-4088 3. Keller Warehouses System: 400,000 sq.ft.- Re-roof - Modified Bitumen 10 year N ,D.L. Warranty- Modified Certainteed $ 1,600,000.00 Contact: Mr. Arnie Ross 1-561-845-9911 4 Sea Monarch Condominium System- 40,000 sq.ft, - Tear off and reroof l5 year NDL Warranty - 20 story highrise $350,000.00 Contact- Mr. John Cerasani 1 -954-781-0350 Solutions Driven. Customer Focused. !1m Johns Manville Three Ply Mineral Surfaced Fiber Glass Built-Up Roof. For use over JM insulation. approved decks or other approved insulations, on inclines of 'fl' to 6" per foot (20.8 to 500 mmlm). for Region 3 only Marerials per 111II sq. ft. (9.3 m') of Roof Area Concrete Primer: If required Felts: GlasPly Premier or GlasPIy IV GlasKap. Mineral Surfaced Cap Sheet Asphalt (lmerply): Trumbull or other JM Approved Asphalt Incline per foot Asphalt Nominal Weight Up to 1" (25 mm) HOOF, Type II, Flat 691bs. (31 kg) 1" to 3" (25 to 16 mm) 190oF, Type III. Steep 69lbs. (31 kg) 3" to 6" (16 to 152 mm) 22OoF. Type IV. Special Steep 691bs. (31 kg) o to 6" (0 to 152 mm) PermaMop 69 Ibs. (31 kg) Approximate installed weight 175 - 260 Ibs. (79 - 1111 kg). 1 gaIIoo (3.11 liters) 2 plies 1 ply This specification is for use over arry type of approved structural deck which is not nailable and which offers a suitable surface to receive the roof. Poured and pre-cast concrete decks require priming with JM Concrete Primer prior to application of hot asphalt This specification is also for use over JM roof insulations or other approved rigid roof insulations. which are not nailable and which offer a suitable 5lJlface to instaU the roof. SpecifIC wrinen approval is required for arry roofinsulation not manufactured or supplied by JM. Insulation should be inslalled in accordance with the appropriate JM Insulalion Specification detailed in the current JM CommerdaVlndustrial Roofing Systems Manual. This specification can also be used in certain reroofing situations. Refer to the "Reroofing" section of the JM CommerciaU Industrial Roofing Systems Manual. This specification is not to be used directly over poured or pre-{;ast gypsum or lightweight. insulating concrete fills. Design and installation of the deck Mellor substrate naJSt result in the roof draining freely and to outlets --.s enough and so klcated as to remove water pumpdy and completely. Areas where water ponds for more than 24 hours are unacceptable and are not eligible to receive a JM Roofing Systems Guarantee. Note: AU general instructions comained in the cur rem JM Commerciall Industrial Roofing Systems Manual should be considered part of this specification. Flashing details can be found in the "Bituminous Flashings" section of the JM CommerciaVlndustrial Roofing Systems Manual. Note: On roof decks with slopes up to 1" per foot (83.3 mmlm), the roofing felts may be installed either perpendicular or paraDeI to the roof incline. On slopes over 1" per foot (83.3 mmlm), refer to Paragraph &..11 of this section for special requirements. Specification 3GIC l Non-Nailable Deck Of J\??fO'oted hv.;.\i!a\;on Concrete Primer (N Required} & ~ ~ a 3GIC Using GlasPly Premier or GIasPIy IV, apply a piece 18" (457 mm) wide, then over that. a full width piece. The following felts are to be applied full width overlapping the preceding felts by 19" (483 mm) so that at least 2 plies of felt cover the base felt/substrate at aU locations. Install each felt so that it is firmly and uniformly set. without voids. imo the hot asphalt (within t:250F [t: 140C] of the EYT) appJiedjust before the felt at a nominal rate of 231bs. per square (1.1 kg.m~ over the entire 5lJlface. Installation over porous substrates such as roof insulation may require up to 33 Ibs. per square (1.6 kglm') of hot asphalt Prior to application of GlasKap. cut the cap sheet imo handleable lengths (12' - 111' [3.66 m - 5.50 m]).lay the material out on the roof and allow it to relax and flatten 10 accolMlOdate a full width sheet apply a mopping of hot asphalt approximately 200F (11 oc) above the EVT. at a nominal rate of 231bs. per square (1.1 kglm'). (The higher temperature of asphalt maximizes the bonding of the cap sheet to the ply felts.) Then nop the cap sheet imo the hot asphalt. On subsequem courses. the cap sheet is positioned upside down. directly over the sheet in the preceding course such that the side lap area of the preceding sheet is exposed. Care should be taken to maintain l' (51 mm) side laps and 6" (152 mm) end laps. Asphalt is applied in the same manner as berore. making sure to also cover the l' (511TUT1) exposed side lap. Asphalt may also be applied to the exposed "upside down" cap sheet, prior to "flopping" it imo the hot asphalt. The cap sheet must be firmly and uniformly set, without voids. into the hot asphalt with aU edges and laps well sealed. Asphalt should meet the requirements of ASTM 0 312, JM Guaramees require the use of Trumbull asphalt or another JM Approved Asphalt. The Comractor must provide an Asphalt Confirmation Number (ACN) on prqjects which require a JM Guaramee. The ACN will indicate that the asphalt was registered with the approved asphalt source. Check with a JM Technical Services Specialist for special asphalt requiremems in hot climates. For an identical copy of this specification, ask for RS-2041. 6-2.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May] 5, 2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20,2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May], 2006 (Noon) 0 July J 8,2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF I:8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA nON: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Miracienne Pierre Louis for the property at 1071 Seagrape Rd, Lake Worth, FL (Hypoluxo Ridge Add 2 Lot 56). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ER:A TIF ~one, This parcel is within the Utilities service area. ~- (){/IV Department Head's Signature J4g~ City Manager's Signature Utilities Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO, R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND MIRACIENNE PIERRE 9 LOUIS; PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the subject property is located outside of the City limits, but within our 12 water service area and consists of a single-family home at 1071 Seagrape Road, Lake Worth, 13 FL, the property more specifically described in the legal description attached as Exhibit "A"; 14 and, 15 WHEREAS, no additional construction will be required by the City to serve this 16 property. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission hereby authorizes and directs the City Manager 23 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 24 Dieureste Josaphat and Mariacienne Pierre-Louis, which Agreement is attached hereto as 25 Exhibit "B". 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 S:\CA\RESO\Agreements\Water Service\Miracienne Pierre Louis,doc 1 PASSED AND ADOPTED this _ day of June, 2006. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor - Jerry Taylor 9 10 11 12 Vice Mayor - Carl McKoy 13 14 15 16 Commissioner - Robert Ensler 17 18 19 20 Commissioner - Mack McCray 21 22 23 24 Commissioner - Muir C. Ferguson 25 Attest: 26 27 28 29 City Clerk 30 31 (Corporate Seal) 2 S:ICAlRESO\AgreementsIWater Service\Miracienne Pierre Louis.doc Tln~: INSTRUMENT PREPARED BY: hH', herof, Esquire Ci,,: :, Cherof, Doody & Ezrol, P.A. 3099 Fast Commercial Blvd Suile 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON . THIS AGREEMENT made on this_ _ day of , 200 ~_, by and between '])leu. e J aJA. ht+ I-- MfrA.c c!t\ ~ J1t'rrt-- u; l"_' hereinafter called the "Customer", and the CITY OF BO TON BEACH, a municipal corporation of the State of Florida , hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation ofthe property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are /. f _ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially comlecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. lO. It is agreed that the City shall have no liability in the event there is a reduction, impairrnent or termination in water service to be provided under this Agreement due to any S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-1K)6.doc 2 prohibitions, restrictions, limitations or requirements ofloca1, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty oftitle, 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFf BLANK) Sc\CA \AGMTS\ Water Service\ Water Service Agreement. Rev 1-6--06.doc 3 AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND OltUf-fste:rOSfl1'#ff1 a.ncL M,fA.C i~"he. QJler"-4.- -/..-uti, 'J (INSERT NAME) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this.sfJ. day of .:Tk ~e , 200~. Printed Witness Name ~~ Witn~gna ur~ b - . ~ -C I ((V - () {!(m'l n Printed Witness Name -U~ rt) M.:td ~s Signature 0(" i -e H (J('I J--!J Printed Witness Name -~ C}A!M!;f~L/wvmO!Y/ ~itn~gn tureA b . ((\.f. - 0 {!fma() Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF F/or: ria.. ) ) ss: COUNTY OF f4.( M,l?e'ac J.. ) INDIVIDUAL(S) AS OWNER(S): ~t?JA-~~ Owner Signature ~~ ~~f>/IO/~t!ST E.. JoSIt-f'HAT Printed Owner Name ~~~Ja~ Owner Ignature ~ --<1}'J'J,'/?AC;eff/l'e I eRtfek/.J'~ Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person( s) described in and who executed the foregoing instrument that helshe acknowledged before me that helshe executed the same; that the individual was personally known to me or provided the following proof of identification: FIDrid,.. JJrlv~r /,cei.ct>J' . WITNESS my hand and official seal in the County and State last aforesaid this r+'-- day of J~" e. , 200~. (Notary Seal) CJ2;z ~ , f._........u.............................. ~ SUSAN COlLINS : I _ eo.nm. DOCl295085 ~ -:7~ . ExpIow 3/112008. . i ~ ~ 1ondecI1hN(800)432-4:>Jiotary PublIc : OF~ Florida Notary Assn. 1.- I........................................ . C My Commission expires: AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA TJON BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and m the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ,200_ (Notary Seal) Notary Public My commission expires: S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 5 Palm Beach County Property Appraiser Property Search System Page I of 1 Property Information Location Address: 1071 SEAGRAPE RD [,.. View Map Municipality: UNINCORPORATED ParTel Control Number: 00-43-45-09-14-000-0560 Subdivision: HYPOLUXO RIDGE ADD 2 IN Official Records Book: 13046 Page: 1750 LeJ;la! pe!ir::riptio...o: HYPOLUXO RIDGE ADD 2, LT 56 Sale Date: Sep-2001 Owner Information Name: JOSAPHAT DIEUREST ." t t"lailing Address: 1071 SE.AGRAPE RD LAKE WORTH FL 33462 595 3 Sales Information Sales Date 5ep-2001 Book/Page 1304JiIU5Q Price SaJS!_Type $44,000 WA RRANTY DEED Owner JOSAPHAT DIEUREST Jul-2000 1 t!:1::LOJ 12'r2 $88,500 WA RRANTY DEED PIERRE LOU ISE MIRAClE NNE Sep-1999 113~tU.~Q:;H~ $100 SU MMARY ORDER - - NONE RECORDED - - Exemptions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Mal'l,et Value: 2005 2004 2003 $99,210 $85,287 $75,391 $30,510 $24,408 $20,000 $129,720 $109,695 $95 391 Tax Year 2005 Number of Units: 1 <<Total Square Feet: 1868 !JS~_~<L<ijO: 0100 Description: RESIDENTIAL * in residential properties may indicate living area, A d dT bl V I sse sse a n axa e a ues Tax Year: 2005 2004 2003 Assessed Value: $49,888 $48,435 $47,532 l ~~!l.,lf;~ur~:p@.~il Exemption Amount: $25,000 $25,000 $25,000 \.k+."_.'--".:---"":':'\';"M;:::;<1:~:i:':::'-:.:','~tiiVi":"~".i/:'::""-<;'::':::;. Taxable Value: $24,888 $23,435 $22,532 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 20Q5 2094 2003 $474 $457 $441 $243 $191 $192 $717 $648 $633 L!a>(,,"CaI~Ic!;~9~J ~'fJla\!iR~t~g~a!";,,:j NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. E_t,-q~f{i ~?~;"}LC:!J I Ir1tQLDlQt.Lcn I J;_;1s~f.D12tt;}J!;; IG(Hr!}J!~l.r!Jty I Eilll~LQY.01E:Ut I hh~\Y.UQ!l)~_.G_LJYf;.r I OJO(~~? L')C_2:tjOns V.QI1J"-'~91\l;;.tULE:.m.Jl()an;j I S_ove ()IJf UOITIC~; I spnior'c':Qrry;r I [:),?<:;almcr UQ.ing jUn.ks I G1os;;?ry ! FAQ I FOi'fllS I C.onlan l);; I f!\PA " \ "' 2004 Po'" ",," C~"ty Pmp'rt'! APP''tiJ\l DI--{ 111 ( ( http://www.co.palm-beach.fl.us/papalaspx!web/ detail_info .aspx?p _ entity=004 34 509140000... 6/5/2006 :' 11 ()\.vncr /'..!I Owncr(s) PCN Number: 00-43-45-09-14-000-0560 O'.,ivner N;;in-e:1 JOSAPHAT DIEUREST PIERRE-LOUIS MIRACIENNE Page I of I ~~-=1 http://www.co.palm-beach.fl.us/papalaspx/web/allOwner.aspx?entity jd=004345091400005... 6/5/2006 THIS INSTRUMENT PREPARED BY: James A Cherot, Esquire Goren, Cherot, Doody and Ezro!. P,A, 3099 East Commercial Blvd, Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ft,11'rL t-eaCA -lIWe, D ieiAr-eJ'te JOs"'-f~t... Ym rAC/~~h~ f?t,;~t,,:"hereinafter "Grantee", hereby make, constitute, and appoint TIIE CITY OF BOYNTON BEACH, FLORID~ true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property descn"bed herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.: 6o-t.f3- Lf-S-OCJ -/~ -000 - as~ () The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORID~ shall commence and be in full force and effect on the S...ft.. day of J~~e , 20~ and the powers and authority shall be irrevocable by Grantee. IN WlTNESS WHEREOF, we have hereunto set our hands and seals the s-ft day of ---=-- o ,^n~ , in the year 20~ Sealed and delivered in the presence of 7;;;~~ 'Jf!~ ~ess Signature J Or' ; c H OrJ-.5 Print Name e ~~)~WWmMI- '~tl!1~'r e l) he (rrtCtn Print Name Lr;~ 111 ~h ~r Si~natuf1 b .. 0 r I -e..... 0 Ct Print Name Q. 0 ltW{. ~uJJlMYtn7 Qlt,nTeJ(~ - 80berma IJ Print Name ~~~~ Owner Signattp"e )( D,etAteJir J'ort:'lflvtt- Print Name . ~ ~ JbI/lJHY~~. J~ wner Signature ~ . ..; fvll YP\.C: ( e 11..,..e...- f{ e n~ ~ -Lo t,t IJ' Print Name ST ATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOlNG INSTRUMENT was acknowlydged before me this s/f- day of J' '-\."'~, 2006, by .DlP~r-este .Jo~fkLt- and .Mlr~ f~'Ule,... fl, -ef(.Jl,-WI/l-, who are known to me or who have produced rtt>(.d", ..D.l. , as identification and who did/did not take an oath. S~~~: NOTARY PUBLIC ' f'l J"t4!fW Co LL/ ;V.J Type or Print Name 11 · '1 ~....."...'SlisAM-~ : : ComIIlI 0Il1 ,,- i : ,t$~ waDI: : E~~~ ....... --..~: . = .5 ft-........UWl---- . : ~~ 'Wi DUI- : :' ~~::2~~~~~ F\0rid8 ~.~~~;~~..i , ................. Commission No. My Commission Expires: S:\CA\AGMfS\Water Service'i>ower of atty.doc - 1-6-06 H:\l990\900 I 82.BB\AGMT\Power of Attorney-Iud 1-30-06.doc ... 0680 1 in. = 149.4 feet 0690 0830 0700 0 0820 0710 0 0810 i 0720 I I I 0800 /> II 0730 l I ! . 0790 ~~r 0740 0770 0760 0750 ------\ '"" i , 0150 I 0140 I 012./.; ~.--' l 0170 0160 ) 0110 ~ j 0170 0160 0150 I I ! i 0100 0110 01201 I I --------l '""\ 130 0120 0110 0100 060 0070 0080 0090 err , "\~ ../J Location Map 1071 Seagrape Rd ( J I r 0530 I I i J~ i I I I 1,,-,- ;( I 0520 I i I I I I 0370 I I~ \ 0140 0130 ) --- !/ y I I 0360 I i I I I 0220 I ! I I \ \~",\,- J /: i J ~~~'~"s OAKRIDGE CI~~ l -. - - - - - --- - - - - - - - - - - -. - -" -- 1090 1070 1070 - - - -- - - - -- -- - -- - - - -- - - - - - - - . - - 0880 .67. \ 0620 0650 0640 0630 0540 0550 . 0570 0580 0590 0510 0500 '""\ 0450 0490 0480 0470 0460 0380 0390 0400 0410 0420 0430 0440 ) --- OLEANDER RD '""\ 0350 0340 0330 0320 0310 0300 0290 --- - - 0230 0240 0250 0260 0270 0280 0610 0600 \ J CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI VI.-CONSENT AGENDA ITEM D. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [2J July 5,2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF f8] 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 accept the written report to Commission of purchases over $ 10,000 for the months of May 2006. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's a!:'sence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: NONE ~ Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC .... . .. ~ CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED May 2006 1. Vendor: Huges Supply Inc. - WPB Purchase Amount: $ 25,879.00 Requesting Department: Utilities Contact Person: Barb Conboy Brief Description of Purchase: Copper wiring to wire the new emergency generation located at the East Water Treatment Plant. Source for Purchase: PBC Contract Fund Source: 403-5000-590-96-02 CIP R&R Water 2 Vendor: Martin Fence Purchase Amount: $ 13,011.60 Requesting Department: Utilities Contact Person: Barb Conboy Brief Description of Purchase: Fence and gate installation at East Water Treatment Plant. Source for Purchase: PBC Contract Fund Source: 403-5000-590-96-10 04-127/PR CIP Water Capital Flow 3 Vendor: South FL Trane Service Purchase Amount: $ 10,060.00 Requesting Department: Public Works Contact Person: Carol Roberts Brief Description of Purchase: Annual Chiller Inspection. Source for Purchase: School Board of PBC Contract Fund Source: 001-2511-519-46-25 05C-50J Mechanical Repairs 1 of 4 /4 Vendor: Maroone Dodge I Requesting Department: Public Works Purchase Amount: Contact Person: $ 18,937,00 Carol Roberts Brief Description of Purchase: Vehicle purchase: Dodge Magnum Source for Purchase: Florida Sheriff Contract Fund Source: 501-2516-519-64-33 Vehicle Purchase Purchase Amount: $ 16,271.00 Contact Person: Carol Roberts 5 Vendor: Garber Chevrolet Inc. Requesting Department: Public Works Brief Description of Purchase: New vehicle purchase: Chevy Impala Source for Purchase: Florida Sheriff Contract Fund Source: 501-2516-519-64-33 Vehicle Purchase Purchase Amount: $ 20,944.43 Contact Person: Yvonne Westerman 6 Vendor: Fisher Scientific Company Requesting Department: Fire Rescue Brief Description of Purchase: Heavy Duty Fire safety protective gear (13-Coats & 13-Pants) Source for Purchase: State Contract 490-000-03-01 Fund Source: 001-2210-522-64-06 Safety Equipment 20f4 7 Vendor: Hill York Service Corp Requesting Department: Facilities Management Purchase Amount: Contact Person: $ 23.950.001 Christine Roberts Brief Description of Purchase: AlC unit for PD gym (City Hall) Source for Purchase: (3) Three Written Quotes Fund Source: 302-4116-580-64-02 General Equipment Purchase Amount: $ 22,750.00 Contact Person: Jody Rivers 8 Vendor: Tazz' Lawn Care, Inc Requesting Department: Recreation & Parks Brief Description of Purchase: 65 - Royal Palm Tree's (10' - 12' High) Source for Purchase: (3) Three Written Quotes Fund Source: 302-4289-580-63-10 Landscaping Purchase Amount: $ 24,841.44 Contact Person: Christine Roberts 9 Vendor: A TC International Holdings Inc Requesting Department: Engineering Brief Description of Purchase: Access control and CCTV for new Fire Station #2 - Closed circuit TV system Source for Purchase: Miami Dade Contract CBW7787 -0107 10 Vendor: Nationwide Lift Trucks, Inc Requesting Department: Fleet Management Fund Source: 305-4118-580-6201 Buildinq Improvements Purchase Amount: $ 20,877.0\ Contact Person: Tim Calhoun Brief Description of Purchase: Toyota 3-wheel battery operated forklift Source for Purchase: (3) Three Written Quotes Fund Source: 501-2516-519-64-33 Vehicle purchase Purchase Amount: $ 31,770.00 Contact Person: Jeffery Livergood 11 Vendor: Comfort Tech Air Conditioning Requesting Department: Facilities Management Brief Description of Purchase: Replacement of City Hall AlC unit Source for Purchase: (3) Three Written Quotes Fund Source: 302-4101-580-64-02 General Equipment 3of4 /12 Vendor: Way Cool Playgrounds Requesting Department: Recreation & Parks Purchase Amount: Contact Person: $ 11,107.25 Jody Rivers Brief Description of Purchase: Park furnishings for Forest Hills & Galaxy Parks Source for Purchase: Piggy Back PB Contract 05-74/MP 13 Vendor: Lawmen's Shooter's Supply Inc. Requesting Department: Fund Source: 001-2731-572-63-05 Park Improvements Purchase Amount: $ 15,958.70 Contact Person: Mike Munro Brief Description of Purchase: Police weapons and supplies Source for Purchase: State Contract 680-000-03-01 Fund Source: 001-2110-521-52-50 Operation supplies The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to COm~ired. . City Manager Approval: ... Date: c/'?o11 OJ,, Presented to Commission for information on July 5, 2006 40f4 t-'UKCHA~t UKUtK CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061266 DATE: 05/10/06 IENDOR 1477 TO: HUGHES SUPPLY INC--WPB 1711 UPLAND ROAD WEST PALM BEACH, FL 33409 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EQUISITION NO. 39127 ORDERING DEPARTMENT: UTILITIES ADMIN HS ATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 3.00 M WIRE THHN 3500 BLK 37STR CU 1000FT 6X500FT REELS 6813.5470 20440.64 2 1. 00 M WIRE THHN>250 BLK>37S'I'R CU 2500FT 2X500F'I'RErBLS RE~I(S;, T{)W':tE-E NEW GEN:BRATOR TO EAST WA'rBR'flZE:ATMENT PLANT. 5438,3590 5438.36 \CCOUNT NO. 403-5000-590.96-02 PROJECT WTR13 1 P.O. TOTAL: 25879.00 'ROCUREMENT SERVICES: 25879.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 10-May-06 Requesting Department: Utilities Contact Person: John Reynolds Explanation for Purchase: Copper wire to hook up new generator to the EWTP. ~ Recommended Vendor Hughes Electric Supply, L TO IDollar Amount of Purchase $25,879.00 urce for Purchase (check and attach backup materials): Three Written Quotations D GSA 0 State Contract 0 PRIDE/RESPECT 0 SNAPS 0 Sole Source 0 Piggy-Back 0 Budgeted Item 0 Emergency Purchase 0 Other 0 Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-590-96-02 project #WTR131 Approvals: Department Head ~ Purchasing Agent JI-c:;t City Manager ~ILY Manager I' "'~," Date Date Date Date c 8=l ob~ Form Revised 02/01/02 REQUEST FOR REQUISITION H.T.E. ENTRY DATE: ! 5/10/2006 H.T.E. REQUISITION # ~127__ Clerk: H.Sagel ~_..,--_._- ~._.-- Procurement Ass't: , -1-'--------~-- ,- Director: \( tvi'> City Manager (non budgeted ! -' capital and/or $5000+): I RECEIVED JUN - B 2006 PROCUREMENTSERWCES --- REASON FOR PURCHASE: Wire to hook new generator to the EWTP. .. -- , .--~ _.~~--- VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Admin. --------- Name: Hughes Electric Supply, LTD. ( ) Date: 5/1 0/2006 ASAP ( ) Date Needed: 5/17/2006 ,------- Address: 1711 Upland Road Construction ( ) ConfIrm. ( ) West Palm Beach, FL 33409 Cust. ReI. ( ) ASAP/Conf. (x ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Michael Snapp Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 ~~- (x ) (over $500) 561-684-7466 Pumping ( ) Quotes/Written (x ) E. WTP 41 ( ) (over $2000) Vendor Number: 1477 PWTreat. (x ) Bid Docs. ( ) W.WTP 42 ( ) -----.,.--..--.'. Meter Servo ( ) Sole Source Ltr. ( ) P/u 99 ( ) .~------ INITIATOR: John Reynolds Sewage ( ) Insurance ( ) Special Instructions: APPROVED: ~. A' _. - Requirements: -~ ( '-, Stnnwtr. ( ) SNAPs/GSAlPiggy-back Project Number: WTR131 " )\./\./\.1' - #: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 3000 6813.547 Wire thhn 350 blk 37str cu 1000 ft 6 x 20440.64 ft m 500 ft reels 1000 5438.359 Wire thhn 250 blk 37str cu 2500 ft 2 x 5438.36 ! ft m 500 ft reels TOTAL 403 5000 590 96 02 25879.00 .The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES ITEMS REQUESTED: QUOTATIONS Wire thhn 350 blk 37str eu 100ft 6x50ft reels, wire thhn 250 blk 37str eu 2500ft 2x500ft reels VENDOR #1: DATE: CONTACT PERSON: P- 'NE NUMBER: QUOTE: VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: 20NTACT PERSON: PHONE NUMBER: ~UOTE: Hughes Electric Supply, L TD 5/9/2006 Michael Snapp 561-684-7466 $25879,00 Rexel 5/9/2006 561-845-6110 $27457,00 GraybaR 5/5/2006 Andrew Brown 561-683-3801 27469.30 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. run\JIlf'\0L vnULn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 061264 DATE: 05/08/06 'ENDOR 1863 TO: MARTIN FENCE CO. 862 13 TH STREET LAKE PARK, FL 33403-2383 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 lI.TE NEEDED: BID NO: COMMISSION APPROVED: ;:QUISITION NO. 38962 ORDERING DEPARTMENT: UTILITIES ADMIN JINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA FENCE & GATE INSTALLATION EAST PLANT 13 011.6000 13011.60 REMARKS; PIGGYBACK PBCCONTRACT 04--127/PR PER~'I'TACHEJDQtJ'OTE . ~CCOUNT NO. 403-5000-590.96-10 P.O. TOTAL: 13011.60 'ROCUREMENT SERVICES: 13011.60 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Jate: 19-Apr-06 ~equesting Department: UTILITIES Contact Person: Mark Bobich Explanation for Purchase: Additional site fencing for the Utilities Department East Water Plant. The installed fencing & gates will help limit public access to areas of our drinking water plant. This is a piggy-back of a current Palm Beach County contract - #04-127/PR I Recommended Vendor Martin Fence I Dollar Amount of Purchase $13,011.60 rce for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back CO Budgeted Item D Emergency Purchase D Other D Contract Number: Palm Beach County #04-127/PR NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-590-96-10 WTR 127 Approvals: Department Head Purchasing Agent I' ~t City Manager CllY Manager ~ -c9-' 4f/2-e[Ob I Date Date Date Date Form Revised 02/01/02 .unvn.......vc vnucn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061188 DATE: 04/14/06 ENDOR 9256 TO: TRANE 3600 PAMMEL CREEK ROAD LACROSS, WI 54601-6469 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 HE NEEDED: BID NO: COMMISSION APPROVED: IrJQUlhlt I'" , "'hl PU~~C!iL~\ , f "I L ,QUISITION NO. 38818 ORDERING DEPARTMENT: FACILITIES/AGGA ,INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA ANNUAL CHILLER INSPECTION 3940.0000 3940.00 2 1.00 EA EDDY 6120.0000 6120.00 CCOUNT NO. 001-2511-519.46-25 P.O. TOTAL: 10060.00 ROCUREMENT SERVICES: 10060.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 5-Jun-06 Requesting Department: Facilities Contact Person: Paula LeBlanc Explanation for Purchase: Annual Chiller Inspections and Eddy Current Scan I Recommended Vendor TRANE IDollar Amount of Purchase $10,060.00 Jrce for Purchase (check and attach backup materials): Three Written Quotations 0 GSA o o D o State Contract PRIDE/RESPECT o o o o o SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Other Contract Number: 05C-50J NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2511-519-46-25 Approvals: Department Head Purchasing Agent I < City Manager I City Manager Date Date Date Date u/u/vc, ',,: '~o ~ Form Revised 02/01/02 ,urH....n}-\;:)c vnucn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061206 DATE: 04/20/06 ENDOR 4147 TO: MAROONE DODGE 21151 NW 2ND AVENUE MIAMI, FL 33169 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 ATE NEEDED: BID NO: COMMISSION APPROVED: EOUISITION NO. 38912 ORDERING DEPARTMENT: FLEET / AGGA :..INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1. 00 EA FL ASSOC OF WRECKED VEH PURCHASE SPEC #04 PD 17487.0000 17487.00 2 1. 00 145.00 3 1. 00 115.00 4 1. 00 380.00 5 1. 00 CORNER STRO:BE KIT 435.00 6 1. 00 375.00 ACCOUNT NO. 501-2516-519.64-33 P.O. TOTAL: 18937.00 PROCUREMENT SERVICES: 18937.00 PURCHASING CITY OF BOYNTON BEACH ADOPTED BUDGET LINE ITEM PURCHASE Date: April 19, 2006 Requesting Department: PW/Fleet Maintenance Contact Person: Tim Calhoun Explanation for Purchase: Replace vehicle 4106 that was wrecked and unrepairable, We will receive an insurance settlement of $11,000 the remainder will taken from the Fleet Pre-Fund account. The total cost to replace the vehicle will be $18,937 less the settlement check the difference is $7,937 from the pre-fund account. I Recommended Vendor Mamone Dodge vendor#4147 I Dollar Amount of Purchase $ I 18,937.00 I Source for Purchase (check and attach backup materials): State Contract D GSA D D SNAPS PRIDE RESPECT D D D I xxxi Piggy-Back Other Contract Number: FL Assoc of Co, Spec#04 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source: Line Item Description Account No. Item Budaet Cost of Item Vehicle Purchases 501-2516-519-64.33 $ $ 18,937.00 Over/Under Budget $ 18,937.00 Approvals: Department Head Purchasing Agent 3t City Manager City Manager Date Date Date Date I qjuloh , New Form 02/11/02 ::NDOR 5338 PUHCHA~t UHUtH CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061213 DATE: 04/25/06 TO: GARBER CHEVROLET INC. 500 NORTH AVENUE GREEN COVE SPRINGS, FL 32043 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 QUISITION NO. 38931 ITE NEEDED: ORDERING DEPARTMENT: FLEET / AGGA BID NO: COMMISSION APPROVED: UNIT COST INE# QUANTITY UOM ITEM NO. AND DESCRIPTION 14698.0000 1 1. 00 EA 1. 00 EA 1. 00 EA 1. 00 EA 1. 00 EA 1. 00 EA',' 2 3 4 5 6 FL SHERIFF SPEC #04 LARGE CHEVY IMPALA JL9 ABS BRAKES 300,0000 DRL DAYTIME RUNNING LIGHTS 210.0000 B34 FLOOR MATS .0000 RSRAINSHIELDS .eS1?60 CORNER STROBES 6<RED LEFT FRONT CORNER, BLUE RIGHT FRONT CORNER,ALL OTHER CLEAR: SA314P WHELEN SPEAKER 1.00 EA WHELEN CENCOM SIREN SYSTEM ,. COpOR - UNDECIDED , REM1\ltK:S : TOREl?LACE UNIT 3001. 7 ROCUREMENT SERVICES: .CCOUNT NO. 501-2516-519.64-33 P.O. TOTAL: EXTENDED COST 14698.00 300.00 210.00 80.00 86.00 o 186.00 o 711.00 16271.00 16271.00 PURCHASING CITY OF BOYNTON BEACH ADOPTED BUDGET LINE ITEM PURCHASE Date: April 19, 2006 Requesting Department: PW/Fleet Maintenance Contact Person: Tim Calhoun Explanation for Purchase: Order an Administrative Chevy Impala to replace Unit#3001 that has been wrecked and is beyond repair. We will receive an insurance settlement of $3,500 the remainder will be taken from the Fleet Pre-Fund account. The total cost to replace the vehicle will be $16,581 less the settlement check the difference is $13,081 from the pre-fund account. Recommended Vendor Garber Chevrolet Vendor #5338 I Dollar Amount of Purchase $ 16,581,00 I Source for Purchase (check and attach backup materials): State Contract D GSA D D SNAPS PRIDE RESPECT D D D I xxxi Piggy-Back Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. FL Sheriff Assoc of Co. Spec#04 Fund Source: Line Item Description Account No. Item BudQet Cost of Item Vehicle Purchases 501-2516-519-64.33 $ $ 16,581.00 Over/Under Budget $ 16,581.00 Approvals: Department Head Purchasing Agent ! ~ City Manager City Manager 1/d/Db Date Date Date Date New Form 02/11/02 PUKCHA::i1: UKUI:K CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 061312 DATE: 05/17/06 :NDOR 7946 TO: FISHER SCIENTIFIC COMPANY LLC 3970 JOHNS CREEK COURTS SUITE 500 SUWANNEE, GA 30024 SHIP TO: City of Boynton Beach WAREHOUSE 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 ITE NEEDED: BID NO: COMMISSION APPROVED: QUISITION NO. 39173 ORDERING DEPARTMENT: FIRE RESCUE INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 13 ,00 EA TAILS COAT 984.4100 BPR25IOTC TAILS COAT GLD BRWN VNDR NBR = 0061647<V NDR CATNBR=dFLBOYW00043 VENDORTTEM NO. - NON...C,ATALOG, 12797.33 2 13.00 EA TJ.\'IlISR.P.NT aJ:>:g2p'I()'1'PTAILS PANT GLD BRWN ~g7(}06164 7 V.... . .' ~~/$AT :t'1BR = FL]30YN00044 $PM~SO~CE .....,. ....d.....'., ..$W~TE,OF>FLORII:).A cqNf'RACT PRICING .,'.q9~RACTNUMBER 490...000 - 03 - 0 1 'VENDOR ITEM NO.- NON-CATALOG 626.7000 8147.10 ~li:MARKS: BtJDGET APPROVED LINE ITEM. ACCOUNT NO. 001-2210-522.64-06 P.O. TOTAL: 20944.43 PROCUREMENT SERVICES: 20944.43 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 5/15/2006 Requesting Department: Fire Rescue Contact Person: Yvonne Westerman Explanation for Purchase: 13 sets of bunker gear. Budget approved line item 001-2210-522-64-06 I Recommended Vendor Fisher Sceintific Company I Dollar Amount of Purchase $20,944 ~ource for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: 490-000-03-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Budget approved line item 001-2210-522-64-06 Approvals: \ Department Head ~ ~ Purchasing Agent - ~ k Ass! City Manager =k 7. I City Manager Form Revised 02/01/02 Date ~ IS /1>6 Date 0...../7-66 I Date Date --2.l 17{ 0 C PURCHA::>t UKUI:K CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 061328 DATE: OS/25/06 ENDOR 7584 TO: HILL YORK SERVICE CORP 3927 WESTGATE AVE WEST PALM BEACH, FL 33409 SHIP TO: city of Boynton Beach FACILITY MANAGEMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 ATE NEEDED: BID NO: COMMISSION APPROVED: EOUISITION NO. ORDERING DEPARTMENT: LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST EXTENDED COST 2 1.00 JOB 14180.0000 14180.00 1 1.00 JOB REPLACEMENT OF PD/GYM A/C PER UNITS NOTED AND 9770.00 ACCOUNT NO. SEE BELOW P.O. TOTAL: 23950.00 PROCUREMENT SERVICES: 23950.00 PURCHASING CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 . "". ,"'. .,--'....,..... "'........ -. , [ lR 7584 P.o. #: 061328 DATE: OS/25/06 TO: HILL YORK SERVICE CORP 3927 WESTGATE AVE WEST PALM BEACH, FL 33409 SHIP TO: City of Boynton Beach FACILITY MANAGEMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 Il. TE NEEDED: BID NO: COMMISSION APPROVED: INQUIRIES REGARDING PURCHASE ORDER CALL (561)7426310 :QUISITION NO. ORDERING DEPARTMENT: JINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST ******************************************************************** THIS PAGE TO THE VENDOR* ************************* REQ/ACCT AMOUNT 0000038909 302410158064 0000038909 3024116580 14180.00 9770,00 'ROCUREMENT SERVICES: P.O. TOTAL: PURCHASING Date: 5/16/2006 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Contact Person: Paula Leblanc Requesting Department: PW/Facilities Mgmt. Explanation for Purchase: Budgeted replacement hvac units for the Gym (near police) for $14.180 and PW#1 for $9.770 per the attached proposals for the improvement of the air conditioning components of both buildings. Recommended Vendor Hill York Service Corporation Dollar Amount of Purchase $23, 950 Source for Purchase (check and attach backup materials): Three Written Quotations Ixxx] GSA o o o o State Contract SNAPS Piggy-Back Emergency Purchase Contract Number: o o o o o PRIDE/RESPECT Sole Source Budgeted Item Other NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: GYM: 302_4101-580-64.02/CP0603 ($10,000; pending budget transfer). PW#1: 302-4116-580- 64.02/CP0412 ($17,000) Approvals: Department Head Purchasing Agent Asst City Manager City Manager Form Revised 02/01/02 Date ~ / It!>(- (, Date if/;9/ob I 7 Date Date ~~11)1 ~~~ [Jle CJJ;v!- S!,--,S'/o b r Vn'-'IIM.;)!..; vnucn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 061327 DATE: OS/25/06 I, JR 0476 TO: TAZZ'S LAWN CARE, INC. 5484 2ND ROAD LAKE WORTH, FL 33467 SHIP TO: City of Boynton Beach PARKS ADMINISTRATION 100 E BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 EQUISITION NO. 39320 ORDERING DEPARTMENT: RECREATION & PARKS ATE NEEDED: BID NO: COMMISSION APPROVED: INQUIRIES REGARDING PURCHASE ORDER CALL (561)742631O :"INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 65.00 EA ROYAL PALM TREES (10'-12' WOOD) 350.0000 22750.00 MEMORIAL ROCUREMENT SERVICES: P.O. TOTAL: 22750.00 .CCOUNT NO. 3~--4289-580.63-10 22750,00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 6/5/2006 Requesting Department: Recreation & Parks Contact Person: Jody Rivers Explanation for Purchase: Replacement royal palm trees for storm damaged oak trees. Recommended Vendor razz's Lawn Care, Inc. I Dollar Amount of Purchase 22,750 Source for Purchase (check and attach backup materials): Three Written Quotations ~ GSA D D D D State Contract PRIDE/RESPECT D D D D D SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. I Fund Source for Purchase: (Grant funding) 302-4289-580-63-10/CP0614 Approvals: Department Head Purchasing Agent Asst City Manager City Manager ~'~~' ~~ .. ~::: Date Date (S> 5-/)~ fo-~-I)b Form Revised 02/01/02 S:\Recreation & Parks\Parks Admin\Purchases\Tazz - Request for Purchases Over $10,000 - FORM f'''TE 5/3/06 DIVISION / SECI'ION: PARKS l5W~ """"~''''. -- . " .=;"'~J.,.'fj~k"". <Iii). .w, ~~ - ,;:", ,~5!tr!... ~"". - i~.. "".-,.-~. ....'.~; ,.(.f/ ',' '. .~" .." .....,.;.,.. .- ,,_. ,,,,", ,c-.,. ....',0'- ..,' S",; .r. REQUEST FOR PURCHASE ORDER FORM PURPOSE/JUSTIFICATION/PROJECT: GRANT FOR REPLACEMENT OF STORM DAMAGED BLACK OLIVE TREES AT BOYNTON MEMORIAL PARK WITH ROYAL PALMS ITEMS: (If more than 4 items, attach company's order form which will be sent w /p.o.) Descriution Item # Ouantitu Price each 65 350.00 PURCHASING GUIDELINES: no quotes requlrecl - use credit card if vendor accepts 3 VERBAL QUOTES (contact name & phone number required) 3 WRITTEN QUOTES (items over $10,000, must complete and attach the RequetltforPurchasetJ over "10,000 form) $ 25,000 & Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over $750 must be made using a capital aCC01lD.t (60 series) $ 0 -$500 $ 501 - $1,999 $ 2,000 - $24,999 ;E QUOTES (check one): VERBAL: WRITTEN: X (attach quotes) COMPANY NAME PHONE # REPRESENTATIVE AMOUNT 1. TAZZ'S LAWN CARE 561-738-8128 LEE SLOANE $22.750.00 2. BAYSIDE TREE FARMS 305-245-9544 ELEANOR $28.250.00 3. ROYAL PALM TREE FARM 305-218-2852 CLEITON SANTOS $30.000.00 ** - Check here for return of purchase order; return to VENDOR NAME: TAZZ'S LAWN CARE ADDRESS: 5484 2ND ROAD LAKE WORTH FL 331fYfY;1t1a 7 VENDOR # (ifknown) 1047 b PHONE # 738-8128 . FAX# 561-733-2803 Remember to use the Inventory Tracking Form, if appropriate, when you receive your items. Refer to department APM policy "Inventory Control" for details. ACCOUNT NUMBER: 302-4289-580-63-10 PROJECT I: CP0614 (if applicable) SIGNATURE. ~ 73 (;Of- ~ ".~,.(~ )".." fJ j ~ ~ S~.. "'~~~~~~1?- S:\Recreation III Parks\Shared Files\Fonna\Purchase Request Form.doc, Revised 12/14/04 J ,un\."nJ-\0C vnucn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O, BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061322 DATE: OS/24/06 IENDOR 0025 TO: ATC INTERNATIONAL HOLDINGS INC 1270 NW 165TH ST MIAMI, FL 33169 SHIP TO: City of Boynton Beach ENGINEERING DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 tATE NEEDED: BID NO: COMMISSION APPROVED: :EQUISITION NO. 37953 ORDERING DEPARTMENT: ENGINEERING LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA ACCESS CONTROL AND CCTV FOR NEW FIRE STATION THIS IS ACCESS 24841.4400 24841.44 ACCOUNT NO. PROJECT 305-4118-580.62-01 CP0232 P.O. TOTAL: 24841.44 PROCUREMENT SERVICES: 24841. 44 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 17-May-06 Requesting Department: PW/Engineering Div. Contact Person: David Stump, Project Mgr. Explanation for Purchase: Installation of security proxy card readers and video cameras, according to plan, on Fire Station #2 located on Woolbright Road. This equipment will interface with the current system in operation at City Hall. I Recommended Vendor A.T.C. International I Dollar Amount of Purchase $24,841.44 urce for Purchase (check and attach backup materials): Three Written Quotations D GSA D D W D State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Other Emergency Purchase D D D D D Contract Number: Miami Dade County NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 305-4118-580-62-01 CP0232 This will be funded out of the 10% contingency appropriated by Commission for the construction of Fire Station #2. Approvals: Department Head Purchasing Agent )t City MBFlossr City Manager Form Revised 02101/02 Date Date Date Date :b!;)6 <;; I ~( Db run\...n/-\.:>c vnucn CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061321 DATE: OS/24/06 'ENDOR 0074 TO: NATIONWIDE LIFT TRUCKS, INC. 2481 PORT WEST BLVD. WEST PALM BEACH, FL 33407 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 A. TE NEEDED: BID NO: COMMISSION APPROVED: rJ I ' , PUt-if rl 'I EOUISITION NO. 39205 ORDERING DEPARTMENT: FLEET /MR :"INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA PURCHASE 3WHEEL OPERATED FORKLIFTT 20877.0000 20877.00 MODEL l"CCOUNT NO. 501-2516-519.64-33 P.O. TOTAL: 20877.00 'ROCUREMENT SERVICES: 20877.00 PURCHASING CITY OF BOYNTON BEACH ADOPTED BUDGET LINE ITEM PURCHASE Date: May 12, 2006 Requesting Department: PW/Fleet Maintenance Contact Person: Tim Calhoun Explanation for Purchase: . Order one 3 Wheel Battery Operated Forklift with 4,000 Ib capacity to replace 8062. The purchase price is $20,877 budgeted amount for the vehicle was $22,000 leaving us a surplus of $1,123, Recommended Vendor Nationwide Forklift Vendor #10074 I Dollar Amount of Purchase $ Source for Purchase (check and attach backup materials): State Contract 0 GSA o o 20,877.00 I SNAPS PRIDE RESPECT I xxxI o o o Piggy-Back Other Contract Number: 363199-02P-0075 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source: Line Item Description Account No. Item Budaet Cost of Item Vehicle Purchases 501-2516-519-64.33 $ 22,000.00 $ 20,877.00 Over/Under Budget $ (1,123.00) Approvals: Department Head Purchasing Agent 6,,,-+ City Manager :;'lY Manager Date Date Date Date 6/;o;b~ l~b I 5f~31 ot ~ew Form 02/11/02 CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O, BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 I VI \vl I/""'\vl- VI \L.JI-I \ P.O. #: 061333 DATE: OS/26/06 ENDOR 8630 TO: COMFORT TECH AIR CONDITIONING 13117 NW 107TH AVE BAY 6 HIALEAH, FL 33018 SHIP TO: City of Boynton Beach FACILITY MANAGEMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 HE NEEDED: BID NO: COMMISSION APPROVED: ,QUISITION NO. 38911 ORDERING DEPARTMENT: FACILITIES MGMT /PL JINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 JOB REPLACEMENT OF CHAMBERS TRANE #MCCB017 FAXED 31770.0000 31770.00 ROCUREMENT SERVICES: P.O. TOTAL: 31770.00 .CCOUNT NO. 302-4101-580.64-02 31770.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 5/16/2006 Requesting Department: PW/Facilities Mgmt. Contact Person: Paula Leblanc Explanation for Purchase: Budgeted replacement hvac unit for the Commission Chambers for $31,770 per the attached proposals for the improvement of the air conditioning components of the Chambers building, Recommended Vendor Comfort Tech Air Conditioning I Dollar Amount of Purchase $31,770 urce for Purchase (check and attach backup materials): Three Written Quotations Ixxx I GSA o o o o State Contract PRIDE/RESPECT o o o o o SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 302-4101-580-64.02/CP0403 ($26,000; pending budget transfer.) Approvals: Department Head Purchasing Agent " ~c;t City Manager L.,IIY Manager Date Date ~tz~ u: ~ l?b Form Revised 02/01/02 Date Date -.2i ~{ ~ GAj-- ~!L- ;V~ vJJd ~ia/a< CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O, BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 r- Ullvllr'\vL. VI \L.#L..I' P.O. #: 061346 DATE: 05/30/06 ENDOR 8006 TO: WAY COOL PLAYGROUNDS 1855-2 DR. ANDRE'S WAY DELRAY, FL 33445 SHIP TO: City of Boynton Beach PARKS ADMINISTRATION 100 E BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 \ TE NEEDED: BID NO: COMMISSION APPROVED: QUISITION NO. 39315 ORDERING DEPARTMENT: RECREATION & PARKS ,INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA PARK FURNISHINGS PER QUOTE #WCPQ2207 FOR 11107,2500 11107.25 !\CCOUNT NO. 001-2731-572.63-05 P.O, TOTAL: 11107.25 'ROCUREMENT SERVICES: 11107.25 PURCHASING S;><<i ~ CITY OF BOYNTON BEACH -~~~,"",.." REQUEST FOR PURCHASE OVER $10,000 Date: 5/12/2006 Requesting Department: Recreation & Parks Contact Person: Jody Rivers Explanation for Purchase: Replacement' of park furniture at Forest Hills and Galaxy Parks Recommended Vendor Way Cool Playground I Dolla.r Amount of Purchase 11,107 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract 0 PRIDE/RESPECT o D o SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Other Contract Nu'mber: PSC, Lot #2 OS-74/MP o o o o o NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2731-572-63-05 ~. Approvals: Department Head L~ Purchasing Agent _ ~ _ Asst City Manager :y Manager Date Date Date Date . c) - /, -/)6 - . 0- /..p -at Form Revised 02/01/02 S:\Recreation & Parks\Parks Admin\Purchases\Request for Purchases Over $10,0 XC,., rUI1\..,.,IIM.vL- \JI\LJL-I\ CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 061344 DATE: 05/30/06 ENDOR 1747 TO: LAWMEN'S & SHOOTER'S SUPPLY IN 7750 9TH STREET S.W. VERO BEACH, FL 32968-9298 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 A. TE NEEDED: BID NO: COMMISSION APPROVED: JNUl t.... "II ,'I :;QUISITION NO. 39348 ORDERING DEPARTMENT: POLICE ~INE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 2 40.00 CSE 88.2800 2648.40 1 30.00 CSE WINCHESTER 40 CAL DUTY VENDOR ITEM NO - 124.1400 4965.60 2247.40 3 3852.90 4 30.00 5 20.00 o 2244.40 -1 A.cCOUNT NO. 001-2110-521.52-50 PROJECT P.O. TOTAL: 15958.70 "ROCUREMENT SERVICES: 15958.70 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 1/30/2006 Requesting Department: Police Contact Person: Michael L. Munro Explanation for Purchase: Purchase from Lawmen's & Shooter's Supply ammunition for Police Department use, Ammunition consist of 40 cal., 9mm, 223 and 38 cal. I Recommended Vendor Lawmen's & Shooter's Supply I Dollar Amount of Purchase $15,958.70 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA [D D D D State Contract PRIDE RESPECT D D D D D SNAPS Piggy-Back Sole Source Emergency Purchase Other Contract Number: 680-000-03-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account 001-2110-521-52-50 t\pprovals: Jepartment Head ::>urchasing Agent \sst City Manager ~ity Manager / 0' 'vised 02101/02 ~\1'::"O~ f · .....'\ 0\ -, _ - -- - -l.'t 0;\. .,., J (.I ^~~~. VI.-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Authorize the use of $] ,000 of Mayor Taylor's Community Investment Funds to the De V os- Blum YMCA. EXPLANATION: Commission approval is requested for allocation of$],OOO to the De Vos-Blum YMCA for their 2006 Partners in Youth Program. PROGRAM IMPACT: Allocation of funds will assist the above program FISCAL IMPACT: (Include Account Number where funds will come from.) 00]-]] ]0-5] ]-95-47 Funds are budgeted for these types of activities. Each Commissioner has $] 0,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ~ J-g<~ ~Manager's SIgnature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: June 26, 2006 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $1,000 RecipientlPayee: DeVos-Blum Family YMCA of Boynton Beach Description of project, program, or activity to be funded: 2006 Partners in Youth Program Dated ~fk By: CJrf~ ~d /I I I / Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $4,500 has been used to date by the requesting Member, leaving a balance of available funds of $5,500. This request would bring the available amount down to $4,500. Accordingly: J!-.- There are funds available as requested o There are insufficient funds available a Dated: ~~11 Dlo I J By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: I2f The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; Id""'" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~roper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. bli1-'J(ot, By: ~~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-06.doc 9600 South Military Trail, Boynton Beach, Florida 33436 www.ymcaspbc.org Phone: 561.738.9622 Fax: 561.738.6055 @ RECEIVED JUN - 8 2006 June 7, 2006 Mr. Kurt Bressner, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-03] 0 CiTY MANAGER'S OFFICE Dear Kurt, Our YMCA has really become part of the fabric of the Boynton Beach community, Since our grand opening in December 2000 we have opened our door to the entire community; providing much needed programs and services such as preschool and school aged child care, youth and adult fitness/wellness, youth and adult sports and aquatics, all in a healthy, safe and character building atmosphere. In our first year of operation we were able to provide $110,000 in financial assistance to children and families of our community; enabling them to participate in programs that they would normally be unable to afford. In 2005 this number grew to $570,000 in financial assistance, impacting the lives of over 1,900 people. Not only were they able to receive valuable services through the YMCA, but they also received mentoring of our YMCA character values of caring, honesty, respect, and responsibility, These values, along with our programs, are helping Boynton Beach build strong kids, strong families and a strong community, We are proud of our accomplishments and our impact on the community. As community awareness about the YMCA and its' services grows, the real need also reveals itself to us. Our YMCA engages in an annual fundraising program to help raise funds to support our financial assistance. During 2005 our "Partners with Youth" program raised contributed dollars in the amount of $260,000. Please consider being a major part of our 2006 "Partners with Youth" program by contributing $15,000 in support of our children and families in need. This money will help sustain the mission of the YMCA in our community, Sincerely, ~ /" d C!" Todd W. Shuart Executive Director A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION, NUMBER SC-03149, MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (1.800.435.7352) WITHIN THE STATE~ REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. THE YMCA OF SOUTH PALM BEACH COUNTY. D/B/A THE YMCA OF BOCA RATON, PETER BLUM FAMILY CENTER AND THE DEVOS-BLUM FAMILY YMCA OF BOYNTON BEACH, RECENES 100% OF ALL CONTRlBlTTIONS MADE TO THE ORGANIZATION. A PARTICIPATING AGENCY OF THE UNITED WAY ,.. ~\1'Y.,o. \../:.-.......~ / '\ ~, ) c' .J: ~~:;.'Q ii~' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\-l VIII.-PUBLIC HEARING ITEM A. Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 0 May 2, 2006 Apri117,2006 (Noon) ~ July 5, 2006 0 May] 6, 2006 May 1,2006 (Noon) 0 July 18, 2006 Date Final Form Must be Turned in to City Clerk's Office May 15,2006 (Noon) June 5, 2006 (Noon) June 19,2006 (Noon) July 3, 2006 (Noon) -.--.,; ~. ,,' '""- "':.1 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report ~ "J ~-"",;1 __..,c.....\,.'_; .-~- t I; ~> --.-,,: ""0 ~1- -~ RECOMMENDATION: Please place this request on the July 5, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject request be approved on June 13,2006, with the elimination of Conditional of Approval #1, due to appropriate satisfaction of the condition.. For further details pertaining to the request, see attached Department Memorandum No. 06-084. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (ABAN 06-002) Carlos 1. Ballbe, P.A. Southern Homes of Palm Beach, II, LLC Southwest comer ofSE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot wide utility easement at the southwest comer of the property. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A ~~. ~ City anager's Signature ent Department Director ~ i'- tWt. " Planning and Zoning Dir or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\ABAN 06-002\Agenda Item Request Coastal Bay Colony ABAN 06-002 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FI,ORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF 10 FOOT WIDE UTILITY EASEMENT, LOCATED ON PROPERTY NEAR THE SOUTHWEST CORNER OF SOUTHEAST 23RD AVENUE AND FEDERAL HIGHWAY, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Southern Homes of Palm Beach, II, LLC, is requesting that the City abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and I WHEREAS, staff finds that the utility easement no longer serves a public purpose, anl1l the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and herein by this reference. incorporated I I ! Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff comments. The property being abandoned is more particularly described as follows: A portion of the SE one quarter (SE 14), Section 33, Township 45 South. Range 43 East, City Of Boynton Beach, Palm Beach County, Florida being more particularly described as follows: Commence at a point being on a line 385.56 foot South of the North line of the said Southeast one-quarter (SE 14) as intersected with a line being 33.00 west of parallel with the centerline of South Federal Highway (US Highway No.1) as shown on the Florida Department of Transportation right of way map, section 9301-205-93010-2501 State S:\CA rdinances\Abandonments\Coastal Bay Colony.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Road No.5, sheet 3 of 10; thence South 04033 '08" West along said parallel line, 100,00 feet to line being 485.10 foot South of and parallel with North line of the said Southeast one-quarter (SE %): thence South 89004'23" West along said parallel line, 295.00 feet to the point of beginning: thence continue South 89004'23" West along said parallel line, 55.00 feet to a line being 251.25 East of and parallel with the West line of the Northeast one-quarter (NE %), of the South east one quarter (SE %), of said section 33: thence North 01030'00" west along said parallel line, 99.55 feet to line being 385.56 foot South ofthe North line of the southeast one-quarter (SEl/4) of said Section 33: Thence North 89004'23" East along said parallel line, 10.00 feet: thence South 01030'00" East 89.55 feet; thence North 89004'23" East, 45.lOfeet: thence South 00055'37" East, 10.00 feet to the point of beginning, Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 0.033 acre (1,445 .98 square feet) more or less. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S:IC rdinanceslAbandonmentslCoastal Bay Colony,dOc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FIRST READING this ~ day of ,2006. SECOND, FINAL READING AND PASSAGE THIS _~ day of 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\C rdinanceslAbandonments\Coastal Bay COlony,doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff comments. The property being abandoned is more particularly described as follows: A portion of the SE one quarter (SE Y4), Section 33, Township 45 South. Range 43 East, City Of Boynton Beach, Palm Beach County, Florida being more particularly described as follows: Commence at a point being on a line 385.56 foot South of the North line of the said Southeast one-quarter (SE Y4) as intersected with a line being 33.00 west of parallel with the centerline of South Federal Highway (US Highway No.1) as shown on the Florida Department of Transportation right of way map, section 9301-205-93010-2501 State Road No.5, sheet 3 of 10; thence South 04033'08" West along said parallel line, 100.00 feet to line being 485.10 foot South of and parallel with North line of the said Southeast one-quarter (SE 'i4): thence South 89004'23" West along said parallel line, 295.00 feet to the point of beginning: thence continue South 89004'23" West along said parallel line, 55.00 feet to a line being 251.25 East of and parallel with the West line of the Northeast one-quarter (NE Y4), of the South east one quarter (SE Y4), of said section 33: thence North 01030'00" west along said parallel line, 99.55 feet to line being 385.56 foot South ofthe North line of the southeast one-quarter (SEl/4) of said Section 33: Thence North 89004'23" East along said parallel line, 10.00 feet: thence South 01030'00" East 89.55 feet; thence North 89004'23" East, 45.lOfeet: thence South 00055'37" East, 10,00 feet to the point of beginning. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 0.033 acre (1,445 .98 square feet) more or less. S:\CAIOrdi ceslAbandonments\Coastat Bay Colony.doc IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of ,2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of ,2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordi ces\Abandonmenls\Coastal Bay COlony,doc . 1 in, = 154.0 feet Coastal Bay Colony Exhibit A DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 06-084 FROM: Chair and Members Community Rede~elop~e~ Agency Board Michael W. Rumpfr Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: May 22, 2006 SUBJECT: Coastal Bay Colony - Abandonment of a utility easement ABAN 06-002 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on December 30, 2005. The applicant, Carlos J. Ballbe, agent for Southern Homes of Palm Beach II, LLC, is requesting to abandon a ten (10) foot wide utility easement located on the Coastal Bay Colony plat. It is described as follows: Commencing at a point being on a line 385.56 feet south of the north line of the said southeast one-quarter (SE ~) as intersected with a line being 33. 00 westof and parallel with the cel1tenine of South Federal Highway (U.s. Highway No.1) as shown on the Florida Department of Transportation Right-of-way map, Section 9301-205-93010-2501 State Road No, 5, Sheet 3 of 10; Thence South 04033'08" West along said parallel line, 100.00 feet to line being 485.10 foot south of and parallel with north line of the said southeast one-quarter (SE ~) ; Thence South 8900423" West along said parallel line, 295.00 feet to the point of beginning; Thence continue South 8900423" West along said parallel line, 55.00 feet to a line being 251.25 east of and parallel with the west line of the northeast one-quarter (NE ~), of the southeast one-quarter (SE ~) , of said Section 33; Thence North 01030'00" West along said parallel line, 99.55 feet to a line being 385.56 foot south of the north line of the southeast one-quarter (SE ~) of said Section 33; Thence North 8900423" East along said parallel line, 10 feet; Thence South 01030'00" East, 89.55 feet; Thence North 8900423" East, 45.10 feet; Thence South 0005537" East, 10.00 feet to the point of beginning. Containing 0.033 acre (1,445.98 square feet) more or less. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B" shows the location of the proposed abandonment and its legal description, while Exhibit "c" depicts an enlarged/detailed version of the proposed abandonment. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see Exhibit "A" - Location Map) North: Developed lots within the Coastal Bay Colony PUD, then farther north developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); Page 2 Memorandum No. PZ 06-084 ABAN 06-002 South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); East: Developed lots within the Coastal Bay Colony PUD, then farther east right-of-way for Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) and zoned R-3 (Multi-family Residential) ; West: The SW Corner of the Coastal Bay Colony PUD Plat, then farther west developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3 (Multi-family Residential). BACKGROUND: Coastal Bay Colony is a Southern Homes project located just south of Golf Road (SE 23rd Avenue), on the west side of South Federal Highway. The Coastal Bay Colony site plan, approved by the City Commission on February 18, 2003, authorized the construction of 64 fee-simple townhouse units on 4.34 acres. As part of that approval, the applicant proposed to relocate utilities to make better use of the parcel. As a result, a 10-foot wide utility easement, in an "L" shaped configuration at the southwest corner of the property and containing a sanitary sewer line, became unnecessary once the line was relocated. The plat for the PUD was subsequently adopted, with a notation that the easement was to be abandoned. The applicant is now formally requesting the abandonment of this easement that was originally contemplated. ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper, A summary of the responses from the utility companies and city staff is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Com cast) No objection No objection No response as of this date No objection NjA Page 3 Memorandum No. PZ 06-084 ABAN 06-002 RECOMMENDATION: Staff recommends that this request to abandon the "L" shaped, ten (10) foot wide easement as described above be approved with the condition of approval that the applicant provide a letter of no objection from Florida Public Utilities (FPU). Any conditions recommended by the Community Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "D" - Conditions of Approval. S:\P1anning\SHARED\WP\PROJECT$\Southem Homes\Coastal Bay Colony\ABAN 06-002\Staff Report.doc . 1 in. = 154.0 feet Coastal Bay Colony Exhibit A SKETCH OF DESCRIPTION, 10' UTILITY EASEMENT VACATION, A PORTION OF THE SOUlllEAST ONE-GUARlER ISE 'V4), OF secnON 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST. CITY OF BOYNTON BEAOi PAlM BEACH COUNTY A.ORIDA 6Yr DA TE; ao Fl& 02m02JlCfl DRAWN: TOL 6-07-04 SCALEI r~40' CHECKED: DL 1 Io-IO-OS FIELOWORK, NA NA PROJECTl 230290 FIELDBOOK NA ,Po.. NA SHEE T I OF 2 EXHIBIT B LEGAl DESCRIPTIONl A PORTION Of THE SOUTHEAST ON( -OUARlER I SE II" It SEClI ~ 33, TOlNSlflP 45 SOUTH, RANGE 43 EAST, CITT OF BOYNTON 8EACH, PllM BEACH COUNTY, FlORIDA BEING L<<lRE PARTICUlARLY DESCRIBED AS FOLLOWSI COII(NCE AT A POI NT BE IHG OM A. LItE 385, S6 FOOT SOOTH ~ THE NORTH LINE OF THE SAIO SOUTHEAST ONE.QUARTER (SE IJ~J AS INTERSECTED 11TH A LINE BEING 33.00 WEST OF AND PARAlLEL 11TH THE CENTERllHE OF SOUTH FEDERAL HIGHWAY IU,S. HIGHWAY 110, II ~S SHOWN ON THE FLORIDA OCPARTIENT OF TRANSPORTATION RIGHT a: IAT MAP, SECTION 9301'~05'!3010'2501 STATE ROAD No.5, SHEET 3 OF 10. THENCE SOUTtl O.c.33'oa" lEST AlONe SAID PARALLEL LINE, 100,00 FEEl TO LINE BEING ~B5.IO FOOT SOUTH OF A~ PARALLa II1H NORTH LINE CJ' THE SAID SOUTHEAST ONE-QUARTER IS[ lI~la THENCE SOUTH 89'04'23- lEST AlON(1 SAID PARAlLEL LINE, 295.00 FElT TO TH[ POINT or BEGINNINGc TI€NCE C0t4TUIJE SOUTH 89.04'l3- lEST ALONG SAID PARALLEL LINE, 55.00 FEET TO A LINE BEING 251.25 E-'5T OF AND PARALLEl II TH Tl€ lEST L It.[ OF THE NORTHEAST erE -OlJARrER It.{ II.,}, OF THE SOUTH- EAST Ot€ -OOARTER ISE II~ lr f1 SAID SECTION 33c THE~E IGTH OI.JO'CO- lEST Al~C SAID PARALLEL LINE, 99.55 FEET TO A lIN( BEING 38S,5~ FOOT SOUTH a: THE NORTH LINE a: THE S<IllMAST ONE.QUARTER CSE J1.U OF SAID NOT TO SCALE SECTION 33, THEta NORTH 89.~'23. EAST ALONG SAID PARAlLEL LINE, 10,00 lOC TO SEre FIn. TH(JIC( SOOTH 01'30'00" UST, 89.55 FEET. THE~ IIORTH 89-1).4'23- A INK H EAST~ "5.10 FEETe THENCE SOUTH 00'55'37- EAST. 10.00 FEn TO THE POINT OF BEGINNING. SAID LANDS l'll~ IN TI€ CITY OF BOYNTIJI BEACH, PAUl BEACH COOftTT, flORIDA, CONTAU~ING 0.033 ACRE 11..,45.98 sou. FEETJ WRE (If LESS. SURVEYOR'S NOTES. I. NOT VlllD WITHOUT THE SIGNATURE AND THE ORIGiNAl RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND NAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS ORIfEPORTS BY OTHER THAH THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT lIUTTEN C~NT Of THE SIGNING PARTY OR PART IES, 3, lAf()S SHOWN HEREON IERE NOT ABSTRACTED FOR RI GHTS-or -IAT, EASO{NTS, OWNERSHIP. OR OTHUIHSTlUENTS OF RECORD. ~. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUWED BEARING OF NORTH 89004'23- WEST AlONG THE NORTH litE OF THE SOUTHEAST M-OOARTER ESE I/~ I Of SECTION 33, TOWNSHIP 45 SOUTH. ~3 EAST, 5, THE LEGAL DESCRIPT10N HEREON WAS PREPARED B1 THE SURVEYOR, G. THIS SKETCH IS NOT A BOUNDARY SURVEy AS SUCH, SURVEYO~'S I HEllEB,(' PROPERTY OEl.1.NEATE lEETS', . PROfES'SI CODE, 'I'IONS N AT THE ATTACHED SKETCH OF DESCRIPTION Of' THE HERE(JIt DESCRIBED ltD TO THE BEST (f ur IlNOIlEDGE. BELIEF, AND INfORlU.lIQN AS DiRECTION. 1 ~URTHER CERTIFY THll THIS SKETCH Of DESCRIPTlON . lECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF ORS All) MAPPERS IN CHAPTER 61GI1-6, FLORIDA ADilIHIS1RATlVE ;.TO'SECT1~ 472.027, FLORIDA STATUTES, SUBJECT TO THE OUAlIFICA- ON, BYI . DO 'l'. " .... FLORI ~'REG STRATION NO. 4380 ATLAN Ie CARIBBEAN MAPPING INC. DATEs 10'10.05 REVISION: L84RO PROFESSIONAL $URVU0IlS AN) WAPPERS ATlANTIC - CARIBBEAN MAPPlNG.INC. 30TO JOG 1l0AO . GRaNACItt$. IIlORDA >>467 i56ll9M- 81 - FAX 156D !64-196' - t........ .cu.ACWlC.CC II I j ~ I 10 t ~ :j; , , SKETCH OF DESCRIPTION, 10' 1JTILfTY EASEMENT VACATION, A PORTION OF THE SOUTHEAST ONE-OUARTER ISf Y4), OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON SEA PALM BEACH ~ FLORfOA BY. DA TEa ~ n.& lI2!OSIlOZ.DcH DAAW"a TDl. 6-07-04 SCALE: 1':20' CHECKED. DL T 10-10-05 FIELDWORK. NA NA PROJECT: 230290 FlElDBOOl NA .PG.NA ShEET 2 OF 2 ... -." ...... . . i , i . , ! . , , . I . . :or I ~ I "'r . .... .-~ ,.,.., "'l z o . i= , u : \.LJ ! In . ...... I ::::, . . 'UJ . VI . I qo : ~ I : u..I 1 :z: . w . :z: ! :::i . ...- , Vl : ~ 1--1 :-< I . I . . I . I ~ In ~ 'q" LECENDs ACW . ATlANTIC CARIBBEAN MAPP ING INC, t . C(mER LINE COR . CORNER L8 . LICENSED BUSINESS POB . POINT OF KGIHNING POC . POINT OF COIIo(NCEJelT PSu . PRaESSICNAl. SURVEYOR iNO MAPPER RI'f . IlIGiT OF WAY SEe . SECTION ~ . DESIGNATES COURSE IN LINE TABLE PARALLEL LINE SE r4 SECnON 33-45-43 (UNPLA ITED) - 10' UTILITY EASEMENT V ACA TION I 0.033 ACRE (1,445.98 SQUARE FEEn! REVISION; ~~ PROFaSIONAL SURIJEYOflS ' 4NO UAPPERS .:::- .:::"... - <iAH11lBfAN MAPPlNOJ!Ne. ~70 .lOG IIOAD - CREENACIIE5. FlOM)A 33447 IS6l) '&4-781-4 . FAX (S5IJ _ It.. ~ . ., ................ .......................... . .... ..... ............................ EXHIBIT C .. ..--- ..-..-... - ..--. -----.. .....' o .,~) r 1 :JRAPIi'C seA!"" IN FEE.-:- ~ ~ ilIt ~ I t ~~ l-l ! ~ ; ...... I POC' Q.. 0 I r- I "'t...., I I o~ I' ,: 6~ tu -/ ' ;:,:,~ . )-a:V) I ! ~:z..., . ~Q. I ! !:?~~ . ::!: .... c::) 1 ., vjD:oo:t , .:ro I 2VlO::: ~ ~i ~g~ ..... 33.00': ~&.a. t:; c:1 I . s;oa ::1 ; -1.....~ ~ I . g~@ ~ I . f;3~,.., LJ ; lL. ~ cr : F==lJ.J2 , ~o":" I . Ooer;:=:: . VlO~ ! ~CI'> j ! ~~ ...-..;:.. . t:= ! r;; ! . EXHIBIT "D" Conditions of Approval Project name: Coastal Bay Colony File number: ABAN 06-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall provide a letter of no objection from Florida Public X Utilities (FPU) prior to the city recording the abandonment ordinance in the county records. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHAREDlWP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay CoJony\ABAN 06-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coastal Bay Colony APPLICANT'S AGENT: Carlos Ballbe APPLICANT'S ADDRESS: 4401 W Trade Winds Avenue, Suite 201 Lauderdale by the Sea, Florida 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006 TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide, "L" shaped utility easement near the SW corner of the Coastal Bay Colony plat LOCATION OF PROPERTY: SW Corner of Federal Highway and SE 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-002\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida G. Coastal Bay Colonv Abandonments June 13, 2006 1. Project: Agent: Owner: Location: Coastal Bay Colony (ABAN 06-002) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach II, LLC Southwest corner of SE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot wide utility easement at the southwest corner of the property. Description: 2. Project: Agent: Owner: Location: Coastal Bay Colony (ABAN 06-003) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach II, LLC Immediately south of SE 23rd Avenue on the west side of Federal Highway Request to abandon a ten (10) foot utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition Plat. Description: Mr. Breese reported Coastal Bay Colony was a townhouse development put together by Southern Homes right across from the Hemingway Square site plan just reviewed. As the applicant went through the process and platted the property, it was noted on the plat these two easements were to be abandoned. At one point, one of the easements had a City utility line that the applicant relocated, at its expense. The other one had an FPL line and when the lots were incorporated into the project, the FPL line was no longer needed. All utilities have been relocated. The staff report indicated they were waiting for a response from Florida Public Utilities, but that had been received so that condition of approval should be removed from the conditions of approval. Staff recommended approval. The applicant was not present. The board had no questions and did not enter into any discussion. Chair Tillman opened the floor to public comment and closed it when no one came forward, Motion Vice Chair Norem moved to approve the request for abandonment of a 10-foot wide utility easement at the southwest corner of the property (ABAN 06-003). Ms. Horenburger seconded the motion. Mr. Breese asked if the motion could have the lone condition of approval removed and Vice Chair Norem and the Ms. Horenburger agreed. The motion passed 7-0. Mr. Breese indicated the previous presentation applied to the second abandonment and staff also recommended approval. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Motion Vice Chair Norem moved to approve the request for abandonment of the ten-foot wide utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition with the staff recommendations. Ms. Horenburger seconded the motion. Ms. Heavilin asked whether they needed to remove the condition of approval, and Mr. Breese believed the motion addressed that. Chair Tillman opened the floor to public comment and closed it when no one came forward. The motion passed 7-0. H, Boynton Beach Lofts Site Plan Time Extension Owner: Location: Description: Boynton Beach Lofts (SPTE 06-005) Bradley Miller, Miller Land Planning Consultants, Inc. Addison Properties of South Florida, Inc. 623 S. Federal Highway Request for a one-year time extension for the approved site plan and height exception granted on April 19, 2005, from April 19, 2006 to April 19, 2007. 1. Project: Agent: Ed Breese reported the applicant was requesting a site plan time extension for the mixed use project consisting of 48 condominium units, 13,354 square feet of office space, and 563 sq. ft. of retail space on approximately 1.2 acres. The Commission approved the development order and associated height exception for the elevator shaft on April 19, 2005. Staff recommended approval of the extension. The applicant had given a list of reasons explaining the need for the extension. Bradley Miller, Miller Land Planning Consultants, Inc., appeared representing Addison Properties of South Florida, Inc. The project was moving forward. One of the contingencies on financing was a percentage of presales and the applicant had about 45-50% in presales and 50% was the requirement. This would allow the applicant to continue with the permitting process, payment of impact fees, and so forth. They were confident that would occur and they just needed additional time to make it happen. Ms, Horenburger said most of the approved site plans came back to the board for extensions, since they were only approved for a period of 12 months. In her experience, the site plans were normally granted for 18 months. She hoped the City would consider extending site plan approvals to 18 months. Mr. Breese indicated staff was considering doing just that in the current LDR re-write. There were no other board questions or issues. Chair Tillman opened the floor public comment. 19 0){\ 1':~ k- / . " , '\ · 1 CO', I" ~O\, . .... ," -J;; J.- ~,_,^ - - x~.~ tr , .. -- y , ;"ON 0> VIII.-PUBlIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D April 4, 2006 D April ]8,2006 D May 2, 2006 D May 16, 2006 March 20, 2006 (Noon,) D June 6, 2006 April 3, 2006 (Noon) D June 20, 2006 April 17,2006 (Noon) [8J July 5, 2006 May],2006 (Noon) D July 18,2006 May 15, 2006 (Noon) June 5, 2006 (Noon) June 19,2006 (Noon) July 3, 2006 (Noon) . ~ , ... -.-, --, .-~ D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM [8J Public Hearing [8J Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report .~" J.", ..; " i ;'1 . 'C; RECOMMENDA,TION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Corrnnunity Redevelopment Agency Board, recorrnnended that the subject request be approved on June 13,2006, with the elimination of Condition of Approval #1, due to appropriate satisfaction of the condition. For further details pertaining to the request, see attached Department Memorandum No. 06-085. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (ABAN 06-003) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach, II, LLC Southwest comer ofSE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot utility easement located across lots 14, 15, 16, I7 and 18 of the original Robinson's Addition plat. N/A N/A ~N/A Oovelopmont . ';p,rtm !!!1f ~'- ~~ '" Planning and Zoning Dirdtor City Attorney / Finance / Human Resources S:\PlanningISHAREDlWP\PROJECTSISouthern Homes ofPa]m Beaeh\Coastal Bay ColonylABAN 06-003IAgenda Item Request Coastal Bay Colony ABAN 06-003 7-5-06.dot S:IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM ,DOC PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ ~ City Manager's Signature 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF 10 FOOT WIDE UTILITY EASEMENT, LOCATED ON PROPERTY NEAR THE SOUTHWEST CORNER OF SOUTHEAST 23RD AVENUE AND FEDERAL HIGHWAY, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Southern Homes of Palm Beach, II, LLC, is requesting that the City abandon a 10 foot wide utility easement located across lots 14, 15, 16, 17, and 18 of the original Robinson's Addition plat, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the utility easement no longer serves a public purpose, an.... the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located across lots 14, 15, 16, 17, and 18 of the original Robinson's Addition plat, subject to staff comments. The property being abandoned is more particularly described as follows: The South 10 foot of Lots 14, 15,16,17, and 18, Robinson addition, according to the plat thereof as recorded in Plat Book 23, Page 144, of the Public Records, Palm Beach County, Florida being more particularly described as follows: Beginning at Southwest comer of said lot 14; thence North 00055'37" West along the West line of said lot 14, a distance of 10.00 feet to a line being 10 foot North of and parallel with the South line of S:\CA rdinances\Abandonments\Robinson's Addition.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 said plat; thence North 89004'23" East along said parallel line, 268.00 feet to the East line of said lot 18; thence South 00055'37" East along said East line, 10.00 to the Southeast comer of said lot 18; thence South 89004'23" West along the South line of said plat, 268.00 feet to the point of beginning. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 0.062 acre (2680.00 square feet) more or less. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2006, SECOND, FINAL READING AND PASSAGE THIS _day of 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA dinanceslAbandonments\Robinson's Addition.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the 10 foot alley located between Northeast 5th A venue and Northeast 6th A venue, extending approximately 150 feet west of Northeast 3rd Street, lying adjacent to Lots 68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more particularly described as follows: That portion of a platted 10 foot wide alley shown on the Plat of Arden Park, according to the Plat thereof, recorded in Plat Book 2, Page 96 of the Public Records of Palm Beach County, Florida. Being bounded on the North by the South line of Lots 73, 74, 74A, and 75, bounded on the South by the North line of lots 68, 69 and 72, bounded on the West by the West limits of said Plat of Arden Park and on the east by the West Right- Of-Way line ofNE 3rd Street IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ___ day of ATTEST: ,2006. CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager ST A TE OF FLORIDA )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said orporation. S:\CA\Ordi ces\Abandonrnents\Robinson's Addition.doc WITNESS my hand and official seal in the said State and County this _ day of ,2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdi ceslAbandonmentslRobinson's Addition,doc 1 in. = 154.0 feet _~- ~ . i I Coastal Bay Colony Exhibit A DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 06-085 TO: Chair and Members Community RedeveloRment Agency Board Michael W. Rum~ Planning and Zoning Director Ed Breese t?b) Principal Planner THRU: FROM: DATE: May 24, 2006 SUBJECT: Coastal Bay Colony - Abandonment of a utility easement ABAN 06-003 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on December 30, 2005. The applicant, Carlos J. Ballbe, agent for Southern Homes of Palm Beach II, LLC, is requesting to abandon a ten (10) foot wide utility easement located on the Coastal Bay Colony plat. It is described as follows: The south 10 foot of Lots 14/ 1~ 1~ 17 and 18/ Robinson Addition according to the plat thereof as recorded in Plat Book 23/ Page 144, of the public records/ Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "Bl1 shows the location of the proposed abandonment and its legal description, while Exhibit "c' depicts an enlarged/detailed version of the proposed abandonment. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see Exhibit "A" - Location Map) North: Developed lots within the Coastal Bay Colony PUD, then farther north developed residential property classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); South: Developed lots within the Coastal Bay Colony PUD, then farther south developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C- 3 (Community Commercial); East: Developed commercial property (Sunoco gas station), then farther east right-of-way for Federal Highway, then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) and zoned R-3 (Multi-family Residential); West: Two residential structures zoned Office Professional (C-1), then farther west developed residential property (Kensington) designated High Density Residential (HDR) and zoned IPUD (Infill Planned Unit Development). Page 2 Memorandum No. PZ 06-084 ABAN 06-002 BACKGROUND: Coastal Bay Colony is a Southern Homes project located just south of Golf Road (SE 23rd Avenue), on the west side of South Federal Highway. The Coastal Bay Colony site plan, approved on February 18, 2003 by the City Commission, authorized the construction of 64 fee-simple townhouse units on 4.34 acres. As part of that approval, the applicant proposed to relocate utilities to make better use of the parcel. As a result, a 10-foot wide FP&L utility easement which previously served the homes fronting on SE 23rd Avenue (at the rear of Lots 14-18 in Robinson Addition) became unnecessary with the re-platting of the property and subsequent demolition of these structures. The plat for the PUD was subsequently adopted, with a notation that the easement was to be abandoned. The applicant is now formally requesting the abandonment of this easement that was originally contemplated, ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No response as of this date No objection NjA RECOMMENDATION: Staff recommends that this request to abandon the ten (10) foot wide easement described above be approved, with the condition of approval that the applicant provide a letter of no objection from Florida Public Utilities (FPU), Any conditions recommended by the Community Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Southem Homes\Coastal Bay Colony\ABAN 06-003\Staff Report.doc ... I 1 in. = 154.0 feet r . I , ,I Coastal Bay Colony Exhibit A EXH IBIT B LEGAL DESCRIPTION: THE SOOTH 10 FOOT Of lOTS I~, 15, IG. 17 AND IB, ROBINSON ADDITION, ACCORDINC TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 14.. Of THE PUBLIC RECORDS. PALM BEACH COUNTY. FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOlLOWSz BEGINNING AT SOUTHWEST CORNER OF SAID LOT 141 T~ENCE NORTH OO.SS'37w WEST ALONG THE WEST LINE O~ SAID LOT 14, A DISTANCE OF 10.00 FEET TO A liNE BEING 10 fOOT NORTH OF AND PARALLEL WITH THE SOUTH lINE OF SAID PLATa THENCE NORTH 89.Q4'23w EAST AlONG SAID PARALLEL LINE. 268.00 FEET TO THE EAST LINE OF SAID lOT 18: THENCE SOUTH 00.55'37. EAST ALONG SAID EAST L IHE. 10.00 TO THE SOUTHEAST CORNER OF SAID LOT IBI THENCE SOUTH 89.0~'23. WEST ALONG THE SOUTH LINE OF SAID PLAT, 268.00 FEET TO THE POINT Of BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON 8EACH, PAUl BEACH COUNTY. fLORIDA. CONTAINING 0.062 ACRE (2680.00 SOUARE ~EET) YORE OR LESS. SE 2JRD AVEItIE , I I '. I I -lid ll! It 61'''' 11 I. , S I I I : lG ~ ;f G ~ ... '" II: ~ W ..... TH I S SKETCH , lit ~ NOT TO SCALt: LOCATK)N SKETCH SURVEYOR'S NOTES. I. NOT VAllO 'ITHOUT THE SICNATURE AND THE ORICINAl. RAISE() SEAL OF A FUIUDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SLIMY aaPS OR REPORTS BY OTHER THAN T~E SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONsr,.r OF THE SIGNING PARTY OR PARTIES. 3. lANDS SIIOIN H{R[OH lIERE tIOT ABSTRACTrD FOR RICHTS~OF-'AT. EA$EI9TS, OWNERSHIP. OR OTHER INSTRlJIlENTS OF RECORO. 4. BEARIt.CS SHOl'N HEREON ARE RELATIvE TO AN ASSUItED BORING or NORTH 8~.0-1'23~ WEST AlONG THE SOUTH LINE OF ROBINSON ADDITION, (PLAT BOOK 23. PAGES 144, PALW BEACH COUNTY RECORDS Ir 5. THE LEGAL DESCRIPTION HEREON WAS PREPARED BY THE SURVEYOR. 6. THIS SKETCH IS NOT A BOUNDARY smVEY ~ SUCH. T THE ATTACHED SKETCH OF DESCRIPTIClN OF THE HEREON DESCRIIlED TED TO THE BEST a: MY lNOtl.EI)GE, BELIEF. AtI) INfORMATION AS DIRECTIOtt. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTl~ t.t. TECHNICAL STANDARDS SET FORTH ST THE FLORIDA BOARD tJ: PROFtSSI ~ORS ANI) MAPPERS IN CHAPTER 6IGI7-6. FLORIDA AOUINISlRAlIVE CooE. '. PU to, SECTION H2.027, rURIOA STATUTES, SUBJECT TO THE QUALlFICA- Tl OMS N() E H EoN.' BY, " DONA l. 'T ~.IA. fLORIOA' REGI~TRArION NO. 4380 AT~ANlIC~~JB8EAN WAPPING INC. DATEr 10-10-05 SURVEYOR'S ~E A iLANnC - CARIBBEAN MAPPING1INC. 3070 JO(l ROAO . Cl'l>ttW:RE5. 'l.0IlI0A ))4'T (51i1l9'''-18&4 - FAX fS&1t .'....."9 . E-MAL loCMe"CUNC.Ce SKETCH OF DESCRIPTION, 10' UTlUlY EASEMENT VACAll0N, THE SOUTH 10 'OF LOTS 14,15,16. 17 & 18, ROBINSON ADDITION, (P.B.23. PG.144. P.B.C.R.) LYING IN SECllON 33-45-43, CrN OF BOYNTON BEACH PALM BEACH COUNTY, FlORI>A BY: OA TE: em FlE: 0290SlnllC'M DRAWN: TOI.. 10-20-03 SCAle:. r=40' CHECKEDa Dl T WHO-OS FELOWORK. N' NA PROJECT: - 230290 FIELDBOOK NA .PG. NA SHEET I OF Z REVISION: EXHIBIT C Li- ( - .--, - -,,-"--. ____'~ .._ '__" __. .. -.. - -- - ..----.. -.. -SW-.23Rl1,;WE-NU&-{6eL-F.ROM>>-.._. .--.-. 50' RIW (P.B. 23. PG. J.i4. P .B.c.R,J ~ :J 14 15 16 19 I ~ ...... ~ 17 I 18 UJ I ~ l -' l- V) -.: WoI ~ o 40 ~ I GRAPI-IC SCAL~ I IN reF T 13 .... o .... l- V) ...... .... R -B/NSON ADDITiON (P.Br23, PG. 144, P.B. .R.) -10' url~nY EASEMENT VACATL. 0.062 ~CRE (2.680.00 sOJ1RE fEETn rlO' UTR.ITY E.\SiKTlPoB.2J. PG.144. P.B.C.RJ I o -------~~------~cOO~- - - -= P.o.a: ~ mEFERENCE BEARItO lEGEHlh lOT 18 SW CORtlR 2 lOT 14 UNPlAITED tell: ~~~lfl~ARI88EAN MAPPlfotC INC. COR . CORtf::R La . LICENSED BUSINESS P.O.B. . POINT OF eECINNING P.S.M. , PROFESSIONAl SURVEyOR ANO UAPPER SEe . SECT 10M REVISION: ~~- 5URYEYORS AND WAPP(A$ ATlANTIC - CARIBBEAN MAPPINct INC. 3()TO .JOtJ to.tO . ClIlEDW:RtS... FlOfll)A 3346 I 15611 '6<f-111 - .AX C56.. .....;'--; ~........ .-cu.~.cc SKETCH OF DESCRIP1l0N,10' UTIUTY EASEMENT VACATION, THE SOUTH 10 ' OF lOTS 14, 15, '6, 17 & 18, ROBINSON ADDITION, (P B.23, PG. 144, P .B.C.R.) l YlNG IN SECTION 33-45--43, CllY OF BOYNTON BEACH PALM BEACH COUNTY R.ORIDA BY; DUE: CAD FlE: ~ ORAWN, TDl 10-20-03 SC4LEr 1'=20' CflECKEDr Ol T 10-10-05 FlElDWORKr HA NA PRIU:CT I 230290 FIELDeOOK NA .PG.NA SHEET 2 OF 2 .. .. .......... ~.... ..... '" ..... .............. '" ... " EXHIBIT "D" Conditions of Approval Project name: Coastal Bay Colony File number: ABAN 06-003 Reference: I DEP ARTMENTS !INCLUDE I REJECT ! PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The applicant shall provide a letter of no objection from Florida Public X Utilities (FPU) prior to the City recording the abandonment ordinance in the county records. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\CoastaJ BayColony\ABAN 06-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coastal Bay Colony APPLICANT'S AGENT: Carlos Ballbe APPLICANT'S ADDRESS: 4401 W. Tradewinds Avenue, Suite 201 Lauderdale by the Sea, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006 TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide utility easement located adjacent to Lots 14, 15, 16, 17 and 18, Robinson Addition LOCATION OF PROPERTY: SW Corner of Federal Highway and SE 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida G. Coastal Bay Colony Abandonments June 13, 2006 1. Project: Agent: Owner: Location: Coastal Bay Colony (ABAN 06-002) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach II, LLC Southwest corner of SE 23rd Avenue and Federal Highway Request to abandon a ten (10) foot wide utility easement at the southwest corner of the property. Description: 2. Project: Agent: Owner: Location: Coastal Bay Colony (ABAN 06-003) Carlos J. Ballbe, P.A. Southern Homes of Palm Beach II, LLC Immediately south of SE 23rd Avenue on the west side of Federal Highway Request to abandon a ten (10) foot utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition Plat. Description: Mr, Breese reported Coastal Bay Colony was a townhouse development put together by Southern Homes right across from the Hemingway Square site plan just reviewed. As the applicant went through the process and platted the property, it was noted on the plat these two easements were to be abandoned. At one point, one of the easements had a City utility line that the applicant relocated, at its expense. The other one had an FPL line and when the lots were incorporated into the project, the FPL line was no longer needed. All utilities have been relocated. The staff report indicated they were waiting for a response from Florida Public Utilities, but that had been received so that condition of approval should be removed from the conditions of approval. Staff recommended approval. The applicant was not present. The board had no questions and did not enter into any discussion. Chair Tillman opened the floor to public comment and closed it when no one came forward. Motion Vice Chair Norem moved to approve the request for abandonment of a lO-foot wide utility easement at the southwest corner of the property (ABAN 06-003). Ms. Horenburger seconded the motion. Mr, Breese asked if the motion could have the lone condition of approval removed and Vice Chair Norem and the Ms. Horenburger agreed. The motion passed 7-0, Mr. Breese indicated the previous presentation applied to the second abandonment and staff also recommended approval. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Motion Vice Chair Norem moved to approve the request for abandonment of the ten-foot wide utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition with the staff recommendations. Ms. Horenburger seconded the motion. Ms. Heavilin asked whether they needed to remove the condition of approval, and Mr, Breese believed the motion addressed that. Chair Tillman opened the floor to public comment and closed it when no one came forward. The motion passed 7-0. H. Boynton Beach Lofts Site Plan Time Extension Owner: Location: Description: Boynton Beach Lofts (SPTE 06-005) Bradley Miller, Miller Land Planning Consultants, Inc. Addison Properties of South Florida, Inc. 623 S. Federal Highway Request for a one-year time extension for the approved site plan and height exception granted on April 19, 2005, from April 19, 2006 to April 19, 2007. 1. Project: Agent: Ed Breese reported the applicant was requesting a site plan time extension for the mixed use project consisting of 48 condominium units, 13,354 square feet of office space, and 563 sq. ft. of retail space on approximately 1.2 acres. The Commission approved the development order and associated height exception for the elevator shaft on April 19, 2005. Staff recommended approval of the extension. The applicant had given a list of reasons explaining the need for the extension. Bradley Miller, Miller Land Planning Consultants, Inc., appeared representing Addison Properties of South Florida, Inc. The project was moving forward. One of the contingencies on financing was a percentage of presales and the applicant had about 45-50% in presales and 50% was the requirement. This would allow the applicant to continue with the permitting process, payment of impact fees, and so forth, They were confident that would occur and they just needed additional time to make it happen. Ms. Horenburger said most of the approved site plans came back to the board for extensions, since they were only approved for a period of 12 months. In her experience, the site plans were normally granted for 18 months. She hoped the City would consider extending site plan approvals to 18 months. Mr, Breese indicated staff was considering doing just that in the current LDR re-write. There were no other board questions or issues. Chair Tillman opened the floor public comment. 19 ~~\1'Y 0,::- f ., "\ , \ ~ i ) ~ W', ,,"'"'" 0\ . jU .f-~ '^'. .../.' Y'" ;, 'L... ,.' ,,~- . "ON ,,) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOk..u VIII.-PUBLIC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon,) D June 6, 2006 May 15, 2006 (Noon) D April 1 8, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) D May 16, 2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing ~ Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5, 2006 City Connnission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject request be approved on June 13,2006. For further details pertaining to the request, see attached Department Memorandum No. 06-112. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esquire Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. PROGRAM IMPACT: FISCAL IMPACT: N/A N/A ALnRNA~~ Dekopment epartment 'rector ~ ~~" )()~ r: . / / anmng an nmg trector CIty Attorney Fmance Human Resources S:\Planning\SHARED\WP\PROJECTS\Post Office Seacrest & Boynton\Agenda Item Request US Post Office ABAN 06-007 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF 3 FOOT WIDE UTILITY 6 EASEMENT, LOCATED ON PROPERTY NEAR THE 7 INTERSECTION OF BOYNTON BEACH BOULEVARD 8 AND SEA CREST BOULEVARD, SUBJECT TO STAFF 9 COMMENTS; AUTHORIZING THE CITY MANAGER 10 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 11 RECORDED WITH THIS ORDINANCE IN THE 12 PUBLIC RECORDS OF PALM BEACH COUNTY, 13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, Valley Land Corporation, is requesting that the City abandon a 3 foot wide 17 utility easement located in Block 4 of the Boynton Heights Addition, extending southward from 18 Boynton Beach Boulevard for approximately 131 feet, subject to staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City's Community Redevelopment Agency, and the 22 City Commission on the proposed abandonment; and 23 24 WHEREAS, staff finds that the utility easement no longer serves a public purpose, anu 25 the City Commission adopts that finding. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 abandon a 3 foot wide utility easement located in Block 4 of the Boynton Heights Addition, 35 extending southward from Boynton Beach Boulevard for approximately 131 feet, subject to staff 36 comments. The property being abandoned is more particularly described as follows: 37 38 THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17, 39 TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, 19, 20, 40 AND 21, AND THE NORTHERLY 18 FEET OF LOT 22, BLOCK 4, 41 BOYNTON HEIGHTS ADDITION TO THE TOWN OF BOYNTON 42 BEACH, ACCORDING TO THE PLAT THEREOF, RECORDING IN 43 PLA T BOOK 10, PAGE 64, OF THE PUBLIC RECORDS OF PALM 44 BEACH COUNTY FLORIDA. 45 S:\CA\Ordinances\Abandonments\Post Office Easement.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately uponpassage. FIRST READING this _ day of ,2006, 2006. SECOND, FINAL READING AND PASSAGE THIS _day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:ICAIOrdinances\AbandonmenlsIPosl Office Easemenl.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 3 foot wide utility easement located in Block 4 of the Boynton Heights Addition, extending southward from Boynton Beach Boulevard for approximately 131 feet, subject to staff comments. The property being abandoned is more particularly described as follows: THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17, TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18,19, 20, AND 21, AND THE NORTHERLY 18 FEET OF LOT 22, BLOCK 4, BOYNTON HEIGHTS ADDITION TO THE TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDING IN PLAT BOOK 10, PAGE 64, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of ATTEST: ,2006. CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager ST A TE OF FLORIDA )ss: COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. S:\CA\Ordinances\Abandonments\Post Office Easement.doc I" WITNESS my hand and official seal in the said State and County this _ day of ,2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\OrdinanceslAbandonmentslPost Office Easement.doc V l~q~4x3 z :E ~ en 1- leal 9T6 = 'U! ~ ... DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 06-112 TO: Chair and Members Community Redevelopment Agency Board Michael W. RU~V~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: May 26, 2006 SUBJECT: u.s. Post Office - Abandonment of easement ABAN 06-007 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on April 11, 2006. The agents, Weiner & Aronson, are requesting to abandon a three (3) foot wide easement located on the Post Office property. It is described as follows: The westerly 3 feet of the southerly 13 feet of lot 17 together with the westerly 3 feet of lots 18, 19, 20, and 21 and the northerly 18 feet of lot 22 Block 4, Boynton Heights Addition to Town of Boynton Beach, according to the plat thereof, recorded in Plat Book 10, Page 64, of the public records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B" shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. (see Exhibit "A" - Location Map) North: Right-of-way for Boynton Beach Boulevard, then farther north developed commercial property (First Baptist Church) classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); South: Developed commercial property (Weiner & Aronson Law Offices) classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercia/); East: Right-of-way for Seacrest Boulevard, then farther east developed commercial property (Boynton Beach City Hall) zoned PU (Public Use); and West: Developed parking area for the Post Office, then farther west developed commercial property designated Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial). Page 2 Memorandum No. PZ 06-112 ABAN 06-007 BACKGROUND: The Post Office is located on the southwest corner of the intersection of Boynton Beach Boulevard and Sea crest Boulevard. The Post Office apparently was inadvertently constructed over this north-south, three (3) foot wide easement, without any abandonment. All utilities have been notified and have responded that they do not have any facilities within this easement running under the building. The applicant is now formally requesting the abandonment of this easement as a matter of housekeeping. ANALYSIS: Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection, applicant responsible for any expense. No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the three (3) foot wide easement described above be approved. No conditions of approval are recommended. This recommendation is based on staff's finding that the utility easement serves no public purpose. Any conditions recommended by the Community Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJEcrS\Post Office\ ABAN 06-007\Staff Report,doc ... 1 in. = 93.5 feet ~ en ~ ~ z Exhibit A ~'r'-.'2." <\"', j ~ I ~ \ /,:., \, "". /':';- j '\,,>, ".~~'- ." "l roC) ~- \:', EXHIBIT W"8~ Cf.~. W~_ 2ND A VENUL~~~_____ @ SCALE: 1"=30' 17 VI o q, b=8818'06" R=20.00' L=30.82' N90'OO'OO"W 272.31' - - 18 - - IrB en 3.0' fT) 19 :z :x> ~ - BLOCK 4 ~ C> 5::.! 5::.! ;0 fT) 15 16 TO TOWN OF BOYNTON BEACH en -t PLAT BOOK 10, PAGE 64 OJ 20 Ig I REA=393 SQn. fT) - < c, ""'- p 21 :::0 CJ N90"QO'PO"[ 252 22 (Xl o 0_ S90"OO'00"E 200.00 S90"OO 00 E 95.61 23 LE AL DESCRIPTION: THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17 TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, 19, 20, AND 21, AND THE NORTHERLY 18.00 FEET OF lOT 22 BLOCK 4, BOYNTON HEIGHTS ADDITlON TO TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 64, OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 393 SQUARE FEET SKETCH OF DESCRIPTION (rffi SCAlE: 1"=30' DRAWN BY: STAff CHECKED BY: CAR. DATE: 03/17/2006 THIS IS NOT A SURVEY ) BOYNTON BEACH POST OFFICE FIElD BOOK NO ~/; JOB NO 6007.02 Engineers. Surveyors. Mappers 1201 BEL'/EDERE ROAD, IlEST PAUl SfAOf, FLORIDA JJ.I05 PH (561)655-1151 . FAX (561)8J2-9J90 . WWW.SfRH1NC.COIot V: \Land Projects R2\6007.01\dwg\600702.dwg 3/14/2006 5: 51: 07 PM EST EXHIBIT "e" Conditions of Approval Project name: Post Office - SW Corner of Seacrest Blvd. & Boynton Beach Boulevard File number: ABAN 06-007 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:IPlanningISHARED\WPIPROJECTS\Post Office Seacrest & Boynton\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: U.S. Post Office Easement Abandonment APPLICANT'S AGENT: Weiner & Aronson, P. A. APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Defray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006 TYPE OF RELIEF SOUGHT: Request to abandon a three (3) foot wide easement in Block 4 of the Boynton Heights Addition, extending south from Boynton Beach Boulevard for a distance of 131 feet. LOCATION OF PROPERTY: Southwest corner of Seacrest Blvd. and Boynton Beach Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\Posl Office Seacresl & BoynlonABAN\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 IPUD, incorporating Mr. Myotl's comments, especially in regard to value engineering, and the caveat to hold them to exceeding the landscape requirements. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Vice Chair Norem moved to approve the request for height exception of four feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. Ms. Horenburger seconded the motion that passed 6-1, Mr. DeMarco dissenting. F. Post Office Easement Abandonment Description: Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esq. Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131. 00 feet. 1. Project: Agent: Owner: Location: Ed Breese presented the report on behalf of Planning & Zoning staff. He explained this easement was right across from City Hall. The U.s. Post Office building was constructed over a 3' unused utility easement located at the western boundary of the site. The agents are requesting abandonment of the easement. The public utilities and City departments have no utilities within the subject easement and have no objection to the abandonment of the utility easement. Mr. Breese said that the comment in the staff report about having to wait for a response from Florida Public Utilities could be disregarded since they had now responded. As such, staff recommended approval. The board members expressed support of the project when asked. Jason Mankoff, Weiner & Aronson, was available to answer questions. Chair Tillman opened the floor to the public for comment, and closed it when no one came forward. Motion Vice Chair Norem moved to approve the request to abandon a three-foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. Mr. DeMarco seconded the motion. Ms. Horenburger asked if the deletion of the comment about waiting for a response from Florida Public Utilities could be included in the motion and Vice Chair Norem and Mr. DeMarco agreed. The motion passed 7-0. 17 ! G"'::"~,"" . . " \ L ,,, I,. ';/U , "-", . jf c.... ~" .' /~~ '~,6 ~t-0 y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORt... 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 City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) D April] 8,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) -") "..- -~ -". -1 D May 2, 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) ". . D May 16,2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon) .- D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing ~ Legal ' ~ - --' , D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject request be approved on June 13,2006. For further details pertaining to the request, see attached Department Memorandwn No. 06-122. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Sunshine Square (LUAR 06-016) Ruden McClosky, Bonnie Miskel, Esq., and Kim Glas-Castro, AICP Sunshine Square CRP, LLC Southwest comer of Woolbright Road and South Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and Request to rezone from Community Commercial C-3 to Mixed Use Low (MU-L). Proposed use: Mixed use development PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~/A / ~/ tJ Developme ep nt irec~ ~- ~MI2. Planning and Zonin irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\LUAR 06-016\Agenda Item Request Sunshine Square LUAR 06-016 7-5-06.dot f~ ~C' .(~S' " ""'go<, 'gnatill', S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY SUNSHINE SQUARE CRP, LLC., AND 8 LOCATED AT THE SOUTHWEST CORNER OF 9 WOOLBRIGHT ROAD AND SOUTH FEDERAL 10 HIGHWAY; CHANGING THE LAND USE 11 DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC) TO MIXED USE (MX); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 14 AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 22 WHEREAS, after two (2) public hearings the City Commission acting in its dual 23 capacity as Local Planning Agency and City Commission finds that the amendment 24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 25 the best interest of the inhabitants of said City to amend the aforesaid Element of the 26 Comprehensive Plan as provided. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 30 herein by this reference. S:\CA \Ordinances\Planning\Land Use\Sunshine Square.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located at the southwest 4 comer of the intersection of Federal Highway and Woolbright Road is changed from Local 5 Retail Commercial (LRC) to Mixed Use (MX). 6 7 See Exhibit "A" attached hereto. 8 9 Containing: 14.42 acres more or less. 10 11 Subject to easements, restrictions, reservations, covenants and rights of way of record. 12 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 15 Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 17 Section 5: Should any section or provision of this Ordinance or any portion thereof be 18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 remainder of this Ordinance. 20 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 21 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 22 Land Development Regulation Act. No party shall be vested of any right by virtue of the 23 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 24 including appeals, are exhausted. In the event that the effective date is established by state law or 25 special act, the provisions of state act shall control. 26 27 S:ICA 10rdinances\Planning\Land UselSunshine Square. doc 1 2 3 FIRST READING this _ day of ,2006. 4 SECOND, FINAL READING and PASSAGE this __~ day of ,2006. 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 Jerry Taylor V ice Mayor - Carl McKoy Commissioner -- Robert Ensler Commissioner Mack McCray Commissioner - Muir C. Ferguson S:\CA \Ordinances\Planning\Land Use\Sunshinc Squarcdoc LOCATION MAP Sunshine Square LUAR 06-016 \..-~I , ,> ._, -- t J ~~- r I J ~ 1/ FI; / I f J I T I~ 1 /1F r7i -I ~ ~ IlIP I J1 DIIIllll d I I V / LUIJIIInf7lj; L~ I /7{ m ."[ I '-i I 1 I , r II J j L - I 'j - .--- I " r , SITe 1 ~I b~ I" -=====r z ~ ~QnIDtm ~ llIIDUill] T rr r:= rg: '= ; rrmmmrr I I ,;j!OJf11fJJfJJ L 'J 8~ ([fJ[JJfJJfJJ.) ~I f J-=jOj7 {]jJJJJ . r J / if I L- ~~~ ~ - f/ r- - I I T . ( r -MM.LAR8.~ . [ t[ r I (. -- r ~a ~-- ; u - ~ 11 ( I rh I IlL! JI ~ ~~,,~ I 0" \ .),~- (), / fY.--' ./ f l \ ;\ q i, .' "'. ~\.-- :' ~-;- _'. -1 -.., r -' /-'~ '-~,~- (.~ ~-\\ '-;. I I I t I I t-- - r-- I-- 480 o 960 Feet N A 960 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE. CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF SUNSHINE SQUARE CRP, 6 LLC, AMENDING ORDINANCE 02-013 TO 7 REZONE A PARCEL OF LAND LOCATED AT 8 SOUTHWEST CORNER OF WOOLBRIGHT ROAD 9 AND SOUTH FEDERAL HIGHWAY AS MORE 1 0 FULLY DESCRIBED HEREIN, FROM 11 COMMUNITY COMMERCIAL (C-3) TO MIXED 12 USE LOW (MU-L); PROVIDING FOR CONFLICTS, 13 SEVERABIl.ITY, AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 16 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 1 7 and 18 WHEREAS, Sunshine Square CRP, LLC, has filed a petition to rezoning a parcel of 19 land more particularly described hereinafter; and 20 WHEREAS, the City Commission, following required notice, conducted a public 21 hearing to consider the rezoning and heard testimony and received evidence which the 22 Commission finds supports a rezoning for the property hereinafter described; and 23 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 24 the Land Use described in the City's Comprehensive Plan; and 25 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 26 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated S:ICA 10rdinanceslPlanninglRezoninglRezoning - Sunshine Square.doc 1 herein by this reference. 2 Section 2. The following described land located at Southwest corner of 3 Woolbright Road and South Federal Highway, is hereby rezoned from Community 4 Commercial (C-3) to Mixed Use Low (MU-L): 5 6 All that part of the East 1/2 of the Northeast 1/4, lying West of Dixie 7 Highway (U.S. Highway No. I), LESS the North 40.00 feet, East 150 feet of 8 the South 150 feet of the North 180 feet and the South 1910 feet, Section 33, 9 Township 45 South, Range 43 East, Palm Beach County, Florida. 10 11 TOGETHER WITH: 12 13 The North 125 feet of the South 1910 feet of that part of the East 1/2 of the 14 Northeast 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach 15 County, Florida, lying West of Dixie Highway (U.S. Highway No. 10; 16 1 7 EXCEPTING therefrom the following: 18 19 BEGINNING at the intersection of the North line of said Tract with the West 20 line of Dixie Highway (U.S. Highway No. I); 21 22 thence run West along the North line of said Tract for a distance of 381.54 feet; thence run South a distance of 125 feet to the South line of said Tract: thence run due East along said South line to the West line of Dixie Highway (U.S. Highway No. I); thence run Northerly along said West line to the POINT OF BEGINNING. 23 24 25 26 27 28 29 30 31 32 TOGETHER WITH: That part of Lot I and that part of the North 1/2 of Lot 2, as recorded in Plat Book I, Page 4, of the Public Records of Palm Beach County, Florida, lying East of the Florida East Coast Railroad. S:\CA \Ordinances\PJanningIRezoning\Rezoning - Sunshine Square. doc 1 r, L. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLI...OWS: 3 4 5 Commencing at the Northeast corner of Section 33, Township 45 South, Range 45 East, Palm Beach County, Florida; 6 7 8 9 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along the North line of Section 33, (and the centerline of Woolbright Road), a distance of 418.40 feet to a point on the Northerly extension of the West Right-of- Way line of the 100 foot Right-of-Way of Federal Highway, (State Road No.5); 10 11 12 13 thence with a bearing of South 0 I degrees 02 minutes 15 seconds West, along the West Right-of-Way line of Federal Highway, a distance of 180.01 feet to the POINT OF BEGINNING; 14 15 16 thence continue along the forementioned West Right-of-Way line of Federal Highway with a bearing of South 01 degrees 02 minutes 15 seconds West, a distance of 55.31 feet; 17 18 19 thence with a curve to the right having a radius of 2814.93 feet, a central angle of 3 degrees 53 minutes 47 seconds, an arc length of 191.43 feet and a chord bearing of South 02 degrees 59 minutes 09 seconds West, to a point; 20 21 22 thence with a bearing of South 04 degrees 56 minutes 02 seconds West, a distance of 265.59 feet to a point; 23 24 thence with a bearing of South 89 degrees 21 minutes 47 seconds West, a distance of 365.77 feet to a point; 25 26 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, a distance of 125.00 feet to a pointon the North Right-of-Way of 50.00 foot Right-of-Way ofS.E. 18th Ave.; 27 28 29 thence with a bearing of South 89 degrees 21 minutes 47 seconds West, along S:\CA \Ordinances\Planning\Rezoning\Rezoning - Sunshine Square. doc 1 the North Right-of-Way line of S.E. 18th Ave., a distance of 475.00 feet to a 2 point on the East line of Lot 2, as recorded in Plat Book 1, Page 4, of the 3 Public Records of Palm Beach County, Florida; 4 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, along 5 the East line of Lot 2, a distance of 157.38 feet to the South line of Lot 2; 6 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along 7 the South line of Lot 2, a distance of 99.45 feet to the point on the East Right- 8 of- W ay line of the 100 foot Right-of-Way for the Florida East Coast Railroad; 9 10 thence with a bearing of North 08 degrees 11 minutes 15 seconds East, along 11 the East Right-of-Way line of the Florida East Coast Railroad, a distance of 12 948.77 feet to a point on the South Right-of-Way line of the 80.00 foot Right- 13 of- Way for Woolbright Road, said point lying 40.00 feet South of the North 14 line of Section 33; 15 16 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, along 17 the South Right-of-Way line of Wool bright Road, said line lying 40.00 feet 18 South of and parallel to the North line of Section 33, a distance of685.48 feet 19 to a point; 20 21 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, a 22 distance of 140.00 feet; 23 24 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, a 25 distance of 150.00 feet more or less to the POINT OF BEGINNING. 26 27 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 28 reference. 29 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Sunshine Square.doc .L Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 repealed. 3 Section 5. Should any section or provision of this Ordinance or any portion thereof 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 5 remainder of this Ordinance. 6 Section 6. This ordinance shall become effective immediately upon passage. 7 FIRST READING this _ day of ,2006. 8 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Sunshine Square.doc LU~HI: lunl .W.Hr Sunshine Square LUAR 06-016 I I I JIll I ILJjj ~/ I r \. I I I /~ ~ 'F I f-j r- Jf 1 Rt t-- l- I l.. I III I /1/;; I I -1 I J I I-- ./// I I " I I I SlTR {~ I I I ~~ I J I I U nnmffIY ~ [llllUii L I I /I r:= r~ - I ,==: 1,..- '--- / I 1 ,/1<$/1..'1 . IIJ~ I . ( r I I , l I i r ;2 -=jOj7r:rPm ~ I (. , ! If I I " ~ ~ I - lr - - '0' j / /1 I-- I J 1'Il r- I / I I '-- t:s~ l~~ I. I r--- rw f~ I v/)/ ~ LW' ,J I I I-- I I I, ...-111 II \'0 r 480 o 960 Feet N A 960 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-122 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Hanna Matras Planner ~ Michael W. RumPfW Director of Planning and Zoning THROUGH: DATE: June 1, 2006 PROJECT NAME/NUMBER: Sunshine Square/LUAR 06-016 REQUEST: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) on the Future Land Use Plan, and rezone from Community Commercial (C-3) District to Mixed Use- Low Intensity (MU-L) in order to redevelop the shopping plaza as a mixed use development . PROJECT DESCRIPTION Property Owner: Sunshine Square CRP LLC Sunshine Square CRP LLC/Ruden McClosky-Bonnie Miskel, Esq. and Applicant/Agent: Kimberly Glas-Castro, AICP Location: Southwest corner of the intersection of Federal Highway and Woolbright Road. (Exhibit "Air) Parcel Size: 14.42 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Mixed Use Proposed Zoning: MU-L Mixed Use-Low Intensity Proposed Use: Mixed Use development containing 576 residential units for an overall density of 39.94 dwelling units per acre (du/ac), 150,602 square feet of commercial retail use and 11,050 square feet of office use for a Floor Area Ratio (FAR) of 1.71. Page 2 File Number: LUAR 06-000 Sunshine Square Adjacent Uses: North: South: East: West: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the request for land use amendment and rezoning. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental/ Institutional and zoned PU Public Use. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: Staff recommends approval of the requested land use amendment for transmittal to the Florida Department of Community Affairs and the accompanying rezoning for the following reasons: 1. The future land use amendment is consistent with policies of the City's adopted Comprehensive Plan, particularly the portions of policy 1.16.1 defining the Mixed Use land use category and the implementation of the Boynton Beach 20/20 Primary Target Areas Overlays; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the proposed amendments to the Federal Highwav Corridor Communitv Redevelooment Plan; however, 4. The requested land use amendment and rezoning should only receive final approval if a site plan for the development is approved concurrently, and if proposed changes to the Page 3 File Number: LUAR 06-000 Sunshine Square Federal Highway Corridor Community Redevelopment Plan and the Mixed Use zoning districts have been adopted. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 14.42 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the Florida Department of Community Affairs for their review and comment prior to adoption. Adoption must take place before the end of the 2006 calendar year and is tentatively scheduled for late November or early December of this year. The Federal Highway Corridor Community Redevelopment Plan, as adopted in May 2002, placed the subject property in "Planning Area V", and does not recommend use of the Mixed Use-Low Intensity zoning districts within this planning area; however, staff has recognized that the development node surrounding the intersection of Federal Highway and Woolbright Road is an important area and should be included in "Planning Area IV", which does allow the use of Mixed Use-Low Intensity zoning. Staff is currently preparing amendments to the Redevelopment Plan to include this area in "Planning Area IV" as presented in workshops with both the CRA and the City Commission. In addition, Staff is preparing amendments to the Mixed Use zoning districts that would allow all of the uses, density and intensity proposed in the applicants plan; therefore, the amendment should be considered. It should be noted that this project has been designed in anticipation of the City's establishment of the Mixed Use-Low Intensity 3 zoning district prior to final adoption of this request for land use amendment. The proposed code amendments would divide the current Mixed Use-Low Intensity zoning district into three districts. Each of the proposed districts will have distinct allowable densities, intensities, heights and design controls. The proposed Mixed Use-Low 3 zoning district is identical to the existing Mixed Use-Low Intensity zoning district with respect to residential density, non-residential intensity (FAR) and allowable maximum height. However, the proposed supermarket can only be built at its proposed size under the pending Mixed Use- Low 3 zoning district. It is the intent of both staff and the applicant to transition the zoning request from MU-L to MU-L 3 following completion of draft ordinances and review of the proposed reclassification by the state. Site Plan Analysis According to the Land Development Regulations, "All development and redevelopment (utilizing the Mixed Use Zoning Districts) shall require a site plan approval to be processed concurrently with the application for rezoning." A conceptual site plan was submitted with the original application, which is discussed below; however, it is anticipated that a full site plan will be submitted at an early date so that it can be reviewed in a timely manner against all design objectives and requirements of the Land Development Regulations for the zoning district prior to adoption. The conceptual site plan shows the site divided into four quadrants by a central street running north to south between Woolbright Road and SE 18th Avenue and another running east to west from Federal Highway to a service drive paralleling the FEe railroad right-of-way. The north- south road has an elliptical median containing landscaped areas. Sidewalks front arcaded retail Page 4 File Number: LUAR 06-000 Sunshine Square structures on each side of the street. Retail/office structures front on Woolbright Road, Federal Highway and the east-west internal street. The center of each of the three quadrants contains parking decks. The remaining quadrant, located on the northwest corner of the site, contains a Publix supermarket under a two-level parking deck and topped with a recreation deck on the top level. The northwest, northeast and southeast quadrants all contain residential units above the street-level commercial spaces. The southwest quadrant contains retail along the internal street and residential and live-work units along SE 18th Avenue, as well as residential units on upper levels. According to the conceptual plans, the northeast quadrant (near the intersection of Federal Highway and Woolbright Road) will be the first phase in the development; followed by the northwest quadrant as phase two and the southwest quadrant as phase three. The southeast quadrant will be phase four. No architectural concepts were submitted with the plans, and any real consideration of the site plan should be withheld until the full set of site plans has been formally submitted. It should be understood, however, that final approval of the requested land use amendment and rezoning cannot occur without concurrent approval of the site plan. 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 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, that section of the criterion is not applicable. According to the Comprehensive Plan Future Land Use Element, Objective 1.16.1, "The City shall continue to regulate the use, density, and intensity of land use, by requiring that all land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan". Policy 1.16.1 of the Land Use Element reads under "Mixed Use"the following: "Business, professional, and administrative offices; retail uses, personal services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 40 dwelling units per acre; places of worship, elementary Page 5 File Number: LUAR 06-000 Sunshine Square and high schools, and day-care services; governmental uses and activities; civic organizations and community centers; home occupations. All land development located in the Mixed Use-Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." In the same policy, under ''Boynton Beach 20/20 Primary Target Areas Overlays'; the following language directed initiation and implementation of the Federal Highwav Corridor Community Redevelopment Plan: "The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: . Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; . U.s.1 from north to south city limits, " As stated above, the Federal Highwav Corridor Community Redevelopment Plan is currently being updated to place the subject property within Planning Area IV, which will allow the use of the requested land use designation and zoning category. Approval of the requested land use amendment and rezoning for transmittal to the Department of Community Affairs can take place; however, final approval of the requests should not occur until the changes to the Federal Highwav Corridor Community Redevelopment Plan are adopted by the CRA and City Commission. 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 be a continuation of the Mixed Use land use designation and Mixed Use-Low Intensity zoning already in place on property located immediately north of the subject property across Woolbright Road, and does not constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. Page 6 File Number: LUAR 06-000 Sunshine Square The proposed project replaces an antiquated suburban shopping plaza surrounded by large areas of surface parking, with a development containing commercial and residential uses integrated into an urban setting, which will enhance the importance of the intersection of Federal Highway and Woolbright as an important "node of development" on this portion of the Federal Highway Corridor. In addition, it will support redevelopment of the coastal area in keeping with the "Eastward Ho" initiative, provide commercial service to the barrier island population, which is allowed no commercial land uses per their adopted Comprehensive Plan, and support the downtown development in Boynton Beach. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed mixed use development is compatible with utility systems, roadways, and other public facilities. Traffic analyses presented by the applicant show that if the site were developed to its maximum potential under the existing land use and zoning, the total average daily traffic would be 15,126 trips per day, compared to a maximum potential of 25,913 trips per day under the requested land use and zoning; however, the applicant is proposing a project of an intensity and density far less than the maximum. The proposed project is anticipated to generate only 13,049 trips per day, which would be a potential reduction in maximum average daily traffic of 2,075 trips. Demands for water and sewer capacity will increase on the site due, in large part to the introduction of 576 residential units onto the site. Total demand for potable water is estimated at 254,566 gallons per day; demand for sewer capacity is estimated at 211,942 gallons per day. The project is located in Concurrency Service Area (CSA) 19 for determining public school concurrency. There is no High School located within the CSA; however, the total Middle School enrollment as of July 2005, was at 76% of facility capacity and total Elementary School enrollment was at 74% of capacity. High Schools in the two abutting CSAs are at 87% of capacity in CSA 17 and 79% of capacity in CSA 20 as of July 2005. The Palm Beach County Solid Waste Authority has determined that sufficient disposal capacity exists for the 10-year planning period. Lastly, drainage will be reviewed in detail as part of site plan review, 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 the current and future use of adjacent and nearby properties and is anticipated to have a positive affect on the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Page 7 File Number: LUAR 06-000 Sunshine Square The subject property is the site of an existing but antiquated shopping plaza, which could continue to operate in its present state; however, without major renovations its continuing viability is questionable. The project proposed as a replacement will integrate residential and commercial uses, provide structured parking, and include inviting pedestrian-friendly areas, which should increase the economic viability 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 subject rezoning and subsequent use of the property would represent a positive contribution to both the neighborhood and the city. The provision of residential units in close proximity to neighborhood retail will serve to internalize trips that would otherwise require travel off the site for essential shopping. The redevelopment also retains the Publix supermarket in the area, and provides a pedestrian-friendly area in place of the sea of parking currently found on the site. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. The mixed use zoning districts are unique in that they are only placed on the zoning map when a site plan is approved concurrent with the rezoning; therefore, there are no available sites elsewhere in the city where the use is already allowed. In addition, there are a limited number of areas eligible for rezoning to either the MU-L3 Mixed Use-Low Intensity or C-3 Community Commercial districts that equal the size of this property, and where significant development can take place. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and with the proposed changes to the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; and therefore, 4. That the land use amendment and rezoning be approved for transmittal to the Florida Department of Community Affairs for their review and comment; however, 5. Following the DCA's review, final adoption of the land use amendment and rezoning should only be approved if a site plan for the development is approved concurrently, and if proposed changes to the Federal Highway Corridor Community Redevelopment Plan and the Mixed Use zoning districts have been adopted. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\LUAR 06-016\Staff report Sunshine Square LUAR 06-016 revised. doc T I II H 1 I T I II L,I ___iH-tlt. iD--j I _ ~.Jd ~ I I ^ffiffiU11Jl1J ;,/1 iff[ flXlJ ///e{~~ ~ I II ;--S1Q; T fIfI1I1 ~ I -!il j -If I I I ~LJEm ~~ f ~ ~LdBE ~ v Lmf",t- If ~ f-----j I ~ U f I LOCATION MAP Sunshine Square LUAR 06-016 III I H!f- -1/1 ~ 1~1/P I ~ - ~ "'- r-- I I ~n , ,,/JI~~ ~~o r :[ I t= r--_ '-- DIDTm tJ F UJIIJJJ17~. ~ !j- b- 7 . ,~.~rJ:), '.). , . \ '- . ,. "'-.~ "Ol\, '" 960 480 J// I " -. SITE ~ .;'; .h' U I )- f-- i--- I I T I I I I I r t- o I I I J\ 11 = :r= I l~ ~amnillY ~ UIID1]~ III t= ((p ~(~L -MALUUUH~R 1 ( J :r ( iL I~ f=:: J ! I-- 1 ~. RotHAHtR- Or; '-- r-- t--- 960 Feet N A Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Horenburger asked with eminent domain gone, what expectation could they have for these kinds of properties to turn over if the property owners did not want them to. Mr. Hudson said they had not seen eminent domain used in any of the categories. Ms. Horenburger was curious because there was a single-family neighborhood to the north of this. This was a neighborhood where younger people were moving in and she wondered what impact a mixed use development would have on that single family neighborhood. Mr. Hudson did not think this would affect them any more than the changes they were proposing on Boynton Beach Boulevard. He acknowledged the property was very narrow, saying there would be a lesser height jmmediately adjacent to the single family homes. Mr. Sims asked if there were similar plans for any other areas in the CRA and Mr. Hudson indicated there were no plans at the moment. Chair Tillman asked if the Corridor Study would include information showing the impact of development to the west of the Florida East Coast Railroad tracks. Mr. Hudson mentioned the revisions to the Federal Highway Corridor Plan would give consideration to this. Motion Ms. Heavilin moved to approve the request to amend the Future Land Use Element policies 1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan as presented by staff. Vice Chair Norem seconded the motion. Chair Tillman opened the floor for public comment. Flynn Holland, resident of Boynton Beach, knew Woolbright was not in the CRA area, but she had yet to see a traffic study for any of the development going on. She had not found information on any traffic study. She asked how they could develop Woolbright Road without taking the big development at Woolbright and Federal Highway into account. Mr. Hudson responded each development that came in was required to present the City with a traffic study, which could be accessed in the files of the Planning and Zoning Department. She mentioned there was no way for the kids from the Single-family residential area across the street from Little League Park to get across Woolbright safely. Hearing no further requests to speak, Chair Tillman closed the floor for public comment. The motion passed 7-0. B. Sunshine Square Land Use Amendment/Rezoning Descri ption: Sunshine Square (LUAR 06-016) Ruden Mcclosky, Bonnie Miskel, Esq., and Kim Glas-Castro, AICP Sunshine Square CRP, LLC Southwest corner of Woolbright Road and South Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and 1. Project: Agent: Owner: Location: 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Proposed Use: Request to rezone from Community Commercial C-3 to Mixed Use Low (MU-L). Mixed use development Mr. Dick Hudson spoke on behalf of Planning & Zoning Department staff. He declared this was a large scale amendment to the Comprehensive Plan to allow a mixed use development containing 57 residential units for an overall density of 39.94 dwelling units per acre (dujac), 150,602 square feet of commercial retail use and 11,050 square feet of office use for a Floor Area Ratio (FAR) of 1.71 in the area now known as Sunshine Square Shopping Center at the corner of Woolbright Road and Federal Highway. The Valero gas station was not included in the amendment. Staff recommended approval of the requested land use amendment for transmittal to the Florida Department of Community Affairs. Staff declared the changes were consistent with the policies of the City's adopted Comprehensive Plan, particularly the portions of policy 1.16.1 defining the Mixed Use land use category and the implementation of the Boynton Beach 20/20 Primary Target Area Overlays. The requested land use amendment and rezoning met or exceeded the criteria for review, as required in the Land Development Regulations. The proposed redevelopment plan is consistent with the proposed amendments to the, but should only receive final approval if a Federal Highway Corridor Community Redevelopment Plan site plan for the development is approved concurrently, and if proposed changes to the Federal Highway Community Redevelopment Plan and the Mixed Use zoning districts are adopted. Mr. Hudson gave a condensed report on the conceptual site plan provided by the developer. The full site plan would come back before the board and had to be approved before these changes were finally adopted. Bonnie Miskel, Esq., of Ruden McClosky, spoke on behalf of the applicant, Sunshine Square CRP, LLC. The applicant wanted to redevelop the site as soon as possible. The existing Sunshine Square was not well planned to take growth into consideration. There were several long-term tenants with leases and the site plan was geared to accommodate them, including Publix. It was hoped the improvements would help to generate more profits for the lessees. Mike Hammond, Managing Partner with RAM Development, a Florida developer, gave a brief overview presentation about RAM Development. Mr. Hammond explained they did a lot of mixed use developments in Florida and gave examples of ones that might be familiar to the audience. One was Midtown, which was on PGA Boulevard between the Turnpike and 1-95, a truly mixed use project, with 225 condominiums, a 500-seat cultural center and church, and about lOOK sq. ft. of retail including restaurants - no big boxes. They also completed Pineapple Grove Village in downtown Delray Beach in the CRA area. They own and manage luxury rental apartments in Florida, Michigan, and North Carolina. Hugo Pacanins, Development Manager for RAM Development, showed some slides that gave an overview of the project. The proposed project included 576 residential units for a density of about 40 dujacre. It also included 11K sq. ft. of office space and 150K sq. ft. of retail space, including the new Publix space. They planned to relocate the traffic signal currently close to the railroad tracks to half-way between Federal Highway and the railroad tracks. There would be ground floor retail with residential on top, and the project would be phased to accommodate existing tenants. Tenants would be moved to new retail space as it became available to avoid 6 Meeting Minutes Community Redevelopment Agency ~oynton Beach, Florida June 13, 2006 disruption of their businesses. Phase 1 would be on the east side of the property and construction could begin September 2007 if approvals were received by the end of this year. The second phase was the creation of a new Publix because the existing Publix wanted to stay in operation during construction. They had created a demolition schedule for the project. Bonnie Miskel declared if the board recommended approval to the City Commission and the City Commission approved as well, the amendments would go to the DCA. The applicant was working with City staff on the site plan requirements and would bring a full site plan presentation before the board for comments and questions at that time. Ms. Horenburger indicated she was a frequent shopper at Sunshine Square and wanted assurance that the Boynton Diner and the Music Center, both integral parts of the community, would be allowed to stay. Ms. Miskel responded some tenants with long-term leases were staying and others had been bought out. They would be accommodating the ones that wished to stay. Mr. DeMarco asked what would happen to the gas station. Ms. Miskel commented they had declined on the price offered, but could come in later if they wished. Mr. DeMarco asked how many stories would be involved, and Ms. Miskel responded, seven stories and 80 feet. Mr. DeMarco asked what kind of parking they would have. Ms, Miskel responded the majority of the parking was structured parking, but there would be some driveway parking on the street. This would be presented at a later date in depth. Mr. Myott felt it was only a matter of time before commuter rail was on the FEC tracks. He encouraged the Commission and DCA to look for inclusion of a rail transportation node on this site. While he did support the rezoning to mixed use, all parking would need to be compliant with the residents and the businesses and have convenient parking for the retail to succeed. He also encouraged working towards incorporating the gas station into the site and making it a more attractive gas station that could somehow represent the fest of the project. Ms. Heavilin was pleased they were finally establishing Woolbright and Federal Highway as one of the city's major intersections or mixed use nodes. Mr. Sims hoped other developments would keep to the standards in the proposed project. It seemed they planned to maintain some of the existing culture. He was a frequent shopper at that mall as well. Chair Tillman opened the floor to comment from the public. Rod Silverio, resident of Boynton Beach commended RAM for suggesting phases for the proposed development, since many of the bigger developments had stood empty and blighted for a long time. He also commended them for accommodating the existing businesses who wished to stay. This was a main corridor for the City and the residents wanted to look at something nice while development was going on. He hoped the developer would keep the phased approach. Betty Patterson, owner of a small strip of land on the south side of Woolbright, said she had lived in the area since 1947. They developed their little plaza and kept it up well. She was worried about the additional apartments, but understood about the stores. Ms. Patterson 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 emphasized there were so many apartments and condos in Boynton Beach now, wherever she went. She cautioned that the water could become scarce and this should be taken into consideration. Also, at one time the City had tried to have buildings that were lower in height and now the City had gone out of sight with building heights. She spoke of the results of overdevelopment, saying the home of wild things like alligators had been usurped by development and the alligators were forced to come onto residential properties, where they had killed people. This never happened before all the development started. She agreed with a need to beautify, but asked the City and the board to think about what it was doing in terms of development, and consider that it might really be too much. Flynn Holland asked if all the residential was for sale and the response was affirmative. She anticipated this project would bring another 1,000 people to Boynton Beach and questioned where they would park at the beach. Boynton had been a small beach community and now they were putting in thousands of people and changing the landscape of the residential areas. She expressed concern the City was putting thousands of people in an area that was in a known flood zone. There were accidents on Golf Road, Boynton Beach Boulevard, and Seacrest Boulevard all the time. Traffic was intense. She did not think the streets could take this amount of development. She asked what happened to the sewer plan? She asked if they were moving faster than the infrastructure plan. She asked to have answers to her questions. Hearing no other people wishing to speak, Chair Tillman closed the floor to public comment. Vice Chair Norem mentioned that in their staff summary reports, this plan showed a potential reduction of 2,000 trips from the current trip count for the property. Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and the request to rezone from Community Commercial C-3 to Mixed Use Low Density (MU-L) in order to redevelop the shopping plaza as a mixed use development. The mixed use development would contain 576 residential units for an overall density of 39.94 dujacre, 150,602 sq. ft. of commercial retail use, and 11,050 sq. ft. of office space for a Floor Area Ratio of 1.71, subject to all comments in the Executive Summary Review and Analysis. Vice Chair Norem seconded the motion. Ms. Heaviln asked if it was appropriate to include the specifics for the project instead of the land use. Mr. Hudson indicated DCA would not see the rezoning at all. They only cared about the Future Land Use amendment. They went hand-in-hand, though, because the City believed a land use amendment had to have a companion rezoning. The motion passed 7-0. C. Inlet Cove Association (INCA) Land Use Amendment/Rezoning 1. Project: Inlet Cove Association (INCA) (LUAR 06-019) City of Boynton Beach North Federal Highway and the Intracoastal Agent: Location: 8 !C.\1' ~~?' ,,, .~ \ ' (; 1 oJ-\~> ./!:: " ~, v '-", CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\rl VIII.-PUBLIC HEARING ITEM F. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon) D April 18, 2006 April 3,2006 0Noon) D June 20, 2006 June 5. 2006 (Noon) D May 2.2006 April 17,2006 0Noon) ~ July 5, 2006 June 19,2006 (Noon) ----,.~ -- D May 16, 2006 May 1,2006 (Noon) D July 18,2006 July 3.2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-078. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (SPTE 06-005) Bradley Miller, Miller Land Planning Consultants, Inc. Addison Properties of South Florida, Inc. 623 S. Federal Highway Request for a one-year time extension for the approved site plan and height exception granted on April 19, 2005, from April 19, 2006 to April 19,2007. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D~D{W' ~ ~'mre ?~ng ""d Zo~rr::;- City Attorney / Fin""ce / Homan Re,,,,,,c,, S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE\Agenda Item Request Boynton Beach Lofts (SPTE 06-005) 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-078 FROM: Chair and Members Community Redevelopment Agency Board Michael Rum~~(L, Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: May 17, 2006 PROJECT: Boynton Beach Lofts / SPTE 06-005 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1. 21-acres. Acreage: 1.21-acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and Right-of-way for Southeast 4th Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). West: Page 2 Memorandum No. PZ 06-078 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (l)-year time extension for the Boynton Beach Lofts Site Plan and Height Exception Development Orders (NWSP 05-008) (HTEX 05-001) which were approved by the City Commission on April 19, 2005. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved/ the expiration date of this site plan/ including concurrency certification would be extended to April 19, 2007. According to the original site plan staff report, Boynton Beach Lofts was approved to include a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres, at 623 South Federal Highway. The height exception request was for three (3) feet-two (2) inches above the maximum height of 75 feet in the Mixed Use - Low (MU-L). This approval allowed the top of the stairwell to be designed at 78 feet - two (2) inches in height. ANALYSIS According to Chapter 4/ Section 5 of the Land Development Regulations/ "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing/ electrical/ mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions/ provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request April 7, 2006/ approximately two (2) weeks prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Miller indicates that they are nearly complete with the architectural and engineering drawings and that they have performed the demolition and site clearing/ made financing arrangements and began pre-sales. However/ in order to complete some of the financing obligations that would allow him to proceed forward/ a certain percentage of pre-sales is required. The project has now reached 45% pre-sale of units, financing has been granted, and they are anticipating submission of plans for permitting in approximately one (1) month. Lastly, the agent's letter indicates that the ramifications of the hurricane stalled this project, as well as others in which the applicant is involved. As such, they are requesting a one (1) year time extension to gain the necessary permits and begin construction. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits are to be issued by the City for this project after the 2008 build-out date. Since the applicant has what would appear to be adequate time left on his traffic concurrency, nothing further in this regard is needed at this time. As for utilities, records indicate the utility reservation fee has been paid/ therefore no further action is required. The site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly/ no new land development regulations are now in place against which the project should be reviewed and modified. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-008) and height exception (HTEX 05-001). If these requests for extension were approved, the expiration date of both applications/ including concurrency certification would be extended to April 19, 2007, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\ WP\PROJECTS\Boynton lofts\SPTE 06-00S\Staff Report.doc .. 1 in. = 77.0 feet - - 17' \ ,; "'-\'" JC. ; I)1\..< i , I ~ ----I LL I en Boynton Lofts Exhibit A MILLER LAND PLANNING CONSULTANTS, INC. EXHIBIT 8 420 W. Boynton Beach Boulevard Suite #201 Boynton Beach, Florida 33435 PHONE . 561/736-8838 FAX . 561/736~79 April 4, 2006 Michael Rumpf. Director PLANNING & ZONING DEPARTMENT CITY OF BOYNTON BEACH 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: Boynton Beach Lofts Site Plan & Height Exception File No: NWSP 05-000, HTEX 05-001 Dear Mike, This letter is to request an extension to the site plan and height exception referenced project that was approved on April19fh, 2005. Since the approval, our Client has continued to work on the project but has not yet obtained a building permit. The work that has been done includes demolition and clearing of the site, preparation of construction drawings, arrangement of financing, and pre sales. In order to complete some of the financing obligations that would allow him to proceed forward he needed a certain percentage of pre sales. He now has around 45% pre sales. financing has been granted and he anticipates submitting for permits in apprOximately one month. In addition, he was stalled by some of the ramifications of the hurricane for this site as well as others that he is involved in. Accordingly, we respectfully request a one year extension to the site plan so we can complete the permit process and proceed forward with this project. Attached is the $400 application fee. Should you need any additional information, please call. Also, please keep us notified of the procedural dates related to this request for the extension. We appreciate your consideration of this requested extension. Sincerely, ill(~ \D~-lill IOEPARTMENT OF OEVELOPMEN: MILLER LAND PLANNING CONSULTANTS, INC. B~ D.M v\k-- Bradley D. Miller, AICP President cc: James Seifert M:\M l P C\PROJEClS\Boynfon Beach loffs\SP Extension M.Rumpf0.40406.wpd EXHIBIT "C" Conditions of Approval Project name: Boynton Lofts File number: SPTE 06-005 Reference: I DEP ARTMENTS IINCL1JDE ! 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: l. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\PJanning\SHARED\ WP\PROJECTS\Boynton Lofts\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lofts APPLICANT'S AGENT: Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006 TYPE OF RELIEF SOUGHT: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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\PROJ ECTS\Boynton Lofts\SPTE\DO .doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Motion Vice Chair Norem moved to approve the request for abandonment of the ten-foot wide utility easement located across lots 14, 15, 16, 17 and 18 of the original Robinson's Addition with the staff recommendations. Ms. Horenburger seconded the motion. Ms. Heavilin asked whether they needed to remove the condition of approval, and Mr. Breese believed the motion addressed that. Chair Tillman opened the floor to public comment and closed it when no one came forward. The motion passed 7-0. H. Bovnton Beach Lofts Site Plan Time Extension 1. Project: Agent: Boynton Beach Lofts (SPTE 06-005) Bradley Miller, Miller Land Planning Consultants, Inc. Addison Properties of South Florida, Inc. 623 S. Federal Highway Request for a one-year time extension for the approved site plan and height exception granted on April 19, 2005, from April 19, 2006 to April 19, 2007. Owner: Location: Description: Ed Breese reported the applicant was requesting a site plan time extension for the mixed use project consisting of 48 condominium units, 13,354 square feet of office space, and 563 sq. ft. of retail space on approximately 1.2 acres. The Commission approved the development order and associated height exception for the elevator shaft on April 19, 2005. Staff recommended approval of the extension. The applicant had given a list of reasons explaining the need for the extension. Bradley Miller, Miller Land Planning Consultants, Inc., appeared representing Addison Properties of South Florida, Inc. The project was moving forward. One of the contingencies on financing was a percentage of presales and the applicant had about 45-50% in presales and 50% was the requirement. This would allow the applicant to continue with the permitting process, payment of impact fees, and so forth. They were confident that would occur and they just needed additional time to make it happen. Ms. Horenburger said most of the approved site plans came back to the board for extensions, since they were only approved for a period of 12 months. In her experience, the site plans were normally granted for 18 months. She hoped the City would consider extending site plan approvals to 18 months. Mr. Breese indicated staff was considering doing just that in the current LDR re-write. There were no other board questions or issues. Chair Tillman opened the floor public comment. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Flynn Holland, local resident, commented that she lived near the proposed project. She was concerned about the parking at the proposed site. A friend went to look at it and said there was not enough parking spaces for patients and staff. She wanted to protest that the project, as it stood, was not viable in its location so close to residential. She wanted to see how this project fit with the residential plan of the area. People will have to come out on the back road or S.E. 5th, which is a residential street with problems already. Dom Desiderio, local business owner, owner of Atrium Place on South Federal Highway, declared he supported all the projects. The problem businesses were having on Federal Highway was that all they had was empty condos and empty lots. The projects had to be pushed along. The merchants needed the business. The hurricanes had caused enough problems and all of this had hurt business. They needed some help. Rod Silverio, local resident, echoed Mr. Desiderio's comments. He also observed all the empty lots and as much as this project would improve the area, it had never been fenced. All the projects he had seen were fenced and kept nice. For a time, this motel area was piled high with rubble. The City had to force developers to do demolition to maintain their empty lots. The lumberyard stood empty for a very long time. He agreed with the extension but asked the developer to do something about the appearance of the property also. He asked the City require all developers to keep their lots looking good while going through the building process. Bradley Miller responded to the comments about parking, noting the parking had been reviewed by the City and found to be adequate. This was a hearing for an extension of the site plan approval only. Mr. Myott asked Mr. Breese what the standard or rules were for the maintenance of vacant building sites. He agreed there were many of them and they varied in their appearance. Ms. Bright had reviewed the City Commission's draft agenda, and they were creating a plan for demolition and site protection activities to be issued as an ordinance. The ordinance would have specific times for demolition and specific strategies for site protection. Mr. Myott asked the applicant if he would conform to the new ordinance regarding the protection and maintenance of the site. Mr. Miller would have to review the ordinance before making a commitment. He realized that early on, there some issues about the demolition and when contacted, his client took care of it immediately. They would do whatever they could do to keep the site in good order. Ms. Heavilin pointed out in the meantime, the hurricane season had begun. Were there any special provisions to address the issue of loose debris. Mr. Breese responded whenever there was a storm alert, the building and code inspectors drove around the City and notified the developers, contractors, and others to reduce the potential of flying debris. Ms. Bright indicated Jeff Livergood had spoken of debris control for hurricanes and they were doing an extra pickup. There was also a special initiative in the Heart of Boynton where they were cleaning not only their own CRA lots, but were willing to pick up anything in conjunction with protection during hurricane season. Ms. Horenburger asked if Code Enforcement had observed the Fairfield Apartments just north of the Hemingway Square project, where there was wet, ugly furniture outside. She felt this should be corrected. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Motion Ms. Heavilin moved to approve a one-year time extension for the approved site plan and height exception granted on April 19, 2005, from April 19, 2006 to April 19, 2007 for Boynton Beach Lofts. Vice Chair Norem seconded the motion that passed 7-0. As the time was 9:00 p.m., Vice Chair Norem raised the issue of whether or not the Lamar Realty presentation would be made. It was determined earlier that Mr. Finkelstein would have to be called 45 minutes ahead of any presentation. A discussion ensued about whether to hear the two presentations under New Business from InTown and Lamar Realty and possibly a third party interested in the Heart of Boynton but not on the agenda, Pinnacle Housing Group. Procedurally, it was determined that Pinnacle was not on the agenda and that only the noticed agenda items should be heard at this meeting. Since Attorney Spillias had given the board members a memorandum with options pertaining to the CRA Redevelopment Requirements for the Acquisition and Disposition of Real Property, some thought that should be presented first, especially since one of the options was to go out for Request for Proposals. Attorney Spillias commented that normally, agendas were reordered at the beginning of a meeting and that presenters had a right to depend on the agenda as agreed upon. Adding the Pinnacle item to the agenda at this point would not be appropriate; however, if the board wished to do so, a special meeting could be set up, noticed and advertised where it could hear all three developer presentations pertaining to the Heart of Boynton. Ms. Miskel, representing InTown Development Group, declared if the Board Attorney's memorandum led the board to decide to go through the RFP process, they would refrain from presentation until such time as the RFP was brought before the board. In the event the board chose to proceed without an RFP, they were prepared to present. She requested the board consider the actions outlined in the Attorney's memorandum, since their decision could make discussions moot at this time, depending on their chosen action. Mr. Sims was in favor of hearing from InTown and Lamar Realty at this meeting, regardless of the lateness of the hour and doing what it had to do to get Pinnacle on the agenda at another meeting. Mr. Myott was concerned that if they deferred the two developer presentations, they would go to the City Commission and the CRA would lose its opportunity to review and comment. Ms. Bright indicated she would not know that until the pre-agenda meeting to be held on June 16. Attorney Spillias stated he had now heard twice that his memorandum called for going through the RFP process and that was not what the memorandum said. He was ready to explain the options contained in his memorandum when the board was ready. The consensus of the Board was to hear Attorney Spillias' explanation of the options contained in his memorandum before making a decision about the presentations from InTown and Lamar Realty. Attorney Spillias indicated the board should consider the agenda items as listed on the agenda, before discussion of his memo, which should be done just before the developer presentations. 21 _r~.\"f y~.?,~ .. .. . ~~ . / ' \ , i wo;:,,,>; ..,.' {~5' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORnI VIII.-PUBLIC HEARING ITEM G. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon,) D June 6, 2006 May 15,2006 (Noon) D April IS, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April 17 ,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) D May 16,2006 May I, 2006 (Noon) D July IS, 2006 July 3, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-119. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Inlet Cove Association (INCA) (LUAR 06-019) City of Boynton Beach North Federal Highway and the Intracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and North East 6th Court Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential. Proposed use: No change PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dmlopm'~ PI 2-L,.~~ C A IF I annmg an omn rrector lty ttorney mance Human Resources S:\Planning\SHARED\ WP\PROJECTS\INCA \Agenda Item Request IIet Cove Assoc (INCA) LUAR 06-019 7-5-06.dot Ch0 ~. City Manager's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR TWO (2) 7 PARCELS OF PROPERTY; PARCEL ONE IS 8 BOUNDED BY THE C-16 CANAL ON THE NORTH, 9 MARINER'S WAY ON THE SOUTH, WEST ROAD ON 10 THE WEST, AND THE INTRACOASTAL WATERWAY 11 ON THE EAST; PARCEL TWO IS BOUNDED BY 12 MARTIN LUTHER KING, JR., BOULEVARD ON THE 13 NORTH, NORTHEAST 6TH COURT ON THE SOUTH, 14 THE INTRACOASTAL WATERWAY ON THE EAST, 15 AND ALLEY EAST OF AND PARALLEL TO US 16 HIGHWAY 1 ON THE WEST; CHANGING THE LAND 17 USE DESIGNATION FROM MIXED USE TO LOW 18 DENSITY RESIDENTIAL; PROVIDING FOR 19 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 20 DATE. 21 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 23 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 24 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 25 Comprehensive Planning Act; and 26 WHEREAS, the procedure for amendment of a Future Land Use Element of a 27 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 28 WHEREAS, after two (2) public hearings the City Commission acting in its dual 29 capacity as Local Planning Agency and City Commission finds that the amendment 30 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 31 the best interest of the inhabitants of said City to amend the aforesaid Element of the 32 Comprehensive Plan as provided. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE S:\CA\Ordinances\Planning\Land Use\Inlet Cove Association.doc 1 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 3 herein by this reference. 4 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 5 following: 6 That the Future Land Use ofthe following described properties, referred to as North 7 Parcel and South Parcel, shall be changed from Mixed Use to Low Density Residential; 8 9 See Exhibit "A" attached hereto. 10 11 Containing: 8.25 acres for the North Parcel and 26.70 acres for the 12 South Parcel. 13 14 Subject to easements, restrictions, reservations, covenants and rights of way of record. 15 16 1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 18 Future Land Use Plan shall be amended accordingly. 19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 20 Section 5: Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 25 Land Development Regulation Act. No party shall be vested of any right by virtue of the 26 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 27 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA\Ordinances\Planning\Land Use\Inlet Cove Association.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this _ day of _ ,2006. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 4 CITY OF BOYNTON BEACH, FLORlDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 Mayor - Jerry Taylor Vice Mayor -- Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA\Ordinances\Planning\Land Use\Inlet Cove Association.doc ~ LOCATION MAP INCA Land Use Amendment CXnlDIt --.1-\- <~ ~: .'; ~ -;' o , 400 200 o N ~~M A DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-119 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Economic Planner Michael W. Rum"}~ Director of Planning and Zoning THROUGH: DATE: May 30, 2006 Project NameINumber: fulet Cove Association (INCA)! Future Land Use Map Amendment (LUAR 06-019) Request: To reclassify various properties from Mixed Use to Low Density Residential. PROJECT DESCRIPTION Applicant! Agent: City of Boynton Beach Location: Between North Federal Highway and the futracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and NE 6th Court (Exhibit "A"). Property Size: Various properties totaling approximately 35.12 acres (the northern and southern portions are 8.52 acres and 26.70 acres, respectively) Existing Land Use: Mixed Use Proposed Use Low Density Residential Existing Zoning: The northern portion: R1AA Single-Family Residential; the southern portion: RIA Single-Family Residential (No change proposed to existing zoning). Proposed Use: No change proposed to existing single-family neighborhoods. Adjacent Land Uses and Zoning: North: For the northern portion: right-of-way of C-16 canal, then developed properties designated Low Density Residential and zoned R1AA Single-Family Residential; for the southern portion: right-of-way of the Martin Luther King Jr. Boulevard, then developed properties Page 2 INCA Land Use Amendment File Number: LUAR 06-019 designated Mixed Use and zoned R-3, Multi-family Residential. South For the northern portion: right-of-way of Mariners Way, then developed properties designated Mixed Use and zoned R-3, Multi-family Residential. For the southern portion: developed properties designated Mixed Use and zoned R-3 Multi-Family Residential. East: Intracoastal Waterway West: Developed properties designated General Commercial and zoned C-4, General Commercial (except one property east of the southern portion which is designated Mixed Use and zoned Mixed Use-Low. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The future land use amendment is consistent with the intent of the City's Comprehensive Plan; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the visions of the Federal Highway Corridor Community Redevelopment Plan and with the recommendation of the proposed amendment to the Plan. BACKGROUND In November of 1989 the City adopted its Comprehensive Plan. Section vrn of the support documents of the Comprehensive Plan, "Land Problems and Opportunities", was initially incorporated by reference into the Goals, Objectives and Policies of the Plan, and regulated the use, intensity and other characteristics for the development of nine (9) specific planning areas within the city (the plan was subsequently amended to recognize the recommendations of Section vrn as advisory only). The subject area, a portion of the Inlet Cove (INCA) neighborhood, is located in Area 1.k. as defined in the Land Use Problems and Opportunities. The section recommends that "those portions of Area 1.k. that are currently in the Low Density and High Density Residential land use categories be placed in the Mixed Use land category". The basis of this recommendation was the analysis indicating that the area was suitable for more intensive uses because of its proximity to the Central Business District, poor condition of many of the single-family homes, low quality of the commercial uses fronting US 1 and that the large amount of vacant land between N.E. 7th Avenue and N.E. 10th A venue. The recommendation was implemented concurrently with the major rewrite and adoption of the Comprehensive Plan. Page 3 INCA Land Use Amendment File Number: LUAR 06-019 PROJECT ANALYSIS Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Following local board review and a 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 second round of amendments for the 2006 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 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 properly, in order to comply with policies contained in the Comprehensive Plan. Policy 1.9.5 of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifYing design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: . Martin Luther King Boulevard from Sea crest Boulevard to U. S. 1; . U.S.] from north to south city limits, Page 4 INCA Land Use Amendment File Number: LUAR 06-019 · Boynton Beach Boulevardfrom US.i to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Golf Road between Us. i and Seacrest Boulevard. The subject properties are located in the second Primary Target Area (U.S. 1 from north to south city limits). The Federal Highway Corridor Community Redevelopment Plan was adopted for this area in April 2001. A specific recommendation applicable to the subject area reads as follows: Recommendation 5: Create new zoning districts for the RiA and RiAA communities east of Federal Highway, proximate to the Intracoastal Waterway that would allow for redevelopment of lots with greater lot coverage and reduced front, side and rear yards. This recommendation was never implemented. There is also Recommendation 7, urgmg protection of residential neighborhoods from deleterious impacts generated by certain commercial uses, such as establishments serving alcohol. The expectation was that mixed use projects with commercial components are going to continue making encroachments into residential neighborhoods in the area. The Federal Highway Corridor Community Redevelopment Plan is being amended concurrently with the proposed land use amendment for INCA properties. The subject request, supported by residents of the INCA neighborhoods, implements the proposed recommendation of the Plan, which reads: Recommendation 3. Amend the Future Land Use Map to remove existing conforming single family neighborhoods east of Federal Highway, proximate to the Intracoastal Waterway from the Mixed Use land use category. The purpose of the new recommendation is to provide some measure of assurance to the property owners that these areas will not be easily converted to mixed use developments. The proposed land use amendment is also consistent with Policy 1.17.5, which states: : 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. 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 amendment is consistent with the established land use pattern of single-family homes. Page 5 INCA Land Use Amendment File Number: LUAR 06-019 c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed rezoning is supported by the residents of INCA neighborhoods, but there are other arguments that make the proposed amendment desirable. In recent years, several redevelopment plans for Target Areas have designated preferred areas for mixed use redevelopment activities, and further additions to these areas are under consideration. The review of these plans is primarily focused on 'appropriate" distribution of commercial uses along the USI corridor and, more generally, in the downtown area and in neighborhoods adjacent to downtown. The Downtown Retail Analysis Report prepared for the CRA in January of 2006 provides further support to the strategy of limiting commercial uses to designated commercial nodes. The desirable redevelopment patterns for mixed use districts do not include the subject area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since the use of the area will remain single family residential, the proposed amendment involves no additional demands on the public facilities, and essentially a significant decrease in potential impact on facilities and infrastructure as would be allowed by the Comprehensive Plan. 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 properties located immediately west of the subject areas along US I, will likely at some point redevelop as mixed use projects, although the shallow depths of some of the parcels may make it difficult to meet setback requirements for mixed-use districts adjacent to residential neighborhoods. The R-3 Multi-Family districts located between the northern- and southern portions of INCA and south of its southern portion will remain in the Mixed Use Land category and may also redevelop as mixed use, with the appropriate setbacks as mentioned above. The effect of this amendment on property values of adjacent properties depends on ultimate characteristics of redevelopment that could have occurred under the subject's properties current land use. f Whether the property is physically and economically developable under the existing zoning. The subject properties could be physically redeveloped under the existing mixed use land use designation, however, it is unlikely that the full economic benefits of the mixed uses permitted under this designation could be attained at this point. 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 amendment is related to both the needs of the area and the city as a whole. As stated above, INCA neighborhoods support the proposed amendment. Moreover, Page 6 INCA Land Use Amendment File Number: LUAR 06-019 protection of existing single-family neighborhoods is one of the city's goals as expressed in the Comprehensive Plan and redevelopment plan. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The use will remain unchanged. There are few vacant parcels within the city where single-family homes can be developed. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan; pending amendments to the Redevelopment Plan; and will represent a decrease in potential demand on public infrastructure. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; 2. That the subject requests have been reviewed based on the required criteria,' 3. That the proposed rezoning is consistent with the vision of the ''Federal Highway Corridor Community Redevelopment Plan" and with the recommendation of the proposed amendment to the Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\PlanningISHARED\ WPIPROJECTSI/NCA IINCA staff report. doc r...---(---..T.....\'...-T..-T....r---l....._.--7 ~*~~ I t-_.~ , I _I... ' I; i tiE 12THi_E' i! : ill ii ~IILI~-U !1~ .NE_U::dt.AVE...Ji \ r -I % Ii: .., I " !~ \L_~e r----! II. iz /---! t--"---j I i \ \ IN--tUtH R KING .JR-BtvD- ' .. T-rTT-T-\-'1 I ' ! \ I I: I; ~I; ~ ~TN lVE-o L / i j ! ! ! i -'- ! i /j , J i..~ i i rf-'- .m.-f If !i ...; rt i J ! j ! i /../.-. j j ! i ! i i; i !! f : j i "--f" ----j ; .-il- J __i f- r.... -j i ! J I I ; I L -;j 1= J ; LOCATION MAP INCA Land Use Amendment Exhibit nAn I i r I i [HE 12T~ AVE- .. -'1 . , , __ __._____~..____.__....J___ __~ i r 1 "'A~OR PR r~~-~ '-ilT~=t~..,....."lc.. ; i i ----i ; ; ...J i i f- ---1 ; ; ; ; i J r--- -. i i i i i i i ! --/ i-! ,.. ._,j 1 i I , -i I i _1 1'- .....-....-......-........-...... NE -:r14'CTT- ] I Id L ._._....J 400 200 o N ~,,~, A Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 emphasized there were so many apartments and condos in Boynton Beach now, wherever she went. She cautioned that the water could become scarce and this should be taken into consideration. Also, at one time the City had tried to have buildings that were lower in height and now the City had gone out of sight with building heights. She spoke of the results of overdevelopment, saying the home of wild things like alligators had been usurped by development and the alligators were forced to come onto residential properties, where they had killed people. This never happened before all the development started. She agreed with a need to beautify, but asked the City and the board to think about what it was doing in terms of development, and consider that it might really be too much. Flynn Holland asked if all the residential was for sale and the response was affirmative. She anticipated this project would bring another 1,000 people to Boynton Beach and questioned where they would park at the beach. Boynton had been a small beach community and now they were putting in thousands of people and changing the landscape of the residential areas. She expressed concern the City was putting thousands of people in an area that was in a known flood zone. There were accidents on Golf Road, Boynton Beach Boulevard, and Seacrest Boulevard all the time. Traffic was intense. She did not think the streets could take this amount of development. She asked what happened to the sewer plan? She asked if they were moving faster than the infrastructure plan. She asked to have answers to her questions. Hearing no other people wishing to speak, Chair Tillman closed the floor to public comment. Vice Chair Norem mentioned that in their staff summary reports, this plan showed a potential reduction of 2,000 trips from the current trip count for the property. Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Mixed Use (MX); and the request to rezone from Community Commercial C-3 to Mixed Use Low Density (MU-L) in order to redevelop the shopping plaza as a mixed use development. The mixed use development would contain 576 residential units for an overall density of 39.94 du/acre, 150,602 sq. ft. of commercial retail use, and 11,050 sq. ft. of office space for a Floor Area Ratio of 1.71, subject to all comments in the Executive Summary Review and Analysis. Vice Chair Norem seconded the motion. Ms. Heaviln asked if it was appropriate to include the specifics for the project instead of the land use. Mr. Hudson indicated DCA would not see the rezoning at all. They only cared about the Future Land Use amendment. They went hand-in-hand, though, because the City believed a land use amendment had to have a companion rezoning. The motion passed 7-0. C. Inlet Cove Association (INCA) Land Use Amendment/Rezoning 1. Project: Inlet Cove Association (INCA) (LUAR 06-019) City of Boynton Beach North Federal Highway and the Intracoastal Agent: Location: 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Proposed use: Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and Northeast 6th Court Request to amend the Comprehensive Plan Future Plan Use Map from Mixed Use to Low Density Residential No change Description: Hanna Matras, Economic Planner, presented the City-initiated request to amend the Comprehensive Plan Future Land Use Map for the INCA area from Mixed Use to Low Density Residential. Ms. Matras explained this action was being suggested to reverse a decision made in 1989 to allow mixed use in this area. At that time, there were a lot of single family homes there that were not in good repair. Staff recommended that the land use amendment and rezoning be approved. The residents of the INCA area support the change. Mr. Sims asked if commercial would be allowed and if so, in what areas. There were some businesses to the north of this area he was concerned about. Mr. Breese commented the proposed amendment would be applied only to the residential area behind the commercial, which was not changing. The board did not have any questions or comments. Chair Tillman opened the floor for public comment. Louise DiCamara, 836 East Drive, Harbor Estates, resident of the subdivision in the north section of the south side of the C-16 canal, indicated it was zoned R-1-AA Single Family Residential. It had been that way ever since zoning came into effect. The Mangrove Walk area was from Martin Luther King Boulevard to N.E. 6th Court and zoned R-1-A. Both of the areas were in the INCA land use amendment area. She applauded the City staff for initiating this amendment, which would change the future land use from mixed use to low density residential and bring the Comprehensive Plan into compatibility with the existing properties. Stan Nitkowski, President of INCA Neighborhood Association, declared he understood the Federal Highway Corridor would remain the same, so those commercial properties directly on Federal Highway would retain their commercial privilege. The discussion was of the neighborhoods directly behind them that are residential neighborhoods. The entire area along the east side of Federal Highway was being redeveloped as residential and INCA was very supportive of this. Chair Tillman closed the floor to public comment when no one else came forward. Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential, LUAR 06-019. Vice Chair Norem seconded the motion that passed 7-0. D. Casa del Mar Land Use Amendment/Rezoning 1. Project: Casa del Mar (LUAR 06-018) 9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtn VIII.-PUBLIC HEARING ITEM H. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D April 4, 2006 D April IS, 2006 D May 2, 2006 D May 16, 2006 March 20, 2006 (Noon.) D June 6, 2006 D June 20, 2006 ~ July 5, 2006 D July 1 S, 2006 May] 5,2006 (Noon) April 3,2006 (Noon) June 5, 2006 (Noon) April 17, 2006 (Noon) June] 9,2006 (Noon) - ----: May 1,2006 (Noon) July 3,2006 (Noon) D Administralive D Development Plans -< r~__: '1_' _, \; I NATURE OF D Consent Agenda D New Business , 1('")- '",..-', AGENDA ITEM ~ Public Hearing ~ Legal ~ 0 Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-091. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed use: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC / Robert Vitale (Managing Member) 2319 South Federal Highway, northwest comer ofSE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD, 20 dus/acre). Multi-family development (2 1 units at 16.8 dus/acre) PROGRAM IMPACT: FISCAL IMPACT: AL TERNATIVES: N/A N/A N/A Developmen ep rtment Direc ~ ijf-M.i.. - Planning and Zoning ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Herningway Square\LUAR\Agenda Item Request Hemingway Square LUAR 06-006 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r~ ~ lty Manager's 19nature I . ORDINANCE NO. 06- , I, :3 I I AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY 2319 SOUTH FEDERAL PARTNERS,LLC, 8 AND LOCATED AT 2319 SOUTH FEDERAL 9 HIGHWAY, NORTHWEST CORNER OF SE 23RD 10 AVENUE AND FEDERAL HIGHWAY; CHANGING 11 THE LAND USE DESIGNATION FROM LOCAL 12 RETAIL COMMERCIAL (LRC) TO SPECIAL HIGH 13 DENSITY RESIDENTIAL (SHDR); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 15 DATE. 16 1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 31 herein by this reference. S:\CA \OrdinancesIPlanning\Land UseIHemingway Square.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located at 2319 South 4 Federal Highway, northwest comer of Southeast 23rd A venue and Federal Highway; changing 5 the land use designation from Local Retail Commercial (LRC) to Special High Density 6 Residential (SHDR). 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 54,526 square feet or 1.25 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision ofthis Ordinance or any portion thereofbe 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder ofthis Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this _ day of , 2006. S:\CA \Ordinances\PJanning\Land Use\Hemingway Square.doc 11 I 2 SECOND, FINAL READING and PASSAGE this __ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 Mayor Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S :\CA \Ordinances\Planning\Land Use\Hcmingway Square.doc 1 In. = 13~.6 feel 1 I 1 Sf ~1ST AVE ( " .. .... . Hemingway Square -....-.. ~ fY~ --, ! I i ! ! ! ! ! i I I i I I I ! ! I i ! i I i J I j I j I ! ! i I I i ! ! I I I I I ! I 1 I I I I I I I I IH Ulli Pi -H qfill Hli Ii II I ! I! : i I il II II j & B a < If 'If Hi.....in B i....shu H~Um~U ~~ ~mu~m - -- ------- - --- ---- ------------------- - -- ------------- ------------------- ------------... , , , , , i - ty:kbz,t b , , , , , , I , i ! ! [ ! i ! ! I I ! ! i f I ! i ! I i ! I i i i j I I i i ! i ...--------------------------------------------------------------------------- --------------- ------------------------___________________J i! 111111111I i! IIIIIIIIU ,,! I' u:~ fl! I' u:~ j j j j I, II U .-...i -II ji i..... i III B Himnu ~~ ~~Uu UU r-~ -~- -- -- -- 1 I I I l~__ ~__-.-J --- ..~u _1"'~AV8VI ...... -- ItCIJDA ".., 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF 2319 SOUTH FEDERAL 6 PARTNERS, LLC, AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND LOCATED 8 AT 2319 SOUTH FEDERAL HIGHWAY, 9 NORTHWEST CORNER OF SOUTHEAST 23 10 AVENUE AND FEDERAL HIGHWAY AS MORE 11 FULLY DESCRIBED HEREIN, FROM 12 COMMUNITY COMMERCIAL (C-3) AND 13 NEIGHBORHOOD COMMERCIAL (C-2), TO 14 INFILL PLANNED UNIT DEVELOPMENT (IPUD); 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 AND AN EFFECTIVE 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 said City; 2 0 and 21 WHEREAS, 2319 South Federal Partners, LLC has filed a petition to rezoning a 22 parcel of land more particularly described hereinafter; and 23 WHEREAS, the City Commission, following required notice, conducted a public 24 hearing to consider the rezoning and heard testimony and received evidence which the 25 Commission finds supports a rezoning for the property hereinafter described; and 26 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 27 the Land Use described in the City's Comprehensive Plan; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Rezoning\Rezoning - Hemingway Square.doc 1 Section 1. The foregoing Whereas clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The following described land located at 2319 South Federal Highway, 4 the northwest comer of South Federal Highway and Southeast 23 Avenue is hereby rezoned 5 from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned 6 Unit Development (IPUD): 7 LOTS 1 THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE 8 PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 10 11 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM 12 COUNTY, FLORIDA. 13 14 CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS. 15 16 SUBJECT TO EASMENTS, RESTRICTIONS, RESERVATIONS, 17 COVENANTS, AND RIGHTS-OF-WAY OF RECORD. 18 19 LESS EXISTING R-O-W FOR U.S. HIGHWAY NUMBER 1 (STATE RD 5) 20 AND LESS EXISTING R-O-W FOR SE 23RD AVENUE; AND 21 INTERSECTION OF US HIGHWAY 1 AND SE 23RD AVENUE 22 23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 24 reference. 25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 27 repealed. 28 Section 5. Should any section or provision of this Ordinance or any portion thereof 29 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 0 remainder of this Ordinance. 31 Section 6. This ordinance shall become effective immediately upon passage. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Hemingway Square.doc 1 FIRST READING this _ day of ,2006. 2 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \OrdinancesIPlanninglRezoninglRezoning - Hemingway Square.doc J ~ ~ Hemingway Square :::2i" 8 ^ .r /5~.. \ I f ',,' ;'-C~ ,( Or, ~ 4 () . ! I i I , r , f i ! i i I I f I i , I f i I i , i i ~ I i I ! I , I i i I ! I i I i I I I I ! , ~ ! , I I I I I I I I ---------------- ------------... , , , t(Z~B , i ! ! ! ! I I i ! , [ ! I i i I I I I i I I j i I ! ! I i I i ! I ; I I I I ! I I I I i i I i , -------------____J ------------------------------------------------------------------------ H .. il ,I il Ji irrlllUifU !trlnU:I': "if If k~~~ d' Jf ulk ! i . J Ii . II B >>o...t".. Ii i a.' i III H. ~mHm U ~J~m ~m . . . . . . ~ "-- ....-"""-IIC Je. ftf '.A'VDmJ COLU. ........ ILOlIDA '*' TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-091 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Kathleen Zeitler fa Planner ~ Michael W. Rumpf Director of Planning and Zoning June 6, 2006 Hemingway Square/LUAR 06-006 Amend the Future Land Use designation from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Rezone the property from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Intill Planned Unit Development (IPUD). Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: PROJECT DESCRIPTION 2319 South Federal Partners, LLC / Robert Vitale (Managing Member) Garcia Stromberg Architecture, Inc. Northwest corner of South Federal Highway and SE 23rd Avenue (see Exhibit "A'') 1.25 acre (54,526 sf) Local Retail Commercial (LRC) Neighborhood Commercial (C-2), Community Commercial (C-3) Special High Density Residential (SHDR) (max. 20 units/acre) Intill Planned Unit Development (IPUD) 21 Unit Townhouse Development at 16.8 units/acre Page 2 File Number: LUAR 06-006 Name: Hemingway Square North: To the north, property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) currently occupied by a single-family residence with frontage on South Federal Highway. To the northwest, property designated High Density Residential (HDR max. 10.8 dujac) and zoned Multi-Family Residential (R-3) currently occupied by a single-family residence on SE 4th Street. Right-of-way for SE 23rd Avenue, and farther south property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) currently occupied by a Sunoco gas station. To the southwest, property designated Special High Density Residential (SHDR) and zoned Intill Planned Unit Development (IPUD) currently being developed as Coastal Bay Colony, a 64 unit townhouse development. South: East: The right-of-way of Federal Highway, then property designated Special High Density Residential (SHDR) and zoned Multi-Family Residential (R-3) developed as Tuscany on the Intracoastal, a condominium complex. West: Property designated as Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), currently occupied by a single- family residence with frontage on SE 23rd Avenue. EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: 1. The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; and, 4. The proposed development will contribute to the overall economic development of the City. Page 3 File Number: LUAR 06-006 Name, Hemingway Square PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 1.25 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Master Plan/Site Plan Analysis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is requested in this case. The site plan proposes a 21-unit fee-simple townhouse development at a gross density of 16.8 dwelling units per acre (du/ac). The four (4) proposed buildings consist of four (4) to seven (7) units each and are three (3) stories, with one building being a combination of two (2) and three (3) stories. Principal ingress/egress for the project is from SE 23rd Avenue located on the south side of the project. A secondary ingress/egress for emergencies only is located on SE 23rd Avenue near the east side of the project. The internal circulation streets form a grid-like pattern with garage access for the residents opening onto these private roadways. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities for the proposed development include a swimming pool and one-story pool cabana, various small open space areas on site, and a gazebo, trellis, benches, and statue artwork. Each unit is provided with two required parking spaces. These 42 spaces are located in two-car garages, as well as external driveways for the three (3) units with a one-car garage. Additionally, parking is provided for the recreation area, bringing the total parking spaces provided to 47 spaces. Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a more comprehensive discussion of the details and site plan issues is provided by staff as a part of the review of the corresponding site plan (see NWSP 06-007). 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 Page 4 File Number: LUAR 06-006 Name: Hemingway Square 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 under consideration is located west of Federal Highway, and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings which change designations from commercial to residential uses are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least'~ and ''Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area, which has the role of being an entrance into the City, include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will Page 5 File Number: LUAR 06-006 Name: Hemingway Square provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, and would relate to densities of other new and older developments in the immediate area which include: Coastal Bay Colony, Los Mangos, Hampshire Gardens, Tuscany on the Intracoastal, Seagate of Gulfstream, Fairfield Apartments Condo, Palmway Condo, and Crestview Gardens Condo. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses and single-family residential to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June, 2002 provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The Palm Beach County Traffic Division has determined that the proposed residential redevelopment project will result in a reduction of traffic trips compared with the previous commercial uses on site. The PBC Traffic Division has approved the project for concurrency with a build-out date of 2009, and determined that the project meets the Traffic Performance Standards of Palm Beach County. The project is estimated to require a total of 9,030 gallons of potable water per day. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 4,604 gallons per day. 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 applicant has received concurrency approval from the School District of Palm Beach County indicating that adequate school capacity exists to accommodate the resident population of the 21 proposed townhouse units. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 06-006 Name: Hemingway Square 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 current use of the adjacent property to the north is single-family residential on a 0.34 acre parcel zoned C-3, and the current use of the adjacent property to the west is single-family residential on a 0.16 acre parcel zoned C-2. However, the current residential use of these parcels is nonconforming based on the commercial zoning, and they may convert to commercial uses in the future. To the northwest is property zoned multi-family which is currently occupied by a single-family residence. Special design considerations limiting building height to two stories is proposed at the northwest corner of the project to offset any potential impacts upon this adjacent property. The end results will serve to enhance the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently adjacent to a variety of uses, including commercial (gas station across SE 23rd Avenue) and nonconforming single-family residential on commercially-zoned parcels. The economic viability of these uses is questionable, considering the transition to high density residential uses that is occurring with redevelopment of the corridor under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities up to 20 dwelling units per acre 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 dwelling units per acre; 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 Highwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS Page 7 File Number: LUAR 06-006 Name: Hemingway Square CONCLUSIONS/RECOMMENDATIONS Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated herein, staff concludes that the request is consistent with the goals and objectives of the Comprehensive Plan; consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; and, will contribute to the overall economic development of the City, therefore staff recommends approval of this request for land use amendment and rezoning. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "C". ATTACHMENTS S:\Planning\SHARED\ WP\PROJECfS\Hemlngway Square\LUAR\Staff Report.doc 1 in. = 139.6 teet !!' ~ 1 ... Hemingway Square , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ~~~. n ~i n ~i U"1~~f~W~U~i i 8 a. i. a. 8, '." Iti-1':";h . . .~...'.. ~ . ~ PI ~.'-'I 0 .. .~ .~.; I~ I '11 .'2 ~. ii, ~ .~ .~ :~:~ .~ i il ::5~! '! I'! 18 'I:; I < \1 ~"~~'~ H ~;! ". 'e~.~<l '5 .-~ i ~ ~,~ ~!~ b !~S - ", ,..-. . .tI ~ ~ ~~ ~i! ~.~C;;l~ 6! r,;... I . g i.. ."1 ~, 1/ ~ ~ ~ ~ ~ ~ . - ." EXHIBIT -B- ~ - ~- -. ---------, I I I I ~_----1 , , , , , , , , ....--- -- --- ---------- ------ - - ---- - - ---- --- -- - ------ -- -- ----- --- ---------- ------ ------ - - -- -- - - - - -- --- ~~~Hini: ! <~p ~H ~ ~~ H ~~ ! ~~iii~~:-~~ HU I ~~ n ~~ ~h l! ~ -< ~ ~~! of i z .il! Ji i~~~,uiif; v; ~~~~~~~~~ ~~ i .~&1Il~ ~ !iQ ! !B!IJ: :8 !:tl ~ ;::::::::::::, ~ ~::, ~ ~ ~ ~ ~~Iii! i~E - ~! ~ ~aiii ~ 11= q ! !~i~ i p~ q! !g~ i Pi :.! H uh :.!" uh ~!).i "~Q!)o~-< ~ i ~ - (/) ~ ~'<j 1~ sEB~ . ! ! MASTERPL I . ~ HEMINOWAYSOUARB' ; I INFILL PLANNED UNIT DBVELOPMBNT _ TOWNHOMES 2J~~~~~I~tT &> = .......- ....-w: 1"1 sw 1)46, AVIMUE COUl. SJ9.mG$ FLOItIDA ""', , , , , , , - ----------------------- -- - ,- _.~ Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infi" Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myatt recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 town homes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staff's recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingway Square Land Use Amendment/Rezoning 1. Project: Agent: Owner: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Location: Description: 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Proposed use: Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD), 20 dus/acre Multi-family development (21 units at 16.8 dus/acre Hemingwav Square New Site Plan Description: Hemingway Square (NWSP 06-007) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLCjRobert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway Request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned IPUD. 2. Project: Agent: Owner: Location: Hemingway Square Height Exception Location: Hemingway Square (HTEX 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLCjRobert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway 3. Project: Agent: Owner: Description: Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet Ed Breese, Principal Planner, asked for board approval to discuss all three parts of the Hemingway Square project at one time and the board concurred. Mr. Breese commented this project was to take the place of the former Baker Furniture property on the northwest corner of South Federal Highway and S.E. 23rd Avenue. Staff recommended approval of the land use amendment/rezoning based on being consistent with the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor Community Redevelopment Plan, would not create additional impacts on infrastructure, and would contribute to the overall economic development of the City. Mr. Breese displayed the site plan, which would have 21 fee simple townhomes at a gross density of 16.8 dwelling units per acre. The four proposed buildings consist of four to seven units each and are three stories tall with one building being a combination of two and three stories. The architectural style was Key West with ship lath siding, aluminum roofs, and barn 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 style doors. The building chimneys accounted for the four-foot height exception request and staff concurred with it. Staff recommended approval of the land use amendment/rezoning, the site plan, and the height exception. Mark Cohen, Garcia Stromberg Architecture, Inc., displayed a PowerPoint presentation and reviewed the site plan characteristics. He showed extensive landscaping in front of the units, especially on the south side, to buffer out traffic and noise. They had lowered the units to be more in keeping with the adjacent single-family residences. The colors were vibrant pastels. Building #3 that would front on Federal Highway was a vibrant pastel yellow in color. Mr. Myott questioned the fence materials and was informed it would be aluminum or some type of Fiberglas to imitate wooden material. The mean roof height was 45 feet and they had applied for a height exception of three feet two inches to accommodate the chimney. Ms. Horenburger asked about entrances and exits on S.E. 23rd Avenue. Mr. Cohen responded there was only one entrance and it was off of S.E. 23rd Avenue close to the western end of the parcel. A secondary ingress/egress for emergencies only was located on S.E. 23rd Avenue near the east side of the project. Ms. Horenburger asked about recreation amenities and was told there was a pool to the northwest side of the property with five parking spaces, including handicapped. Mr. DeMarco indicated that was a very busy corner and S.E. 23rd Avenue was a very narrow street. He was concerned about the current traffic situation and was not pleased about adding more traffic to the area. He contrasted the proposed ten-foot setback with the larger setback with plants and trees at Tuscany across the street and thought the buildings would not be attractive. He also believed that 21 units on a little over an acre was too much. He could not vote in favor of it. Mr. Cohen stated the County and City had plans to widen S.E. 23rd Avenue to give more space between traffic and buildings, which would allow more buffering. The applicant's plans were in compliance with the required setbacks for an IPUD. They planned to make an extra effort with their landscaping to compensate for the setback. Mr. Myott did not agree with Mr. DeMarco, saying the project was unique and quite well done, but it did have a great deal compressed into one site. He wanted to see more detail on the gable of Building #1 that you would see when driving south on Federal Highway. He was also concerned about value engineering because the materials being shown were very expensive. This was the kind of project the CRA wanted, but he would expect to see the same materials in the completed project. He counted on the Planning Department to see that this happened. The developer responded the owners were committed as a group to making the project as designed and Planning staff was also holding them to their design and materials. Ms. Heavilin asked about the staff comment on the landscaping slightly exceeding the minimum requirements and wondered whether that was acceptable. Mr. Breese responded there were no conditions of approval pertaining to landscaping, but in many instances they did not have much room to landscape or they did it heavily around the corner of the building where they would also have art in public places. They proposed a sculpture of Hemingway sitting on a bench with one of his cats. When Ms. Heavilin asked about having more landscaping on S.E. 23rd Avenue as a buffer, the response was they did not want to hide the architecture with too much landscaping. Their intentions were to buffer the east and south sides of the property as much as pOSSible and go above and beyond requirements on the north and west, proposing a six-foot high privacy wall with landscaping backed up against it. Ms. Horenburger liked the look, the 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 colors, the softness, and the art, which would be an attraction for people driving by on Federal Highway. Mr. Sims liked it but echoed Mr. DeMarco's comments about S.E. 23rd Avenue and the traffic conditions in that area. He hoped the road improvements were planned for the very near future. Mr. Cohen responded they had lost five feet of their property due to the County and City plan to widen S.E. 23rd Avenue. Ms. Horenburger asked staff if there was going to be any widening of that road. She thought this was the City's portion of Golf Road and that it changed at Congress Avenue. Mr. Breese thought the County had the right-of-way to Federal Highway and the developer had committed to a five-foot dedication to the County for future improvements. No improvements were on the books today, but having the additional right-of- way might further the effort. Chair 1111man asked if it were in the five-year, ten year, or any plan. Mr. Breese indicated it was not yet on a road building plan. A representative of the developer came to the podium and said they had met with the County and the developer promised to do some drainage and right of way improvements along S.E. 23rd Avenue. They would be doing this before getting a permit for underground infrastructure. He thought it would be in the near future. Chair 1111man opened the floor to the public to speak. Flynn Holland, local resident, asked for a description of the setback from the roadways. She also asked if there would be a swale or walk for the public next to the building. Also, she asked where the extra parking was for family and friends. Mr. Breese responded the extra parking was inside and there would be no parking on the roads. The setbacks from the road were 10 feet with a 5-foot public sidewalk within the right-of-way, not on the property. Ms. Holland thought this would be extended for the road and the sidewalk would be lost. Mr. Breese stated the applicant was responsible for the sidewalk associated with this project. Mr. Cohen commented the sidewalk would be five feet off the property line. Currently, the sidewalk goes down the site a third of the way, and stops and there is no sidewalk on the north side of S.E. 23rd Avenue. Their improvements would bring a sidewalk that goes along the entire length of the project. This would be a catalyst for the next project, who could tie onto that sidewalk. Mr. Cohen noted there would be a sidewalk, landscaping, a fence, and more landscaping. Chair 1111man closed the floor when no one else came forward to speak. Motion Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. Ms. Heavilin seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Mr. Myott moved to approve the request to rezone from Community Commercial and Neighborhood Commercial to Infill Planned Unit Development at 20 units an acre. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 IPUD, incorporating Mr. Myott's comments, especially in regard to value engineering, and the caveat to hold them to exceeding the landscape requirements. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Vice Chair Norem moved to a'pprove the request for height exception of four feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. Ms. Horenburger seconded the motion that passed 6-1, Mr. DeMarco dissenting. F. Post Office Easement Abandonment Location: Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esq. Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. 1. Project: Agent: Owner: Description: Ed Breese presented the report on behalf of Planning & Zoning staff. He explained this easement was right across from City Hall. The U.s. Post Office building was constructed over a 3' unused utility easement located at the western boundary of the site. The agents are requesting abandonment of the easement. The public utilities and City departments have no utilities within the subject easement and have no objection to the abandonment of the utility easement. Mr. Breese said that the comment in the staff report about having to wait for a response from Florida Public Utilities could be disregarded since they had now responded. As such, staff recommended approval. The board members expressed support of the project when asked. Jason Mankoff, Weiner & Aronson, was available to answer questions. Chair Tillman opened the floor to the public for comment, and closed it when no one came forward. Motion Vice Chair Norem moved to approve the request to abandon a three-foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. Mr. DeMarco seconded the motion. Ms. Horenburger asked if the deletion of the comment about waiting for a response from Florida Public Utilities could be included in the motion and Vice Chair Norem and Mr. DeMarco agreed. The motion passed 7-0. 17 (!'\ i" ':'~C:i<', " \ , , ;)J";'~r-o . 's~6-{j VIII. - PUBLIC HEARING ITEM I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtn Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) '- 6' D April 18, 2006 April 3, 2006 ONoon) D June 20, 2006 June 5, 2006 (Noon) ---'J .--~ -.', .- D ~ ,--- May 2,2006 April 17,2006 ONoon) July 5. 2006 June 19,2006 (Noonh: " D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon) ~,-'. .' D D f'"', ~. Administrative Development Plans -~ l NATURE OF D Consent Agenda D New Business 'j~ ~ , AGENDA ITEM ~ Public Hearing Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing with the corresponding items for land use amendment and rezoning and site plan approval. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13,2006. Staff recommends that this item be heard in conjunction with the land use amendment and rezoning and site plan but tabled to the July 18th meeting for fmal action to follow ordinance approval. For further details pertaining to the request, see attached Department Memorandum No. 06-093. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Hemingway Square (HTEX 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC / Robert Vitale (Managing Member) 2319 South Federal Highway, northwest comer of SE 23rd A venue and Federal Highway Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A CMU ~ City Manager's Signature Dev ment e artrnent Director ~ ~ /ItA... ./ Planning and Zoning ~ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Hemingway Square\HTEX\Agenda Item Request Hemingway Square HTEX 06-006 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-093 Chair and Members Community Redevelopment Agency Board and City Commission . ~~ Michael Rumpf Director of Planning and Zoning Kathleen Zeitler tz Planner June 6, 2006 Hemingway Square / HTEX 06-006 Height Exception 2319 South Federal Partners, LLC Property Owner: Applicant: Agent: location: Existing land Use: Existing Zoning: Proposed land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: Robert Vitale, 2319 South Federal Partners, LLC Garcia Stromberg Architecture, Inc. At the northwest corner of the intersection of South Federal Highway and SE 23r< Avenue (see Location Map - Exhibit "A") Local Retail Commercial (LRC) Neighborhood Commercial (C-2) and Community Commercial (C-3) Special High Density Residential (SHDR - max. 20 du/ac) Infill Planned Unit Development (IPUD) 21 fee-simple townhouse units 1.25 acre (54,526 square feet) To the north, property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) currently occupied by a single-family residence with frontage on South Federal Highway. To the northeast, property designated High Density Residential (HDR max. 10.8 du/ac) and zoned Multi- Family Residential (R-3) currently occupied by a single-family residence on SE 4th Street" , Right-of-way for SE 23rd Avenue, and farther south property designated Loca Retail Commercial (LRC) and zoned Community Commercial (C-3) currentl} occupied by a Sunoco gas station. To the southwest, property designatec Special High Density Residential (SHDR) and zoned Infill Planned Uni1 Development (IPUD) currently being developed as Coastal Bay Colony, a 64 unil Page 2 Hemingway Square HTEX 06-006 Memorandum No. PZ 06-093 townhouse development; East: The right-of-way of Federal Highway, then property designated Special High Density Residential (SHDR) and zoned Multi-Family Residential (R-3) developed as Tuscany on the Intracoastal, a condominium complex; and, West: Property designated as Local Retail Commercial (LRC) and zoned Neighborhooc Commercial (C-2), currently occupied by a single-family residence with frontage on SE 23rd Avenue. BACKGROUND The applicant is proposing a fee-simple townhouse project consisting of 21 units at the northwest corner of South Federal Highway and SE 23rd Avenue. The project is currently pending a land use amendment request (LUAR 06-006) from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) land use classification, and a rezoning request (LUAR 06-006) from the Neighborhood Commercial (C-2) and Community Commercial (C-3) zoning districts to the Infill Planned Unit Development (IPUD) zoning district. In addition, the subject property is also pending approval of a new site plan (NWSP 06-007) for the townhouse project. Approval of the site plan will be contingent upon the approval of the accompanying request for land use amendment / rezoning (LUAR 06-006). The Hemingway Square site plan indicates a combination of two-story and three-story townhouse buildings to be constructed. The proposed townhouse buildings will be 45 feet in height which will comply with the maximum height permitted under the IPUD zoning district. However, there is a certain building element proposed that exceeds the 45-foot threshold. That element is the subject of this request for height exception. The floor plans for the 3-story Models "c" and "D" indicate an optional fireplace. Therefore, the exterior elevations for Buildings 1 and 3 reveal chimneys, which extend above the rooflines and will exceed the maximum height of 45 feet. The exterior building elevations indicate that the elevation from finished floor to the highest point of the chimney is 46 feet 2-inches for Building 1 and 48 feet 8-inches for Building 3. The applicant therefore is requesting a height exception of four (4) feet above the maximum building height of 45 feet allowed in the IPUD zoning district. The requested height exception is applicable only to Building 1 and Building 3 (see Exhibit "B"). ANALYSIS The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City. Staff recognizes that infill residential development along Federal Highway is desirable. The architecture for the proposed townhouse project is a Key West theme with standing-seam metal roofs, balconies, picket fencing, natural stone veneer on the first floor walls, and a mix of siding and stucco on the upper building walls. The proposed chimneys will be of the same stone veneer to match the stone veneer at the front and rear of the first floor of each building. The chimneys will raise the building height slightly above the maximum height allowed, but they are necessary for the units that choose to have the optional fireplace. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include noncommercial towers, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall Page 3 Hemingway Square HTEX 06-006 Memorandum No. PZ 06-093 make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The City Commission approved a new method for measuring building height based on roof type (Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Plans indicate the proposed townhouses will have a gable or hip roof. Building height for gable or hip roofs is measured from the finished grade to the midpoint between the eaves and the ridge. The bUilding elevations indicate the two-story and three-story townhouses will have a mean roof height of 45 feet, which will comply with the IPUD zoning district height limitation of 45 feet. However, the maximum height as measured from the top of the proposed chimneys is 48 feet 8-inches, which exceeds the maximum building height by almost four (4) feet. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying requests for land use amendment and rezoning (LUAR 06-006) and the new site plan (NWSP 06-007) for the Hemingway Square project. Staff is recommending approval of these application requests and recommends approval of the request for a 4-foot height exception. Should this request be approved, it should be approved contingent upon satisfying all comments noted in Exhibit "c" - Conditions of Approval (see NWSP 06-007). Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S;IPlanningISHAREDIWPIPROJECTSIHemingway SquarelHTEX 06-006\Staff Report.doc ~ ... 1 in. = 139.6 feet !! Hemingway Square EXHIBIT E ~ 8> la ~il~1!i .~ ~e i~\:Ir.r f~ ~~~d .1 Eq~~ ~~ 9!~'~ E~ .~;~~ ~D i~ i~1 ~: ~I' .~l ~J ~ ~~~ ~~ ~a~D9 ,,; t~ ~9~ 2; ~~~~~ ~~ .~~. .~ ~~-~ ~l ~~~~ ~. i~.i -" ~a;~ ~~ i~ .!i ~; ~i -~ ~!iiJ' l i g ~ D ! g;€~ i~~~ i=;1"'ili !~i1~ ~f.' ~,~~ "-~~~ "~(.- ---~-~ I ~ ~ '~~ " ~" & ~ . "9" 8 f ~ E . H ~ tJ Z Q l'HI J" . ~~ .J ~ ~~ ~ u l.~f~ ~':i ". ,. Ii~ l~ r' tT1 'Tj o-J en t3 tT1 ~ tT1 < ~? . r; o-J p2 ~~~~2 ~ ~.', e,,~ t:. ~~ q ~-- "'~8> eh .f. ~~I . . \ JA~" :~.Ci~!J 2 ~ ~ ~;3i ~ 1: ~ i I ~ D aia' ' · I.al~- s Ii i ~ ~ ~ f~ I ~ i ~ -.-.- _I.-...J.~u.c H9111W I34lhAVENUE COR:AL!PRINOS FLOJUDA JJQ6' .....;m I 11I11 r II ' EXHIBIT "8 ~ . ~~mll :, fdi~ 2< .l q~.. "~ ~:~ ~~ ~~ .~~~~ -8 I:~!il ;~ O~~! il ~b." ~~ ~~~ii ~. ~~ !~i,l/~ ~I ilii'i li~~ ;~ 1< .~~i ti"' ~; 1< i ~~ ~~I ,. ~u ~ ~ w t11 J I I;j! j ! Iii! n.~ k IJ hll~ ~ ~ IB'~ -h ~ ! I=J" 1 1= IJ P ! = IU !~ j &1; n d!I!'~ ~ ! I !- III ~ B I ~ i ~ - a. -- ...~__w: N9t IW I:Me.AYINUE C<lRAL_ fLORUlA ''''''' ......;;: I 11I11 II "0 to o ~tD 'T1~ r'tj 8~ K to 0 ~"O Z ~ r' 0 f.> . ~Z 8> ~ tr:l r./.l ...., ~ ><: ~ ';'l ~ o ~ r' ~ @ Ii 8> r./.l tr1 n o StD 'T1~ r'tj 8z too "Oz r'o ~. .t 'is' ~~ ~~ ~~ !,r~----- ----1, ~~ I XO I : ~~ i l_ __ _ J ,. ---.-- - - . - -------- - - -I ~ ..-... JlltL__W: )691 SVI' l~AVIMt1E CORALSPRINOS FLORJDA BOO EXHIBIT B ."."";;;: I 11I11 Ul ~ 8 tQ q ~ ::r:: ~ ...., ~ en &> I? o :::0 o h 8~ .:::0 0 ~"Oz '> r' 0 ?> ~ ~z 6> ~ tr1 en ...., o :::0 >< ~ ...., I e 6> en tr1 () o ~~ r'o g~ "Oz roo ~~ II , , , , , , , , , , , , , , , ,- ..5 ~z ~i ~~ ij~ ...-.. 2Ilf1.__u.c _I BW l1t1lAVDroE: COItAL ........ FLORIDA '''''' EXHIBIT B -.....;w I 111I1 UI EXHIBIT "C" Conditions of Approval Project name: Hemingway Square File number: HTEX 06-006 Reference: 4th review plans identified as a New Site Plan with a May 26,2006 Planning & Zoning date stamp marking. I II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION -- Comments: None X FORESTER/ENVIRONMENT ALIST -~ Comments: None X PLANNING AND ZONING Comments: None X CRA STAFF CONDITIONS OF APPROVAL Hemingway Square (HTEX 06-006) PAGE 2 DEPARTMENTS INCLUDE REJECT Comments: None X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X CITY COMMISSION COMMENTS: Comments: To be determined. MWR/la S :\Planning\Shared\ WP\PROJECTS\Hemingway Square\HTEX 06-006\COA . doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hemingway Square APPLICANT: 2319 South Federal Partners, LLC (Robert Vitale, Managing Member) APPLICANT'S AGENT: Garcia Stromberg Architecture, Inc. / Mark Cohen, Associate AGENT'S ADDRESS: 6413 Congress Avenue, Suite 130, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2006 TYPE OF RELIEF SOUGHT: Request for a height exception of four (4) feet above the maximum building height of 45 feet to allow chimneys for proposed townhouse buildings on 1.25 acres zoned Infill Planned Unit Development (IPUD). LOCATION OF PROPERTY: On the northwest corner of South Federal Highway and SW 23rd Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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:IPlanningflSHAREDIWPIPROJECTSI Hemingway SquarelHTEX 06-006IDO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staff's recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingway Square Land Use Amendment/Rezoning Location: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and 1. Project: Agent: Owner: Description: 13 Meeting Minutes Community Redevelopment Agency B~}'ntol!~~ach, Florida June 13, 2006 Proposed use: Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD), 20 dusjacre Multi-family development (21 units at 16.8 dus/acre Hemingway Square New Site Plan Location: Hemingway Square (NWSP 06-007) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway Request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned IPUD. 2. Project: Agent: Owner: Description: Hemingway Square Height Exception Location: Hemingway Square (HTEX 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway 3. Project: Agent: Owner: Description: Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet Ed Breese, Principal Planner, asked for board approval to discuss all three parts of the Hemingway Square project at one time and the board concurred. Mr. Breese commented this project was to take the place of the former Baker Furniture property on the northwest corner of South Federal Highway and S.E. 23rd Avenue. Staff recommended approval of the land use amendment/rezoning based on being consistent with the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor Community Redevelopment Plan, would not create additional impacts on infrastructure, and would contribute to the overall economic development of the City. Mr. Breese displayed the site plan, which would have 21 fee simple townhomes at a gross density of 16.8 dwelling units per acre. The four proposed buildings consist of four to seven units each and are three stories tall with one building being a combination of two and three stories. The architectural style was Key West with ship lath siding, aluminum roofs, and barn 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 style doors. The building chimneys accounted for the four-foot height exception request and staff concurred with it. Staff recommended approval of the land use amendment/rezoning, the site plan, and the height exception. Mark Cohen, Garcia Stromberg Architecture, Inc., displayed a PowerPoint presentation and reviewed the site plan characteristics. He showed extensive landscaping in front of the units, especially on the south side, to buffer out traffic and noise. They had lowered the units to be more in keeping with the adjacent single-family residences. The colors were vibrant pastels. Building #3 that would front on Federal Highway was a vibrant pastel yellow in color. Mr. Myott questioned the fence materials and was informed it would be aluminum or some type of Fiberglas to imitate wooden material. The mean roof height was 45 feet and they had applied for a height exception of three feet two inches to accommodate the chimney. Ms. Horenburger asked about entrances and exits on S.E. 23rd Avenue. Mr. Cohen responded there was only one entrance and it was off of S.E. 23rd Avenue close to the western end of the parcel. A secondary ingress/egress for emergencies only was located on S.E. 23rd Avenue near the east side of the project. Ms. Horenburger asked about recreation amenities and was told there was a pool to the northwest side of the property with five parking spaces, including handicapped. Mr. DeMarco indicated that was a very busy corner and S.E. 23rd Avenue was a very narrow street. He was concerned about the current traffic situation and was not pleased about adding more traffic to the area. He contrasted the proposed ten-foot setback with the larger setback with plants and trees at Tuscany across the street and thought the buildings would not be attractive. He also believed that 21 units on a little over an acre was too much. He could not vote in favor of it. Mr. Cohen stated the County and City had plans to widen S.E. 23rd Avenue to give more space between traffic and buildings, which would allow more buffering. The applicant's plans were in compliance with the required setbacks for an IPUD. They planned to make an extra effort with their landscaping to compensate for the setback. Mr. Myott did not agree with Mr. DeMarco, saying the project was unique and quite well done, but it did have a great deal compressed into one site. He wanted to see more detail on the gable of Building #1 that you would see when driving south on Federal Highway. He was also concerned about value engineering because the materials being shown were very expensive. This was the kind of project the CRA wanted, but he would expect to see the same materials in the completed project. He counted on the Planning Department to see that this happened. The developer responded the owners were committed as a group to making the project as designed and Planning staff was also holding them to their design and materials. Ms. Heavilin asked about the staff comment on the landscaping slightly exceeding the minimum requirements and wondered whether that was acceptable. Mr. Breese responded there were no conditions of approval pertaining to landscaping, but in many instances they did not have much room to landscape or they did it heavily around the corner of the building where they would also have art in public places. They proposed a sculpture of Hemingway sitting on a bench with one of his cats. When Ms. Heavilin asked about having more landscaping on S.E. 23rd Avenue as a buffer, the response was they did not want to hide the architecture with too much landscaping. Their intentions were to buffer the east and south sides of the property as much as possible and go above and beyond requirements on the north and west, proposing a six-foot high privacy wall with landscaping backed up against it. Ms. Horenburger liked the look, the 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 colors, the softness, and the art, which would be an attraction for people driving by on Federal Highway. Mr. Sims liked it but echoed Mr. DeMarco's comments about S.E. 23rd Avenue and the traffic conditions in that area. He hoped the road improvements were planned for the very near future. Mr. Cohen responded they had lost five feet of their property due to the County and City plan to widen S.E. 23rd Avenue. Ms. Horenburger asked staff if there was going to be any widening of that road. She thought this was the City's portion of Golf Road and that it changed at Congress Avenue. Mr. Breese thought the County had the right-of-way to Federal Highway and the developer had committed to a five-foot dedication to the County for future improvements. No improvements were on the books today, but having the additional right-of- way might further the effort. Chair Tillman asked if it were in the five-year, ten year, or any plan. Mr. Breese indicated it was not yet on a road building plan. A representative of the developer came to the podium and said they had met with the County and the developer promised to do some drainage and right of way improvements along S.E. 23rd Avenue. They would be doing this before getting a permit for underground infrastructure. He thought it would be in the near future. Chair Tillman opened the floor to the public to speak. Flynn Holland, local resident, asked for a description of the setback from the roadways. She also asked if there would be a swale or walk for the public next to the building. Also, she asked where the extra parking was for family and friends. Mr. Breese responded the extra parking was inside and there would be no parking on the roads. The setbacks from the road were 10 feet with a 5-foot public sidewalk within the right-of-way, not on the property. Ms. Holland thought this would be extended for the road and the sidewalk would be lost. Mr. Breese stated the applicant was responsible for the sidewalk associated with this project. Mr. Cohen commented the sidewalk would be five feet off the property line. Currently, the sidewalk goes down the site a third of the way, and stops and there is no sidewalk on the north side of S.E. 23rd Avenue. Their improvements would bring a sidewalk that goes along the entire length of the project. This would be a catalyst for the next project, who could tie onto that sidewalk. Mr. Cohen noted there would be a sidewalk, landscaping, a fence, and more landscaping. Chair Tillman closed the floor when no one else came forward to speak. Motion Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. Ms. Heavilin seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Mr. Myott moved to approve the request to rezone from Community Commercial and Neighborhood Commercial to Infill Planned Unit Development at 20 units an acre. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on 1.25 acres zoned 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 IPUD, incorporating Mr. Myott's comments, especially in regard to value engineering, and the caveat to hold them to exceeding the landscape requirements. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Vice Chair Norem moved to approve the request for height exception of four feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. Ms. Horenburger seconded the motion that passed 6-1, Mr. DeMarco dissenting. F. Post Office Easement Abandonment Description: Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esq. Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. 1. Project: Agent: Owner: Location: Ed Breese presented the report on behalf of Planning & Zoning staff. He explained this easement was right across from City Hall. The U.s. Post Office building was constructed over a 3' unused utility easement located at the western boundary of the site. The agents are requesting abandonment of the easement. The public utilities and City departments have no utilities within the subject easement and have no objection to the abandonment of the utility easement. Mr. Breese said that the comment in the staff report about having to wait for a response from Florida Public Utilities could be disregarded since they had now responded. As such, staff recommended approval. The board members expressed support of the project when asked. Jason Mankoff, Weiner & Aronson, was available to answer questions. Chair Tillman opened the floor to the public for comment, and closed it when no one came forward. Motion Vice Chair Norem moved to approve the request to abandon a three-foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet. Mr. DeMarco seconded the motion. Ms. Horenburger asked if the deletion of the comment about waiting for a response from Florida Public Utilities could be included in the motion and Vice Chair Norem and Mr. DeMarco agreed. The motion passed 7-0. 17 Sl\1"Y 0"" , " .. . "" . . \ t . \ III \ . . '. l:r 0\ .... ... . If) ,J>~ '''-c .- .../~\"" ~ -- -- ~ Ii ON t;) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VIII. - PUBLIC HEARING ITEM J Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) D April IS, 2006 April 3. 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2. 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) D May l6, 2006 May],2006 (Noon) D July IS, 2006 July 3, 2006 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda ~ Public Hearing D Bids D Announcement D City Manager's Report D Development Plans o New Business D Legal D Unfinished Business D Presentation ........; ;:::~ "0 :J: RECOMMENDA nON: Please place this request on the July 5, 2006 City Commission Agenda under Public Hearing with the corresponding items for land use amendment and rezoning and height exception approval. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13,2006, with the added conditions to include further architectural enhancements of the gable ends of the units abutting Federal Highway and the increase of landscaping along both Federal Highway and SE 23'd Avenue. Staff recommends that this item be heard in conjunction with the land use amendment and rezoning and height exception but tabled to the July 18th meeting for final action to follow ordinance approval. For further details pertaining to the request, see attached Department Memorandwn No. 06-092. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Hemingway Square (NWSP 06-007) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC / Robert Vitale (Managing Member) 2319 South Federal Highway, northwest comer of SE 23'd A venue and Federal Highway Request for new site plan approval for the construction of 2 I townhomes, recreational amenities and related site improvements on 1.25 acres zoned IPUD. PROGRAM IMPACT: N/A ~SCALIMPACT: N/A ALTERNATIVES, N/A I) /7 DovelOP~e ~ ~rure ~ 4~ /" Planning and Zoning D6-ector City Attorney / Finance / Hwnan Resources S:\Planning\SHARED\WP\PROJECTS\Hemingway Square\NWSP\Agenda Item Request Hemingway Square NWSP 06-007 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-092 STAFF REPORT THRU: Chair and Members Community Redevelopment Agency Board and City Commission Michael Rump~ Planning and Zoning Director TO: FROM: Kathleen Zeitler {(..Z- Planner DATE: June 6, 2006 PROJECT NAME/NO: Hemingway Square / NWSP 06-007 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 2319 South Federal Partners, LLC Applicant: Robert Vitale, 2319 South Federal Partners, LLC Agent: Garcia Stromberg Architecture, Inc. / Mark Cohen, Associate Location: At the northwest corner of the intersection of South Federal Highway and SE 23rd Avenue (see Location Map - Exhibit "AfT) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Neighborhood Commercial (C-2) and Community Commercial (C-3) Proposed land Use: Special High Density Residential (SHDR - max. 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 21 fee-simple townhouse units at 16.8 dwelling units/acre Acreage: 1.25 acre (54,526 sf) Adjacent Uses: North: To the north, property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) but occupied by a single-family residence. To the northwest, property designated High Density Residential (HDR max. 10.8 du/ac) and zoned Multi-Family Residential (R- 3) but occupied by a single-family residence on SE 4th Street; Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 2 South: East: West: Right-of-way for SE 23rd Avenue, and farther south property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) currently occupied by a Sunoco gas station. To the southwest, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD) currently being developed as Coastal Bay Colony, a 64 unit townhouse development; The right-of-way of Federal Highway, then property designated Special High Density Residential (SHDR) and zoned Multi-Family Residential (R-3) developed as Tuscany on the Intracoastal, a condominium complex; and, Property designated as Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), currently occupied by a single-family residence with frontage on SE 23rd Avenue. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Features: Proposal: The subject property, located in Study Area V of the Federal Highway Corridor Redevelopment Plan, currently has 140 feet of frontage on South Federal Highway and 360 feet of frontage on SW 23rd Avenue. The property is comprised of Lots 1 _ 5, Robinson's Addition (Plat Book 23, Page 144) which total 1.25 acre. Previous land usesl?n these parcels included a furniture store (Baker's Furniture), a medical office, and'a single-family home. All structures on site from the previous uses have been demolished. Several utilities are located near the intersection at the southeast comer of the site. BACKGROUND Garcia Stromberg Architecture, Inc., agent for the applicant, is proposing a new master plan / site plan for 21 fee-simple townhouse units. The applicant is simultaneously requesting a land use plan amendment to Special High Density Residential (SHDR) and rezoning to Infill Planned Unit Development (IPUD). The property is part of Study Area V of the Federal Highway Corridor Redevelopment Plan and, as such, would be eligible for the Special High Density Residential (SHDR) land use classification, which allows a maximum of 20 dwelling units per acre. Fee- simple townhouses are a permitted use in the IPUD zoning district. Under the Special High Density Residential land use category, the allowable project density, based on the acreage of the subject property, would be a maximum of 25 dwelling units (20 units per acre). The project proposes a total of 21 dwelling units, which equals a lesser density of 16.8 dwelling units per acre. The entire project would be built in one (1) phase. Approval of this project is contingent upon the approval of the corresponding requests for a land use amendment and rezoning (LUAR 06- 006). Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 3 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project meets the Traffic Performance Standards. However, the approval stipulates that no building permits for the project are to be issued by the City after the project's build-out date of 2009. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (projected water demand is estimated to be 9,030 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 4,064 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "C" - Conditions of Approval). Policel Fire: Staff has reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The applicant has obtained school concurrency approval from the School District of Palm Beach County confirming that adequate capacity exists to accommodate student residents of the proposed 21 dwelling units. Vehicular Access: The project proposes access only from SE 23rd Avenue: one (1) main point of ingress / egress, and an alternate point of ingress / egress for emergencies only. Only the alternate emergency access would be gated. No vehicular access is proposed from South Federal Highway. Circulation: The two-way streets internal to the development will be privately-owned streets which provide primary vehicular circulation internal to the development. Dedication: The applicant is required to dedicate to Palm Beach County a five (5) foot strip of land along the south property line adjacent to SE 23rd Avenue for future right-of- way and a 25 foot by 25 foot corner clip at the intersection (see Exhibit "C" - Conditions of Approval). The plans presented have been revised to reflect this, Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 4 resulting in a reduced internal street width of 36 feet (of which 22 feet is paved). Street Width: Per the IPUD zoning district regulations, privately-owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with right-of-way and pavement widths less than the minimum PUD requirement of 40 feet, however in no case shall health, safety, and / or welfare be jeopardized. These roads are for the use by residents and service providers alike. Solid waste pickup would be roll-out curbside service for each unit, rather than a centralized trash dumpster, therefore large garbage trucks will be required to maneuver and circulate throughout the proposed development. The proposed plans have been reviewed by the Engineering Division for compliance with City standards for IPUD zoning, including internal street width, utilities within those streets, and safe sight distances. The Engineering Division has determined that the 36 foot street width is acceptable and the plan is in compliance with the City's requirements. Setbacks: The proposed plan indicates a 10 foot building setback around the perimeter of the proposed project. The IPUD zoning district has no specific minimum building setback requirements, except that "perimeter setbacks shall mirror setbacks of adjacent zoning district( s) but with a minimum of the setback required for a single- family residence, as determined by the orientation of structures in the IPUD". Coastal Bay Colony, a townhouse development to the south, has a 10 foot setback from the SE 23rd Avenue right-of-way. The proposed setbacks of 10 feet are consistent with other townhouse developments along the Federal Highway Corridor. Generally, a ten (10) foot setback is provided around the perimeter of the development to accommodate privacy fencing, landscape buffers, and outdoor air conditioning equipment, as well as to provide some open yard for the benefit of the respective residents. The rear yards of these units would contain a patio slab and air conditioning equipment within the setback area. Parking: The project proposes a total of 21 townhouse units (all 3 bedrooms) with a community pool and cabana. Three (3) bedroom dwelling units require two (2) parking spaces per unit. The project provides a total of 47 parking spaces, including five (5}off-street parking spaces near the pool with one (1) of the spaces designated for handicapped use. The site plan shows that 18 units would have a two (2)-car garage (Models "A", "C" and "0"), and the remaining 3 units would have a one (l)-car garage (Model "B"). The first floor plans show that each one (l)-car garage would be dimensioned 10 feet in width and 20 feet in depth, and each two (2)-car garage would be dimensioned 18 feet in width and 20 feet in depth. The driveway for each one (1)- car garage will provide the additional parking space required for those units. Combining the garage spaces and driveway spaces, each unit will have the minimum requirement of two (2) parking spaces per unit. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include wheelstops. All proposed Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 5 parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Landscaping: The tree survey (sheet TS-1) indicates the site currently contains 5 trees. The species of existing trees are as follows: Mahogany, Sabal Palm, Sabal Palm with Strangler Rg, and Mango. However, none of the trees would be preserved in place. Out of the 5 total trees, 4 of them would be relocated elsewhere on-site. The mango tree (total of 24 caliper inches) will be removed and mitigated by planting 3 additional Sabal Palms of the same caliper inches. All relocated trees and mitigation trees will be located along the north property line. The site plan indicates that 37.2% of the site would be pervious consisting of landscaped and open space areas. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet L-1) indicates the landscape plan would provide a total of 45 canopy trees, of which 26 (or 58%) would be native species. The plant list indicates that 56 (or 64%) of the 87 palm trees would be native species. Also, the landscape plan indicates a total of 1,363 shrubs, of which 701 (or 51%) would be native. The landscape plan notes indicate that non-potable w_ater will be used as the source of irrigation for the project. If potable water is used, the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system (see Exhibit "C" - conditions of approval). The amount of landscaping provided will slightly exceed the minimum requirements to achieve the tropical Key West theme. The landscaping provides a complimentary mix of canopy and palm trees such as Mahogany, Live Oak, Glaucous Cassia, Florida Royal Palm, Green Malayan Coconut Palm, Sabal Palm, and Winin Palm. All trees would be the required minimum of 12 feet in height at time of planting. All common areas located outside individual fee-simple lots would be under the control of the Homeowner's Association to ensure proper maintenance of the landscaped areas. The landscape plan presented indicates a five (5) foot perimeter buffer. The perimeter landscape buffer, including the fencing located along the boundaries of the project will be separate from the fee-simple townhouse lots, and will be platted as a separate tract to be maintained by the Homeowner's Association. The landscape plan shows that this buffer would consist of a 6 foot concrete privacy fence/wall along the property line, with Live Oak, Sabal Palm, and Mahogany trees and a hedge of Silver buttonwood located on the interior. The trees would be installed approximately every 20 feet. Also, a perimeter white aluminum rail picket fence five (5) feet in height with decorative stone columns is proposed along the south and east property lines adjacent to the rights-of-way. Pedestrian circulation is proposed by sidewalks along the internal street system, Federal Highway, and SE 23rd Avenue. Each unit adjacent to Federal Highway or Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 6 SE 23rd Avenue would have pedestrian access from the back yard through individual rear gates opening onto the sidewalks within those rights-of-way, to allow for pedestrians to engage the street. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district and develop at a density of less than 17 dwelling units per acre. The maximum density allowed by the requested Special High Density Residential land use classification is 20 dwelling units per acre. The 21 dwelling units are proposed within 4 separate buildings on the 1. 25-acre site. Each building would contain a varying number of dwelling units, ranging from four (4) units to seven (7) units per building. The floor plans propose several townhouse models of various sizes. Typically, models are three (3) stories and include three (3) bedrooms and a two-car garage. Only three units located at the northwest corner of the project will be two (2) stories, with a one-car garage. Models A, C, and D consist of 18 units, and Model B consists of 3 units. Each of the models A, C, and D are three (3) stories with 3 bedrooms and a two-car garage. Models C and D also include an optional floor plan with options such as an elevator and fireplace. Model A will have 2,177 square feet of air conditioned living space, and a total unit area of 2,607 square feet. Model C will have 2,483 square feet of air conditioned living space, and a total unit area of 3,000 square feet. Model D will have 2,544 square feet of air conditioned living space, and a total unit area of 3,130 square feet. Model B is 2 stories with 3 bedrooms and a one-car garage and will have 1,412 square feet of air conditioned living space, and a total unit area of 1,786 square feet. No individual swimming pools or screened enclosures of patios or balconies are proposed (or allowed) and would be noted as such on final plans and within the Home Owners Association documents (see Exhibit "C" - Conditions of Approval). The IPUD zoning district allows buildings to reach a maximum height of 45 feet. The elevations show the buildings would be two (2) to three (3) stories in height, the tallest of which would be 45 feet at mean roof height, and 48 feet 8-inches at the highest point of the proposed chimneys. The applicant has requested a concurrent height exception of four (4) feet to allow the chimneys (see HTEX 06- 006). The IPUD zoning district requires a minimum of 200 square feet per dwelling unit to be provided for usable open space areas. The site plan indicates a total of 4,200 square feet (21 x 200) is required, and 4,316 square feet of usable open space is provided. The main recreation area would include a swimming pool and a cabana building with a restroom, and covered bar area for the use of the residents and their guests. The white one-story pool cabana building of 394 square feet is designed to match the architecture and building materials of the residential buildings. A vine-covered Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 7 trellis with benches would be located at the edge of the coquina paver pool deck. The fencing around the pool is consistent with the white aluminum rail picket fencing proposed throughout the project. Residents of each unit would receive their mail at a mailbox kiosk located at the pool cabana building. Design: All proposed structures on site will resemble the Key West style architecture with textured stucco finish, covered porches, siding with trim, decorative cupolas and wooden outlookers, Bahama shutters, balconies, and standing seam metal roofs. The elevations indicate the use of natural stone veneer, decorative carriage-style garage doors, and trellises above many of the entry doors, rear balconies, and garage doors. The project proposes four (4) residential buildings, each with a separate pastel color consisting of the following Pittsburg paints: Color code # 406-3 LRV 59 Paint Name Lime Light Color Light Green Location Building 1 walls / siding # 151-2 LRV 74 Fond Farewell Light Blue Building 2 walls / siding # 115-3 LRV 82 Shiny Silk Light Yellow Building 3 walls / siding # SW 6632 Neighborly Peach Light Peach Building 4 walls / siding # SW 700-5 LRV Pure White 80 White Pool cabana building, trim on all buildings, all patio and balcony metal railings, picket fences and privacy walls # R 60-E 78 N/A Silver Metallic Standing seam metal roof on all buildings Natural N/A Light Brown Stone veneer on front, sides of Buildings 1-4, and rear of Buildings 3-4 Lighting: The photometric plans (sheet A-lo1O) proposes two (2) types of outdoor freestanding lighting fixtures, as well as two (2) types of outdoor wall mounted lighting fixtures. All the decorative lighting proposed would be made of aluminum to match the standing seam metal roofs, and would also match the Key West style architectural features of the buildings. The freestanding pole fixture would be 15- feet in height and located at both the main entrance and the emergency-only exit and near the pool and recreation parking area. The other type of freestanding fixture is approximately two (2) feet in height and would light walkways, common areas and landscaped areas throughout the development. All proposed lighting will be shielded to direct light down / away from adjacent properties and rights-of-way. Staff Report - Hemingway Square (NWSP 06-007) Memorandum No PZ 06-092 Page 8 Signage: Per the site plan (Sheet A-lo01) and landscape details (Sheet LP-5), two project entry signs are proposed: one sign located to the west of the main entrance on SE 23rd Avenue, and one sign near the intersection. Both signs will be one-sided wall signs which will be incorporated into the design of the 5 foot perimeter fencing with stone veneer columns. The sign elevations indicate that each sign face will comply with the maximum sign face area of 32 square feet per sign. The sign will have a script font in brass letters which identify Hemingway Square. Art: The newly adopted requirement for development to provide public art work is proposed on site in a creative way. The artwork is a bench which includes a bronze statue of Ernest Hemingway sitting with a cat. The art is located near the intersection in a heavily landscaped area with a paver walkway that is one of the usable open space areas provided for the residents to enjoy. This charming artwork will enhance the Key West ambiance of the proposed townhouse development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. SUMMARY: The Infill Planned Unit Development district standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. The IPUD zoning district regulations state the following: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of 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 expressed in the proposed development plan." The site/master plan design standards exceed the basic development standards for conventional residential zoning districts in terms of site design, building architecture, amenities, and landscape design. RECOMMENDATION: Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented. If this request is approved, it is contingent upon the approval of the request for land use amendment / rezoning (LUAR 06-006), and subject to 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. 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[ 1 7,93' N 05'28'40" E ~~ I SOUTH F~::,~,::.~HIGHWAY ~~ ____~ ~T"oAowAY [;> --~~ ~1 ~~ I j 2J 19 SOUTH FEDERALHIOHWAY BOYNTON BU FLCIUDA ~~ -~,--- --'I I i i I ~ .......... ___w: W11W I_AVlJfUE CORALSPRlNOS FLORIDA "OO '....;;;;: I t 11I11 III Q 0 0 e -M . G . . i 0 0 0 . I~ II jij IQ 'I j:l I~ .. ~R I'~ .' ij~ .~ ~ ~f ,r ~f f If. If ~f f~Jr If ~Ir ~f ~ ' I "I ~ ~, \1'1 ' '~'I f 1 ~J ~ f j I 'I Ii i' " 'I " I I if It', d!f~ll r f ~ :1 I !1 I ~ I f J f I i . t i t iN R i , ~ ~ . . . . . E . , ~ ~ o Il . 011 . j ~ f ~ i ~ , ~ . , I I = ~ ;; I ~ ;; I!l . t . 1-1 * -10 0 0 0 0 0 e 0 IB .J il II~ I.'I~ 1= I~ I' I' ~l is j~ r J ;;[ n U cl !I 4 oJ ~I n If ~J .f I ~l ~" iI ~f ~l ~I ~f ~ t h ~I ~l [ rl ~ I f' f { I : ~ n J r I !f n 1 r J J f 1 ~r M i If f r I r rm;m:Hiiitt iii . , , ij I ~ ~ q ~ j III II . II f J ~ ;; . ~ ! ! 5 . ~ 5 : ! -, ~ . ;; I! t ! ~ I . :~! :~~ EBz 'II f' P f! il;~r~r 'I ~ ,. PIEE I I ~ .!I ~ I EXHIBIT -B- ural" ~ "11' i ,mf'l~~ J~ It, ";1 IIi tf/ ~61 1 it~~ ~r ~ Ii ~ II~~ ~ 11 rn r- ': ~S1 25 ~ ~ rn t ~ij -" --l 0\11 . 0 m i~ o ..." "'0 ,,, 0", o \; ~ F ~ S1 ~~ ~~ ~ m q U\ ~ - ~ IJ c. ~ l! '1 ~ i I ~~ ,"1 o~ ~ ~ ~ ~ o;}-~ - " - )0 . -l i' 0 q z I OJ I q r !! Illr~~~ I ~ I r-PJEE~i I ... !.I Q~ I /rig IliU IIi i '1IIUfi llill; l~ It ~I ~IJ ~ II I'![ I 2'~ r oli j" K J EXHIBIT -8- I! Ii i ~ ~ ~ IJ~ tr Iii E ;'6" I ~ EXHIBIT "C" Conditions of Approval Project name: Hemingway Square File number: NWSP 06-007 Reference: 4th review plans identified as a New Site Plan with a May 26, 2006 Planning & Zoning date stamQ marking , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Traffic Comments: 1. Dedicate five (5) feet of right-of-way along the south property line (north right- X of-way ofSE 23Td Ave) to Palm Beach County (to be finalized at the time of platting). 2. Dedicate a twenty-five (25) foot by twenty-five (25) foot right-of-way "comer X clip" at the intersection of Federal Hwy (US 1) and SE 23Td Ave to the Florida Department of Transportation (FDOT) (to be finalized at the time of platting), 3. Provide written documentation from the FDOT that no additional right-of-way X will be required to be dedicated along Federal Hwy (east property line of Hemingway Square). 4. The minimum right-of-way width for a PUD (as designated on the plan Cover X Sheet) is 40-ft. (LDR, Chapter 2.5, Section 9.F.) Please provide appropriate right-of-way widths for all internal roadways and/or make a written request for reduced width, including justification for the request. 5. Provide an evaluation of sight distance for backing out of garages and provide X an opinion from the Engineer-of-Record regarding the relative safety of this movement within the limited right-of-way available. ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance ofthese plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. DEP ARTMENTS INCLUDE REJECT 8. Upon satisfactory Commission approval of the Site plan, the applicant shall X I enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 9. FuIl Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 10. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. AIl engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 11. Palm Beach County Health Department permits will be required for the water X I and sewer systems serving this project (CODE, Section 26-12). I 12. Fire flow calculations will be required at the time of permitting demonstrating X the City Code 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)). 13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 14. Water and sewer lines to be owned and operated by the City shaIl be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shaIl be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 15. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. L-~~ DEPARTMENTS INCLUDE REJECT 16. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. 17. Provide water main modeling/calculations demonstrating the adequacy of the X proposed 6-inch water main to handle domestic demand, sprinklering demands, and hydrant demands for the project. 18. Correct easements to reflect the boundaries to the point of service (water X meter or sewer cleanout). 19. Provide a minimum ten (10) foot separation between water main and storm X sewer and between sanitary sewer and storm sewer in accordance with City of Boynton Beach Utility Standards. FIRE DEPARTMENT Comments: 20. Add fire hydrant to center lane of development (in addition to existing X hydrants). Provide hydraulic calculations using a flow test of not less than 1500 gpm@20 psi. Buildings shall not be more than 200 feet from a hydrant. All hydrants shall be operable prior to vertical construction. PARKS AND RECREATION Comments: 21. Park Impact Fee - 21 single-family attached units @ $771.00 per unit = X $16,191 to be paid prior to issuance of first permit. BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. , II DEPARTMENTS INCLUDE REJECT 23, Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302,2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704,8 or 2004 FBC, Residential, Section R302.2, 24, 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 2004 FBC, Section 1609 (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, 25. Every building and structure shall be of sufficient strength to support the loads X and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1, Indicate the live load (pst) on the plans for the building design. 26. Buildings three-stories or higher shall be equipped with an automatic sprinkler X system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 27. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 28. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply, 29. Bathrooms and kitchens in the covered dwelling units shall comply with the X FFHA, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 30. If an accessible route has less than 60 inches clear width, then passing spaces X at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passing place. 2004 FBC, Section 11-4.3.4. -~ 31. A water -use permit from SFWMD is required for an irrigation system that utilizes X water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216 DEPARTMENTS INCLUDE REJECT 32. If capital facility fees (water and sewer) are paid in advance to the City of Boynton X Beach Utilities Department, the following information shall be provided at the time ofbuilding permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article IT, Sections 26-34) 33. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 34. At time of building permit application, submit verification that the City of Boynton X Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 35. 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. 36. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 37. The individual elevators within the units now classifY the units as "covered X dwelling units" and shall comply with the requirements of the FFHA Act. See attachment regarding installation of elevators. I II DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING -- Comments: 38. All project utilities along the rights-of-way of Federal Highway and SE 23'd X A venue are required to be located underground or screened. 39. To enhance the Key West theme, provide pergolas above some garage doors X and large potted bougainvillea or other climbing and/or flowering vines on each side of garage door of units where space is available for this decorative feature. 40. No individual swimming pools, screened enclosures, or modifications to X patios or balconies are allowed. This restriction shall be required to be specified as such within the Home Owners Association documents. 41. The development as an IPUD shall be under common ownership or unified X control, so as to ensure unified development. 42. The applicant shall be required to provide minimum building setbacks often X (10) feet from all perimeter property lines, consistent with previous IPUD developments. 43. Revise plans to remove perimeter landscaping from the fee-simple lots, and X plat as a separate buffer tract which is common area to be maintained by the Homeowner's Association. 44. If potable water is used, the use of drought tolerant plant species (per the X South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conserving designs (such as a drip system), where possible. 45. The subject property to be developed lies within just outside a hurricane X evacuation zone. The developer shall provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters, through the established Homeowner's Association. 46. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. CRA STAFF Comments: None X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: I DEPARTMENTS INCLUDE REJECT Comments: 47. Further architectural enhancements of the gable ends of the units abutting X Federal Highway. 48. Additional landscaping along Federal Highway and SE 23rd Avenue. X CITY COMMISSION COMMENTS: Comments: 1. To be determined. S :IPlanningISHAREDI WPIPROJECTSIHemingway SquareINWSPICOA. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hemingway Square APPLICANT: 2319 South Federal Partners, LLC (Robert Vitale, Managing Member) APPLICANT'S AGENT: Garcia Stromberg Architecture, Inc. / Mark Cohen, Associate AGENT'S ADDRESS: 6413 Congress Avenue, Suite 130, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 21 fee-simple townhouse units on a 1.25-acre parcel in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SW 23rd Avenue (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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\SIIARED\ WP\PROJECTS\Hemingway Squarc\NWSP 06-007\DO _ doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 town homes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staff's recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myatt recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingway Square Land Use Amendment/Rezoning lo Project: Agent: Owner: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Location: Description: 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 proposed use: Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (IPUD), 20 dus/acre Multi-family development (21 units at 16,8 dus/acre Hemingwav Sauare New Site Plan Description: Hemingway Square (NWSP 06-007) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway Request for new site plan approval for the construction of 21 townhomes, recreational amenities and related site improvements on lo25 acres zoned IPUD. 2. Project: Agent: Owner: Location: Hemingway Sauare Height Exception Location: Hemingway Square (HTEX 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway 3. Project: Agent: Owner: Descri ption: Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet Ed Breese, Principal Planner, asked for board approval to discuss all three parts of the Hemingway Square project at one time and the board concurred. Mr. Breese commented this project was to take the place of the former Baker Furniture property on the northwest corner of South Federal Highway and S.E. 23rd Avenue. Staff recommended approval of the land use amendment/rezoning based on being consistent with the goals and objectives of the Comprehensive Plan, the intent of the Federal Highway Corridor Community Redevelopment Plan, would not create additional impacts on infrastructure, and would contribute to the overall economic development of the City. Mr. Breese displayed the site plan, which would have 21 fee simple townhomes at a gross density of 16.8 dwelling units per acre. The four proposed buildings consist of four to seven units each and are three stories tall with one building being a combination of two and three stories. The architectural style was Key West with ship lath siding, aluminum roofs, and barn 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 style doors. The building chimneys accounted for the four-foot height exception request and staff concurred with it. Staff recommended approval of the land use amendment/rezoning, the site plan, and the height exception. Mark Cohen, Garcia Stromberg Architecture, Inc., displayed a PowerPoint presentation and reviewed the site plan characteristics. He showed extensive landscaping in front of the units, especially on the south side, to buffer out traffic and noise. They had lowered the units to be more in keeping with the adjacent single-family residences. The colors were vibrant pastels. Building #3 that would front on Federal Highway was a vibrant pastel yellow in color. Mr. Myott questioned the fence materials and was informed it would be aluminum or some type of Fiberglas to imitate wooden material. The mean roof height was 45 feet and they had applied for a height exception of three feet two inches to accommodate the chimney. Ms. Horenburger asked about entrances and exits on S.E. 23rd Avenue. Mr. Cohen responded there was only one entrance and it was off of S.E. 23rd Avenue close to the western end of the parcel. A secondary ingress/egress for emergencies only was located on S.E. 23rd Avenue near the east side of the project. Ms. Horenburger asked about recreation amenities and was told there was a pool to the northwest side of the property with five parking spaces, including handicapped. Mr. DeMarco indicated that was a very busy corner and S.E. 23rd Avenue was a very narrow street. He was concerned about the current traffic situation and was not pleased about adding more traffic to the area. He contrasted the proposed ten-foot setback with the larger setback with plants and trees at Tuscany across the street and thought the buildings would not be attractive. He also believed that 21 units on a little over an acre was too much. He could not vote in favor of it. Mr. Cohen stated the County and City had plans to widen S.E. 23rd Avenue to give more space between traffic and buildings, which would allow more buffering. The applicant's plans were in compliance with the required setbacks for an IPUD. They planned to make an extra effort with their landscaping to compensate for the setback. Mr. Myott did not agree with Mr. DeMarco, saying the project was unique and quite well done, but it did have a great deal compressed into one site. He wanted to see more detail on the gable of Building #1 that you would see when driving south on Federal Highway. He was also concerned about value engineering because the materials being shown were very expensive. This was the kind of project the CRA wanted, but he would expect to see the same materials in the completed project. He counted on the Planning Department to see that this happened. The developer responded the owners were committed as a group to making the project as designed and Planning staff was also holding them to their design and materials. Ms. Heavilin asked about the staff comment on the landscaping slightly exceeding the minimum requirements and wondered whether that was acceptable. Mr. Breese responded there were no conditions of approval pertaining to landscaping, but in many instances they did not have much room to landscape or they did it heavily around the corner of the building where they would also have art in public places. They proposed a sculpture of Hemingway sitting on a bench with one of his cats. When Ms. Heavilin asked about having more landscaping on S.E. 23rd Avenue as a buffer, the response was they did not want to hide the architecture with too much landscaping. Their intentions were to buffer the east and south sides of the property as much as possible and go above and beyond requirements on the north and west, proposing a six-foot high privacy wall with landscaping backed up against it. Ms. Horenburger liked the look, the 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 colors, the softness, and the art, which would be an attraction for people driving by on Federal Highway. Mr. Sims liked it but echoed Mr. DeMarco's comments about S.E. 23rd Avenue and the traffic conditions in that area. He hoped the road improvements were planned for the very near future. Mr. Cohen responded they had lost five feet of their property due to the County and City plan to widen S.E. 23rd Avenue. Ms. Horenburger asked staff if there was going to be any widening of that road. She thought this was the City's portion of Golf Road and that it changed at Congress Avenue. Mr. Breese thought the County had the right-of-way to Federal Highway and the developer had committed to a five-foot dedication to the County for future improvements. No improvements were on the books today, but having the additional right-of- way might further the effort. Chair Tillman asked if it were in the five-year, ten year, or any plan. Mr. Breese indicated it was not yet on a road building plan. A representative of the developer came to the podium and said they had met with the County and the developer promised to do some drainage and right of way improvements along S,E. 23rd Avenue. They would be doing this before getting a permit for underground infrastructure, He thought it would be in the near future. Chair Tillman opened the floor to the public to speak. Flynn Holland, local resident, asked for a description of the setback from the roadways. She also asked if there would be a swale or walk for the public next to the building. Also, she asked where the extra parking was for family and friends. Mr. Breese responded the extra parking was inside and there would be no parking on the roads. The setbacks from the road were 10 feet with a 5-foot public sidewalk within the right-of-way, not on the property. Ms. Holland thought this would be extended for the road and the sidewalk would be lost. Mr. Breese stated the applicant was responsible for the sidewalk associated with this project. Mr. Cohen commented the sidewalk would be five feet off the property line. Currently, the sidewalk goes down the site a third of the way, and stops and there is no sidewalk on the north side of S.E. 23rd Avenue. Their improvements would bring a sidewalk that goes along the entire length of the project. This would be a catalyst for the next project, who could tie onto that sidewalk. Mr. Cohen noted there would be a sidewalk, landscaping, a fence, and more landscaping. Chair Tillman closed the floor when no one else came forward to speak. Motion Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential. Ms. Heavilin seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Mr. Myott moved to approve the request to rezone from Community Commercial and Neighborhood Commercial to Infill Planned Unit Development at 20 units an acre, Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting, Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 21 town homes, recreational amenities and related site improvements on lo25 acres zoned 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 IPUD, incorporating Mr. Myott's comments, especially in regard to value engineering, and the caveat to hold them to exceeding the landscape requirements. Vice Chair Norem seconded the motion that passed 6-1, Mr. DeMarco dissenting. Motion Vice Chair Norem moved to approve the request for height exception of four feet to allow chimneys to exceed the maximum building height of 45 feet, for a total of 49 feet. Ms. Horenburger seconded the motion that passed 6-1, Mr. DeMarco dissenting. F. Post Office Easement Abandonment 1. Project: Agent: Owner: Post Office Easement (ABAN 06-007) Jason Mankoff, Weiner & Aronson Valley Land Corporation, c/o Curtis Shenkman, Esq. Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 13lo 00 feet. Location: Description: Ed Breese presented the report on behalf of Planning & Zoning staff. He explained this easement was right across from City Hall. The U.S. Post Office building was constructed over a 3' unused utility easement located at the western boundary of the site. The agents are requesting abandonment of the easement. The public utilities and City departments have no utilities within the subject easement and have no objection to the abandonment of the utility easement. Mr. Breese said that the comment in the staff report about having to wait for a response from Florida Public Utilities could be disregarded since they had now responded. As such, staff recommended approval. The board members expressed support of the project when asked. Jason Mankoff, Weiner & Aronson, was available to answer questions. Chair Tillman opened the floor to the public for comment, and closed it when no one came forward. Motion Vice Chair Norem moved to approve the request to abandon a three-foot wide easement located in Block 4 of the Boynton Heights Addition, extending south of Boynton Beach Boulevard a distance of 13loOO feet. Mr. DeMarco seconded the motion. Ms. Horenburger asked if the deletion of the comment about waiting for a response from Florida Public Utilities could be included in the motion and Vice Chair Norem and Mr. DeMarco agreed. The motion passed 7-0. 17 ~.\-..;.:_ .0,1>.- , ." , \ 1)1 \. r= ~,,~. /\V J- ~>:.::.,;__ ."~,_<><,, <;.. Y'" "O;~~'O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORty. VIII. - PUBLIC HEARING ITEM K Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20,2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) -- -- 0 May 2, 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) " 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) r~ r-;--. 0 Administrative 0 Development Plans "'~i , (---: NATURE OF 0 Consent Agenda 0 New Business ~~- AGENDA ITEM ~ Public Hearing ~ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject request be approved on June 13,2006. For further details pertaining to the request, see attached Department Memorandum No. 06-115. EXPLANATION: PROJECT: AGENT: Casa del Mar (LUAR 06-018) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density Residential (SHDR, 20 dus/per acre); and OWNER: LOCATION: DESCRIPTION: Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-family Residential (R-1AA) to InfIll Planned Unit Development (IPUD). Proposed use: Multi-family development (82 units at 19.95 dus/acre) PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIYES: r~ u~ City Manager's Signature Development De a ent Directo ~ 4ML ./ Planning and Zoning D~tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\LUAR\Agenda Item Request Casa del Mar LUAR 06-018 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY OCEAN BOULEVARD PROPERTIES, 8 LLC., AND LOCA TED AT 2632 NORTH FEDERAL 9 HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY 10 AND NORTH OF DEMICK ROAD; CHANGING THE 11 LAND USE DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC), HIGH DENSITY 13 RESIDENTIAL (HDR) AND LOW DENSITY 14 RESIDENTIAL (LDR) TO SPECIAL HIGH DENSITY 15 RESIDENTIAL (SHDR, 20 DUS/PER ACRE); 16 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 1 7 AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 22 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; and 25 WHEREAS, after two (2) public hearings the City Commission acting in its dual 26 capacity as Local Planning Agency and City Commission finds that the amendment 27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 28 the best interest of the inhabitants of said City to amend the aforesaid Element of the 29 Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated S:ICA IOrdinanceslPlanninglLand UselCasa del Mar.doc 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land located at 2632 North 5 Federal Highway, east side of Federal Highway and north of Demick road; changing the land 6 use designation from Local Retail Commercial (LRC), High Density Residential (HDR) and 7 Low Density Residential (LDR) to Special High Density Residential (SHDR, 20 dus/per 8 acre). 9 10 See Exhibit "A" attached hereto. 11 12 Containing: 179,130 square feet or 4.11 acres more or less, 13 14 Subject to easements, restrictions, reservations, covenants and rights of way of record. 15 16 1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 18 Future Land Use Plan shall be amended accordingly. 19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 20 Section 5: Should any section or provision of this Ordinance or any portion thereof be 21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 22 remainder of this Ordinance. 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 25 Land Development Regulation Act. No party shall be vested of any right by virtue of the 26 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 27 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA \Ordinances\Planning\Land Use\Casa del Mar.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this __ day of. ,2006. 3 SECOND, FINAL READING and PASSAGE this __ day of ~.. ,2006. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 Mayor ... Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner ..- Mack McCray Commissioner -. Muir C. Ferguson S:\CA \Ordinances\Planning\Land lJse\Casa del Mar.doc '------......J V . a 1 in. = 164.8 feet 01 010 E;j 0290 0080 0050 0060 -.. -..-.._.._.0_....... - ...-. '.-... .._.. _.. _.. _ .._.._ U_". -.._...._n_.._. __ u _ e. _.. _.... _ ..._...._.. _..._...._.. _ u _. ._.. _'" _ ."_" _ u C~" tt, iT' '\, ~r' "". 1/'""" -'~V I' ""'...f ._,~, _ ".-." ; / l_') ,~~~"c:' ~,: /-" 1250 50 0070 0990 1180 1160 11401120 1060 1030 EXHIBIT IfAIf_ CASA DEL MAR LOCATION MAP 1090 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF OCEAN BOULEVARD 6 PROPERTIES, LLC, AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND LOCATED 8 AT 2632 NORTH FEDERAL HIGHWAY, EAST OF 9 FEDERAL HIGHWAY AND NORTH OF DIMICK 10 ROAD AS MORE FULLY DESCRIBED HEREIN, 11 FROM COMMUNITY COMMERCIAL (C-3), 12 MULTI-FAMILY RESIDENTIAL (R-3), AND 13 SINGLE-FAMILY RESIDENTIAL (R-IAA) TO 14 INFILL PLANNED UNIT DEVELOPMENT (IPUD); 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 AND AN EFFECTIVE 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 said City; 20 and 21 WHEREAS, Ocean Boulevard Properties, LLC has filed a petition to rezoning a 22 parcel of land more particularly described hereinafter; and 23 WHEREAS, the City Commission, following required notice, conducted a public 24 hearing to consider the rezoning and heard testimony and received evidence which the 25 Commission finds supports a rezoning for the property hereinafter described; and 26 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 27 the Land Use described in the City's Comprehensive Plan; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Rezoning\Rezoning - Casa dcl Mar (Ocean Properties).doc Section 1. The foregoing Whereas clauses are true and correct and incorporated 1 2 herein by this reference. 3 Section 2. The following described land located at 2632 North Federal Highway 4 is hereby rezoned from Community Commercial (C-3), Multi-Family Residential (R~3), and 5 Single-Family Residential (R-I AA) to Infill Planned Unit Development (IPUD): 6 7 LOTS 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22, 8 23,24, LAKESIDE GARDENS PLAT BOOK 8, PAGE 57, 9 ACCORDING TO THE PLAT THEREOF ON IN THE 10 OFFICE OF THE CLERK OF CIRCUIT COURT IN AND 11 FOR PALM BEACH COUNTY, AND LOT 1, HULLS 12 SUBDIVISION, PLAT BOOK 2, PAGE 17, LESS AND 13 ACCEPT THE WEST 94 FEET FOR ROAD RIGHT - OF - 14 WAY OF STATE ROAD 5, ACCORDING TO THE PLAT 15 THEREOF ON IN THE OFFICE OF THE CLERK OF 16 CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, 17 TOGETHER WITH RIPARIAN RIGHTS THERUNTO 18 APPERTAINING. TOTAL AREA 179,130 SQUARE FEET 19 (4.11 ACRES) MORE OR LESS. AREA EAST OF THE 20 SEAWALL 5,318 SQUARE FEET (0.12 ACRES) MORE OR 21 LESS. 22 23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 24 reference. 25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 27 repealed. 28 Section 5. Should any section or provision of this Ordinance or any portion thereof 2 9 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 0 remainder of this Ordinance. 31 Section 6. This ordinance shall become effective immediately upon passage. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Casa del Mar (Ocean Properties).doc 1 FIRST READING this ~ day of ,2006. 211 SECOND, FINAL READING and PASSAGE this ~ day of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Casa del Mar (Ocean Properties ).doc ,2006. ... 1 in, = 164.8 feet co 0050 B 01tj 0080 ~ ~ - ..-..-...-... -.. -..... u -.. -. ..-. ~ ..-.. - ..-. ._.._.._ .._.. _. O_.._n_.. _.._.. _.. _...... _.. __"_'0 _. __.. _n_ .._ u _.. __0 _ ..._. _.. 0010 SITE 0220 0250 0010 0080 1200140 0160 0200 0280 0310 ! 0550 0400 0331 0520 0480 04600440 0350 0380 0900 0920 700 0720 0760 0780 0810 0840 0860 0950 _.C;~;;< (' . '. , . J '\. __. /1_ , > t:"j~0 I. J ..... '~') ~ 50 1250 1180116011401120 1 1090 0070 0990 1060 1030 "v-/ 0060 EXHIBIT "A"- CASA DEL MAR LOCATION MAP TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-115 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Kathleen Zeitler J!2 Planner II . ~vy Michael W. Rumpf Director of Planning and Zoning June 6, 2006 Casa del Mar / LUAR 06-018 Amend the Future Land Use designation from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) to Special High Density Residential (SHDR); and Rezone from Community Commercial (C-3), Multi- Family Residential (R-3), and Single-Family Residential (R-1AA) to Infill Planned Unit Development (IPUD). Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: PROJECT DESCRIPTION Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member) Lancore Nursery, LLC (Merv McDonald, Managing Member) / Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. 2632 North Federal Highway (see Location Map - Exhibit "A") 4.11 acres (179,130 sf) Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA) Special High Density Residential (SHDR) (max. 20 units/acre) Infill Planned Unit Development (IPUD) Page 2 File Number: LUAR 06-018 Name: Casa del Mar Proposed Use: 42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre) Adjacent Uses: North: To the north, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for 30 town homes and 40 condominiums at a density of 19.94 dwelling units per acre (forthcoming Peninsula at Boynton Beach project); South: Right-of-way for Dimick Road, and farther south at the intersection with Federal Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R- lAA); and, West: Right-of-way for Federal Highway, and farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: lo The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; and, 4. The proposed development will contribute to the overall economic development of the City. Page 3 File Number: LUAR 06-018 Name: Casa del Mar PROJECT ANALYSIS The parcels which are the subject of this land use amendment total 4.11 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Master Plan/Site Plan Analysis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is requested in this case. The Master Plan / Site Plan proposes a multi-family development of 82 units (42 fee-simple townhouses and 40 condominiums) at a gross density of 19.95 dwelling units per acre (du/ac). The 11 proposed townhouse buildings are three (3) stories and consist of three (3) to four (4) units within each building, each unit having a two-car garage. The condominium building, located east of the townhouse buildings, consists of four (4) floors with a total of ten (10) units on each floor, and an under-story parking garage with 63 parking spaces, including (2) spaces designated for handicap use. Principal ingress/egress for the gated project is from North Federal Highway located on the west side of the project. A secondary ingress/egress is located on Dimick Road on the south side of the project approximately 150 feet east of Federal Highway. The internal circulation streets form a grid-like pattern with garage access for the townhouse residents opening onto these private roadways. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities for the proposed development would include a community swimming pool and one-story clubhouse located on the Intracoastal Waterway, various usable open space areas on site, a central fountain, and public artwork visible from Federal Highway. Two (2) parking spaces are required for each of the 82 units, and five (5) parking spaces are required for the amenity area, for a total of 169 required site parking spaces on site. Each of the 42 townhouse units will have a two-car garage which provides the required 84 townhouse parking spaces. The under-story parking garage for the 40 unit condominium building will provide 63 parking spaces, including two (2) handicap spaces. The remaining 22 spaces required for the condo units and the amenity area will be provided immediately adjacent to and west of the condo building. Additionally, a total of nine (9) visitor spaces are planned throughout the townhouse areas, bringing the total parking spaces provided on site to 178 spaces, an excess of nine (9) spaces. The plan also indicates a total of nine (9) on-street parking spaces on the north side of Dimick Road adjacent to the townhouse units. Page 4 File Number: LUAR 06-018 Name: Casa del Mar The Master Plan / Site Plan indicates a 20 foot front building setback for proposed townhouse buildings along Dimick Road, which mirrors the front setback of single-family residences on the south side of Dimick Road. In addition, the proposed condominium building will be setback 28 feet from the southeast property line, with a building step-back of 17 feet from the second floor upwards. Perimeter landscape buffers consisting of Sabal Palm, Thatch Palm, and Wax Myrtle trees and Wild Coffee and Myrsine shrubs to be spaced one every ten to twenty feet will also mitigate impacts on adjacent properties within this area of transition. Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a more comprehensive discussion of the details and site plan issues is provided by staff as a part of the review of the corresponding site plan (see NWSP 06-015). 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 units 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 in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone, and the applicant proposes to develop a total of 82 units, which exceeds the 50-unit level. Staff recommends as a condition of approval for the new site plan that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone, and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters, through established homeowners' and condominium associations. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings which change designations from commercial to residential uses are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least'~ and Page 5 File Number: LUAR 06-018 Name: Casa del Mar "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. " The requested land use amendment and rezoning are consistent with both policies since it would remove the possibility that commercial development could be built on the front portion of the property (in the portion with the existing LRC land use classification). In addition, the requested changes are consistent with the strategies identified for this planning area, which has the role of being an entrance into the City. The subject property is located in Planning Area I in the Federal Hiohwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 200lo The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested land use amendment and rezoning would 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 supports the requested increase in allowable density for the area. The property to the north (The Peninsula at Boynton Beach) was recently approved for 30 townhomes and 40 condominiums at a similar density of 19.94 dwelling units per acre. While the requested density is greater than that of the existing single family development across Dimick Road and Lake Drive, it is consistent with the transition in uses recommended in the Federal Highway Corridor Community Redevelopment Plan. It is also typical of the development pattern in the coastal area, where there coexists a combination of both single family neighborhoods and multi-family developments. Page 6 File Number: LUAR 06-018 Name: Casa del Mar c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses and single-family residential to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June, 2002 provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. The property is currently undeveloped and previously supported a plant nursery. Redevelopment of the property is desirable for both beautification and economic benefit. 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. The Palm Beach County Traffic Division has determined that the proposed residential redevelopment project is located within the County-designated Coastal Residential Exception Area, and therefore meets the Traffic Performance Standards of Palm Beach County. The Division has approved the project for traffic concurrency with a build-out date of 2008. The applicant has provided concurrency approval from the School District of Palm Beach County indicating that adequate school capacity exists to accommodate the resident population of the 42 proposed townhouse and the 40 condominium units. The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. 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 35,260 gallons (200 gallons x 82 units x 2.15 persons per unit) for water and 15,867 GPCD (90 gallons x 82 units x 2.15 persons per unit) for sewer service. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected demand for this project. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, 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 land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan. Property Page 7 File Number: LUAR 06-018 Name: Casa del Mar to the north was recently zoned IPUD and approved for a similar development (Peninsula project). Property to the south across Dimick Road consists of single-family residences zoned R-1AA, however they are separated from the proposed 3-story townhouses by a total of 80 feet which consists of Dimick Road (a 40 foot right-of-way), and a 20 foot front setback which mirrors the front setback of the R-1AA lots on the south side of Dimick Road. The adjacent property to the southeast, located on the east side of Lake Drive, consist of single-family residences zoned R-1AA, and will be adjacent to the 4-story condominium building. However, the condo building is proposed on a lot currently zoned R-3, which permits multi-story residential buildings of 45 feet. In addition, the proposed condo building will have a 28 foot setback from the south property line, and a building step-back of 17 feet (from the second floor up) at the southeast corner of the building, for a total of 45 feet from the east property line. Staff has recommended conditions of site plan approval to mitigate the vertical impact of the proposed condo building, such as additional tree height, and a compatible transition between ground elevations with adjacent property. Property to the west consists of one commercial parcel at the intersection of Federal Highway and Dimick Road. A residential PUD farther west is separated from the subject property by Federal Highway and the Florida East Coast Railway rights-oF-way. There are no indications that the proposed amendment / rezoning would negatively impact property values. The applicant states that the new development would have a positive impact on the value of surrounding properties and is likely to spur investment in adjacent properties which would further increase their values. Staff concurs that the development would have a positive effect on values of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The current zoning of the subject property (C-3, R-3, and R-1AA) would allow a potential density / intensity of approximately 5,946 square feet of commercial, 25 multi-family residential units, and six (6) single-family residential units. The location of the property with frontage on Federal Highway and the Intracoastal Waterway, and its location in Planning Area I of the Federal Highway Corridor Community Redevelopment Plan support the requested Special High Density Residential (SHDR) and Infill Planned Unit Development (IPUD) designations. The land use amendment to SHDR and rezoning to IPUD will enable an economically viable, timely redevelopment project with a unified plan of development on site. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Page 8 File Number: LUAR 06-018 Name: Casa del Mar Residential densities up to 20 dwelling units per acre 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 dwelling units per acre; 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 Highwav Corridor Community Redevelooment Plan. CONCLUSIONSI RECOMMENDATIONS Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated herein, staff concludes that the request is consistent with the goals and objectives of the Comprehensive Plan; consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; and, will contribute to the overall economic development of the City, therefore staff recommends approval of this request for land use amendment and rezoning. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "C". ATTACHMENTS S:\P1anning\SHARED\Wp\PROJECTS\Casa del Mar\lUAR\Slaff Report.doc . ~ 1 in, = 164.8 feet 0050 ~~-02~07 01 010 '~'-"_, 0080 2~.-.~...- t~~j .... ~ ~ 0060 .. -.. .. -.. -.. -..-.. -..- ..-., -.+_.. ..-.. -.'- ..-.. --. _.. -..- .._.. _. .-.. -.. ..-. .-.. _.. - ..-..-.. -.. -..- .'-'.- 50 1 0070 0010 SITE 0220 0250 0010 1200140 0160 0200 0280 0310 0550 0400 0331 0520 0480 0460 0440 0380 0350 0900 0920 700 0720 0760 0780 0810 0840 0860 0680 0950 1250 1180 116011401120 1090 0990 1060 1030 EXHIBIT "A" - CASA DEL MAR LOCATION MAP EXHIBITB ~jlfM~~I--~~~~--Ir---fII;~~r-I!! -----Il--~ ~~~ IIUlg !s~g 1IVW laG VSYJ ~ I hl5 ~ ~~~ h I 'Ii'lilili' I~~ili Ii Ii Ii lillllil~~lili lililililili~'. 'U Ii Ii . . Ii . a:~.'~.llilli'IiIi':li1i1i1i .- .. .. I ......I.I! "11'" I - . Ii Ii. Ii Ii lili 1i1!1!f~!t~1i .liili'IiIi,1i Ii Ii Ii Ii Ii . 1 I.... 111111111111' i1 I. ! I .lIillili 1i1i..1I utililili 'Ii 1"'1i iii I ..ilia'lilili' Ii Ii Ii Ii Ii :: ~ I F. e .-. II! .-! 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I I - - - I I I hllll ~ i I ~ JIL -- .:. ~ r i~i Hli ti~t ~ / ~ ~ hr ~~t I!U 1 f I n ~I{oFl'~ I I::-~ . l ~ ="',\: 1') Q? Itl-Ja !!ri! D ;! ~ ~ ~ I 0,&', ~ir .or t-it '-;t ~ ~~!ol v !!;i- i"'~ ilr -ill! ~~ ~ e .~. . ii. i I:l~ ~ ~ . ill ~ )' ____ t II 'd rt \ii!. . Fa. \~ / , ~~/'i:::--ip ~I /~ 1 &J/!J(r'[ I ~ . ~ =- <;I' '/ <:iV ~ II' III IIII !Me ~ ,till {tklun ,-I;~ l' ~ t ~ -=-- U 'A--.u,f!JJH ---'" IllaIJI Jl'IHm1Yd) G WOH .uy.Ls T 'S"il UYoH7IrH .LsYQ ';} .L8Ya YUlHou , Meeting Minutes Community Redevelopment Agency _!!~~~ton Beach, Florida June 13, 2006 Descri ption: Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and Northeast 6th Court Request to amend the Comprehensive Plan Future Plan Use Map from Mixed Use to Low Density Residential No change Proposed use: Hanna Matras, Economic Planner, presented the City-initiated request to amend the Comprehensive Plan Future Land Use Map for the INCA area from Mixed Use to Low Density Residential. Ms. Matras explained this action was being suggested to reverse a decision made in 1989 to allow mixed use in this area. At that time, there were a lot of single family homes there that were not in good repair. Staff recommended that the land use amendment and rezoning be approved. The residents of the INCA area support the change. Mr. Sims asked if commercial would be allowed and if so, in what areas. There were some businesses to the north of this area he was concerned about. Mr, Breese commented the proposed amendment would be applied only to the residential area behind the commercial, which was not changing. The board did not have any questions or comments. Chair Tillman opened the floor for public comment. Louise DiCamara, 836 East Drive, Harbor Estates, resident of the subdivision in the north section of the south side of the C-16 canal, indicated it was zoned R-l-AA Single Family Residential. It had been that way ever since zoning came into effect. The Mangrove Walk area was from Martin Luther King Boulevard to N.E. 6th Court and zoned R-l-A. Both of the areas were in the INCA land use amendment area. She applauded the City staff for initiating this amendment, which would change the future land use from mixed use to low density residential and bring the Comprehensive Plan into compatibility with the existing properties. Stan Nitkowski, President of INCA Neighborhood Association, declared he understood the Federal Highway Corridor would remain the same, so those commercial properties directly on Federal Highway would retain their commercial privilege. The discussion was of the neighborhoods directly behind them that are residential neighborhoods. The entire area along the east side of Federal Highway was being redeveloped as residential and INCA was very supportive of this. Chair Tillman closed the floor to public comment when no one else came forward. Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential, LUAR 06-019. Vice Chair Norem seconded the motion that passed 7-0. D. Casa del Mar Land Use Amendment/Rezoning 1. Project: Casa del Mar (LUAR 06-018) 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Agent: Location: Description: Proposed Use: D. New Site Plan - Casa del Mar 2. Project: Agent: Owner: Location: Description: Height Exceotion - Casa del Mar 3. Project: Agent: Owner: Location: Description: 10 June 13, 2006 Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P .A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request to amend the comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density Residential (SHDR, 20 dus/per acre); and Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-family Residential (R-1AA) to Infill Planned Unit Development (IPUD). Multi-family development (82 units at 19.95 dus/acre Casa del Mar (NWSP 06-015) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUID. Casa del Mar (HTEX 06-007) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 building height of 45 feet, for a total of 53 feet 6 inches (53' 6") at its highest point. Steve Myott recused himself from voting on the Casa del Mar items since he was employed at the architectural firm that was representing the project. Mr. Myott provided a voting conflict form to the Recording Secretary for inclusion in the record. Ed Breese, Principal Planner, asked for the board's permission to present all three Casa del Mar items at one time and the board concurred. Mr. Breese informed the board the proposed project would promote the efficient use of a long narrow 4.11-acre parcel of land from Federal Highway to the Intracoastal. The agent and applicants agreed with all conditions of approval. Mr. Breese displayed the site plan and described it, including the elevations of the townhouses and condominium buildings. The condominium building would be a four-story building with parking underneath. There would be 10 units on each floor for a total of 40 units. The principal ingress and egress points would be off of Federal Highway. A secondary ingress/egress was located on Dimick Road on the south side of the project. Recreation amenities would include a community swimming pool and one-story clubhouse located on the Intracoastal Waterway, various usable open space areas on site, a central fountain, and public artwork visible from Federal Highway. There was a 20-foot setback from the townhouse buildings along Dimick Road, which mirrored the front setback of single-family residences on the south side of Dimick Road. The proposed condominium building would be set back 20 feet from the southeast property line, with a building step-back of 17 feet from the second floor upwards. The project was evaluated against the Land Development Regulations criteria and found to be in compliance. The property's location within both the Community Redevelopment Area and the Planning Area 1 of the Federal Highway Corridor Study supports the requested increase in allowable density for the area. The height exception for the condominium building was for 9 feet to accommodate a roof over the top of the stairwells and elevator. Staff recommended approval of the land use amendment/rezoning, the new site plan, and the height exception, Bonnie Miskel spoke on behalf of the applicant, saying she had been the attorney that presented The Peninsula project adjacent to the subject property. At the time, The Peninsula was one of the first projects that helped to create a special sense of place for Boynton Beach traveling south on Federal Highway. They had tried to create a "wow" project that was unique, neighborly, and pedestrian friendly. The applicant also tried to create a "wow" project that would make a passerby believe this would be a nice place to live. Jim Williams, architect with Quincy Johnson Jones Myott Williams, reviewed some of the characteristics of the site plan. He displayed aerial views and elevations that showed the colonial island style of architecture. There were two different color schemes for the townhouses and another for the condominiums. The townhouses were all three stories in height of a traditional neighborhood design with the garages in the rear, the entries facing public streets or an internal linear parkway. The condominiums are four stories in height. The project had lush, heavy landscaping. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 In response to Mr. DeMarco's concern about the two parcels that were not part of the project, Ms. Miskel responded the owners had been approached, but were not under contract. Mr. DeMarco also asked about the parking. Mr. Williams responded this had been worked out during the staff review and the applicant had added over and above what was required for parking. In addition to the nine spaces on Dimick, there were additional guest spaces scattered throughout the site. Mr. DeMarco asked if off-street parking would be in the way of traffic and Mr. Williams responded it would not. Ms. Horenburger asked how big the setback was on Dimick Road. Mr. Williams responded it was eighty feet from the front of the townhouses to what could be built across the street in the single-family area. Chair Tillman opened the floor for public comment. Stan Nitkowski, President INCA Neighborhood Association, asked the CRA to pay special attention to this project and remember it for future reviews in regard to the 20-foot set back from Dimick Road, plus 9 feet for parking. This was the first project they had seen where there was an IPUD directly across from residential homes in a neighborhood and to see that large setback made INCA very happy. They hoped this would be a precedent moving forward. Mona Murchak, 2624 Lake Drive North, resident of the home on the corner between Lake Drive North and Dimick Road, expressed her concerns. She was concerned the change in zoning would drive down the property values of the existing homeowners in the area. She was also concerned about traffic, noise, and congestion. She was concerned that cars would be parking up and down Dimick Road and blocking access to the residential properties. Dimick Road was a run down, old road that was difficult to park on. Ms. Miskel responded to Ms. Murchak's concerns, saying they were going to improve Dimick Road to raise its quality. The only parking anyone would see was what was planned for Dimick Road today, approximately 9 spaces. They actually showed fewer openings on Dimick than if the parcel were to be developed as a single-family parcel. They were reducing the movements onto Dimick by only having the one opening. Ms. Murchak asked if people could still walk through. Ms. Miskel responded there would be sidewalks and it would be more pedestrian friendly than it was at the moment. Ms. Murchak asked how this would affect access to the water. Ms. Miskel responded one portion of the development would go all the way to the water. This plan had a one story building on the water so the condo building, the taller one, was set back significantly more than its neighbors, helping to preserve the view. Ms. Murchak asked about what had been done with the sewage system where the nursery had been. She contended when it rained heavily, the City had to come pump out sewage. Ms. Miskel commented they would have to comply with all City Codes regarding water and sewer improvements. There was no drainage mechanism at all on an undeveloped site. Their complying with all Water Management and City rules should actually improve the situation. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staff's recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myatt recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingway Square Land Use Amendment/Rezoning Description: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and 1. Project: Agent: Owner: Location: 13 VIII.-PUBLIC HEARING ITEM L. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlvJ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May] 5,2006 (Noon) D April] 8,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) ) ,--- D May 2, 2006 April ]7,2006 (Noon) [8J July 5, 2006 June] 9,2006 (Noon) .' \..--,- "','. D May 16, 2006 May], 2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon) ...;~ -- D Administrative D Development Plans .,' .~;.-- NATURE OF D Consent Agenda D New Business r:-? ,-j - AGENDA ITEM '--'-;.., [8J Public Hearing D Legal --,~"\ (-, D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDA TION: Please place this request on the July 5, 2006 City Commission Agenda under Public Hearing with the corresponding items for land use amendment and rezoning and site plan approval. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13,2006. Staff recommends that this item be heard in conjunction with the land use amendment and rezoning and site plan but tabled to the July 18th meeting for final action to follow ordinance approval. For further details pertaining to the request, see attached Department Memorandum No. 06-117. EXPLANATION: PROJECT: AGENT: Casa del Mar (HTEX 06-007) Bonnie Miskel, Esq., and Kim GIas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53-6") at its highest point. OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: ~~_nu, Develop ~ 6t" ~ , Planning and Zoning ~ector City Attorney / Finance / Human Resources S:\P]anning\SHARED\WP\PROJECTS\Casa del Mar\HTEX\Agenda Item Request Casa del Mar HTEX 06-007 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-117 Chair and Members Community Redevelopment Agency Board and City Commission .~-~ Michael Rumpf t' Director of Planning and Zoning Kathleen Zeitler Ie 2- Planner June 6, 2006 Casa Del Mar / HTEX 06-007 Height Exception Property Owner: Applicant: Agent: location: Existing land Use: Existing Zoning: Proposed land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member) Lancore Nursery, LLC (Merv McDonald, Managing Member) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. 2632 North Federal Highway (see Location Map - Exhibit "AfT) Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA) Special High Density Residential (SHDR - max. 20 du/ac) Infill Planned Unit Development (IPUD) 42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre) 4.11 acres (179,130 sf) To the north, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for 30 town homes and 40 condominiums at a density of 19.94 dwelling units per acre (Peninsula at Boynton Beach); Right-of-way for Dimick Road, and farther south at the intersection, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); Page 2 Casa del Mar HTEX 06-007 Memorandum No. PZ 06-117 East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right- of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single- Family Residential (R-1AA); and, West: Right-of-way for Federal Highway, and farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). BACKGROUND The applicant is proposing a multi-family residential redevelopment project consisting of 42 fee-simple townhouses and 40 condominium units located on the east side of Federal Highway near Dimick Road. The project is currently pending a land use amendment request (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to the Special High Density Residential (SHDR) land use classification, and a rezoning request (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA), to the Infill Planned Unit Development (lPUD) zoning district. In addition, the subject property is also pending approval of a new site plan (NWSP 06-015) for the townhouse and condominium project. Approval of the site plan will be contingent upon the approval of the accompanying request for land use amendment / rezoning (LUAR 06-018). The Casa del Mar Master Plan / Site Plan proposes a total of 42 townhouses in 11 buildings and a separate condominium building with 40 units. The requested height exception is applicable only to the condominium building (see Exhibit "B"). The proposed condominium building is four (4) stories with an under-story parking garage. The exterior elevations for the condo building indicate the top of the fourth floor is 45 feet in height. However, above this point the four (4) story condo building will have a flat roof with a parapet wall of less than five (5) feet to screen rooftop mechanical equipment, as well as pitched roof profiles. The roof profiles are located only on portions of the building, mainly to accommodate elevator shafts and stairwells. Article II. Definitions, Building / Structure Height states that building height for gable or hip roofs is measured to the midpoint between the eaves and the ridge. The front building elevation for the condo building indicates the highest roof profile located above the main entrance will have a roof height of 53 feet 6-inches measured at the midpoint of the roof. The applicant therefore is requesting a height exception of nine (9) feet above the maximum building height of 45 feet allowed in the IPUD zoning district. ANALYSIS Article II. Definitions, Building / Structure Height states rooftop penthouses, stairwells, and mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of Chapter 2, Section 4.F. of the Land Development Regulations. Page 3 Casa del Mar HTEX 06-007 Memorandum No. PZ 06-117 Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include noncommercial towers, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The City Commission approved a new method for measuring building height based on roof type (Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Plans indicate the requested height exception is not applicable to the entire roof of the proposed condominium building, only the portions above the upper balconies and where elevator shafts and stairwells will exist. Building height for pitched gable or hip roofs is measured from the finished grade to the midpoint between the eaves and the ridge. The front building elevation indicates the highest roof profile located above the main entrance will have a roof height of 53 feet 6-inches at the midpoint of the pitched roof. Therefore, the applicant is requesting a nine (9) foot height exception to the maximum building height of 45 feet. The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City. Staff recognizes that infill residential development along Federal Highway is desirable, and creates a transition in intensity from the downtown to single-family neighborhoods. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege, nor would it impact adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception. In addition, the building setback from the property line adjacent to Lake Drive coupled with the actual step-back of the second through fourth floors of the condominium building, and the landscaping to the south will serve to mitigate the additional height and provide for compatibility with adjacent properties. RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying requests for land use amendment and rezoning (LUAR 06-018) and the new site plan (NWSP 06-015) for the Casa del Mar project. Staff is recommending approval of these application requests and recommends approval of the request for a 9-foot height exception. Should this request be approved, approval should be contingent upon satisfying all staff comments noted in Exhibit "C" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:IPlanningISHAREDlWPIPROJECTSICasa del MarlHTEX OS-007\Staff Report.doc ... 1 in. = 164.8 feet :--CJ----1 a,a ~ ~ 0080 0050 . -.. -..-..-.. ~......,. ~.. -. '. -.. " _.. -.. -.. -..-. .-.. -. '-.. _.. -.. -.. -"-"-" _.. -.. -"-..-.. -..- "-" -..-..... -.. - "-..-.. 1 0070 0060 EXHIBIT "A" - CASA DEL MAR LOCATION MAP 50 1090 0990 1250 1180 1160 1140 1120 1060 1030 I ~n~-~~~II ~~~~~------I-!;~~m -l----- .!il~. 1~~~ Uiili ,ahe 1IVW l:IG VSYJ I hn hu h ~e: <r: I I I = .. ,,! ..! ..!. I .. .1'5 filS .'5. ~ l l If: .. II I ...!!.h.!!.1 .. 'I~ "I~ 'I~' ~ l ~ ~ f q Ii Ii I ...1. J. J. .~. ."H 'I~"i! 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'! : ~ EXHIBIT "C" Conditions of Approval Project name: Casa del Mar File number: HTEX 06-007 Reference: Sheets A-3.4, A-3.5, A-2.11 on 3rd review plans identified as a New Site Plan with a May 30, 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X CONDITIONS OF APPROY AL Casa del Mar (HTEX 06-007) PAGE 2 I ft DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X CITY COMMISSION COMMENTS: Comments: To be determined. MWR!kz S:\Planning\Shared\WP\PROJECTS\Casa del Mar\HTEX 06-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT: APPLICANT'S AGENT: Lancore Nursery, LLC (Merv McDonald, Managing Member) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. AGENT'S ADDRESS: 222 Lakeview Avenue, #800, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2006 TYPE RELIEF SOUGHT: Request for a height exception of nine (9) feet above the maximum building height of 45 feet to allow pitched roof profiles to accommodate elevator shafts and stairwells on a proposed condominium building on 4.11 acres zoned Infill Planned Unit Development (IPUD). LOCATION OF PROPERTY: 2632 North Federal Highway (east side of Federal Hwy, north of Dimick Road). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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:IPlanningf\SHAREDlWPlPROJECTSI Casa del MarlHTEX 06-D07\DO.doc Meeting Minutes Community Redevelopment Agency !\()y'!ton Beach, Florida Proposed use: June 13, 2006 Waterway; between the (-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and Northeast 6th Court Request to amend the Comprehensive Plan Future Plan Use Map from Mixed Use to Low Density Residential No change Description: Hanna Matras, Economic Planner, presented the City-initiated request to amend the Comprehensive Plan Future Land Use Map for the INCA area from Mixed Use to Low Density Residential. Ms. Matras explained this action was being suggested to reverse a decision made in 1989 to allow mixed use in this area. At that time, there were a lot of single family homes there that were not in good repair. Staff recommended that the land use amendment and rezoning be approved. The residents of the INCA area support the change. Mr. Sims asked if commercial would be allowed and if so, in what areas. There were some businesses to the north of this area he was concerned about. Mr. Breese commented the proposed amendment would be applied only to the residential area behind the commercial, which was not changing. The board did not have any questions or comments. Chair Tillman opened the floor for public comment. Louise DiCamara, 836 East Drive, Harbor Estates, resident of the subdivision in the north section of the south side of the C-16 canal, indicated it was zoned R-l-AA Single Family Residential. It had been that way ever since zoning came into effect. The Mangrove Walk area was from Martin Luther King Boulevard to N.E. 6th Court and zoned R-l-A. Both of the areas were in the INCA land use amendment area. She applauded the City staff for initiating this amendment, which would change the future land use from mixed use to low density residential and bring the Comprehensive Plan into compatibility with the existing properties. Stan Nitkowski, President of INCA Neighborhood Association, declared he understood the Federal Highway Corridor would remain the same, so those commercial properties directly on Federal Highway would retain their commercial privilege. The discussion was of the neighborhoods directly behind them that are residential neighborhoods. The entire area along the east side of Federal Highway was being redeveloped as residential and INCA was very supportive of this. Chair Tillman closed the floor to public comment when no one else came forward, Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential, LUAR 06-019. Vice Chair Norem seconded the motion that passed 7-0. D. Casa del Mar Land Use Amendment/Rezoning lo Project: Casa del Mar (LUAR 06-018) 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Agent: Location: Description: Proposed Use: D. New Site Plan - Casa del Mar 2. Project: Agent: Owner: Location: Description: Height Exceotion - Casa del Mar 3. Project: Agent: Owner: Location: Description: 10 June 13, 2006 Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request to amend the comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density Residential (SHDR, 20 dusjper acre); and Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-family Residential (R-1AA) to Infill Planned Unit Development (IPUD). Multi-family development (82 units at 19.95 dusjacre Casa del Mar (NWSP 06-015) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for new site plan approval for the construction of 42 town homes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUID. Casa del Mar (HTEX 06-007) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum Meeting Minutes Community Redevelopment Agency ~oynton Beach, Florida June 13, 2006 building height of 45 feet, for a total of 53 feet 6 inches (53' 6") at its highest point. Steve Myatt recused himself from voting on the Casa del Mar items since he was employed at the architectural firm that was representing the project. Mr. Myott provided a voting conflict form to the Recording Secretary for inclusion in the record. Ed Breese, Principal Planner, asked for the board's permission to present all three Casa del Mar items at one time and the board concurred. Mr. Breese informed the board the proposed project would promote the efficient use of a long narrow 4.11-acre parcel of land from Federal Highway to the Intracoastal. The agent and applicants agreed with all conditions of approval. Mr. Breese displayed the site plan and described it, including the elevations of the townhouses and condominium buildings. The condominium building would be a four-story building with parking underneath. There would be 10 units on each floor for a total of 40 units. The principal ingress and egress points would be off of Federal Highway. A secondary ingress/egress was located on Dimick Road on the south side of the project. Recreation amenities would include a community swimming pool and one-story clubhouse located on the Intracoastal Waterway, various usable open space areas on site, a central fountain, and public artwork visible from Federal Highway. There was a 20-foot setback from the townhouse buildings along Dimick Road, which mirrored the front setback of single-family residences on the south side of Dimick Road. The proposed condominium building would be set back 20 feet from the southeast property line, with a building step-back of 17 feet from the second floor upwards. The project was evaluated against the Land Development Regulations criteria and found to be in compliance. The property's location within both the Community Redevelopment Area and the Planning Area 1 of the Federal Highway Corridor Study supports the requested increase in allowable density for the area. The height exception for the condominium building was for 9 feet to accommodate a roof over the top of the stairwells and elevator. Staff recommended approval of the land use amendment/rezoning, the new site plan, and the height exception. Bonnie Miskel spoke on behalf of the applicant, saying she had been the attorney that presented The Peninsula project adjacent to the subject property. At the time, The Peninsula was one of the first projects that helped to create a special sense of place for Boynton Beach traveling south on Federal Highway. They had tried to create a "wow" project that was unique, neighborly, and pedestrian friendly. The applicant also tried to create a "wow" project that would make a passerby believe this would be a nice place to live. Jim Williams, architect with Quincy Johnson Jones Myott Williams, reviewed some of the characteristics of the site plan. He displayed aerial views and elevations that showed the colonial island style of architecture. There were two different color schemes for the townhouses and another for the condominiums. The townhouses were all three stories in height of a traditional neighborhood design with the garages in the rear, the entries facing public streets or an internal linear parkway. The condominiums are four stories in height. The project had lush, heavy landscaping. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 In response to Mr. DeMarco's concern about the two parcels that were not part of the project, Ms. Miskel responded the owners had been approached, but were not under contract. Mr. DeMarco also asked about the parking. Mr. Williams responded this had been worked out during the staff review and the applicant had added over and above what was required for parking. In addition to the nine spaces on Dimick, there were additional guest spaces scattered throughout the site. Mr. DeMarco asked if off-street parking would be in the way of traffic and Mr. Williams responded it would not. Ms. Horenburger asked how big the setback was on Dimick Road. Mr. Williams responded it was eighty feet from the front of the townhouses to what could be built across the street in the single-family area. Chair Tillman opened the floor for public comment. Stan Nitkowski, President INCA NeighborhoOd Association, asked the CRA to pay special attention to this project and remember it for future reviews in regard to the 20-foot set back from Dimick Road, plus 9 feet for parking. This was the first project they had seen where there was an IPUD directly across from residential homes in a neighborhood and to see that large setback made INCA very happy. They hoped this would be a precedent moving forward. Mona Murchak, 2624 Lake Drive North, resident of the home on the corner between Lake Drive North and Dimick Road, expressed her concerns. She was concerned the change in zoning would drive down the property values of the existing homeowners in the area. She was also concerned about traffic, noise, and congestion. She was concerned that cars would be parking up and down Dimick Road and blocking access to the residential properties. Dimick Road was a run down, old road that was difficult to park on. Ms. Miskel responded to Ms. Murchak's concerns, saying they were going to improve Dimick Road to raise its quality. The only parking anyone would see was what was planned for Dimick Road today, approximately 9 spaces. They actually showed fewer openings on Dimick than if the parcel were to be developed as a single-family parcel. They were reducing the movements onto Dimick by only having the one opening. Ms. Murchak asked if people could still walk through. Ms. Miskel responded there would be sidewalks and it would be more pedestrian friendly than it was at the moment. Ms. Murchak asked how this would affect access to the water. Ms. Miskel responded one portion of the development would go all the way to the water. This plan had a one story building on the water so the condo building, the taller one, was set back significantly more than its neighbors, helping to preserve the view. Ms. Murchak asked about what had been done with the sewage system where the nursery had been. She contended when it rained heavily, the City had to come pump out sewage. Ms. Miskel commented they would have to comply with all City Codes regarding water and sewer improvements. There was no drainage mechanism at all on an undeveloped site. Their complying with all Water Management and City rules should actually improve the situation. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staffs recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingwav Square Land Use Amendment/Rezoning Description: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and 1. Project: Agent: Owner: Location: 13 !'\ ^\ Y<,,2 k- . . "- . \ I c\ '; - 1 x '"fJ >_, _.- / u "'~ , /~"i~-Q ..'" -S~ <",' VIII. - PUBLIC HEARING ITEM M CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon) -. 0 April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) . "~~ 0 May 2,2006 April 17,2006 (Noon) [8] July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) D July 18,2006 July 3,2006 (Noon) r.--,..) NATURE OF AGENDA ITEM o Administrative o Consent Agenda ~ Public Hearing o Bids o Announcement o City Manager's Report D Development Plans o New Business o Legal D Unfinished Business D Presentation 0-"' . ..~,'- ;-<"-.._J....- '':'rYj .,-~ ""-- <.; RECOMMENDATION: Please place this request on the July 5, 2006 City Commission Agenda under Public Hearing with the corresponding items for land use amendment and rezoning and height exception approval. The Community Redevelopment Agency Board recommended that the subject request be approved on June 13, 2006. Staff recommends that this item be heard in conjunction with the land use amendment and rezoning and height exception but tabled to the July 18th meeting for [mal action to follow ordinance approval. For further details pertaining to the request, see attached Department Memorandum No. 06-116. EXPLANATION: PROJECT: AGENT: Casa del Mar (NWSP 06-015) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. OWNER: LOCATION: DESCRIPTION: Proposed use: Multi-family development (82 units at 19.95 dus/acre) PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~ ~m" Devel ~ ~~ ./ Planning and Zoning D~ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Casa del Mar\NWSP\Agenda Item Request Casa del Mar NWSP 06-015 7-5-06.dot S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM ,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-116 STAFF REPORT TO: Chair and Members community~ent Agency Board and City Commission Michael Rumpf Planning and Zoning Director THRU: FROM: Kathleen Zeitler ~Z Planner DATE: June 6, 2006 PROJECT NAME/NO: Casa del Mar / NWSP 06-015 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member) Applicant: Lancore Nursery, LLC (Merv McDonald, Managing Member) Agent: Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P.A. Location: 2632 North Federal Highway (see Location Map - Exhibit "A'') Existing Land Use: Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) Existing Zoning: Community Commercial (C-3), Multi-Family Residential (R-3), and Single- Family Residential (R-1AA) Proposed Land Use: Special High Density Residential (SHDR - max. 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre) Acreage: 4.11 acres (179,130 sf) Adjacent Uses: North: To the north, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 2 South: East: West: 30 town homes and 40 condominiums at a density of 19.94 dwelling units per acre (forthcoming Peninsula at Boynton Beach project); Right-of-way for Dimick Road, and farther south at the intersection with Federal Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); The Intracoastal Waterway (lCWW) to the northeast, and to the southeast right-of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, Right-of-way for Federal Highway, and farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Features: Proposal: The subject property, which is part of Study Area I of the Federal Highway Corridor Redevelopment Plan, is located on the east side of North Federal Highway, north of Dimick Road. The property has approximately 161 feet of frontage on North Federal Highway, approximately 425 feet of frontage on Dimick Road, and the northern portion of the site extends to the Intracoastal Waterway. The property is comprised of Lots 8 - 24, Lakeside Gardens (Plat Book 8, Page 57) and Lot 1, Hulls Subdivision (Plat Book 2, Page 17). The previous use of the subject property was a plant nursery. The only structure remaining on site from the previous use is a shadehouse, which will be removed. An existing seawall located on the east property line of Lot 1, Hulls Subdivision will be removed, and a new seawall is planned near the mean high water line. Existing ground elevations indicated on the survey vary from 4 to 8 feet. BACKGROUND The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as is requested in this case. The agent, on behalf of the applicant, is proposing a new Site Plan for 42 fee- simple townhouse units and 40 condominium units. The applicant is simultaneously requesting a land use plan amendment to Special High Density Residential (SHDR) and rezoning to Infill Planned Unit Development (IPUD). The property is located within Study Area I of the Federal Highway Corridor Staff Report - Casa del Mar (NWSP 06-015) Memurandum No PZ 06-116 Page: ;; Concurrency: Traffic: Utilities: Policel Fire: Drainage: Redevelopment Plan and, as such, would be eligible for the Special High Density Residential (SHDR) land use classification, which allows a maximum of 20 dwelling units per acre. The proposed Site Plan includes or consists of a multi-family development of 82 units (42 fee-simple townhouses and 40 condominiums) at a gross density of 19.95 dwelling units per acre (du/ac). Fee-simple townhouses and condominiums are permitted uses in the IPUD zoning district. Under the Special High Density Residential land use category, the allowable project density, based on the acreage of the subject property, would be a maximum of 82 dwelling units (20 units per acre). The project proposes a total of 82 dwelling units, which equals the maximum density allowed. Recreation amenities for the proposed development would include a community swimming pool and one-story clubhouse located on the Intracoastal Waterway, various usable open space areas on site, a central fountain, and public artwork visible from Federal Highway. Approval of this project is contingent upon the approval of the corresponding requests for a land use amendment and rezoning (LUAR 06-018). ANALYSIS A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed redevelopment project is located within the County-designated Coastal Residential Exception Area, and therefore meets the Traffic Performance Standards. However, the approval stipulates that no building permits for the project are to be issued by the City after the project's build- out date of 2008. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (projected water demand is estimated to be 35,260 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending upon the final project configuration and fire-flow demands. These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 15,867 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "C" - Conditions of Approval). Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 4 recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The applicant has obtained school concurrency approval from the School District of Palm Beach County confirming that adequate capacity exists to accommodate student residents of the proposed 82 dwelling units. Vehicular Access: Principal ingress/egress for the gated project is from North Federal Highway located on the west side of the project. A secondary ingress/egress is located on Dimick Road on the south side of the project approximately 150 feet east of Federal Highway. Circulation: The two-way streets internal to the development will be privately-owned streets which provide primary vehicular circulation internal to the development. The internal circulation streets form a grid-like pattern with garage access for the townhouse residents opening onto these private roadways. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Street Width: Per the IPUD zoning district regulations, privately-owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with right-of-way and pavement widths less than the minimum PUD requirement of 40 feet, however in no case shall health, safety, and / or welfare be jeopardized. These roads are for the use by residents and service providers alike. Solid waste pickup for the townhouse units would be roll-out curbside service for each unit, rather than a centralized trash dumpster, therefore large garbage trucks will be required to maneuver and circulate throughout the proposed development. The proposed plans have been reviewed by the Engineering Division for compliance with City standards for IPUD zoning, including internal street width, utilities within those streets, and safe sight distances. The Engineering Division has determined that the 36 foot street width is acceptable and the plan is in compliance with the City's requirements. Setbacks: The IPUD zoning district has no specific minimum building setback requirements, except that "perimeter setbacks shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD". The proposed perimeter setbacks of between 10 to 20 feet are consistent with other similar developments along the Federal Highway Corridor. A 20 foot building setback is provided from Federal Highway and Dimick Road. A 10 foot side setback is provided along the north property line adjacent to the Peninsula project. A 10 foot side setback is also provided for two (2) townhouse buildings adjacent to Lake Drive. The condominium building has a 28 foot setback from the south property line, and an additional building step-back of 17 feet from the second floor upward. These building setbacks have been provided for compatibility purposes, as this project Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 5 Parking: landscaping: represents a transition from the detached Single-family residences to the south and east. These setbacks around the perimeter of the development are intended to accommodate privacy fencing, landscape buffers, and outdoor air conditioning equipment, as well as to provide some common area for the enjoyment of the respective residents. The 11 proposed townhouse buildings are three (3) stories and consist of three (3) to four (4) units within each building, each unit having a two-car garage. The condominium building, located east of the townhouse buildings, consists of four (4) floors with a total of ten (10) units on each floor, and an under-story parking garage with 63 parking spaces, including (2) spaces designated for handicap use. A recreational amenity area consisting of a community pool and clubhouse on the Intracoastal will require a total of five (5) parking spaces. Two (2) parking spaces are required for each of the 82 units, plus five (5) parking spaces are required for the amenity area, for a total of 169 required parking spaces on site. Each of the 42 townhouse units will have a two-car garage (approximately 22' by 23') which will provide the required 84 townhouse parking spaces. The under-story parking garage for the 40-unit condominium building will proVide 63 parking spaces, including two (2) handicap spaces. The remaining 22 spaces required for the condo units and the amenity area will be provided immediately adjacent to and west of the condo building. Additionally, a total of ten (10) visitor spaces are planned throughout the townhouse areas, bringing the total parking spaces provided on site to 179 spaces, an excess often (10) spaces. The plan also indicates a total of nine (9) off-site (on-street) parking spaces will be provided on the north side of Dimick Road adjacent to the townhouse units. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet 8-inches in width and 18 feet in length and include wheelstops. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. The landscape plan (sheet LP-1) indicates that loB acre or 27% of the site would be pervious surface, The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet LP-9) indicates the landscape plan would provide a total of 162 canopy trees, of which 99 (or 61 %) would be native species. The plant list indicates that 168 (or 61%) of the 275 palm trees would be native species. Also, the landscape plan indicates a total of 4,223 shrubs, of which 2,128 (or 50%) would be native. The landscape plan notes indicate that non- potable water will be used as the source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system (see Exhibit "C" - conditions of approval). The proposed landscaping exceeds minimum code requirements and provides a Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 6 complimentary mix of canopy and palm trees such as Pigeon Plum, Geiger Tree, Live Oak, Laurel Oak, Royal Palm, Coconut Palm, and Sabal Palm. All trees would be the required minimum of 12 feet in height at time of planting. However, trees proposed around the proposed buildings must be installed at one-half the height of the building per the Land Development Regulations (see Exhibit "C" - Conditions of Approval). All areas located outside the individual fee-simple townhouse lots (building footprint only) and the condominium building would be under the control of the Homeowners' and Condominium Associations to ensure proper maintenance of the common landscaped areas. The landscape plan shows that the ten (10) foot perimeter buffer would consist of a six (6) foot masonry privacy wall along the north property line. The adjacent Peninsula IPUD to the north is also required to have a privacy wall, and the applicant will take measures to share their wall, rather than duplicate it. The 10 foot perimeter buffer along the north property line will have Geiger Tree, Yellow Elder, and Thatch Palm trees, with Wild Coffer, Myrsine, and Silver Saw Palmetto shrubs located on the interior of the wall. The trees would be installed approximately every 10 to 20 feet. Also, a privacy wall is proposed along the common property lines adjacent to the commercial parcel at the corner. Plantings along the wall in this area will include Thatch Palm, Silver Saw Palmetto and Wild Coffee installed approximately every ten (10) feet. In addition, a masonry privacy wall is proposed along the property line south of the condo building adjacent to lots on Lake Drive. This ten (10) foot perimeter buffer will include Sabal Palm, Thatch Palm, and Wax Myrtle planted installed approximately every ten (10) feet. Other areas such as between townhouse buildings fronting rights-of-way, will include a white aluminum rail picket fence five (5) feet in height with decorative masonry columns, similar to the entry gate and pool fence enclosure. Pedestrian circulation is proposed by connecting sidewalks which loop along the front elevation of each townhouse building, the rights-of-way, and lead to the public artwork on North Federal Highway, a central open space area, and along the north and south sides of the condominium building to the clubhouse and pool area. Each unit adjacent to Federal Highway and Dimick Road would have pedestrian access from the front door of each unit to sidewalks along the right-of-way, to allow for pedestrians to engage the street. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district and develop at a density of 19.95 dwelling units per acre. The maximum density allowed by the requested Special High Density Residential land use classification is 20 dwelling units per acre. Proposed are a total of 82 units consisting of 42 townhouse units and 40 condominium units on 4.11 acres Townhouses: The 42 townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each. All proposed townhouse buildings are three (3) stories, and each unit includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans propose several townhouse models of various sizes as follows: Model "A" consists of 2,438 square feet under air and a total of 2,984 square feet. Model "B" consists of 2,370 square feet under Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 7 air, and a total of 2,902 square feet. Model "c" consists of 2,288 square feet under air, and a total of 2,837 square feet. Model "D" consists of 2,223 square feet under air, and a total of 2,758 square feet. Residents of each townhouse unit would receive their mail at a mailbox kiosk located at the east side of townhouse building 5 where parking spaces are available. Trash collection for the townhouse units would be individual roll-out curbside service. No individual swimming pools or screened enclosures of patios or balconies are proposed (or allowed) and would be noted as such on final plans and within the Home Owners Association documents (see Exhibit "c" - Conditions of Approval). The IPUD zoning district allows buildings to reach a maximum height of 45 feet. The elevations show the townhouse buildings would be three (3) stories in height, and 41 feet 3-inches at the highest point. Condominium: A four-story 40 unit condominium building with an under-story parking garage is proposed on the east portion of the subject property. Each floor would have a total of ten (10) condo units, and each unit would consist of two (2) bedrooms, two (2) baths, plus a den. Condominium models "A" - "D" range from 1,521 square feet under air to 1,738 square feet under air. Although the architecture of the condo building is more modern in appearance than the townhouse buildings, the building materials and colors will be complimentary to each other. The condo building would be at the maximum height of 45 feet at the top of the fourth floor, and a height exception has been requested for the additional height needed to screen stairwells, elevator shafts, and other mechanical equipment (see HTEX 06-007), Amenity: The IPUD zoning district requires a minimum of 200 square feet per dwelling unit to be provided for usable open space areas. The site plan indicates a total of 16,400 square feet (82 x 200) is required, and 46,060 square feet (or 562 square feet per dwelling unit) of usable open space is provided. The recreation amenity area would include a swimming pool and a clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the use of the residents and their guests. The one-story pool clubhouse building of 1,348 square feet is designed to match the architecture and building materials of the townhouse buildings. A covered entry from the condo building will connect to the clubhouse with a trellis. Sidewalks from the north and south of the condo building will lead from the townhouses and the parking areas to the clubhouse. Bike racks would be located on the south side of the clubhouse. The kidney-shaped pool and spa front the Intracoastal Waterway and would have a decorative paver deck around it as well as large planter areas. The fencing around the pool is consistent with the white aluminum rail picket fencing proposed throughout the project. Design: The proposed townhouse buildings will resemble Spanish style architecture with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. Many of the same features are also proposed for the condo building. Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 8 The project proposes a total of 11 townhouse buildings, with colors consisting of the following Sherwin Williams paints: Color code Paint Name Color Location TH Bldg 1, 3, 4, 7, 8, 11 # SW 6344 Peach Fuzz Peach main body, body (relief) #SW7119 Venetian Lace Cream upper body # SW 7006 Extra White White trim banding, columns, mullions, roof brackets # SW 6345 Sumptuous Peach Peach doors # SW 6379 Jersey Cream Yellow TH Bldg 2, 5, 6, 9, 10 main body, body (relief) #SW 7119 Venetian Lace Cream upper body #SW 7006 Extra White White trim banding, columns, mullions, roof brackets #SW 6365 Cachet Cream Yellow doors #SW 6379 Jersey Cream Yellow Condo Bldg main body #SW 6344 Peach Fuzz Peach Condo Bldg body (relief) #SW 7119 Venetian Lace Cream Condo Bldg column base accents, pilasters #SW 7006 Extra White White Condo Bldg trim banding, columns, mullions, roof brackets #SW 6344 Peach Fuzz Peach Clubhouse main body #SW 6379 Jersey Cream Yellow Clubhouse main and upper body #SW 7006 Extra White White Clubhouse trim banding, columns, mullions, roof brackets, and Bahama shutters Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 9 White Aluminum railing on all balconies and fences Monier Life Tile Saxony Slate Brown, Gray Roofs of all buildings lLSCS3903 Florida Blend Lighting: The photometric plan (sheet A-lo2) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The freestanding pole fixtures would be 12 to 18 feet in height and would be located throughout the development at access points, in parking areas, and around the amenity area. Other smaller freestanding fixtures would light walkways, common areas and landscaped areas throughout the development. All proposed lighting will be shielded to direct light down / away from adjacent properties and rights-of-way. Signage: Per the landscape plan, one (1) project entry sign is proposed at the main entrance on Federal Highway. The monument sign would be located in a landscaped median which would separate the ingress / egress traffic at the main entrance drive. The sign elevation indicates that the sign face area is 11 square feet which complies with the maximum sign face area of 32 square feet. The sign face will have a marble tile and border with arched design. The structure would be raised smooth stucco base painted to match the nearest building. Art: An open space is proposed to exhibit public art along Federal Highway in compliance with the newly adopted requirement for developments to provide public art work. The artwork is proposed near a usable open space area and has sidewalks leading to it. This artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. SUMMARY: The Infill Planned Unit Development district standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. The IPUD zoning district regulations state the following: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of 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 expressed in the proposed development plan." The site/master plan design standards exceed the basic development standards for conventional residential zoning districts in terms of site design, building architecture, amenities, and landscape design. Staff Report - Casa del Mar (NWSP 06-015) Memorandum No PZ 06-116 Page 10 RECOMMENDATION: Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented. If this request is approved, it is conting~nt upon the approval of the request for land use amendment / rezoning (LUAR 06-018), request for height exception (HTEX 06-007), and subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. 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'. t. ~~. ~ ~ I IHI Ii ~ ~ ~ II - ~~ ~I ; ii: 'i~ :~~ ~~ il H i ~ : ~I ' . . ~-.~~,~h~~.p ~~'l T ~r " i' . .-- -. l ~ ~ ~ 5 .'i'.'i'.,,~,,~ l.i'.Ii..Ii...., I ! ! ! f ~ : ~ ~ 0 'il. 'il. ,,~.. : 'Iii' ii' iii' HI i p~'! BEl136SEJG p~~:"~pnni 8 ~ osq~d n ~ n 5 ~ ~.; 6~ ~ ~ ~ ~ 0 · " ~ g~~ or: n q d f;; I';;~ q n d f Xl ~~i ~ ~ ~ Z ~ ~ ~ 0 . C5 ~ ~U II Iii UI! ~ C~~NEB~C~?O Ii:!;; umt ~I~t ~ ~~~ ~ ~e g' ~ ~ LANCORE NURSERY ~~I! ;UJ~i J5~ ~ o u h~i s ~ BOYNTON BEACH. FL ;~i~ I ~~ 2: Cl _QIIUoIC'(IOM"'-',oNU.MYO'TT. Wlu.u..IoU.ACrvK>O. yAUOtt:H AJICH~AU NotfTJ ~ NO 'AKI"D'~UIID""""I1.J\H" O..DUKMofI MAV.....IIDOUCIDO"OOPIRDIHlM'rroaM-.1'JOtY'I..WITttOI.1fTtt. """'W'Nn'WoICON:J-.n:OPQIII_~ INC. EXHIBIT E w ~ m VI VI ~ 0 r- C 0 ~ O:l I O:l m -< -.... r- VI ~ ~ ;;; (5 ~ Z 0 ~ m ,., VI m Q (5 z , ,. o. IV f f. X~ ~ . ~ f' ~ m r- m f- ! < > ! ~ (5 i z I i ! i ! ~ r ! I i j ! ! i ! I i ! i i I I i ! i ! i i ! I j I ! i ! ! l: ,L , I IU ~ H Hi~~ GElElGB13B i ~Ge: Hi ' , , ! , , 8 i 01; If. I i I i f g 5 ~ h~ in B p p~ I iii n! I ~ ~ f ~ I'l SID > ~e21 : I Ii I UI;fll_ i CA5A DEL LAGO II~~S; uun ~~~t 0.> ~:: u i~~ .'~p . BOYNTON BEACH, FL ~;15 jillll ~~B u~ i ~ I ; ii~i!.JIVJ;;:~~ w ~ ~ H 1~~1 ~ ~ ~~~c~KRY Uh;R g 3~~ C -ClllltIC'l'~IONU.~~~VIoUOttN~foIC.AU1UOtnI....-. NOn.aTor,",-"-"'_OIl_MA.Y"~OIl_IM""'_WItA.TICIIlMIa~TII'__WUlTDf~or~AVAaCtU1'lC1"l,INIC. EXH IBIT t ---l 'f~"--i=--."='==;::::-- ..-- - -1 -_: -~-=-=f-- '''- -- ----- -- - ------ - - ! ~ i ~--l i ~ i ----------.- I ~ I , ~ I ---1- ! ~ i : ~ --- - i ~ I I I T".-.---~ I J, i J, i I -+- I , I I ------, ~ . ... 1 i ~ i ~ ! ~ I ; ~_n__ i , ~ ! ~__l i ~ i ! ~ --- - ~ , ~ i ! ~ ! --- - ---- -~~=-=~ - --- - - - - - - I ~ I , ~ ! ---t i ~ i ~ ! I -------~- I ~ i - ~-- I ~ i t I ~ i :--- Ii I ~ ! 1____-' ! ~ I I i ~ j ~ i ~ i ~ ! ~ ! i ~ i -j--- i ~ ! ~ ~ ~ ~ i ~ ~ I -1----- ----r-- J,i~'~ ~~ ,J,i , _____1 ------ - i ---1!r~-==r---- _~ I ! ~ ~ i I ~ ~ ' , - -----+- I ~ ~ ! ; . ~ 6: r f- --7 0'--r) ()r 00 zO ()7U r'11l Ilr -iJ> ~z r I ~. q ea c ~;e~ ~ CASA DEL LAGO il~~~: uml ~i€t ~ U~ H;a Mi~~ ~ BOYNTON BEACH, Fl ~;~~ l"jil;1 ~~Q ~ ~~~ i:~ ;;~ ~ i iiil ~~I~~~ I::~ ~ ~~ k~ l~~~ c ~ ~~~I~fV;:'J1cl}(~lRY ~~~~~;e g. 3~ ~ o _~CV.tOH"JOH'.IOMM.M'I'OTT. .....LL.lI\Ml.~DO. VAUOHN AlCH~ 1oU.NOKn ............0. IfO H.aT(WTfl...IOIAS. ,~. OLPUIONI MAY" UraQDUCaOo-.con.1D 1"~POIU4WK.\no~"WI'T1'IourTH'IllPUJI~C'OI<II~otQIJ_.o\IlIOtITlC'n.INC a 1a C ~ i~ ;;?; <~ ~ o }> 7U I""'l }> i ~~ ~ ; ~~ 5 !J' 1?11...J 17 i I~g IWI ~~II i~ L~ ;;;;;~, ~. EO:: ~ '.~v . \.: ~~.j ~. ~ ~ ""'iJI If$til~,k' ~ flAJ rm" \::~ LJ ~F~~~~', I' t ~" / ~ i ((lr> ~ ~: (C-~!)) i "~/ " " y' "= ....l r1] Jillb!I '1/ / - -- --- 1-- -- _ - _ __ / /"-1" :v ~I ~~ 7:~-i L/ '- _,_~ ~~ I ~/ lLf vlll I b - ~ ~ - ---iL- ' ' ~ '~~7" ~ a 1a C ~ i ~ ;;?; < ~ ~ }> ...... ...... j 1 r----- --~~~m-mi 1 it"" /''1i EXHIBIT E 1 I , - I A1 't' I - - I , ~ * . --- I . , - C "'ClUINCY",""fOff.JONII.IoQQTT.""u.u.a..a.N::aYIDO.V~~NC..ALLNOfft'l~ MO.......c.-ntUlIDIA&,PlANa.oa.DalOMl"..T........:tOUCIDOk~...____..-....WJTIKlIUrTM........~cc-nNfot'au-~1foIl:. }>- 7U I""'l }> s ~s ~ ~ ~: r- , () !J' S 1s ~ ~ p- <~ ~- Ol ...... }> 7U I""'l }> ~ ~~ ~ '" .. () !J' II~~;; IIUII ~~~t ~1I ! II1I,I ~~C5 ~~jl! ;JI__p J::~ ~ nil I~ I 3~ ~ , ~ r. ~r _ .b- I ~i ' --I!!-.-- \:: 8~ ' :x / x .. -- ~- - !" ! tt--ZI - ~~ -s:.:s- ~ i~' a. ~ y)) i~ . ,x x I' - I~-- I -1f-~-f--'S--4 - ., i! '. I lJ r ~~ ': ~ J~ ~ LJT~, I ,F'" --lr~-/~ ~ - ,-i~- ~^ E7l1 J ! ! Jrc ^ r xx ---.- ~ F 2<- X X ;: - ;".--< 1----- )< ~ ;,r- )K/X ~ '" m~ ~~ ~,~~~ 2_~~,b. l ill M'~)' 'i'.. ). i; /'~ ~~__~~: - 5.. v ~~~ .. :~ ,fi h rl~; ~: ~ j l! Il-=:t::: ! !.. w ~ /",T~:: ~= :: ~-6 "'_ 4o.l-,d~ik!;] R ~~ ~ 1 .J" I 1 ,F== ~ !" " ", ;-! I : ". i I ")~I----- , ~ / , ~ , , 1 n Ii I lilT U II 0; ~ ' i ~ ~;- ~ H 1~~11 / CASA DEL LAGO BOYNTON BEACH. FL lANCORE NURSERY BOYNTON BEACH. FL ~~-_.~---------~----- EXHIBIT E i ~ ~~ ~ ~ ~~ - <~ -i o 1> 70 f"11 1> i H ~ ~ ;: r- , () !1' r If'""1] (I' 00 zO (170 f"1l<J <J, -;1> ~z I > ~UI I .-< ~ ~~ ~ ~~ ~ ~~ ~ ~ p - < ~ -i 1> ..... i t~ ~ ; ~~ h !1' il Jil C ~ ~~ ~ < ~ -i 01 1> 70 f"11 1> ~ ~E ~ : ~: r- , '(") lfl ~ ~~ ~ r ~~ _ 1> 70 f"11 1> ~ ~~ ~ ~ , (") lfl 11--.-------- ......-- If "~T --] -"" -1 II 11 ~ I I / " ..... ..... ...---------- I~------~--- " " " )1 '" t:-~-~ " " ~ -"'~ " , r " " " " :: / ~ . ~ '. ----------11 " " " " ~~--- :: " J. ~J:- ~ " " " :: ~~ o_~J ') ":~ ,---iu-- ~ ' , I 11<: (") .... " ~';:::=-,::=:=_-=.-=.-=.-::.-=. :: " " " :: " " " " " " " ,--- " n " " " " " J: " " " r: "-, " " ft/ L~.:-_-_ .:-.:-.:-.:-.:-:;-.:-.:-::.:-~ " ii " il " " " " :: ': / / ': " i: '" ii ,,~--- -----~ q H . . ~ ~ C5 I~~a! UUII ~~~t I ~I~ '01101" ~~ Q u II~ -8- ~~II ,JBJ!p J::=S ~ Ui~ ;eH ~ 3~ ~ g~~ I""B ~ ~p U~ I .~~ ~ ~~ ~t ~ - f j U 'hn c CASA DEL LAGO BOYNTON BEACH. FL " ~ ~ C LANCORE NURSERY BOYNTON BEACH. FL (:) - QIIINC'I' rc;t_ rc;tHD......-on. W1LUNoU. ~DO. VALlOI1...Al.CttI1"lCn.,INC.....u &l0lfll: ....,UlV.D.. NO FAaT OF TItU. I~ f'UH1. O..OIIIO<o1I......Y n IlJIPIIOOUC'ID 0"0;0"'0 I" Nrt ~ wt\A.TJOIVI" WITHOVT nn DIl1l,U. wannH 00...-""''1 oPQIJ....W...V~lTK"I'1ltolC- !~: 0, . (fI ()~ 00 zO ()""" f"T\\j ~r ~z r EXHIBIT B > I IV ~ ~~€t ~~~ ;:j~C5 J3!~ e _QUtNC't~.JOfft',.WI'D1'T.WlUMMI.~__~AU._"'_ JIOrJtaTOfn...'__Ok~_..~oaCOftlDIMNf'rIOllMwtt.\TIOftIft.~nII""'-"""~CWQOMW_AlleMrnCn.IMC. ~ .. ... ~~ ~I Ij, I ~ - g~ Ii o . !il !!!lI~ ii 1~~11 g ~ CASA DEL LAGO 1~~S5 111111 I~:~! !UII; ~~~ 'IB 'I Url I Jlcm.rroN JlfACH. FL I LANCORE NURSERY JlOYNTON JlfACH. FL ,--- , n, I I I II EXHIBIT I tTl :> [/) -l ~ ~ tTl -< - :> -l ~ (5 z IJl ~-~T--~~~I II , , HI ~~ - - - ~ ~I - () . 2f ~ I ~I::~~~ H -~ L i i ~ ~~ ~! ...; .., ., . ~~" ~h ~~. n~ .! Oi(ir if" I! . . . ~ . ~ t , . ~~. ~~~ ~~;:: I 'if ! I I . . ;; L t . , , , ~~. ~~~ ~~... ~ ' if i:--I . ! I . - i '~ n ':i .Q SS Q z o ;:>:1 -l ::r:: tTl t"'" tTl -< :> -l (5 Z J .~ C5 > ~p II ;;11111 I CASA DEL LAGO II~!I; Hnl~ ~~~I. v. ~: 6. i~ ~ ~~~~ _ c BOYNTONBEACH.Fl Ui!5 II~lDI ~8C5 g~ Z" I n !!fl! '.I~Jl' JM=S ~ >-' 5l~ H ~~~I ~ ~ ~~N~~cl}nLRY ~~h;e ~g. 3~ ~ C> _QUU<<;Y 1O""~,ot<IU M'IOTT. Wluu..o.oI.~ VAUOtt...^'-CHfT1CfS.IHC..AU..-n1I""'-'O' NO,...a:rOl' T1'tU.II~ I'\o\,loU.0.. DUlOH' -''1''' NP1I.OIJUICM)OIl00nK>I"'~I'OIOM_,...........wrntOUTTM.-.n1 ~(X)toI'--'-Of'QU_^VIolloCttI'TWCn. 1He. l . , ~ [/) o c: -l ::r:: tTl t"'" tTl -< :> -l (5 Z ~~: . . ~ ! ~~~! BElElGBBB ! ~m ~~p n p ~ 8 i ol'K~.nLi.5 i' ~.~ ~ ~ ~ i S ~ 0 ~ '" Ii. ~~ 'I . ~ ii ~ $ r f~~ t d ~ ~ p 2l ~p ~ ~ ~ ~ i ~ .~ ~ 0 Vi (")'Tl or< Zo (")0 tTl"" '1:1'1:1 -ir< ;;~ r< r EXHIBIT B (") t"'" ~ ::c o c VJ tTl "" o o 'Tl '1:1 t"'" > Z (") t"'" C to ::c o c VJ tTl 'Tl t"'" o o "" '1:1 t"'" ~ ILlJf ,,------7' I )-____-( I 'l~ I I I I {I I I I '1 I I I I ~ I I I I ~ I I I I I I I I I I I I I )------\ I tL______~ :: :;; o /;-, ( ~ Fl' 0 \ "Ill 0 ,_/ ~~~<'~n ~ n~PI E B B .' - gj ~ ~ a . . c: t t V> ~ 0; trl ~ ~ ~ H ~ n ~ ~~~~~~~~ ~ ~ ml C5 II ill UU!~ i CAS~NEI~~~O ! 1:!li IUIII ~I!t z ~ I ; !!~~ PJIJ!I' J=:!S ~ ~ H i~~1 E ! ~~V~Wc~~RY nrs;R g ~~ ~ C -QUlI<Il:I' IOtINJON.JONU,.KVUfT.WlLUAMLACft'IDO.V_AIlCHn'IC:'TUNCML.-n1U1l1-.D, NDN&1'Of1'tUQ 1DMt. rI.ANL-D-.-aa----=-o-.CXlftIO...__WtU.~~'I'HI'__WNnaIa>toI~CWaar_~ II'C. r- I z o '" ...., :r: ~ r-n < )- ...., o z '3~ ~~~ ~ ~ ~ l: ~~ ?,r ~~ " ~; ~~ ~~ ~~ ~~ iJ>i; v 0 n :> ,. ~~ I 8~ 0\ [jj~ 0 ~ .... ., u.... ~.~ sio e'" e -< 9 . i.:~ g~~~ ~ -<~ ~~~ ,C~ ozo c=i;a ffi -< . , ~ N r'1 g~ H . . ~ ~ p Ilnl I u~ ~~;~ ~ ~i l~~11 w .1>0 "V\ ~5 70 ~z OJ ~ K' K~' c z ~w! ~!:& a~~ ~ ~ c z " . ,~c Olllr ~d2 6~a ~ w I J I r , ,~.. ""'---..0 , ~ 8~ S~ ~-< ;L! -----+: 6 n I 1- ~~~~ \ CASA DEL LAGO BOYNTON BEACH. FL lANCORE NURSERY BOYNTON BEACH. FL EXHIBIT B ::::~ ~Q ?O ~z ')- ~ Ul! --t . , ~ ~.;:~ 2~~~ !: -<~ ,.....,. )T.,' 9 . ~.~~ g~g~ ~ -<~ ~.~~ g~g~ m -<~ .. Joof.)" 9 . ~...~~ 2~g~ ~ -<~ I I:. j ~-J C5 II~~B: IUJU ~~~t ~.I!l lillnl ~~.3 dil .JBal!' J;;:=S ~ n~s ;ea JU g~ ~ o _ QI/INCr JOHNXlN.}OHU..non. WlLUAIoU. AClVWDO. VALIOHN AJlCntt1Ct1lNC...Al.I. NOKn _0. NO PNt1'Of 'nU" IDJoU. ru.NL 010. DU.oN" MAT.' aarllDDUCW OA.oonft) IH AH'r~_'nQ_ WlTttOUT nt. --.... W'NT1V4 ~OI'ClUMWAV.u.ctlrr.c::n. ltofC UH ~ U" I UIB I ilii ---. III, II . I III, Ii p II~ ~~ . I i I ; ~ ~ E I r ~ I ! ! ~fi I ~ r- mil".. 1,1 ~ "'D ... . ~I .!... I ~ J fill ~ I ======--.~ ------ i ~ i i i ! ~ Casa del Mar PREPARED FOR LANCORE NURSERY CITY OF BOYNTON BEACH, FL XHIBIT E - LAND. DESIGN SOUTH ~-~CInOIiOe EXHIBIT "C" Conditions of Approval Project name: Casa del Mar File number: NWSP 06-015 Reference: 3rd review plans identified as a New Site Plan with a May 30 ,2006 Planning & Zoning date stamp ki mar nl!. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. The minimum right-of-way width for a PUD is 40-ft, (LDR, Chapter 2.5, X Section 9.F.) Please provide appropriate right-of-way widths for all internal roadways and/or make a written request for reduced width, including justification for the request. Justification for any proposed reduction in right-of-way width shall address the adequacy of the right-of- way to handle solid waste storage and truck movement, utility maintenance, and an evaluation of sight distance for backing out of garages. The evaluation of sight distance for backing shall include an opinion, from the Engineer-of-Record regarding the relative safety of this movement within the reduced right-of-wav. 2. The developer has proposed gating this community, providing only 95-feet X from Federal Hwy. to the gate, The minimum standard for stacking per County standards is ISO-feet. Please revise plans to provide this minimum stacking distance. ENGINEERING DIVISION Comments: 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 5. Upon satisfactory Commission approval of the site plan, the applicant shall X I enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 6. The City already has a proposed subdivision in review at the present with a X similar name to Casa del Lago. The new name (Casa del Mar) is pending CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT verification and will be further reviewed during the platting process. 7. Show proposed site lighting on the Site, Civil and Landscape plans (LDR, X Chapter 4, Section 7.BA.) 8. The medians on Federal Highway have existing irrigation and plant material X belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry and Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. 9. Site lighting has been provided in excess (number of lights and intensity) of X what is strictly required by Code. The City's standards are primarily set up for parking lots, not residential developments. Site lighting does need to be provided for the various parking spaces for guests, etc., however simple coach lights should be sufficient for lighting along the roadways. Staff recommends that the lighting design be re-evaluated with these factors in mind. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting 11. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 12. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 13. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 14. 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)), 15. 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. 16. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33 (a). 17. This office will not require securety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 18. 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. 19. PVC material is generally not permitted on the City's water system. X However, since this project is located east of Federal Highway, we may consider the use of PVC C900 pipe for water mains if it is shown that corrosivity will be a problem. This determination will be made during the detailed utility construction plan review. 20. The Utilities Department staff is requiring that each townhouse block (of X three or four units) have a master meter, which will become the point of . service for the department. Each townhouse will then be submetered. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 21. 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) and will be reviewed at the time of construction permit application. FIRE Comments: 22. All buildings require an NFPH 13R (townhouses) and an NFPH 13 X (condominium). 23. All entry gates require a Knox override system. X 24. All entry gates and streets shall be 12 feet wide if one-way and 20 feet wide X if two-way traffic. 25, Provide a turn around for the Fire Department engines at the Clubhouse. X 26. Hydrant locations: no part of any building can be more than 200 feet from a X hydrant. 27. Flow test required is 1500 GPM @, 20 PSI. X 28. All hydrants must be activated up to the point of any vertical construction. X POLICE Comments: 29. All lighting shall be metal halide following IESNA Lighting standards. X 30. Landscaping shall not conflict with lighting (to include long-term tree X canopy growth). 31. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 32. Numerical address: X . Shall be illuminated for nighttime visibility (dusk to dawn). . Shall not be obstructed. . Shall also be placed on the rear of the building if buildings are adjoined by a common area, CASA DEL MAR CONDITIONS OF APPROY AL NWSP 06-015 DEP ARTMENTS INCLUDE REJECT Residential Security: . The door leading into a residential unit should be a solid core door and equipped with a single cylinder dead bolt lock (including garage door). . When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. . If front door has zero visibility to front entryway are, it should be equipped with a 180-degree peephole. . Entry door should open outward versus inward. . All exterior doors should be equipped with security hinges. . Anti-lifting auxiliary locks should be installed on sliding doors and windows. . Should be pre-wired for alarm system. There should be strategically placed directories with arrow indicators for buildings throughout the property at vehicle driver sight level. The directories should be placed at the ingress points. 33. If benches in a park area are intended for nighttime use, adequate lighting X should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. 34. Stairways and balconies should provide open views. X 35. Building architecture should allow for enhanced natural surveillance of all X parking lots and provide a sense of security. BUILDING DIVISION Comments: 36. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 37. 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 2004 FBC, Section 1609 (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. 38. At time of permit review, submit signed and sealed working drawings of the X proposed construction. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE 39. A minimum of 2% of the total parking spaces provided for the dwelling X units covered under the FFHA shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 40. Compliance with regulations specified m the FFHA, Design and X Construction Requirements, Title 24 CFR, Part 100.205, is required. 41. At the time of permit review, submit details of reinforcement of walls for X the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 42. Bathrooms and kitchens in the covered dwelling units shall comply with the X FFHA, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FFHA is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. 43. The applicant shall provide the City with a copy of the letter that is sent to X the County impact fee coordinator. To properly determine the impact fees that will be assessed for the one-story clubhouse, the letter shall answer the following: · Will the clubhouse be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse building. 44. 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. A permit from PBC Health will be required for a well. 45. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S, 373.216. 46. 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: REJECT CASA DEL MAR CONDITIONS OF APPRO V AL NWSP 06-015 DEPARTMENTS · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The number of bedrooms in each dwelling unit. · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 47. At time of permit review, submit separate surveys of each lot, parcel, or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. INCLUDE x 48. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land. · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. · The number of dwelling units in each building. · The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 49. 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. 50. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. REJECT -- CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 51. The condo building structure meets the definition of a threshold building per X F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. . The following information must be submitted at the time of permit application: . The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. . All shoring and re-shoring procedures, plans and details shall be submitted. . All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S, Section 633. PARKS AND RECREATION Comments: 52. Park Impact Fee: 42 single family attached @ $771.00 each = $32,382.00 X plus 40 multi family @ $656,00 ea = $26,240.00 = TOTAL $58,622.00 to be paid at the time of building permit. FORESTER/ENVIRONMENT ALIST Comments: 53. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation on the Irrigation Plan. 54. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 55. Approval of this project IS contingent upon the approval of the X accompanying request for land use amendment / rezoning (LUAR 06-018) and height exception (HTEX 06-007). 56. It is the applicant's responsibility to ensure that the application requests are X publicly advertised in accordance with Ordinance 04-007. CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT 57. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program. 58. The existing 10 foot sewer easement where the condo building is planned X will be required to be abandoned and relocated prior to approval of the application requests. 59. In order to ensure proper maintenance of the buffer areas, staff recommends X converting them from private property to "buffer tracts" that would be owned and maintained bv the Home Owners' Association. 60. The dimension of the parking stalls, and vehicular back-up areas are subject X to the Engineering Division of Public Works' review and approval. 61. Removal of the existing seawall along the eastern property line adjacent to X the ICWW will require permits from additional agencies such as the Army Corp of Engineers and Dept. of Environmental Protection. 62. If an IPOD is located with frontage on the Intracoastal Waterway, X conditions of approval shall include a deed restriction requiring that any marina or dockage build will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit per Ch 2. Sec. 5.L.4.g.(3). 63. At time of permitting, identify / label on the plan where all the required X usable open space is located and the boundaries and square footage provided for each location. In addition, provide total usable open space area required (200 square feet per unit) and total provided in the tabular site data. 64. Staff recommends sodding and irrigating those areas between existing / X proposed pavement on both Dimick Road and Lake Drive and the south and east property lines of the subject property. 65. Staff recommends working with your neighbor to the north (Peninsula) to X utilize their perimeter wall rather than building one immediately adjacent to it. 66. The trees proposed around the townhouse and condominium buildings must X be installed at Y2 the building height of the building (Chapter 7.5, Article II, Section 5 .M.). CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE 67. If potable water is used for irrigation purposes, the use of drought tolerant X plant species (per the South Florida Water Management District Manual) shall be maximized, and the irrigation system should have water conserving designs (such as a drip system), where possible. 68. Lighting shall not be of an intensity that produces glare on adjacent property X (Chapter 9, Section 10.F.2.). 69. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section IO.F.3.). 70. The location of the proposed monument sign in the entrance median is X subject to Engineering review (for safe sight distance) and approval. At a minimum, it must be 10 feet from any property line and surrounded by two colorful varieties of shrubs and two colorful varieties of groundcover. 71. Approval is conditioned on the applicant establishing ownership of the X easternmost triangular portion of the property, which applicant claims by application of the doctrine of accretion. The applicant shall establish ownership by accretion of the triangular parcel by submitting historic aerials of the area, soil tests to eliminate the possibility that the triangular area was created as the result of artificial improvements, affidavits of former or adjacent property owners, or such other proof as may be appropriate. Additionally, applicant shall submit a waiver letter from the State of Florida indicating that the State does not assert claim to the triangular area. The determination of ownership based on the proof submitted shall be by the Development Director, subject to review (in the event of denial) by the City Commission. Issuance of building permits (except clearing and grubbing) will be conditioned on satisfactory proof of ownership of the easternmost triangular section of the land by accretion. Failure to establish proof of ownership of the easternmost triangular section of land within 90 days of approval of the site plan will result in automatic revocation of this development order. 72. The subject property to be developed lies within a hurricane evacuation X zone. The developer shall be required to apprise each purchaser within the development of the fact that they are buying property in a hurricane evacuation zone, and the developer shall provide a mechanism to disseminate continuing information to residents concernmg hurricane evacuation and shelters, through the established homeowners' and condominium associations. 73. Make the following corrections to plans submitted for permitting: (Sheets X A-O.I and A1.0: Site Data, Parking, TH 42 x 2 = 84 required, 94 provided (42 2-car garages and 10 visitor spaces), Condo 40 x 2 = 80 (63 in parking REJECT CASA DEL MAR CONDITIONS OF APPROVAL NWSP 06-015 DEPARTMENTS INCLUDE REJECT garage, 17 outside garage), Clubhouse = 5 spaces west of garage, Total spaces required 169, Total spaces provided on site 179 (plus 9 on-street spaces on north side of Dimick Road). Total Std Spaces = 93, Total HC = 2 74. Make the following corrections to plans submitted for permitting: (Sheet X A 1.0) Area Calculations: Buildings 6-9 = 16 units (not 6), Building I = 4 units (not 16). Condo Floor Plans indicate a total of 30 units, revise to include remaining 10 units (make 3rd/4th floor plans read 3-5 floor) and revise condo data on sheet A1.0. to delete reference to units E-F. Sheet A- Ll: Note entry gate to be white (to match aluminum rail fence). Sheet A- 1.3: Revise parking across from Building I to standard (not HIe) spaces to match site plan. Delete striped area between spaces on all plans. Sheet LP- 3: provide continuous landscaping around 3 sides of dumpster. CRA STAFF Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\NWSP\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT: Lancore Nursery, LLC (Merv McDonald, Managing Member) APPLICANT'S AGENT: Ruden, McClosky, Smith, Schuster & Russell, P.A./ Bonnie Miskel, Esq., and Kim Glas-Castro, AICP AGENT'S ADDRESS: 222 Lakeview Avenue, #800, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 42 fee-simple townhouse units and 40 condominium units on a 4.11-acre parcel in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2632 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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:\PlanningISHAREDlWPIPROJECTSICasa del MarlNWSP 06-0151DO.doc Meeting Minutes Community Redevelopment Agency . Boynton Beach, Florida Proposed use: June 13, 2006 Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and Northeast 6th Court Request to amend the Comprehensive Plan Future Plan Use Map from Mixed Use to Low Density Residential No change Description: Hanna Matras, Economic Planner, presented the City-initiated request to amend the Comprehensive Plan Future Land Use Map for the INCA area from Mixed Use to Low Density Residential. Ms. Matras explained this action was being suggested to reverse a decision made in 1989 to allow mixed use in this area. At that time, there were a lot of single family homes there that were not in good repair. Staff recommended that the land use amendment and rezoning be approved. The residents of the INCA area support the change. Mr. Sims asked if commercial would be allowed and if so, in what areas. There were some businesses to the north of this area he was concerned about. Mr. Breese commented the proposed amendment would be applied only to the residential area behind the commercial, which was not changing. The board did not have any questions or comments. Chair Tillman opened the floor for public comment. Louise DiCamara, 836 East Drive, Harbor Estates, resident of the subdivision in the north section of the south side of the C-16 canal, indicated it was zoned R-1-AA Single Family Residential. It had been that way ever since zoning came into effect. The Mangrove Walk area was from Martin Luther King Boulevard to N.E. 6th Court and zoned R-1-A. Both of the areas were in the INCA land use amendment area. She applauded the City staff for initiating this amendment, which would change the future land use from mixed use to low density residential and bring the Comprehensive Plan into compatibility with the existing properties. Stan Nitkowski, President of INCA Neighborhood Association, declared he understood the Federal Highway Corridor would remain the same, so those commercial properties directly on Federal Highway would retain their commercial privilege. The discussion was of the neighborhoods directly behind them that are residential neighborhoods. The entire area along the east side of Federal Highway was being redeveloped as residential and INCA was very supportive of this. Chair Tillman closed the floor to public comment when no one else came forward. Motion Ms. Horenburger moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential, LUAR 06-019. Vice Chair Norem seconded the motion that passed 7-0. D. Casa del Mar Land Use Amendment/Rezoning 1. Project: Casa del Mar (LUAR 06-018) 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Agent: Location: Description: Proposed Use: D. New Site Plan - Casa del Mar 2. Project: Agent: Owner: Location: Description: Height Exception - Casa del Mar 3. Project: Agent: Owner: Location: Description: 10 June 13, 2006 Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P .A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request to amend the comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to Special High Density Residential (SHDR, 20 dusjper acre); and Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-family Residential (R-1AA) to Infill Planned Unit Development (IPUD). Multi-family development (82 units at 19.95 dusjacre Casa del Mar (NWSP 06-015) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster & Russell, P .A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUID. Casa del Mar (HTEX 06-007) Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden McClosky, Smith, Schuster & Russell, P .A. Ocean Boulevard Properties, LLC 2632 North Federal Highway (east of Federal Highway, north of Dimick Road) Request for a height exception of approximately nine (9) feet to allow a mansard roof to exceed the maximum Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 building height of 45 feet, for a total of 53 feet 6 inches (53' 6") at its highest point. Steve Myott recused himself from voting on the Casa del Mar items since he was employed at the architectural firm that was representing the project. Mr. Myott provided a voting conflict form to the Recording Secretary for inclusion in the record. Ed Breese, Principal Planner, asked for the board's permission to present all three Casa del Mar items at one time and the board concurred. Mr. Breese informed the board the proposed project would promote the efficient use of a long narrow 4.11-acre parcel of land from Federal Highway to the Intracoastal. The agent and applicants agreed with all conditions of approval. Mr. Breese displayed the site plan and described it, including the elevations of the townhouses and condominium buildings. The condominium building would be a four-story building with parking underneath. There would be 10 units on each floor for a total of 40 units. The principal ingress and egress points would be off of Federal Highway. A secondary ingress/egress was located on Dimick Road on the south side of the project. Recreation amenities would include a community swimming pool and one-story clubhouse located on the Intracoastal Waterway, various usable open space areas on site, a central fountain, and public artwork visible from Federal Highway. There was a 20-foot setback from the townhouse buildings along Dimick Road, which mirrored the front setback of single-family residences on the south side of Dimick Road. The proposed condominium building would be set back 20 feet from the southeast property line, with a building step-back of 17 feet from the second floor upwards. The project was evaluated against the Land Development Regulations criteria and found to be in compliance. The property's location within both the Community Redevelopment Area and the Planning Area 1 of the Federal Highway Corridor Study supports the requested increase in allowable density for the area. The height exception for the condominium building was for 9 feet to accommodate a roof over the top of the stairwells and elevator. Staff recommended approval of the land use amendment/rezoning, the new site plan, and the height exception. Bonnie Miskel spoke on behalf of the applicant, saying she had been the attorney that presented The Peninsula project adjacent to the subject property. At the time, The Peninsula was one of the first projects that helped to create a special sense of place for Boynton Beach traveling south on Federal Highway. They had tried to create a "wow" project that was unique, neighborly, and pedestrian friendly. The applicant also tried to create a "wow" project that would make a passerby believe this would be a nice place to live. Jim Williams, architect with Quincy Johnson Jones Myott Williams, reviewed some of the characteristics of the site plan. He displayed aerial views and elevations that showed the colonial island style of architecture. There were two different color schemes for the townhouses and another for the condominiums. The townhouses were all three stories in height of a traditional neighborhood design with the garages in the rear, the entries facing public streets or an internal linear parkway. The condominiums are four stories in height. The project had lush, heavy landscaping. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 In response to Mr. DeMarco's concern about the two parcels that were not part of the project, Ms. Miskel responded the owners had been approached, but were not under contract. Mr. DeMarco also asked about the parking. Mr. Williams responded this had been worked out during the staff review and the applicant had added over and above what was required for parking. In addition to the nine spaces on Dimick, there were additional guest spaces scattered throughout the site. Mr. DeMarco asked if off-street parking would be in the way of traffic and Mr. Williams responded it would not. Ms. Horenburger asked how big the setback was on Dimick Road. Mr. Williams responded it was eighty feet from the front of the townhouses to what could be built across the street in the single-family area. Chair Tillman opened the floor for public comment. Stan Nitkowski, President INCA Neighborhood Association, asked the CRA to pay special attention to this project and remember it for future reviews in regard to the 20-foot set back from Dimick Road, plus 9 feet for parking. This was the first project they had seen where there was an IPUD directly across from residential homes in a neighborhood and to see that large setback made INCA very happy. They hoped this would be a precedent ,moving forward. Mona Murchak, 2624 Lake Drive North, resident of the home on the corner between Lake Drive North and Dimick Road, expressed her concerns. She was concerned the change in zoning would drive down the property values of the existing homeowners in the area. She was also concerned about traffic, noise, and congestion. She was concerned that cars would be parking up and down Dimick Road and blocking access to the residential properties. Dimick Road was a run down, old road that was difficult to park on. Ms. Miskel responded to Ms. Murchak's concerns, saying they were going to improve Dimick Road to raise its quality. The only parking anyone would see was what was planned for Dimick Road today, approximately 9 spaces. They actually showed fewer openings on Dimick than if the parcel were to be developed as a single-family parcel. They were reducing the movements onto Dimick by only having the one opening. Ms. Murchak asked if people could still walk through. Ms. Miskel responded there would be sidewalks and it would be more pedestrian friendly than it was at the moment. Ms. Murchak asked how this would affect access to the water. Ms. Miskel responded one portion of the development would go all the way to the water. This plan had a one story building on the water so the condo building, the taller one, was set back significantly more than its neighbors, helping to preserve the view. Ms. Murchak asked about what had been done with the sewage system where the nursery had been. She contended when it rained heavily, the City had to come pump out sewage. Ms. Miskel commented they would have to comply with all City Codes regarding water and sewer improvements. There was no drainage mechanism at all on an undeveloped site. Their complying with all Water Management and City rules should actually improve the situation. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 13, 2006 Ms. Murchak asked whether garages would be facing Dimick Road, and the response was negative. She also asked if they were providing traffic lights to get in and out of the project, and the response was negative. Chair Tillman closed the floor to public comment when no one else wished to speak. Motion Ms. Horenburger moved to amend the Comprehensive Plan Future Land Use Designation from Local Retail Commercial, High Density Residential and Low Density Residential, to Special High Density Residential and rezone from Community Commercial, Multi-Family Residential and Single-Family Residential to Infill Planned Unit Development. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Motion Ms. Horenburger moved to approve the request for new site plan approval for the construction of 42 townhomes, 40 condominiums, recreational amenities and related site improvements on 4.11 acres to be zoned IPUD. If this request is approved, it is contingent upon the approval of the request for land use amendment/rezoning, request for height exception, and subject to satisfying all comments indicated in the Conditions of Approval. Any additional conditions recommended by the board or City Commission shall be documented accordingly in the Conditions of Approval. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Mr. Breese confirmed staff's recommendation of approval on the height exception. Motion Ms. Horenburger moved to approve the request for a height exception of approximately 9 feet to allow a mansard roof to exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches at its highest point. Vice Chair Norem seconded the motion that passed 6-0, Mr. Myott recused. Ms. Horenburger reiterated a request made at previous meetings for staff to revisit the height codes so that it was not necessary for the board to hear so many minor exceptions. She also wanted them to review the ceiling heights. Mr. Breese responded that staff was taking the height codes into consideration at this time. E. Hemingway Square Land Use Amendment/Rezoning Location: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. 2319 South Federal Partners, LLC/Robert Vitale (Managing Member) 2319 South Federal Highway, northwest corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and 1. Project: Agent: Owner: Description: 13 ~1"Y O,to. >"'- ~ / . ... - - \. I . ) tn 1," . . ..... ......" : . .'1: 0\ .. /(; ;.'~ . . /"" ,~ -<~, .. ON ';) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII. - PUBLIC HEARING ITEM N Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April] 8,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Public Hearing. The City Commission tabled this request on June 20, 2006 and directed staff to confirm that adequate space exists for the driveway without connecting with the adjacent driveway. For further details pertaining to the request, see attached Department Memorandum No. 06-094. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Forest Hill Lot 3, Block 2 (ZNCV 06-007) Octavia Sherrod City of Boynton Beach South side ofS.W. 23rd Terrace approximately 255 feet west of S.W. 6th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped rerrmant lot as a result of 1- 95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-l-AA single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-l-AA single family zoning district. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TlVES' ChU ~;:" Develo e t D artment Director 2~t~ 7 ~ Planmng-and Zo~ Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\Agenda Item Request Forest Hill Lot 3, Blk 2 ZNCV 06-007 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC FL\'''I'!,. 0 ~ - .)- (- . ~-i ',' - - ',:'- X 0\.. .... ... IJ J-',. .: . /'" ~- ~~ '1"0;:'- '" VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in 10 City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18,2006 April 3,2006 (Noon) [ZJ June 20, 2006 June 5, 2006 (Noon) TA-bl ed. 0 May 2, 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) -{-';:", 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) -. "-" -. -- r'J 0 Administrative 0 Development Plans ,,- NATURE OF 0 Consent Agenda 0 New Business h_ - ..,.-~ --- AGENDA ITEM [ZJ 0 f"') ~<._c' Public Hearing Legal -;-;-.~ -.' . 0 Bids 0 Unfinished Business --'~ .: (~~ 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: PIease place this request on the June 20, 2006 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved on May 23, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-094. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRJPTION: Forest Hill Lot 3, Block 2 (ZNCV 06--007) Octavia Sherrod City of Boynton Beach South side of S.W. 23'd Terrace approximately 255 feet west of S.W. 6th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1- 95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-l-AA single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-l-AA single family zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Devel}.:enf;-}'epaz'{;;:o,o, 2J~/ PIanning and Zo DIrector CIty Atto ey / Finance / Human Resources S:\PlanningISHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\Agenda Item Request Forest Hill Lot 3, B1k 2 ZNCV 06-007 6-20-o6.dot S:\BVLLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-094 5T AFF REPORT FROM: Chairman and Members Planning and Development Board and City Commission Michael W. RU~;t'-~ Planning and Zoning Director Maxime Ducoste-A. ~ . Planner TO: THRU: DATE: May 4, 2006 PROJECT NAME/NO: Forest Hill Lot 3 (Main)/ ZNCV 0&007 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy five (75) feet to allow a thirty-four (34) foot variance, resulting in a forty-one (41) foot frontage for a proposed single- family residence within the R-1-M single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum 20 foot rear yard setback to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-1-M single family zoning district. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant/Agent: Octavia Sherrod Location: S.W. 23rd Terrace Existing Land Use/Zoning: Low Density Residential (LDR)/R-1-M Proposed Land Use/Zoning: No changes are proposed Proposed Use: Single-family house Acreage: 0.17 acre (7,509 square feet) Adjacent Uses: North: Right-of-way for SW 23rd Avenue, and farther north the righ~of-way for Interstate 95; A single-family residence, zoned R-1-M, single family residential district; South: Staff Report Memorandum No PZ-06-094 Page 2 East: A single-family house zoned R-1-AA, single family residential district; and West: Buffer wall and the right-of-way for Interstate 95. BACKGROUND The subject property is located within the Forest Hill subdivision. It is currently vacant and zoned R-1-AA, single-family residential dwelling district (see Exhibit "A" - Location Map). Currently, the subject neighborhood is mostly developed with the exception of the subject lot, which has remained vacant due to the physical configuration and the city's minimum lot restrictions. The Forest Hill subdivision was platted in 1957 with lot frontages ranging between 80 to 85 feet. Within the subdivision, the subject block (#2) was originally composed of twelve (12) uniform lots (see Exhibit"B" - Plat Map). When Interstate 95 was created in the early sixeties and late seventies land was expropriated, which included lots 1, 2, 12 and roughly half of lots 3 and 1l.The original lot lines were altered by the 1-95 construction resulting in the subject parcel having less than seventy-five feet of frontage. The subject parcel (Lot 3) has a frontage of 41 feet and a total area of 7,509 square feet. The parcel is also the westernmost lot on the block, and therefore abutting the buffer wall for Interstate 95. It is a non- conforming lot because it does not meet the minimum lot frontage required by the R-1-AA district regulations. In this case, the provisions within Section 11.1.C., Non-conforming Lots are not applicable since the parcel is no longer "a whole platted lot" and the frontage is less than 60 feet. Mrs. Octavia Sherrod, applicant, and Manager of the city's Community Improvement Division is requesting the above-referenced variances needed for a single-family residence on this substandard lot (see Exhibit "C"- Proposed Building and Site Plan). It should be noted that the R-1-AA zoning district allows development of a single-family residence. The minimum lot regulations for a single-family dwelling in the R-1-AA zoning district are as follows (Chapter 2, Zoning, Section 5. D.2.a.): · Lot area: 7,500 square feet in areas developed and/or platted prior to June 13, 1975 · Lot frontage: 75 feet · Front setback: 25 feet; · Rear setback: 20 feet; · Side setbacks: 7.5 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 7,509 square feet; · Lot frontage: 41 feet; · Front setback: 25 feet; · Rear setback: 15 feet; · Side setback;S: 7.5 feet. ANALYSIS .'"he code states that the zoning code variance cannot be approved unless the board finds the fol/owing: a. That special conditions and circumstances ,exist which are peculiar to the land, strocture, or building Staff Report Memorandum No PZ-06-094 Page 3 involved and which are not applicable to other lands/ structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands/ buildings/ or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building/ or structure. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance emphasizing the applicant's response to the above criteria contained in Exhibit "D". Staff concurs with the applicant's response to criteria "b// above that there exists special conditions peculiar to the subject parcel, namely lot frontage and configuration. Staff acknowledges that the previous expropriation action for the construction of the Interstate 95 caused the non-conformity by extracting a portion of the original conforming lot, therefore meeting criterion 'b"above. Also, regardless of what allowable use is proposed for Lot 3, unless assembled with adjacent properties, which are not available, the subject variance for the lot frontage would be required, as the minimum variance needed to make possible the reasonable use of the land. Staff concurs with the applicant that special conditions and circumstances exist, related to lot configuration and size, and the placement of a utility easement, that are not the result of actions by the applicant, therefore satisfying criteria ''a//and "b//above. It should be noted that the construction of a house on the subject lot, within the required minimum setbacks would not likely be possible without lowering the living area below the minimum standard of 1,500 square feet. Further, staff also concurs with the applicant that the approval of the variances will not confer any special privileges. The restrictions and physical conditions of the subject property, makes _~eveloping this lot impossible without the subject variances. Accordingly, denial of the subject variance requests would deprive the applicant of development rights enjoyed by those who have successfully developed other lots in the same subdivision and block. Therefore, criteria "c/'and "d//are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected which just meets the city's minimum living area requirement, which design is a factor of the setback restrictions as well as a required utility easement. Along the western boundary of the subject property, parallel to the 1-95 right-of-way a twenty-four (24) foot utility easement is required by the Utilities Department for a gravity sewer line and water line. Regardless of building layout, any single-family dwelling providing a minimum living area comparable to the existing residences in the neighborhood would still encroach into the rear setback, and therefore, this proposed application represents the minimum variance required in achieving the reasonable use of the land. It should be noted that the lot located to the east of the subject property is developed, thefeby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot frontage. Further, it should also be noted that the lot complies with the minimum width requirement along the fear; only the front dimension Staff Report Memorandum No PZ-06-094 Page 4 Staff finds that granting the variances will. not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including house sizes. RECOMMENDATION Based on the analysis contained herein! staff finds that a "hardship" exists. This request will not be injurious to the area or detrimental to the public welfare! and the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. Therefore! staff recommends that the requested variances be approved! which grant relief from the Land Development Regulations! Chapter 2-Zoning to allow: 1) A thirty (34)-foot reduction from the seventy-five (75) foot frontage required by code to allow a 41-foot frontage; and 2) A S-foot reduction from the 20-foot rear yard setback required by code to allow a IS-foot side yard setback. No conditions of approval are recommended; however! any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "E'~ Conditions of Approval. MWRjMD S:\Pfanning\SHARED\WP\PROJECTS\Foresl HiM lol3 (Main)\Staff Report.doc - / CI'J / LU ( i= . \M l__~--~ ..' 1 in. = 100.0 feet ______ _~HD AVE 1- 5 --rr -' \ I ------~"---- .----------------- --------~~ R 1- 1- ~----------------- ------.- ------ ---------------- ----- --~--------~ --------.....------._-~ (- ----------------------- .-~~ --------.---- \ - ~~ . ~ " ':-' Location Map Forest Hills Lot 3 EXHIBIT "A" .r:.~, 1(7.\ \ j I . "-\'''- . 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" ~ <> C> "" ." X 0- W X VI w"'''' w" .. n ""n .",,, I I' ~ r-.... rnnn nt,t---- \p;:P ;0 -"'~~ c ti 0 &; eix ~ ~~~ r< o ..J C> "" ." X u ii: n n n ., . ~~~ .,,", ~~:i ~~~ a.J~W ~:u- ~ "l c>r-~ ~'" 1-'-' 00 --' ~_J - m -<< o ~Ck: j3S :>1..<.- -<< - ::r: -ou ~i:5 Nm V; 3::z: (/) <no W f- "" :z: o >- o 0 .q: m -. lL <-> - I x'" ~g~ ~.cn ",- zm _ 0-0 t:-Ot-l') 'u~ .~~~e 6~~!!l Nzzl:; g~~: 90Q...:t l.t...OU~ EXHIBIT D Statement of Special Conditions, hardships or reasons justifying the requested exceptIon or variance A. The subject property is a vacant lot, which was originally platted with 85 feet of frontage. At some point, when the Interstate 1-95 was enlarged, 44 feet was taken leaving 41 feet of frontage for the subject lot. Therefore, special conditions and circumstances are peculiar to the land. The majority of the other lots in this subdivision meet the standard frontage for the R1-AA zoning district. B. The sub-standard conditions of the lot existed prior to the applicant taking ownership of the property. Further, along the westernmost part of the lot, a buffer wall separates the property to 1-95. On the east side of the 1-95 wall, a water line and a gravity sewer line run north and south, which requires no less than a twenty (20) foot easement. This technical requirement makes this site difficult to develop without the requested variances. C. The applicant wishes to construct a single-family, approximately 1952 square feet. This home will be approximately the same size as the surrounding homes. The approval of these variances will not confer any special privilege, since no other land exhibits the same special conditions as the subject lot. And other lands which are sub-standards in the RI-M Zoning district have been developed with similar frontage. D. Denying the variance request would deprive the applicant of the development right of this property. Therefore this lot would remain vacant and would entice illegal dumpling. E. The variances requested is the minimum variance it requires to build a single family, which represents the minimum and reasonable use of the land. Further, the proposed single-family house would meet all other building and site regulations. F. The approval of the subject variances would meet the intent and purpose of the zoning code. It would be consistent with the existing fabric and characteristic of the neighborhood induding house sizes. G. The applicant could not acquire property on either side of the subject parcel"as the lot to the east is developed with a single family, while to the West is the Interstate 1-95 buffer wall. EXHIBIT "E" Conditions of Approval Project name: Forest Hill Lot 3 File number: ZNCV 06-007 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- P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHAREDlWP\PROJECTS\Forest Hill Lot 3 (Main)\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Forest Hill Lot 3 APPLICANT'S AGENT: City Of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2006 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy five (75) feet to allow a thirty-four (34) foot variance, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-1-AA single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 20 foot rear yard setback to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single- family residence within the R-1-AA single family zoning district. LOCATION OF PROPERTY: S.W. 23rd Terrace DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 evide-nce 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\Forest Hill Lot 3 (Main)\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida ~ Location: Description: May 23;- 2006 1501 Corporate Drive Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. Chair Chair Wische presented the item and indicated staff recommended approval without any staff comments. Chair Wische opened and closed the floor for public hearing. Motion Ms. Jaskiewicz moved to approve the Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. Vice Chair Hay seconded the motion that unanimously carried. D. Forest HifJ lot 3, Block 2 Zonin~ Code Variance 1. Project: Owner: Location: Description: Forest HiJllot 3, Block 2 (ZNCV 06-007) Agent: Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R1-M single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard se1back of 20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R 1-M Single-family zoning district Mr. Breese explained the applicant is the City of Boynton Beach and further explained Community Development is looking to infill develop the lot. The northwest corner of the lot was 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 ~,,::':.~'W-'~ taken with 1-95 taking. In order to fit a reasonable home on the property, a variance would be needed and the home would need to be situated further back on the property. The City of Boynton Beach assists first time homebuyers. Chair Wische opened the floor for public comments Ms. Maryann Tillet, 710 SW 23rd Terrace, explained the property is a small pie shaped property and expressed concern that the home will be right on, top of her driveway. She was concerned about her property being ruined by the construction vehicles encroaching on her property to access the lot. She explained her neighbor Olga Correa was opposed to the request and believed the home would be undersized and not in keeping with the character of the neighborhood. Mr. Cwynar indicated he would not vote and would step down to speak to the board. He clarified he lives in the subdivision. Assistant City Attorney indicated he did not need to file a conflict of interest and could vote and requested he limit his comments from the dias. Ms. Tillet explained her driveway is on the left side of the lot and there is a wall that comes out at an angle. They would have to encroach on her property to access the parcel. She explained the City, when they maintain the lot, used to drive across her lot to do the work. She also indicated he was interested in purchasing the lot, but did not receive a complete answer and was unaware the County owned it Chair Wische closed the public hearing. Mr. Cwynar explained he lived in the subdivision since 1974. He expressed with the increase in home values, the lot is not the appropriate location to put the home. He concurred with Ms. Tillet and announced the wall is very close to the lot and thought the City should make a handsome offer to purchase the lot and not build a home there. The board discussed the request and some members indicated it would be a mistake to put the home there. The property has 80 or more feet of frontage. Mr. Breese explained the property meets the minimum requirements for lot area and the home would meet the setback requirements for the front and side yards, but would need 5 ft reduction from the rear yard setback. The board further discussed the property meets the criteria for a variance with the 1-95 taking and meets all the requirements other than the frontage requirements. The board noted the lot is much bigger than some of the lots that were approved by the board earlier in the meeting. Motion Mr. Saberson moved for approval of the request subject to all of staffs recommendations. Ms. Jaskiewicz seconded the motion. A vote was taken and the Recording Secretary called the roll. Motion passed 4 to 3, with Chair Wische, and Messrs. Cwynar and Casaine dissenting. E. Fosters Mill Master Plan Modification 12 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 06-137 DATE: RE: Kurt Bressner City Manager ~ Quintus Greene . Development Dire<jort Michael Rumpfl..-~ Planning & Zoning Director June 23,2006 Forest Hill Lot 3 (ZNCV 06-007) - Review for adequate space for proposed driveway TO: THROUGH: FROM: As you know, the City Commission tabled the above-referenced item at their June 20th meeting, and requested that staff confirm that adequate space exists to locate a driveway for the intended home without connecting to, or interfering with the adjacent driveway. A scaled drawing was prepared following the Commission meeting, by the draftsman for the project, showing both the existing driveway and the driveway for the proposed residence separated by 4 feet 6 inches (4' - 6"). The location and width of the existing driveway was field checked by Jeff Livergood, Director of Public . ""orks and Ed Breese, Principal Planner. Although the ultimate distance may vary between .-iveways, there appears to be sufficient space to locate the new driveway without connection with the adjacent driveway. The only other comment that I recall from the adjacent resident was that the building (roof) appeared to encroach into the side setback. Although a response from staff was not requested by the Commission, I will also indicate that the structure wall is the benchmark for the measurement, which meets the required side setback, and in accordance with Chapter 2. Zoning, Sect. 4.J.3, the roof overhang is permitted up to 3 feet into the setback. Please let me know if further information is needed at this time. MR Attachment CC: Octavia Sherrod ~RECEIVED I ILl l 'JJL~;~-~l I L_ ~.~J ~!\~~__~~_OF~ S:\Planning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\Response re driveway design.doc !: )1 ~5 I: g~ \I ^~ .- t, .gg \ II ",0 " 2!ZIn \ I' 11 1-1''"' \ I t / 2" ElClST. .: I \ I' 6'WOOO ' _ _ _ __ _ _ ~~I_ _ __ _~NCE ~_ _ _ _ ____ _ _ --- _ _ _ _ _ --lLL- - - ~ __. - - - _-- ~>~il .. ..__. .__ __.._ ....i. --_....':t~_...._-_.~O!.....__.-~-- . - _________ .i(:1 - u-z---- _n ___n ---It ---------------=\---- --------------- t \., ~ en / I II>-J:g (rt . / I - - - - - - - - 71,- ~ - - In - - ~ - - - - - - - - - - - - - - 7 - t - - l' t_.'. 0.....1'. ~ ~ ~ /8,p,.", : / /' :1--- r ~ ~ .,~.--t / :1 ~ ~ rO) '(~ / I, - _C~ - n I I L [: .....L ---, /.1 J I I I T I, / ~ . :j I ~ ~: I ~ SET BAa- /'/ 1/ ~ '0. /~,. 'B' 1"/ /7 / ~ e..", .:"B../j' ~ /" l Y I /:I . / I ,;r - l',(> I I' 0~ / 1/.k.4'v II .(~. 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I VIII.-PUBLIC HEARING ITEM N.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR'vl Requested City Date Final Form Must be Commission Meeting Turned in to City Clerk's Dates Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 April 18, 2006 April 3, 2006 (Noon) 0 May 2,2006 April 17,2006 (Noon) 0 May 16, 2006 May 1, 2006 (Noon) Requested City Date Final Form Must be Commission Meetinq Dales Turned in 10 City Clerk!s Offl€e::-'::; ~. I-c, c"_"" 0 June 6, 2006 [8J June 20, 2006 TA b/e~ ~ July 5, 2006 0 July 18, 2006 May 15, 2006 (Noon}:,: I ,_:,__1 rev June 5, 2006 (Noon) June 19. 2006 (Noonf: July 3, 2006 (Noon) ~~ -~ ,_l.J ~.::.:;C: :-~:. j-" \ '. r-:-) o Administrative ~ Consent Agenda [8J Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation NATURE OF AGENDA ITEM RECOMMENDATION: That Commission approves Resolution 06- _ for a Special Warranty Deed conveying title to Karen Main for: Lot 3, less 1-95 right of way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida. EXPLANATION: Ms. Main, 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 with moderate income and has selected a city-owned lot to build a single-family dwelling. The lot was granted a variance on May 23rd, 2006, in order to accommodate a 1,952 square foot house. 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 $255,000.00. The vacant lot currently provides no taxable revenue. ALTERNATIVES: None. }J t} <~) .:~"4 )\; \;,,4 Dep~rtmeht Head's Signature Department of Development Community Improvement Division Department Name ~~ City Manager's Signature City Attorney I Finance I Human Resources S:\Community Improvement\Agenda Requests\2006\CC6-20 Lot Main.doc ~ Gary R. Nikolits,CFA Palm Beach County Property Appraiser Property Mapping System -- ~ / / ~. ~ ,<,; / A;,'l?' ~ ,~ .;{? * /.,; / j' I / :/ I' /1 ~. ~. / 6JiA), / 1f110 / } / / ~ / Legend o Parcel BOOOdaJy [0120J Lot nUnber , Owner 'nformation ~ Name: BOYNTON BEACH CITY OF location: SW 23RD AVE Mailing: PO BOX 310 BOYNTON BEACH Fl3342S 0310 2005 Preliminary Assessment Market Va'ue: $32,000 Assessed Va'ue: $32,000 Exempt Amnt: $0 Taxab'e: $32,000 2005 Estimated Tax Ad Va'orem: Non ad va'orem: Tota.: Sa'es 'nformation Sit'es Date .~ Jan-1974 Palm Beach County Property Map Map ScaIe 1 :903 Map produced on 5/1/2006 from PAPA http://www.Pbcgov.com/papa ;;; ; p , c.: :x: o ... W CO Z o I- Z >- o co L.- o ~~~ Sl~", ~~'"' ~~,~ (D w :Ie l- n:: o lL. ~ o r ~ ~W~ ,,~ \S ~~~ "'~ ~ 10 ~ .00 St7/ ....~ ..\.~ o%> ~ II ~r~ r ~ (W'/f':'.D'I'0Jih I t\! 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U> II .:.; ...... <( u tI) .:.; I- ... <:) .",,,,, "'.... ..,,,,,,, ..."" , , , -" .. m..,'" ..,,,,, --- ~wiD !!2.-~~ c \i 0 ~ gix i1: ~~~ ~ ~ ~ ~ w .. ~ 9 ~~~ ox. <<OI ~~~ a..i~m uiQ.z f' N ~ ...... ....0 I I:3 OON ... 0<0 ~J.~ Z"'_ O~O I- 0"., ZN >- -'" g ~:~ 0::>; L.-ZW o I- .......... u~~~ .~~~8 :z >- >-V) 2~~~ 8~~: 3oo..c( L-(JU::::E 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 3, less 1-95 right of way, Block 2, FOREST HilLS, as recorded in Plat Book 25, Page 57, according to 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 Karen M. Main. 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 June 6, 2006 at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-6066. The above agenda item has been postponed from the meeting of JUNE 6, 2006 And will be heard at the next scheduled meeting of JUNE 20, 2006 1 RESOI-"UTION NO. R06- 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 KAREN. MAIN, 8 A PARTICIPANT IN THE CITY'S SHIP 9 CONSTRUCTION PROGRAM; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, Karen Main has been approved for a mortgage from a local lender as a 13 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 17 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 Karen Main conveying title for the lot described as 20 follows: 21 Lot 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as recorded 22 in Plat Book 25, Page 57, according to the Public Records of Palm 23 Beach County, Florida. 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 as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESO\Real Estate\Reso for Special Warranty Deed - Karen Main.doc hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special 2 Warranty Deed to Karen Main. 1 Section 3. This Resolution shall become effective immediately upon passage. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this _ day of June, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor - Carl McKoy Commissioner Robert Ensler Commissioner -- Mack McCray Commissioner - Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\ReaJ Estate\Reso for Special Warranty Deed - Karen Main.doc 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 June, 2006, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and Karen Main, a single woman, whose address is Florida (hereinafter referred to as "Grantee"). WIT N ESE T H: 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 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida. 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 -Karen Main.doc Page 1 IN WITNESS WHEREOF, Cirantor has caused this Deed to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered 111 our presence: Witnesses: CITY OF BOYNTON BEACH By:__ Jerry Taylor, Mayor Signature Attest: (Type or print name) (City Seal) City Clerk Signature Approved as to Form: (Type or print name) City Attorney STATE OF FLORIDA ) ) ss.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of June, 2006, by Jerry Taylor, as Mayor 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: NOT AR Y PUBLIC (Type or print name) S:\CA\Departments\Community Redev\Special Deed -Karen Main.doc Page 2 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOR] Requested Ciry Commission Date Final Foml Must be Turned Requested City Commission Dare Final Form Must be Turned ~leel!..JlK.J2;l_t_<:5 In 10 CIty Cklk:.LOIfiu: M eUU'1U2ales In to CII)' C!elk's Office 0 Apnt 4. 2006 "-latch 20, 2006 (Noon} 0 June 6. 2006 !\Jay 15.2006 (Noon) 0 April 18,2006 ApI,) 3, 2006 (Noon) [2J June 20, 2006 June 5, 2006 (Noon) 0 \1ay 2.2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May J 6. 2006 May L 2006 (Noon) 0 Julv 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA HEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation [2J City Manager's Report RECOMMENDATlON: 'aintain existing service area boundaries to achieve greatest system efficiencies and lowest capital costs. EXPLANATJON: The current Utilities Service Area boundaries are shown as the blue dashed line on the attached map. The dark green highlighted areas are those parcels outside the City limits that are currently in a low-density usage, and would likely be developed in the foreseeable future. The blue highlighted areas are those parcels outside the City limits currently in the process of development. Obviollsly, most of the service area is already developed. There is a higher potential for redevelopment inside the City limits than outside the City, for the foHowing reasons: · In general, there are more housing units inside the City that are greater than 35 years old. · Many of these older units are situated on coastal lands that have experienced dramatic increases in property value. · The City has proactively planned and pursued more favorable densities, prompting redevelopment within its limits. Given the above reasons, much of the service area's future growth is expected to result f[om redevelopment of existing built-up areas, and most if not aJJ of those areas wiH occur within the City limits. Therefore, we can expect a very high percentage of future "new" demands for water and sewer to also be generated by areas within the City. Given the lower zoning densities in the unincorporated areas, the anticipated "new" demands from undeve loped areas outside of the City limits is almost insignificant. In addition to the anticipated low additional demands for new capacity, the customers outside the City limits '}erience a 25% surcharge on their water and sewer biHs to help offset the costs to the City. The Joss of a - lcal single family home account in the unincorporated area would therefore have a greater negative impact on budget than a similar loss within the City limits. (1t must be noted that the accounts within the Town of Ocean S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNT()N BEACH AGENDA ITEM REQUEST F()RM Ridge do not experience this surcharge. but the Town owns the piping system within its limits. and be:ns all maintenance and replacement costs of that system directly.) In addition, the water and sewer piping nc1\vorks arc an integral part orthe City's utility system. Carving out portions of the western service area would require large-scale redesign and construction of ncw piping networks so as to maintain adequate pressures and flows to the remaining network. PROGRAM IMPACT: Re-strueturing the service area boundaries at this time \vould be highly disruptive, without yielding significant gain to the City. FISCAL IMPACT: Changes to the service area boundaries could result in significant costs, and loss of revenue. depending upon the extent of the changes ALTERNA TIVES: Greater detail on the scope of changes is required before alternatives can be explored. 4~ ~-=z~- Depanment Head's Signature a~ CIty Manager's SIgnature t)T( L.\ T Ie. Department Name City Attorney / Finance /} luman Resources XC: Peter Mazzella (w. copy of attachments) Michael Low Barbara Conboy Carisse Lejeune File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ir,{. 0:: ~ l!J U) 0:: ~ Q <: oq: 0:: 0:::1 <0 r0 N lO ~g!t;~~~ ~fijN"- r0 :J::en h ~ n:::1~ ~ ~ WO(J)'<;f" U>.....Nr0..- hc(N'-- ~~ ..- 0 0> C> t-,--oot- r0'<;f"..-0> t-oo lO lO 0> . r0 t- r0 lOoo'<;f"t- lO,--C\jO> t-NC\j,-- t-oo (D (J) N <0 <0 ocr ~ to 00 00'<;f"(J) <::> ..- <O'<;f"oo C> C> Wt-ON ..- r0N..- 00 "" ~~r-r- r0 t- r- oo >-- N ~ W en "'I ~ s; ~ 00 t-t-'<;f" 00 0 00 '<;f""-N 00 t- WO>'--'<;f" lO t-NN ..- t- I--r-r-r- '<;f" t- ..- 0> c(N N ~ ~ <: ::::> 0 0 >. >. C 0 >. >. 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W 0:: W 3: w en ::!? o C') Ii) ~ 0) C 'ii) I E ::J E ro ~ co .0 ~ ~ '- ~ ~ <1> "O>'"O>.E '- = .- = E ~ E ~ E 0 0::20::20 II . 0 .'.;'~ ....0 0......., N ::f? o "<t ..- :y.\-, ,,,'i-:<-"irA:'-'\~': ~ ... in. Undeveloped Areas Outside City CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX.-CITY MANAGER'S REPORT ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans " NATURE OF 0 Consent Agenda 0 New Business ~-:i ."", AGENDA ITEM 0 0 '-..~:., Public Hearing Legal 0 Bids 0 Unfinished Business "-_'J 0 Announcement 0 Presentation [8J City Manager's Report '--_: r~~ ;-~ roc, ._-~ f-r~ RECOMMENDA TION: Continue to fund stonnwater activities at the current rate, at least until 2012, at which time a significant reductio;)" may be enacted based upon current capital needs and bond repayment debt schedules. ;~T~ ~; EXPLANATION: The monthly storm water rate was fixed at one dollar per month per Equivalent Residential Unit (ERU) from the time of its inception until May 6, 2000, at which time it was increased by ordinance to six dollars. The rate was subsequently reduced to five dollars per ERU on April 2, 2002, and remains at that level today. By definition, each single family home, townhouse or condominium unit is billed at the rate of one ERU per month. Commercial property is also billed monthly based upon the number ofERU's contained within the property, using an equivalency factor of 1,937 square feet of impervious area being equal to one ERU. This factor was calculated in the initial rate analysis performed by CDM in November 1992, and is included as an attachment. The stormwater fee is intended to fund the operation, maintenance, testing and development of the City's current and future stormwater system. These are ongoing activities, and will continue to require a revenue source for the foreseeable future. As such, this fee is more similar to water and wastewater fees, rather than capital charges or special assessments which have a finite goal over a limited time. Some cities, such as Delray Beach, title their fees as assessment programs, including an assessment role, which is reviewed and/or revised annually. Their total capital outlay for the current fiscal year is only $1.3 million. In comparison, Boynton Beach's anticipated capital outlay over the next 5 years will average approximately $2.6 million. At this time the City's stormwater fee has not covered all of the stormwater expenses incurred. Bond proceeds and reserve funds have been used to make up the difference between revenues and expenses. This shortfall in revenues over expenses is anticipated to continue for the next five years ifthe rate remains at current funding levels. Increased densities in the redevelopment areas of the City will increase revenues somewhat over the next five years, but those gains will be offset by anticipated increases in the cost of constructing capital projects. S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The stormwater fee is intended to fund the operation, maintenance, testing and development of the City's current and future stormwater system. These are ongoing activities, and will continue to require a revenue source for the foreseeable future. The storm water fee was enacted to remove the burden of funding stormwater improvements from our water and wastewater customers, and allocate that burden to those who are receiving some benefit from the stormwater system. The City's stormwater program is limited to the City proper, whereas we provide water and wastewater services to unincorporated areas and other municipalities that do not derive any benefits from the City's stormwater program. Therefore, utilizing stormwater funds for stormwater programs maintains equity and fairness to those water and sewer customers outside the City. FISCAL IMPACT: Please see the attached tables 1-5 that detail expenditures, revenues and capital costs of the stormwater program since its inception, and also show the sources and uses of all funds involved in the program. Through FY 2005- 06, we anticipate the program will have spent $28,109,888 in capital improvements, and $5,559,618 in operating expenses. $15,378,757 of the capital funding was derived from the 1996 Utility Revenue Bond issue AL TERNA TIVES: The stormwater rate for the City of Boynton Beach is intended to fund maintenance and improvements to the City's stormwater systems. A continued focus on surface water quality issues related to storm water pollution has made this program essential to the preservation ofa safe and healthy environment. As part of the City's commitment to environmental Stewardship, it must maintain a safe and effective stormwater treatment system. Similarly, the City's commitment to financial Stewardship requires it to arrange adequate funding for its capital improvement and maintenance activities. To date, the City has constructed several capital projects that have improved surface water quality and eliminated flooding in critical areas. Many of these areas lie within commercial districts, and it is therefore reasonable that commercial users pay their fair share of the costs, as a group. We, therefore, do not recommend a separate rate structure for commercial and residential users at this time. In light of the above, here are the alternatives available to the City of Boynton Beach at this time: I. Maintain the status quo by continuing to use the current rate structure for stormwater fees. Prioritize stormwater projects by need and environmental impact, and fund those projects that can be accommodated by the current rate; or 2. Adjust the rate structure to provide credits to those users maintaining private systems, while increasing the overall rate to maintain sufficient revenues. This action will effectively increase the rate to those users obtaining stormwater control through public systems; or 3. Reduce the rate at some time in the future when all capital projects have been constructed, and the funds borrowed from water/sewer retained earnings have been reimbursed S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC !\1"~A- / ., 0 f f" ' ",: - ~ ill \,/> :r 0'. .. ...... (J ..:>c ~~ ?"ON '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Ar~ j) Department Head's Signature I<~~ ~~ City anager's Signature Department Name City Attorney / Finance / Human Resources xc: Peter Mazzella (w. copy of attachments) Michael Low Barbara Conboy Carisse Lejeune File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC STORMWA TER COSTS AND REVENUES EXPENSES Downtown Stormwater Project Costa Bella Swales NE 12th Ave. LS 317 Drainage NE 7th-10th Ave (i.e. INCA-land purchase and eng. only) INCA (const.) Seacrest Corridor (eng. only) Poinciana Heights Railroad Ave. NE 17th Ave. IntracoastalOutfalls (engineering) Industrial Ave. East Plant Drainage Reline/renew storm drains (Chapel Hill, Skylake) Rolling Green TOTAL CAPITAL COSTS, INCL. FY 2005-06 BUDGET TABLE 1 TOTAL OPERATING COSTS INCL FY 05-06 BUDGET $4,070,967 TOTAL STORMWATER EXPENSES YEARS 2000-2006 $25,627,292 PROJECTED FUTURE EXPENSES 2007-2011 Seacrest Corridor SE Federal Hwy. Rolling Green/N.E. & N.W. 17th Ave. NE 20th Ave, North & South Road Misc. Renewal and Replacement or Studies TOTAL FUTURE CIP EXPENSES 2007-2011 $4,784,000 $2,662,000 $1,568,000 $400,000 $1,500,000 $1,190,000 $12,104,000 TOTAL EST. OPERATING COSTS - 2007-11 $5,300,776 TOTAL STORMWATER EXPENSES YEARS 2006-2011 $17,404,776 REVENUES TOTAL REVENUES FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 TOTAL REVENUES FOR PERIOD PROJECTED REVENUES FY 2006-07 FY2007 -08 FY2008-09 FY2009-10 FY 2010-11 TOTAL REVENUES FOR PERIOD $3,606,130 $3,406,275 $3,144,092 $3,194,392 $3,221,653 $3,250,000 $19,822,542 $3,300,000 $3,350,000 $3,400,000 $3,500,000 $3,600,000 17,150,000 STORMWATER RATE COMPARISONS FOR OTHER CITIES OF SIMILAR SIZE TABLE 2 RATE PER ERU PER MONTH IVIA^IMUM REDUCTION FOR PRIVATE SYSTEM USERS CITY Boca Raton * Boynton Beach Delray Beach** West Palm Beach*** $2.90 $5.00 $4.50 $6.77 25% 63% , Charges multifamily units at 0.6 ERU; uses 2,837 sq. ft.lERU for commercial , 'Titled as an Assessment program. Also grants a 25% credit to users in LWDD, and levies a charge upon undeveloped land Establishes individual assessments for various properties "'Will increase to $6.95 on Oct. 1,2006 and to $7.14 on Oct. 1,2007; uses 2,171 sq. ft.lERU for commercial CAPITAL EXPENSES COMPARISON OF FUNDING & EXPENSES BY LAND USE TABLE 3 Total Spent or Budgeted 2000-06 (from table 1 $8,229,770 $13,326.555 Total $21,556,325 Primarily Residential Area Projects Primarily Commercial Area Projects REVENUE SOURCES Residential Commercial Totals Received for Calendar years 2000- 2005 $6,420,067 $11,946,278 $18,366,345 Percentage of Total 38.18% 61.82% 100.00% Percentage of Total 34.96% 65.04% 100.00% SOURCES AND USES TABLE 4 HISTORICAL Total Capital Spent on Stormwater Improvements From Inception of Program From 1996 Bond Issue proceeds $15,378,757 Percentage of Bond Proceeds Dedicated To Stormwater Projects 57.40% Total Debt Service Attributable to Stormwater 1996 Bond Issue- 1996 through FY 2006 $11,748,362 Capital Expenditures funded from Reserves FY 2003-2006 $6,177.568 Total Capital Expenses from Debt Service & Reserves $17,925,930 Total Operating Expenditures Inception to FY 2006 $5,559,618 Total Expenses thru FY 2006 $23,485,548 Total Revenues thru FY 2006 $19,822,542 Surplusl (Deficit) for period ($3,663,006) FUTURE (FY 2007-2012) Expenses funded from reserves $12,104,000 Debt Service payments $8,424,871 Operating $5,300,776 Total Expenses $25,829,647 Anticipated Revenues $20,850,000 Surplusl (Deficit) for period ($4,979,647) TABLE 5 FUTURE LONG- TERM REVENUE DEMAND FORECAST Funding from reserves - inception to 2006 ($3,663,006) Funding from reserves - 2007-2011 ($4,979,647) TOTAL UNFUNDED CAPITAL BORROWED FROM WATER/SEWER RESERVES ($8,642,653) Est. annual revenues beyond 2012 Est. debt service per year Est. Operating costs per year Future est. retained earnings per year $3,800,000 $0 ($1.168,746) $2,631,254 Number of years after 2012 required to offset borrowed reserves with net revenues 1.89 5.0 RATE POLICY F;.I.J..- - r~...,., w t-,{, r f(,,)~ J~,{) /) COM 5.1 INTRODUCTION The stormwater utility is a funding alternative developed to allocate an equitable share of the costs associated with stormwater management to customers within the City. Stormwater utilities typically base such cost allocations on the storm water runoff characteristics of land parcels used by the customer. The amount of runoff from each land parcel is proportional to the services provided by the utility. A history of flood damage is not required for property to be served by a stormwater management system. All properties contribute runoff to the drainage system regardless of flooding potential. This runoff must be safely transported by the City's drainage system in order to prevent flooding of structures and roadways. Additionally, new federal stormwater permitting requirements focus attention on water quality impacts from urban runoff. Several factors influence the amount of stormwater generated by a particular parcel of land, including: the parcel size, the soil type, the topography, impervious area, and the parcel's development intensity. Analysis of extreme rainfall events used in stormwater management planning and design has shown that the amount of impervious area is the most important parameter affecting the quantity and quality of runoff. Since this value is easily quantified, rate policies developed for stormwater management utilities should primarily focus on the amount of impervious area to determine the procedure for allocating storm water management costs to utility customers. Impervious area of a parcel refers to surfaces which have been covered with material (including structures) that is highly resistant to the infiltration of water. For example, rooftops, pavements, etc., are impervious surfaces. The most fundamental requirement of any utility system is equity -- assuring that the benefits received are consistent with the fair share of cost. In the case of a storm water utility, the primary benefits are measured in terms of reduced flooding and enhanced water quality throughout the area served by the utility. Inevitably, additional direct benefits are received 5-1 6276\OO3Irlsec5 lJy some individuals as a result of reduced flooding and increased property values, but the primary purpose of a storm water management program is to provide community-wide control and management of stormwater. Equity is.a~hieved by basing the stormwater utility fee on the user's impervious area which is directly related to runoff contribution, independent of the location of actual runoff. Based upon experience gained in previous stormwater utility studies prepared by CDM, the most convenient and equitable base unit for establishing a storm water utility fee is based on a residential billing unit. A residential billing unit is defined as the average impervious area of residential dwelling units and associated lots. This includes patios, driveways, sheds, etc., which are associated with a residence in addition to the impervious area of the dwelling structure. The equivalent residential unit base is often chosen for the utility because it describes the largest group of customers and one which is generally uniform in runoff potential. Therefore, this group provides a base for establishing the relative runoff potential for all other property and simplifies administration of the utility. This approach is consistent with other types of user fees in that the fee is based on the rate of use (potable water) or generation rate (solid waste), but the rate is independent of the user's distance from the facility providing the service. In most cases, there is a base rate (Le., 6,000 gallons/month; two 30-gallon cansper pick-up, etc.) for all residential customers, and another rate structure for non-residential users. The "base rate" reflects the need to balance complete equity with administrative cost of billing for the service provided. Typically, this balance is achieved by providing a rate structure which distinguishes between major differences in use (or generation), but simplifies the administrative costs by establishing a series of user classes. 5-2 6276\OO3\r\sec5 5.2 STORMW A TER UTILITY RATE POLICIES Two alternative rate polices have been devel?ped for allocating the cost of storm water management, each based on a different definition of the residential billing unit: the average single family unit and the equivalent residential dwelling unit. 5.2.1 AVERAGE SINGLE FAMILY UNIT The average single family unit (SFU) is a relatively straightforward rate policy that has been implemented by a few utility programs. The average impervious area of single family detached homes is the base unit for this rate policy. This rate policy is referred to as the "SFU" rate policy and its base and billing units are referred to as "SFUs". Single family homes are typically the largest customer class making up 50 percent or more of the stormwater utility customers. It is also a class in which the impervious area does not vary significantly from one parcel to the next. In Boynton Beach, this customer class comprises 50 percent of developed parcels and 42 percent of the residential dwelling units. Under this rate policy, single family residences are charged one unit (i.e., 1 SFU). All other customers are charged a fee based on the total impervious area on each parcel divided by the average impervious area of a single family parcel, which is 2,496 square feet for the City of Boynton Beach. Table 5-1 presents the calculation of the SFU base value and Table 5-2 displays a summary of the revenue base units and total units for each land use category. It is estimated that this rate policy will generate 28,000 SFUs. At a rate of $1.00 per month and a 93 percent collection rate, this equates to $312,500 in annual revenue. This rate policy will generate the lesser amount of units over which to distribute stormwater expenditures. 5-3 627610031rlsec5 'l'AJ:SL~ ;'-.1 SFU AND ERU CALCULATION Data Summary from Parcel Analysis Total Impervious Number of Area Dwelling Parcels (Acres) Units Single Family 11,202 642 11,202 Mobile Home 1 9 254 Multi-Family 382 164 5,036 Condominium 10.446 383 10.446 Totals 22,031 1,198 26,938 Base Unit Calculations SFU(l) = Total Single Family Impervious Area Total Number of Single Family Dwelling Units SFU = 642 Acres x 43.560 Sq Ft/Acre 11,202 Dwelling Units SFU = 2,496 Sq FtlDwelling Unit ERU(2) = Total Residential Impervious Area Total Number of Dwelling Units ERU = 1,198 Acres x 43.560 Sq Ft/Acre 26,938 Dwelling Units ERU = 1,937 Sq Ft/Dwelling Unit (1) Single Family Unit (SFU) which is the equivalent residential unit for the single family rate policy. 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N 0 ~ f-< ::> Z ~ ~ ~ tlJ >- 0 tlJ <Ii on l:G tlJ '" ::> 0 l:G ~~~g~ ~ " 0 >< tlJ :3 ~ tlJ tlJ ...l ~ ~ ~ ~ ::E ~ Z ~ g~~~3 0 0 t5 U ....l :r: :i gj ~ ~~gg~ tlJ lIJ ~ tlJ ...l 5 0 ::s ...l m ~ ::> t)>~~~ ~ 0 ::s Z 0 ::> 0 0 ~ ~g<t:::S;:J ::> <Ii ::s ::s U U ....; N M ..f .n ..0 ....: . .ci~t'i 00 0'\ 1""""4 .-l ,..-.f 5-5 ...,;, :~ iJ ... co co c .g '" s .... ..s .S u ..c:: '0- u o c u .~ 01 " U ..c:: o 0 Z ::l -; .!:! .... c g ;:J u o ~ i.I:; '" '" " .~ '" '" 0.. 0.. < C .... " 0.. o .... 0... >- <= ::> 8 ..c:: u '" " co ,g '" 0... " -5 a o ~ .~ v " tr.. " .... '" ::> r::r '" o 'C V1 <'i -.;T \I u '" u < v " tr.. u .... '" ::> r::r en o o C'l .~ U >-~ ~ eo a 0.. "'.?:- '.6 " '" ~I .- u "'- .... bll .s .~ "'..c:: ~ ~ . '" u g ~w .;:: ~ ..s "''''0 E 'E; ~ 0'0 '" '<:-8 ._ co._ ~5 ~ ~ 13 ~ :> - '" 'C e ~ "'C __ fn - ::> .~ t3.0 <=.~ E ._ _ u C'l:I'- 0. 8 . e ::s .- 00" cu-5 gsg '0",'0 w.!:! ~ "'0'0 .; B co .... '" c 0.."''' 0..::>'1) <0.0 :>,'5= .. ..-" co ..........c:: uo." o.c:::> .~J: ~ ~ u u ~.~ --..c:co..c: obCOb ZI u s~ u '-' u V) .~ v .. '" u ..c:: u :2 ~ .s .. " 'C o bll ~ '" u e a ~ ;:; 8 oj 8 o ..c:: .!! :0 o 8 v -5 .... ..s c. u u x " U ~ '" 0. '" U 0. .~ <<l V '" co '" ::> o . 'E '2 &,::> .51.5 ~~ '" ~ u~ ~&. I e .; v '6 ::> Vi ::s Cl U .. ::> o .~ .... 0.. 8 o ~ '0 ~ '" .!3 Ji I c '" 5: " :> .<;i c " ..c:: ~ 0.. S 8 ..c:: u '" u co c: o a o co ..... o c D v -5 8 o ~ '0 ~ '" .9 Ji I E o ~ '0 ~ '" .9 Ji I bll .S 0. 8 '" .. '" .g "= ~ '" ~ "" :::- "" ~ 5.2.2 EQUIVALENT RESIDENTIAL DWELLING UNIT The equivalent residential dwelling unit (~R~.J) definition is similar to the SFU concept except that instead of averaging only single family parcels, dwelling units from all residential parcels are included. Dwelling units include single family units, multi-family units (duplexes, triplexes, quadplexes, and apartments), mobile homes, and condominiums. This rate policy is referred to as the "ERU" rate policy and its base and billing units are referred to as "ERUs." Because non-single family residential parcels tend to be smaller than the single family parcels, the ERU average impervious area of 1,937 square feet is smaller than the. SFU equivalent as shown below for Boynton Beach and other cities. Calculation of the ERU base unit is shown in Table 5-1. (SFU) (ER U) Average Equivalent Single Family Residential Unit-Impervious Unit-Impervious Ratio Policy Location Area (Sq FO Area (Sq FO ERU/SFU Employed Tallahassee 2,658 1,981 0.75 ERU Daytona Beach 2,257 1,661 0.74 SFU Miami 2,147 1,191 0.55 ERU Ocala 2,474 1,948 0.79 ERU Oakland Park 2,524 1,507 0.60 ERU Boynton Beach 2,496 1,937 0.78 NA Port St. Lucie 2,280 2,145 0.94 ERU Hillsborough Co. 2,580 1,620 0.63 ERU Cape Coral 3,296 2,823 0.86 ERU Under this rate policy, all residential units, regardless of residential class, would be charged one equivalent residential unit (1 ERU). The rationale is based on a closer examination of the effect of impervious area, discussed in the next subsection. Non-residential customers would again receive a bill determined by dividing their total impervious area by the average impervious area of all residences. A model of this rate policy is shown in Table 5-2. This policy generates an estimated 35,900 ERUs and an estimated annual revenue of $400,600 at the $1.00 per month billing rate assuming a collection rate of 93 percent. 5-6 6276\003\r\sec5 5.2.3 EQUITY The Average Single Family Unit rate poliqrI?akes the assumption that each square foot of impervious area has the same impact on the stormwater management system. The Equivalent Residential Dwelling Unit rate policy is based on a concept used in stormwater engineering known as directly connected impervious area (DCIA). DCIA represents the portion of impervious area that contributes runoff directly to surface water conveyance systems (i.e., street gutters, storm sewers, ditches, culverts, streets, etc.) and is a better indicator of the storm water runoff impacts of a given parcel than is the total impervious area of a parcel. When detailed hydrologic analyses are conducted, the percentage of DCIA from a contributing area becomes very important in simulating surface runoff and subsequent flow contributions to channels. The typical percentage of DCIA to total impervious area ranges from 20 to 60 percent for single family residential neighborhoods and from 60 to 90 percent for higher density multi-family residential and commercial neighborhoods. Given equal areas of impervious s,urfaces, non-single family residential property will have between 1.00 to 4.5 (60/60 = 1.00 to 90/20 = 4.5) times more DCIA than single family property. Even though the average non-single family residential dwelling unit may have less impervious area on a pro-rated basis than the average single family residence, its contribution to stormwater runoff is similar to the single family residence due to its greater amount of DeIA. This is illustrated in Figure 5-'1. By dividing the total impervious area in each residential class by its corresponding number of dwelling units, it can be seen that the impervious area per dwelling unit ranges from 1,417 square feet for multi-family units to 2,496 square feet for single family units, a range of 1,080 square feet. 5-7 6276\003\r\sec5 PAVEMENT 40,000 SO FT . . . . - . - . . . . ....~............ .. ". .. .... .. .... '. '" . . . . .. ... . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . .. '. . . . . . . . . . . . . . - .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . " .- . . . . . . . . . . .. .. . . . " . . " " . . .. . . . " " . . . . . . . OFFICE BUILDING 10,000 SQ FT .......... . . . . . . . . . , . . . " . . . . . . . . . . . . . . . . . .-. . .. .. . . '" . .. . . . . .. . . .. . . '. .. . . . . . . . '.. . .. . .. . '. . . . . . .. .- . .. . . . . . .~.Jf&... ..~...:.... D - IMPERVIOUS SURFACE D - PERVIOUS ("GREEN") SURFACE 10,000 SO FT + 40,000 SO FT 1,937 SO FT/ERU STORMWA TER UTILITY FEE CALCULATION NON-RESIDENTIAL PROPERTY BOYNTON BEACH, FLORIDA . . . . . = 25.8 .ERUs environmental engineers. scientis/s. C [ planners. ,rc managemen/ consulton/s FIGUR I . l- ( ~ \ / ,~ " l- AVERAGE IMPERVIOUS AREA 2,496 SQUARE FEET ~ ( ~ l- ~ \ - .- ~ . AVERAGE IMPERVIOUS AREA 1,510 SQUARE FEET per DWELLING UNIT MOBILE HOME PATIO / ~ ~ ~, ' ~ ~ WALKWA Y ~ SIDEWALK ~ ~ ~ ~ l- 0 0 SINGLE FAMILY RESIDENCE DCIA FACTOR = 40% DCIA 0.40 X 2,496 998 SQUARE FEET per UNIT A VERAGE IMPERVIOUS AREA 1,417 SQUARE FEET per DWELLING UNIT '~ ' ~ ' \ \ \, \ DWELLING UNIT 1 .. ~ ~ MULTIFAMILY RESIDENCE DCIA FACTOR = 75% DelA 0.75 X 1,417 1,063 SQUARE FEET per UNIT C!::lJ PERVIOUS AREA (DRAWING NOT TO SCALE) D IMPERVIOUS AREA (NON-DCIA) COMPARISON OF IMPERVIOUS AREA AND DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA) BOYNTON BEACH, FLORIDA MOBILE HOME PARK DCIA FACTOR = 60% DCIA 0.6 x 1,510 906 SQUARE FEET per UNIT AVERAGE IMPERVIOUS AREA 1,597 SQUARE FEET per DWELLING UNIT ~ ~ o ROAD CONDOMINIUMS DCIA FACTOR = 60% DCIA 0.60 X 1,597 958 SQUARE FEET per UNI T ~ DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA) environmental engineers. scientists, planners, &: management consultonts COIV FIGURE 5 When the impervious area is adjusted for DCIA, the multi-family dwelling unit becomes the largest contributor at 1,063 square feet and the mobile home dwelling unit becomes the smallest at 906 square feet. This reduces Jhe difference to 157 square feet; an area approximately 12.5 feet by 12.5 feet. That is, the difference is negligible considering the limited accuracy of the numbers used. There is little significant hydrologic difference in the DCIA adjusted impervious areas for the various residential classes. Stormwater utility charges based upon using the equivalent residential unit rate policy reflect this situation. 5.3 BASE UNIT AND CHARGE The equivalent residential dwelling unit rate policy defines the base unit as the average impervious area per residential dwelling unit. For the City of Boynton Beach, the base unit (ERU) is estimated to be 1,937 square feet. This estimate was calculated by dividing the total impervious area of the four residential categories in Table 4-1 (642 + 9 + 164 + 383 acres x 43,560 sq ft per acre) by the estimated total number of residential dwelling units (26,938 d. u.).. In implementing the equivalent residential dwelling unit rate policy, each dwelling unit (single family residence, mobile home, apartment, or condominium) would be assigned 1 ERU. Revenue from non-residential parcels would be assessed according to the ratio of its impervious area to that established for a single ERU. As an example, the utility fee for a typical office building depicted in Figure 5-2 which has an impervious area of 50,000 square feet would be 25.8 ERUs (50,000 sq ft divided by 1,937 sq ftJERU = 25.8 ERUs). 5.4 DEFINING A UNIFORM RATE POLICY As with other utility programs, residential customers are the largest single class in the storm water utility. Rate policies must reflect an equitable fee that will recover the costs of the services being provided. In the City of Boynton Beach, residential customers make up over 88 percent of the stormwater utility customers (Figure 4-2, Parcel Distribution). 5-9 6276\003\r\.ec5 As shown in Tables 5-1 and 5-2, there is variability in the type of construction (single family, mobile home, apartments, etc.), impervious area of each residence, and the numbe.l. of dwelling units per acre. Examination uf-the impact that these variables have on the runoff potential show that: (1) the variability is not significant hydrologically; and (2) there are many combinations of these factors that will result in similar stormwater impacts and it would be administratively prohibitive to accurately determine each variable for each customer. These same issues arise in other utility programs. In a water utility, rates do not reflect the additional pumping costs incurred to supply water to customers on top of a hill. Likewise, the customer closest to the well is not charged a lower rate because this water is not pumped as far as the rest of the customers. In solid waste utilities, rates are often the same for residential customers who generate six bags of garbage per week as a customer who generates one bag per week. The task is just as difficult when the cost of providing services for stormwater must be determined. A short storm sewer may be able to service many multifamily customers, but because of the large amount of DCJA, the storm sewers may be twice as big as those required for a subdivision with the same number of customers. Residential customers on lots of over an acre in size may in fact not generate runoff at the same rate as those on the more typical 7,000 square foot lot. However, the City will have to construct and maintain many more feet of storm sewers or swales in order to provide the same level of service to those customers as that provided to other residential customers. It is technically and administratively prohibitive for the utility rate policies to reflect all of the variables associated with providing services to each utility customer. More importantly, the variability among residential dwelling units does not produce significantly different runoff impacts. Therefore, there is justification for creating a single customer class that includes all residential dwelling units. 6276\OO3\r\sec5 5-11 The equivalent residential dwelling unit rate policy defines a uniform rate for all residential dwelling units. This is equitable when considering the narrow spread of DCIA for residential dwelling units in the City of Bo_ynton Beach. It is appropriate and reasonably accurate to utilize the average impervious area to represent the residential dwelling unit population. Furthermore, the administrative burden and cost are significantly reduced through grouping residential properties into one class. 5.4.1 RECOMMENDED RATE POLICY Of the two rate policies, the equivalent residential dwelling unit (ERU) rate policy is the simplest to administer. Residential parcels are placed in one group and each residential dwelling unit is billed for one ERU. Therefore, approximately 900 files would need to be verified and maintained for the developed non-residential parcel impervious area. The average single family rate policy, on the other hand, would require verification and maintenance of impervious areas for approximately 11,700 non-single family parcels. The equivalent residential dwelling unit policy most accurately reflects a parcel's DCIA and contribution to stormwater runoff. This policy is the simplest to administer and results in lower unit rates for a given required revenue. The revenue base of the two rate policies is presented in Table 5-2. A comparison of the ERUs generated by the two rate policies is displayed in Figure 5-3. The equivalent residential policy results in a larger revenue base than the single family rate policy. This is due to the smaller ERU base unit of 1,937 square feet compared to the single family and graduated scale unit of 2,496 square feet. The ERU policy results in a greater number of equivalent units for a given non-residential parcel. For the example in Figure 5-2 depicting a typical office building, the single family equivalent is 20.0 units (50,000/2,496) and the equivalent residential equivalent is 25.8 units (50,000/1,937). For a given required revenue, the larger revenue base of the equivalent residential policy will result in a lower unit rate than the other rate policy. 5-12 6276\003\r\sec5 I I I z o rn ~ ~ -< ~ ~ o u ~ u ~ ~ o ~ ~ ~ -< ~ I I I I I I I I I I I I I I (-, -' lrJ Z <f -.l -I CJ ....JW <(U C o::::Vl OJ :::>~ D f- .- ~ (f) :::> Q) U....J er::: -<( O::::f- 0Z +-' <(W c 2 Q) Z - 0:::: 0 W > -1> :=J <(0 U zo >- w 0 f- 0:: ~ :::> 0 I- f-....J C) VI<( W z_ f- -0:::: f- <( Vl U :::> --!o 0 <(z W +-' 0 (/) c 0:::: Q) w :=J v 2 (f) 22 0 OJ 0:::> er::: 0- Z Z 2 S ~ 0 E 0 >-z 0 --!O LL 20 OJ <( LL - C)) f-W C 0-l .- I -!2 (f) :JO 0 L() 2I Q) W D ....J >-eo 0 --!O f-- 22 E <( LL a \.... w '>- --! 0 Q) Z \.... VI 0 (f) Q) ::J - 0 > * :. :. :. :. :. :. :. :. :. : '. . . .. 00. :. .-. :. :..:..:..:..:..:..... .' '0' '0' '0' '0' '0. '0' '0' '0' '0' '0' '0.00. .' .' .' .' .',. '0' '0' '0' '0' '0.. . . . . . . ........... . ... . N o ro to ~ N o NUMBER OF UNITS* Thousands RA TE POLICY COMPARISON STORMWA TER UTILITY EVALUATION BOYNTON BEACH, FLORIDA envIronmental engineers. scientists, planners. k management consultants CDIVI FIGURE ~ .J In summary, the equivalent residential rate policy has several advantages over the single family policy which are: o The ERU more equitably distributes costs to residential customers by accounting for the greater amount of directly connected impervious area (DeIA) of non single family residential customers. o The ERU is much simpler to administer since residential customers are grouped into one class. The ERU policy would require verification and maintenance of approximately 900 records whereas the SFU policy would require 11,700 records. o The ERU produces more billing units than the SFU and, therefore, allows for a lower rate to produce the same revenue. Therefore, the equivalent residential rate policy is recommended for the City of Boynton Beach. The foundation of this rate policy is that all residential customers have similar benefits. Therefore, the base unit is defined as the average impervious area of residential classes. Most municipalities have adopted the equivalent residential dwelling unit rate policy in their stormwater utility. They have concluded the ERU rate policy most equitably distributes the cost of stormwater management to the customer. This rate policy is used in the following sections of this report for estimating revenue alternatives. 5.5 REVENUE ESTIMATES Representative equivalent residential unit estimates of annual revenue that could be generated by a stormwater utility in the City of Boynton Beach are presented in Table 5-3 for 1992 through 1996. These estimates assume that seven percent of the potential revenue will not be collected because of errors in billing, nonpayment, etc. At a rate of $3.00 per ERU per 5-14 6276\003\r\sec5 )f(1' Y O,K>- ." .....Gc. '. '. . ~ . ...._.... . . \ . \ , } .:I: /f.) /"""" ' .--:-" J-, , ~ _~- 'W",c- "V /'0 j:~ -). XII. - LEGAL DEVELOPMENT ITEM A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in toCity Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) ~ July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5, 2006 City Commission Agenda under Legal, Ordinance _ Second Reading. The City Commission approved this item under Public Hearing and Legal, Ordinance - First Reading on June 6, 2006. For further details pertaining to the request, see attached Department Memorandum No, 06-073. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Aspen Glen (ANEX 06-006) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Request to annex subject property (9.34 acres). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ . 11 /'I N/A Develop~e~~or \)WJ ~ City Manager's Signature Planmng and Zo S :\Planning\SHARED\ WP\PROJE irector City Attorney / Finance / Human Resources S\Aspen Glen\ANEX\Agenda Item Request Aspen Glen ANEX 06-006 7-5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACI-1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to Citv Clerk's Office Meeting Dates D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 D Apnl l 8,2006 April 3,2006 (iNoon) [gJ June 20, 2006 D May 2, 2006 April 17,2006 (iNoon) D July 5, 2006 D May 16,2006 May 1,2006 (iNoon) D July J 8,2006 Date Final Fonn Must be Turned in to Citv Clerk's Office May 15,2006 (iNoon) June 5, 2006 (iNoon) June 19,2006 (iNoon) July 3, 2006 (iNoon) --- i--: , ; , ,-....- 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [gJ Public Hearing [gJ Legal 0 Bids 0 Unfinished Business D Announcement D Presentation 0 City Manager's Report ........,...... --'-.-. ~ -.:: -c'_-_c ,.i . 1',3 - --. .... ""'""'f-~ilI ..,...;,:. 1") -.-l ~~I C)-.-_ f~T1 C; (,;'1 RECOMMENDA TION: Please place this request on the June 20, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance First Reading. The Planning and Development Board, reconnnended that the subject request be approved on May 23, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-073. EXPLANATION: PROJECT: AGENT: OWNER: Aspen Glen (ANEX 06-006) Bradley Miller, Miller Land Planning Consultants, Ine. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of Hypo1uxo Road Request to annex subject property (9.34 acres). LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A Planning and Z g Director ity Atto I Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Aspen Glen\ANEX\Agenda Item Request Aspen Glen ANEX 06- 066-20-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC '#--- 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 9.34+/- 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 BOUNDARIES; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFI~ICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 1 7 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FI~ORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the Lawrencc Developmcnt Group, LLC., owner, by and through their 23 agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more 24 particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of 25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 26 purpose of annexing a certain tract ofland consisting of approximately 9.34+/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinaftcr described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its S:\CA \OrdinancesIPlanninglAnnexationslAnnexation - Aspen Glen.doc 1 1 annexation, constitute a reasonably compact addition to the City boundary. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. That each and every Whereas clause is true and correct. 5 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 7 unincorporated and contiguous tract of land situated and lying and being in the County of 8 Palm Beach, Florida, to wit: 9 SEE EXHIBIT "A" ATTACHED HERETO 10 11 Containing: 406,766 Square Feet Or 9.338 Acres More or Less. 12 13 Subject to easements, restrictions, reservations, covenants and 14 rights-of-way of record. 15 16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 1 7 and become part of the City with the same force and effect as though the same had been 18 originally incorporated in the territorial boundaries thereof. 19 Section3: That Section 6 and 6( a) of the Charter of the City of Boynton Beach, 20 Florida, is hereby amended to reflect the annexation of said tract of land.~oreparticularly 21 described in Section 2 of this Ordinance. 22 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 23 zoning designation and Land Use category is being determined as contemplated in Section 24 171.162(2), Florida Statutes. 25 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby S:\CA \Ordinances\Planning\Annexations\Annexation - Aspen Glen.doc 2 1 repealed. 2 Section 6: Should any section or provision of this Ordinance or any portion thereof 3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 4 the remainder of this Ordinance. Section 7: This Ordinance shall not be passed until the same has been advertised 5 6 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 7 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 8 Section 8. This ordinance shall become effective immediately upon passage. Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 9 10 Circuit Court of Palm Beach County, Florida. 11 FIRST READING this_____ day of _ ,2006. 12 SECOND, FINAL READING and PASSAGE this ~ day of______ ,2006. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 City Clerk 31 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor- Jerry Taylor Vice Mayor n Carl McKoy Commissioner Robert Ensler Commissioner Mack McCray Commissioner n Muir C. Ferguson S:\CA \Ordinances\Planning\Annexations\Annexation - Aspen Glen.doc 3 LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF - WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF- WAY OF RECORD. TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-073 Chair and Members Planning and Development Board and Mayor and City Commission Kathleen Zeitler ~ Planner . ~ Michael W. Rumpfi" Director of Planning and Zoning May 16, 2006 Aspen Glen PUD/ANEX 06-006 and LUAR 06-013 Annexation of a 9.34-acre parcel; Amend the Future land Use designation from Palm Beach County Medium Residential, 5 units per acre (MR-S) to low Density Residential (LOR) and rezone from Palm Beach County Agricultural Residential (AR) 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 Lawrence Development Group, LLC Leonard Albanese (Managing Member) Bradley Miller Miller Land Planning Consultants, Inc. 7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres) 3904 71st Lane S (PCN: 00-43-45-07-00-000-3060) (4.8 acres) (see Exhibit "A") 9.34 acres Palm Beach County Medium Density Residential (MR-S) (max. 5.0 du/ac) Palm Beach County Agricultural-Residential (AR) Low Density Residential (LDR) (max. 4.84 du/ac) Planned Unit Development (PUD) 45 single-family detached zero lot line homes Page 2 File Number: LUAR 06-013 Aspen Glen PUD Adjacent Uses: North: Single-family residential development (Jonathan's Grove) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned R1-A; South: Single-family zero-lot line residential dev~lopment (Nautica Sound Phase I) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family zero-lot line residential development (Nautica Sound Phase II) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Right-of-way for Lawrence Road, and further west, single-family zero-lot line development (Palmyra Estates) within unincorporated Palm Beach County designated MR-S and zoned PUD. To the southwest across Lawrence Road, single-family zero-lot line residential development (Anderson PUD) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned PUD. 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; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; and, 4. The requested land use and zoning are consistent with surrounding development. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, LLC is proposing to annex into the City of Boynton Beach 9.34 acres located on the east side of Lawrence Road approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated residential parcels (7216 Lawrence Road, and 3904 71st Lane South) having a total of (4) units according to County Property Appraiser records. Page 3 File Number: LUAR 06-013 Aspen Glen PUD Accompanying this request for annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "Low Density Residential" and to rezone this property to a Planned Unit Development (PUD). The proposed PUD would proVide for the construction of 45 Single-family zero-lot line dwelling units with a gross density of 4.82 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. The subject property is surrounded on the south and east by the Nautica Sound PUD Single-family zero lot line development, to the north by the Jonathan's Grove Single-family development, and to the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson PUD. The proposed density and type of residential use (zero lot line) is consistent with the development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will be compatible with the adjacent Jonathan's Grove Subdivision. Master Plan The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1) internal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-of-way is located through the middle of the subject property due to the narrowness of the parcel. A total of 45 single-family lots are proposed with access only from the internal street. The Master Plan indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet). Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum lot coverage is 58% (2,875 square feet). Following approval of this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and plat approval prior to the issuance of any building permits for the project. The attached conditions of approval for the Master Plan (see Exhibit "C") specify some of the more important requirements of the forthcoming site plan approval, platting, and permitting. 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 aty's risk manager. The planning department shall also recommend limitations or Page 4 File Number: LUAR 06-013 Aspen Glen PUD 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 Gty 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 Gty shall continue efforts to encourage a full range of housing choice~ 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 in the City's future annexation area, and is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The proposed project is similar in density and type of development to the subdivisions 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 Oty 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. However, in this area we have consistently approved single-family projects, not multi-family and townhome projects. 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. The proposed PUD is for a single-family residential community that is complimentary to the development patterns in the area along the Lawrence Road corridor, especially adjacent developments. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is consistent with surrounding land uses and zonings, both in the Oty and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility system~ roadway~ and other public facilities. Page 5 File Number: LUAR 06-013 Aspen Glen PUD The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. The City already provides water and sewer service to the subject property. 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 19,350 gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have unreselVed capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the countyrs municipalities throughout the 10-year planning period. The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2008. Approval is pending from the School District of Palm Beach County in determining that adequate capacity exists to accommodate the projected student population generated from the proposed project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building permit 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 propertie~ 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. Surrounding development is low density residential developed at a density of 4.84 dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per acre. The current uses within adjacent developments are all single-family residential (detached), with most being zero lot line development, similar to the proposed project. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developed with a total of 4 dwelling units under the existing County zoning district. However, the two (2) existing parcels are much larger than surrounding PUD development, and at a lesser density than allowed by the County MR-5 land use designation. If redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the subject property would need to be rezoned from AR to another County residential district consistent with MR-5. Economically, it is conducive for the property to be developed similar to the surrounding residential PUD development, whether developed in the City (45 units) or the County (46 units). However, the subject property should be developed in the City because it is an enclave surrounded on 3 sides by city limits, is located in the Cityrs annexation area, and already receives city utilities and services. Page 6 File Number: lUAR 06-013 Aspen Glen PUD g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of single-family zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar in nature to surrounding residential development, and will contribute to the range cof 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. The subject property is located in the Cityls annexation area and designated for low Density Residential development. Both the type of housing (single-family detached zero lot line) and density (4.82 units per acre) proposed for the PUD is consistent with surrounding development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the Cityls adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; 4. The requested land use and zoning are consistent with surrounding development; 5. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 6. The proposed development will contribute to the overall economic development of the City. In addition, the proposed Master Plan meets the minimum requirements of the Cityls land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "C" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS . 1 in. = 264.6 feet ~- --_. f--~ r --~------- -0: ~ - l / Ie / " ...~.. ~ , I I I I i i I I _J I ! L - - - --- -- - .T-.------- - T -- - ------~ 71~ AVE <: ; WAY I I --------------_.---------NAIITICA !'iOUND BI vn 1 I I / yr-n ~ / '- J Aspen Glen ~XHtfBli~~ J I ~---- _ L ,f - -[/ _L__ =~~_= r-- ._ --- f, -_ -----.. -- - - - --~- I-~-- -.---,__ r---------.--- -________ r--~-~ f..- - .-.-. - t-----------..-- --- --- - - f------______ f---~ _ Cu._ --- -------------- - - - -- -. ---.- ~- - ----- --. ------ --,.-.--- '----- --- -._- --------------- -----..-- -- - --------'---.... '- ~2:: / I l /:5:--- " r!! / 0/ ~.~~ / I {'J / Ll \, / ~ '\ - '----___ r----- ~~ ~ -------- ~ ~ ,-- a " / ~, / J~ '1'-7 l2_ I g: o o ~ o "' CO n ~ ;;; ~ to '" f' ~ laiii ~ 1"11 l! :; I' i It . ,q if ! I Ii 1 " fd . I f H :I~ g ~. o ~ ~ o ." "( -~~ c ....c.-....-!'~;-~~.~ i_, II, ! : Wi' [" ,-' :!-';i'-:, l . I 11 : i i f 1'; If IS j~ ! g i '0;;: ~ ; ,;;iI' . '~ :L . ..._J_____ _. '___._-L-___~ i : ! .J__; , r--- - ,..!x '- T//.. ""'--- 't WP! '" !. nt.,t, .. lr IIIl: ~ ji i i :~ !!;i:.. iii ~liH!i~ _.--~(~ / .r-~---- / ( L ._--'--~- - --- --I -.__.1__..____ j , ~I ~I i J 3! o :> Aspen Glen Boynton Beach, Fl ./ ') i I ~lIrl~pll ~PiJir![If JHI J ~Ifi iJ:lti!',. !!f'~r I Ji~' >, > ~I ~ >ul if I it, "r' f; I r rIi 0"'-3: =t.O~~E hU~O~ I ~ 0 ,h~ i' Z ~o Project name: Aspen Glen File number: LUAR 06-0 I 3 Reference: 2nd review plans identified as a Master Plan with a May 15,2006 Planning and Zoning date stamp marking EXHIBIT "c" MASTERPLAN Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Genera) Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION -- Comments: 1. At the time of site plan submittal, provide a master storm water management X plan outlining the primary and secondary drainage and storm water treatment facilities needed for the subdivision. The master storm water management plan shall consist of an engineering drawing; a written report indicating the method of drainage; existing water elevations; recumng high water elevations; the proposed design water elevations; one hundred-year storm elevation; drainage structures; canals; ditches; storm water treatment methods; necessary percolation; detention and management areas; and any other information pertaining to the control and management of storm and ground water. (Chapter 3, Article N, Section 3.T.) UTILITIES Comments: 2. The proposed Master Plan is an existing site located within the Utilities' X service area, and is located where water and sanitary sewer utility support is available. Additional comments will be provided at the time of site plan submittal. - FIRE - Comments: NONE X POLICE Comments: NONE X ANEX 06-006, LUAR 06-013 CONDITIONS OF APPROVAL OS/22/06 PAGE 2 I I DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 3. At the time of site plan submittal, the applicant must indicate the disposition X of the existing trees on the site in accordance with the Tree Preservation Ordinance. PLANNING AND ZONING Comments: 4. Prior to site plan approval, the project must obtain approval from the School X District of Palm Beach County regarding school concurrency. 5. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation. The fees associated with this program due at the time of permitting. 6. If potable water is to be used for irrigation purposes, the use of drought X'- tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conserving designs (such as a drip system), where possible. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planmng\SHARED\WP\PROJECTS\Aspen Glen\LUAR\COAdoc Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 He requested the board consider the concerns of the residents In order to preserve the neighborhood character. Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not believe the plan was in character with the neighborhood, and would change it She indicated 100 sf of lot frontage is needed. Chair Wische closed the floor to public comments. The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10 ft side setbacks. The zoning on S. Lake Drive was also R1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality. He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1~AA Single~Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. B. Aspen Glen Annexation 1 . Project: Aspen Glen (Anex 06-006) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staffs conditions for them. Vice Chair Hay left the dias at 7:43 p.m. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Kathleen Zeitler, City Planner indicated staff recommended approval and the requests were consistent with the City's adopted policies and regulations. She reported the request is compatible with the surrounding subdivisions of Nautica Sound and Jonathans Grove. Vice Chair Hay returned to the dias at 7:46 p.m. Chair Wishce opened and closed the public hearing. The typical lot size will be 45 feet by 110 feet, for a total of 4, 950 sf and a maximum lot coverage of 50 percent. Nautica Sound is also a zero lot line subdivision having the same density. Jonathans Grove subdivision has single-family detached homes with the same density as Aspen Glen. Ms. Sharon Grcevic indicated there was a strip of land between the two parcels and received clarification that the project was immediately adjacent to Jonathan's Grove and the two parcels were contiguous. The board discussed a project that was recommended for denial, but approved in March by the City Commission for 90 town homes on less acreage than the request. Ms. Zeitler explained this project has 45 detached single-family homes. Motion A motion was made by Mr. Cwynar to approve the annexation of the subject property subject to all staff comments. Vice Chair Hay second~d the motion that unanimously carried. Land Use AmendmentlRezonin~ 2. Project: Aspen Glen (Anex 06-013) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) Proposed Use: 45 Zero lot line Single-family homes Kathleen Zeitler indicated staff recommended approval subject to all staff conditions. Chair Wische opened and closed the floor for public comments. 9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOP~_ENT ITEM A.2 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates into City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April] 8, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2,2006 April ]7,2006 (Noon) ~ July 5, 2006 June] 9,2006 (Noon) 0 May] 6, 2006 May],2006 (Noon) 0 July] 8,2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on June 20, 2006 under Public Hearing and Legal, Ordinance - First Reading, subject to all staff comments. For further details pertaining to the request, see attached Department Memorandum No. 06-073. EXPLANATION: PROJECT: AGENT: OWNER: Aspen Glen (LUAR 06-013) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south ofHY}Joluxo Road Request to amend the Comprehensive Plan Future Land Use Map'from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and LOCATION: DESCRIPTION: Proposed use: 45 zero lot line single-family homes N/A N/A ~ Developme~epartment Director ?L) ~ C IF I annmg an g rrector lty Attorney mance Human Resources S:\Planning\SHARED\WP\PROJECTS\Aspen GlenlLUAR\Agenda Item Request Aspen Glen LUAR 06-0]3 amend 7-5-06.dot PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: CJNL; ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITE1VJ REQUEST FORlYJ Requested City Commission Date Final FOOl) Must be Tumed Requested City Commission 111 eetm e l2aJf_s in to City Clerk's Office Meeting Datg; 0 April 4, 2006 March 20, 2006 (Noon) 0 June 6. 2006 0 ApriJ 18,2006 April 3, 2006 (Noon) ~ June 20. 2006 , $+ ~ cJ or 0 ~ May 2, 2006 ApriJ 17,2006 (Noon) July 5, 200~ 0 0 d..,c1 'd t" J\lay 16, 2006 May 1,2006 (Noon) JuJy J 8,2006 VIII.-PUBlIC HEARING ITE M E. Date Final Fonn MUSl be Turned in 10 Cl11:..1:Jerk'sPfficf May 15.2006 (Noon) June 5, 2006 (Noon) June] 9,2006 (Noon) ___ -- -- . --'- ._, _:' ,_U ~.:: JuJy 3, 2006 (Noon) r<> 0 Administrative 0 Development PIans NATURE OF 0 Consent Agenda 0 New Business AGENDA HEM ~ Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report c. r-~..) __~ {X~~ -.:....:~i cr1 ':-) -:-:0- ---J i~ ;:; RECOMMENDATION: Please place this request on the June 20,2006 City Commission Agenda under Public learing and Legal, Ordinance First Reading. The Planning and Development Board recommended that the subject request be approved on May 23, 2006, subject to all staff comments. For filrther details pertaining to the request, see attached Department Memorandum No. 06-073. EXPLANATION: PROJECT: AGENT: OWNER: Aspen Glen (LUAR 06-013) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of HypoIuxo Road Request to ~me.!!9 the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, PaIm Beach County) to Low Density ResidentiatiLDR); and LOCATION: DESCRIPTION: Request to rezone from AgricuItural Residential (AR, Palm Beach County) to Planned Unit Development (PUD). Proposed use: 45 zero lot line single-family homes PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D'Vel2,~t~p,~6:;"o, ~ 7- ~_) 7 Pbnning ..d ZOni~o, C;ty Ano 'y / Fin,.." / Human R"oUITe, S:\PJanning\sHARED\WP\PROJECTS\Aspen Glen\LUAR\Agenda Item Request Aspen Glen LUAR 06-0]3 6-20-06.dot S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC (~ ] i I ORDINANCE NO. 06- C) L 3 AN ORDINANCE OF THE CITY 01" BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY A1VIENDING THE .FUTURE LAND USE ELEMENT 6 OF T}n~ COMPREHENSIVE PLAN FOR A PARCEL 7 O\VNED BY LAWRENCE DEVELOPMENT GROUP, 8 ),LC., AND LOCATED ON THE EAST SIDE OF 9 LA WRENCE ROAD, APPROXIMATELY 1,000 FEET 10 SOUTH OF HYPOLUXO ROAD; CHANGING THE 11 LAND USE DESIGNATION FROM PALM BEACH 12 COUNTY MEDIUM RESIDENTIAL (MR-S) TO LO\V 13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR 14 CONFLICTS, SEVERABIIJTY, AND AN EFFECTIVE 15 DATE. 16 1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 Comprehensive Planning Act; and 21 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE 29 CITY OF BOYNTON BEACH, F),OroDA, THAT: 30 Section I: The foregoing WHEREAS clauses are true and correct and incorporated 31 herein by this reference. S,\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located on the east side of 4 Lawrence Road, approximately 1,000 feet south ofHypoJuxo Road in Boynton Beach, Florida 5 shall be changed from Palm Beach County Medium Residential (MR-5) and shall now be 6 designated as Low Density Residential (LDR): 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 406,766 square feet or 9.338 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 16 Future Land Use Plan shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof be 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to tb_~ review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this _ day of , 2006. S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc SECOND, J;INAL READING and PASSAGE this day of ,2006. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mayor . Jerry Taylor Vice Mayor.- Carl McKoy Commissioner Robert Ens)er Commissioner -- Mack McCray Commissioner Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHJ-OF-WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITIJA TE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTII 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, L YlNG EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETIIER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTIIWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RlGHTS-OF- WAY OF RECORD. ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICA TION OF LAWRENCE DEVELOPMENT 6 GROUP, LI~C, AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE EAST SIDE OF LAWRENCE ROAD, 9 APPROXIMATEL Y 1,000 FEET SOUTH OF 10 HYPOLUXO ROAD, AS MORE FULLY 11 DESCRIBED HEREIN, FROM PALM BEACH 12 COUNTY AGRICULTURAL-RESIDENTIAL (AR) 13 TO PLANNED UNIT DEVELOPMENT (PUD); 14 PROVIDING FOR CONFI~ICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 1 9 and 20 WHEREAS, Lawrence Development Group, LLC, owner of the property located on 21 the east side of Lawrence Road, approximately l,OOO feet south of Hypoluxo Road in 22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 23 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of 24 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 25 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 26 Palm Beach County Agricultural-Residential (AR) to Planned Unit Development (PUD); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 29 hereinafter described; and 30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA \Ordinances\Planning\Rezoning\Rezoning - Aspen Glen.doc 1 an amendment to the Land Use which was contemporaneously considered and approved at 2 the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. 9 Section 2. The following described land located on the east side of Lawrence 10 Road, approximately 1,000 feet south of Hypoluxo Road in the City of Boynton Beach, 11 Florida, as set forth as follows: 12 13 SEE ATTACHED EXHIBIT "A" 14 15 Containing: 406, 766 square feet or 9.338 acres more or less. 16 1 7 Subject to easements, restrictions, reservations, covenants and 18 rights-of-way of record. 19 20 be and the same is hereby rezoned from Palm Beach County Agricultural-Residential (AR) to 21 Planned Unit Development (PUD). A location map is attached hereto _~~. Exhibit "B" and 2 2 made a part of this Ordinance by reference. 2 3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 4 accordingly. 2 5 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby 2 6 repealed. 2 7 Section 5. Should any section or provision of this Ordinance or any portion thereof S:\CA \Ordinances\PlanninglRezoninglRezoning _ Aspen Glen.doc 1 bc declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this day of ,2006. 5 SECOND, FINAL READING and PASSAGE this ._____ day of _______nn ,2006. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 City Clerk 25 26 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor -- Carl McKoy Commissioner -- Robert Ensler Commissioner -- Mack McCray ATTEST: Commissioner- Muir C. Ferguson S:\CA \Ordinances\PlanninglRezoninglRezoning - Aspen Glen.doc LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE SOUTH l/4 OF THE NORTHWEST l/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT-OF- WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH l/4 OF THE NORTHWEST l/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RlGHT-OF- WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RlGHT OF INGRESS AND EGRESS, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RlGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERV A TIONS, COVENANTS, AND RIGHTS-OF- WAY OF RECORD. TO: FROM: THROUGH: DATE: PROJEcr NAMEjNUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-073 Chair and Members Planning and Development Board and Mayor and City Commission Kathleen Zeitler ~ Planner ~ Michael W. Rumpf!' Director of Planning and Zoning May 16, 2006 Aspen Glen PUDj ANEX 06-006 and LUAR 06-013 Annexation of a 9.34-acre parcel; Amend the Future Land Use designation from Palm Beach County Medium Residential, 5 units per acre (MR-5) to Low Density Residential (LOR) and rezone from Palm Beach County Agricultural Residential (AR) 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 Lawrence Development Group, LLC Leonard Albanese (Managing Member) Bradley Miller Miller Land Planning Consultants, Inc. 7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres) 3904 71st Lane S (PCN: 00-43-45-07-00-000-3060).(4.8 acres) (see Exhibit "Air) 9.34 acres Palm Beach County Medium Density Residentia.l (MR-5) (max. 5.0 dujac) Palm Beach County Agricultural-Residential (AR) Low Density Residential (LDR) (max. 4.84 dujac) Planned Unit Development (PUD) 45 single-family detached zero lot line homes Pa9c ~ FI" A, LUAR 06-013 IUD Adjacc:r It Uses: North: Single-family residential development (Jonathan's Grove) within the City of Boynton Beach designated Low Density Residential (LOR) and zoned Rl-A; South: Single-family zero-lot line residential development (Nautica Sound Phase I) within the City of Boynton Beach designated Low Density Residential (LOR) and zoned Planned Unit Development (PUD); East: Single-family zero-lot line residential development (Nautica Sound Phase II) within the City of Boynton Beach designated Low Density Residential (LOR) and zoned Planned Unit Development (PUD); West: Right-of-way for Lawrence Road, and further west, single-family zero-lot line development (Palmyra Estates) within unincorporated Palm Beach County designated MR-S and zoned PUD. To the southwest across Lawrence Road, single-family zero-lot line residential development (Anderson PUD) within the City of Boynton Beach designated Low Density Residential (LOR) and zoned PUD. 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; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; and, 4. The requested land use and zoning are consistent with surrounding development. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, llC is proposing to annex into the City of Boynton Beach 9.34 acres located on the east side of Lawrence Road approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated residential pclfcels (7216 Lawrence Road, and 3904 71st lane South) having a total of (4) units according to County Property Appraiser records. Page 3 File Number: LUAR 06-013 Aspen Glen PUD Accompanying this request for annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "Low Density Residential" and to rezone this property to a Planned Unit Development (PUD). The proposed PUD would provide for the construction of 45 single-family zero-lot line dwelling units with a gross density of 4.82 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. The subject property is surrounded on the south and east by the Nautica Sound PUD single-family zero lot line development, to the north by the Jonathan's Grove single-family development, and to the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson PUD. The proposed density and type of residential use (zero lot line) is consistent with the development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will be compatible with the adjacent Jonathan's Grove Subdivision. Master Plan The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1) internal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-of-way is located through the middle of the subject property due to the narrowness of the parcel. A total of 45 single-family lots are proposed with access only from the internal street. The Master Plan indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet). Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum lot coverage is 58% (2,875 square feet). Following approval of this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and plat approval prior to the issuance of any building permits for the project. The attached conditions of approval for the Master Plan (see Exhibit "C') specify some of the more important requirements of the forthcoming site plan approval, platting, and permitting. 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 Oty's risk manager. The planning department shall also recommend limitations or Pel i LUAR 06-013 A:JiJL' ;c.:i ;lUD requiremen~ which would have to be imposed on subsequent development of the prope~ 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 in the City's future annexation area, and is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The proposed project is similar in density and type of development to the subdivisions 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. However, in this area we have consistently approved Single-family projects, not multi-family and town home projects. 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. The proposed PUD is for a Single-famIly residential community that is complimentary to the development patterns in the area along the Lawrence Road corridor, especially adjacent developments. c Whether changed or changing conditions make the proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is 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 06-013 Aspen Glen PUD The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. The City already provides water and sewer service to the subject property. 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 19,350 gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. 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 traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2008. Approval is pending from the School District of Palm Beach County in determining that adequate capacity exists to accommodate the projected student population generated from the proposed project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building permit 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. Surrounding development is low density residential developed at a density of 4.84 dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per acre. The current uses within adjacent developments are all single-family residential (detached), with most being zero lot line development, similar to the proposed project. f. Whether the property is physically and economically developable un~f!!. the existing zoning. The property is physically developed with a total of 4 dwelling units under the existing County zoning district. However, the two (2) existing parcels are much larger than surrounding PUD development, and at a lesser density than allowed by the County MR-5 land use designation. If redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the subject property would need to be rezoned from AR to another County residential district consistent with MR-5. Economically, it is conducive for the property to be developed similar to the surrounding residential PUD development, whether developed in the City (45 units) or the County (46 units). However, the subject property should be developed in the Oty because it is an enclave surrounded on 3 sides by city limits, is located in the City's annexation area, and already receives city utilities and services. Page 6 File Number: lUAR 06-013 Aspen Glen PUD g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of single-family zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing development. 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 us~ in districts where such use is already allowed The subject property is located in the City's annexation area and designated for low Density Residential development. Both the type of housing (single-family detached zero lot line) and density (4.82 units per acre) proposed for the PUD is consistent with surrounding development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; 4. The requested rand use and zoning are consistent with surrounding development; 5. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 6. The proposed development will contribute to the overall economic development of the City. In addition, the proposed Master Plan meets the minimum requirements of the City's land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "c" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". AlTACHMENTS .~ 1 in = 264.6 feet . - -- .---.- I \ _.~ ~ I l ~ I ~___._'____ ~.. J-------------- ~ ---'- -, -0: "- / Ie ---" ..- -- 7 ~ - v~ "- I i ! I I I LJ /1/ .. ~ d ::.X I II L.JJ1 ~C, Jf'"\.. - ~ r- - __ _ / - - - ~ -- 1- ~-~'- -- - -- -- - - - .- 7~" 11\/<: ~ ~....~. /' ---- -- -:- /-,- -rtJ'-" ,~~~ ~. .11 ...~ ~ .1. '( '." '" 's fBA ,rem:: ~'-~~~--1 ~- _J - -- J =--2.~ -T-r-l )-- . ,~ _HI] IL ~.-_L_ ------- ---- · .JITl \ I \ JONAH-IANS WAY I ~g~ -- ~ Q.BLV.D..--~-'----------~) -~==~=~~D] \-~--; ~~ ( C~'< ,\\. / '. V I ~r"__'~ -- ~L~J ~ -=~. I ~--'~ .'. '2~ -. . '.. ?\ -------------. - -', / -- l.. -, / ~r-~ .----1 --- y J =='f;. .r\. 'rl ...., I=j~,~ .~ ,---.f - ~ =='=:::.----=------,I~ /;,/ I [ ~ 'f"\-L lJ~~ J 1---- ---- ------ 29~~ ~I------'- 1---- ~ -- -- + - f--------,- / '. r-~--_ I I I 1 Aspen Glen . -"."....... ~---- o n 'l i5 ~ ~ o u ~,-:;.,: ~ <P j . I ~. g: () \! '" i3 <D .. . ~ i3 ~ ~ fl l;t;:l. ~ i II)', ~ If. . :. i ( I! f ~ .~ : j Ii H ,-8' -t ::t. Iii [ f - I J . . I r I : . If fWF ii nl~' F~ i ::-. Io!;;.. i. iif~~~ :I~ g it: ;.--j'" , . , ~~ !f -li- _0 ";>, o . > " "! !~ ~ o C 2 'i 11'11 WI' i II Aspen Glen Boynton 8eoch. FL /' ') / ( / flsHfrI~f~ll- ~Pif'zrHH!IUill . "if · " ",il ",1 1 I..: !Jii lIr fl.!, ~~lf' I Jf; . 1 ~ 'f' ~.! ;'r I' f, el t: ~ ~ J:. .. I I f X3 0"> ~ i'~~zr= fr~zOm 1 c - ;;v . f ~ ~ If ~ i~ ~ ~ () EXHIBIT "C" MASTER PLAN Conditions of Approval Project name: Aspen Glen File number: LUAR 06-013 Reference: 2nd review plans identified as a Master Plan with a MilY.l2, 2006 Planning and Zoning date stamp marlGng I I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic - Comments: NONE X - ~= ENGINEERING DIVISION '---~--,~- - --,- ------ Comments: ~--'-"-~~'--'~-- ----_."._---_.._--_._._~- ---- 1. At the time of site plan submittal, provide a master storm water management X plan outlining the primary and secondary drainage and storm water treatment facilities needed for the subdivision. The master storm water management plan shall consist of an engineering drawing; a written report indicating the method of drainage; existing water elevations; recumng high water elevations; the proposed design water elevations; one hundred-year storm elevation; drainage structures; canals; ditches; storm water treatment methods; necessary percolation; detention and management areas; and any other information pertaining to the control and management of storm and ground water. (Chapter 3, Article N, Section 3.T.) -, 0> UTILITIES Comments: - 2. The proposed Master Plan is an existing site located within the Utilities' X service area, and is located where water and sanitary sewer utility support is available. Additional comments will be provided at the time of site plan submittal. - -- ~, FIRE -- -_._--~-_.-- ----~'--- ~--_._~.~.,----- Comments: NONE X POLICE -- Comments: NONE X o~ ANEX 06-006, LUAR 06.013 CONDJT10NS OF APPROVAL OS/22/06 PAGE 2 DEPARTMENTS GN~CLlJl)E I REJECT BUJLDJNG DJVJSJON =~~~I~--~ -E- -- - f----- -------------~---_._~.._-.._~..~._--- -- --- ---- - - Comments: NONE - = PARKS AND RECREATION --~----- -- Comments: NONE X FORESTERlENVIRONMENT ALJST -- Comments: 3. At the time of site plan submittal, the applicant must indicate the disposition X of the existing trees on the site in accordance with the Tree Preservation Ordinance. PLANNING AND ZONING Comments: 4. Prior to site plan approval, the project must obtain approval from the School X District of Palm Beach County regarding school concurrency. 5. 'lbe apphcant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation_ ]ne fees associated with this program due at the time of permitting. ...". --- 6. If potable water is to be used for irrigation pUrposes, the use of drought X':- tolerant plant species (per the South Florida Water Management District Manua)) shan be maximized and the irrigation system should have water conserving designs (such as a drip system), where possible. - ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\PJanning\SHAREDlWPIPROJECTS\Aspen GlenllUARICOA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Kathleen Zeitler, City Planner indicated staff recommended approval and the requests were consistent with the City's adopted policies and regulations. She reported the request is compatible with the surrounding subdivisions of Nautica Sound and Jonathans Grove. Vice Chair Hay returned to the dias at 7:46 p.m. Chair Wishce opened and closed the public hearing. The typical lot size will be 45 feet by 110 feet, for a total of 4, 950 sf and a maximum lot coverage of 50 percent. Nautica Sound is also a zero lot line subdivision having the same density. Jonathans Grove subdivision has single-family detached homes with the same density as Aspen Glen. Ms. Sharon Grcevic indicated there was a strip of land between the two parcels and received clarification that the project was immediately adjacent to Jonathan's Grove and the two parcels were contiguous. The board discussed a project that was recommended for denial, but approved in March by the City Commission for 90 town homes on less acreage than the request. Ms. Zeitler explained this project has 45 detached single-family homes. Motion A motion was made by Mr. Cwynar to approve the annexation of the subject property subject to all staff comments. Vice Chair Hay seconded the motion that unanimously carried. Land Use Amendment/Rezoning 2. Project: Aspen Glen (LUAR 06-013) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) Proposed Use: 45 Zero lot line Single-family homes Kathleen Zeitler indicated staff recommended approval subject to all staff conditions. Chair Wische opened and closed the floor for public comments. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Motion A motion was made by Mr. Cwynar to approve the request to amend the comprehensive plan from Medium Residential MR-5 to Low Density Residential subject to all staff comments. Mr. Hay seconded the motion that unanimously carried. Motion A motion was made by Ms. Jaskiewicz to approve the request to rezone from Agricultural Residential (Palm Beach County) to Planned Unit Development (PUD) subject to staff comments. Mr. Casaine seconded the motion that unanimously carried. C. Pylon Interstate Plaza Conditional Use 1. Project: Pylon Interstate Plaza (COUS 06-004) Agent: Steven L Cohen Owner: Chambers Properties, LLC Location: 1501 Corporate Drive Description: Request for conditional use/new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861 acre parcel in the C-1 zoning district. Chair Wische presented the item and asked the Agent, Mr. Cohen, if he agreed with all of staffs comments. The Agent, Steven L. Cohen indicated he was in agreement with all of the staff conditions. Mr. Breese, Principal Planner indicated staff recommended approval. Chair Wische opened and closed the floor for public hearing. Motion Vice Chair Hay moved to approve the request for a Conditional Use for new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861-acre parcel in the C-1 zoning district with all staff comments. Mr. Casaine seconded the motion.' Height Exception 2. Project: Pylon Interstate Plaza (COUS 06-003) Agent: Steven L. Cohen Owner: Chambers Properties, LLC 10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May IS, 2006 (Noon) 0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June S, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) ~ July S, 2006 June 19, 2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on June 20, 2006 under Public Hearing and Legal, Ordinance - First Reading, subject to all staff comments. For further details pertaining to the request, see attached Department Memorandum No. 06-073. EXPLANATION: PROJECT: AGENT: OWNER: Aspen Glen (LUAR 06-013) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD). LOCATION: DESCRIPTION: Proposed use: 45 zero lot line single-family homes PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develo CJIJJ ~, nt De rtment Director ~/) -Z /__ Planning and Zonin(l%-ector City Attorney / Finance / Human Resources S:\Planning\SHAREDlWP\PROJECTS\Aspen Glen\LUAR\Agenda Item Request Aspen Glen LUAR 06-013 rezone 7-S-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VIII.-PUBLIC HEARING ITEM E. Requested City Commission Date Final Form Must be Turned Meeti!l.gJ)ates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o April 4, 2006 o April 18,2006 o May 2, 2006 o May] 6, 2006 March 20, 2006 (Noon.) o June 6, 2006 !ZJ June 20, 2006 I:s+ Rdt ~ July 5, 2006 :lAID 121'1- . o July 18,2006 (/ May 15,2006 (Noon) April 3, 2006 (Noon) June 5, 2006 (Noon) April ]7,2006 (Noon) June] 9,2006 (Noon) ._, ---<...C:- May],2006 (Noon) July 3, 2006 (Noon) ['-.) 0 Administrative 0 Deve]opment Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM !ZJ Public Hearing !ZJ Lega] 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report c. r:~ en -.,';C;C -~r-, ::"') "'0- ~>1n RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public Hearing and Lega], Ordinance First Reading. The Planning and Development Board recommended that the subject request be approved on May 23, 2006, subject to all staff comments. For further details pertaining to the request, see attached Department Memorandum No. 06-073. EXPLANA TlON: PROJECT: AGENT: OWNER: Aspen Glen (LUAR 06-013) Bradley Miller, Miller Land Planning Consultants, Inc. Lawrence Development Group, LLC Leonard Albanese, Managing Member East side of Lawrence Road, approximately 1,000 feet south ofHypo]uxo Road Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residentia~(LDR); and LOCA nON: DESCRlPTION: Request to ~ from Agricu]tural Residential (AR, Palm Beach County) to Planned Unit Deve]opment (PUD). Proposed use: 45 zero lot line single-family homes PROGRAM IMPACT: N/A flSCALIMPACT: NM ALTERNATIVES: N/A D<Y"2,~t~p;~";,,o, ~ 14I? 04 Planning and Zoni~ rrector City Atto ey / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTSlAspen Glen\LUARlAgenda Item Request Aspen Glen LUAR 06-0/3 6-20-06.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC ~ 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY O_F BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 O\VNED BY LAWRENCE DEVELOPMENT GROUP, 8 LLC., AND LOCATED ON THE EAST SIDE OF 9 LAWRENCE ROAD, APPROXIMA TEL Y 1,000 FEET 10 SOUTH OF HYPOLUXO ROAD; CHANGING THE 11 LAND USE DESIGNATION FROM PALM BEACH 12 COUNTY MEDIUM RESIDENTIAL (MR-S) TO LOW 13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 15 DATE. 16 1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutcs, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of thc 27 Comprehensive Plan as provided. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 3 1 herein by this reference. S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06~013.doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 1 2 following: 3 That the Future Land Use ofthe following described land located on the east side of 4 Lawrence Road, approximately 1 ,000 feet south ofHypoluxo Road in Boynton Beach, Florida 5 shall be changed from Palm Beach County Medium Residential (MR-5) and shall now be 6 designated as Low Density Residential (LDR): 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 406,766 square feet or 9.338 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof be 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to th.e. review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this _ day of , 2006. S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc 1 SECOND, FINAL READING and PASSAGE this _ .__ day of. ,2006. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mayor Jerry Taylor Vice Mayor - Carl McKoy Commissioner ~- Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. . SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FI~ORIDA, REGARDING THE 5 APPLICATION OF LAWRENCE DEVELOPMENT 6 GROUP, LLC, AJVIENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE EAST SIDE OF LAWRENCE ROAD, 9 APPROXIMATELY 1,000 FEET SOUTH OF 10 HYPOLUXO ROAD, AS MORE FULLY 11 DESCRlBED HEREIN, FROM PALM BEACH 12 COUNTY AGRlCUL TURAL-RESIDENTIAL (AR) 13 TO PLANNED UNIT DEVELOPMENT (PUD); 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 19 and 20 WHEREAS, Lawrence Development Group, LLC, owner of the property located on 21 the east side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road in 22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 23 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of 24 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 25 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 26 Palm Beach County Agricultural-Residential (AR) to Planned Unit Development (PUD); and 27 WHEREAS, the City Commission conducted a public he~ring and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 29 hereinafter described; and 30 WHEREAS, the City Commission finds that the proposed rezoning lS conslstent with S:ICA IOrdinanceslPlanninglRezoninglRezoning - Aspen Glen.doc 1 an amendment to the Land Use which was contemporaneously considered and approved at 2 the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and lncorporated 8 herein by this reference. 9 Section 2. The following described land located on the east side of Lawrence 10 Road, approximately 1,000 feet south of Hypoluxo Road in the City of Boynton Beach, 11 Florida, as set forth as follows: 12 13 SEE ATTACHED EXHIBIT "A" 14 15 Containing: 406, 766 square feet or 9.338 acres more or less. 16 1 7 Subject to easements, restrictions, reservations, covenants and 18 rights-of-way of record. 19 20 be and the same is hereby rezoned from Palm Beach County Agricultural-Residential (AR) to 21 Planned Unit Development (PUD). A location map is attached hereto as Exhibit "B" and 2 2 made a part of this Ordinance by reference. 2 3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 4 accordingly. 2 5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 6 repealed. 2 7 Section 5. Should any section or provision of this Ordinance or any portion thereof S:ICA 10rdinancesIPJanningIRezoningIRezoning _ Aspen Glen. doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this __~_ day of ___ ______ ,2006. 5 SECOND, FINAL READING and PASSAGE this _~ day of _______, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor -- Carl McKoy Commissioner -- Robert Ensler Commissioner -- Mack McCray ATTEST: Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) S:\CA \OrdinancesIPlanninglRezoninglRezoning - Aspen Glen.doc LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST l/2 OF THE SOUTH l/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RlGHT -OF- WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RlGHT OF INGRESS AND EGRESS, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST ]/2 OF THE SOUTH 1/2 OF THE SOUTH ]/2 OF THE NORTHWEST ]/4 OF THE NORTHWEST 1/4 FOR RlGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRlCTIONS, RESERVATIONS, COVENANTS, AND RlGHTS-OF- WAY OF RECORD. TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-073 Chair and Members Planning and Development Board and Mayor and City Commission Kathleen Zeitler ~ Planner ~ Michael W. Rump~ Director of Planning and Zoning May 16, 2006 Aspen Glen PUD/ ANEX 06-006 and LUAR 06-013 Annexation of a 9.34-acre parcel; Amend the Future Land Use designation from Palm Beach County Medium Residential, 5 units per acre (MR-5) to Low Density Residential (LDR) and rezone from Palm Beach County Agricultural Residential (AR) 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 Lawrence Development Group, LLC Leonard Albanese (Managing Member) Bradley Miller Miller Land Planning Consultants, Inc. 7216 Lawrence Rd (PCN: 00-43-45-07-00-000-3050) (4.5 acres) 3904 71st Lane S (PCN: 00-43-45-07-00-000-3060) (4.8 acres) (see Exhibit "A") 9.34 acres Palm Beach County Medium Density Residential (MR-5) (max. 5.0 du/ac) Palm Beach County Agricultural-Residential (AR) Low Density Residential (LDR) (max. 4.84 du/ac) Planned Unit Development (PUD) 45 single-family detached zero lot line homes Page 2 File Number: LUAR 06-013 Aspen Glen PUD Adjacent Uses: North: Single-family residential development (Jonathan's Grove) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned Rl-A; South: Single-family zero-lot line residential development (Nautica Sound Phase I) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family zero-lot line residential development (Nautica Sound Phase II) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Right-of-way for Lawrence Road, and further west, single-family zero-lot line development (Palmyra Estates) within unincorporated Palm Beach County designated MR-S and zoned PUD. To the southwest across Lawrence Road, single-family zero-lot line residential development (Anderson PUD) within the City of Boynton Beach designated Low Density Residential (LDR) and zoned PUD. 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; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; and, 4. The requested land use and zoning are consistent with surrounding development. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner, Lawrence Development Group, LLC is proposing to annex into the City of Boynton Beach 9.34 acres located on the east side of Lawrence Road approximately one-quarter mile south of Hypoluxo Road. The subject property has 334 feet of frontage on Lawrence Road, a depth of 1,220 feet, and currently consists of two (2) vacated residential parcels (7216 Lawrence Road, and 3904 71st Lane South) having a total of (4) units according to County Property Appraiser records. Page 3 File Number: LUAR 06-013 Aspen Glen PUD Accompanying this request for annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "Low Density Residential" and to rezone this property to a Planned Unit Development (PUD). The proposed PUD would provide for the construction of 45 single-family zero-lot line dwelling units with a gross density of 4.82 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. The subject property is surrounded on the south and east by the Nautica Sound PUD single-family zero lot line development, to the north by the Jonathan's Grove single-family development, and to the west (across Lawrence Road) by zero lot line development in Palmyra Estates and Anderson PUD. The proposed density and type of residential use (zero lot line) is consistent with the development found in the Nautica Sound, Palmyra Estates, and Anderson PUD communities, and will be compatible with the adjacent Jonathan's Grove Subdivision. Master Plan The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit Development (PUD). The required Master Plan submitted for the proposed PUD indicates one (1) mternal cul-de-sac street with direct access to Lawrence Road. The proposed 50 foot right-of-way is located through the middle of the subject property due to the narrowness of the parcel. A total of 45 single-family lots are proposed with access only from the internal street. The Master Plan indicates zero lot line development with a typical lot size of 45 feet by 110 feet (4,950 square feet). Proposed minimum building setbacks would be 15 to 20 feet in front, 0 feet on one side, 10 feet on the other side, and 10 feet to the rear. The Master Plan zero lot line detail indicates the maximum lot coverage is 58% (2,875 square feet). Following approval of this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and plat approval prior to the issuance of any building permits for the project. The attached conditions of approval for the Master Plan (see Exhibit "C") specify some of the more important requirements of the forthcoming site plan approval, platting, and permitting. 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 manager. The planning department shall also recommend limitations or Pag; Fi!.' UAR 06-013 A; :'D 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 in the City's future annexation area, and is located outside the area of the City covered by the Bovnton Beach 20/20 Redevelooment Master Plan. The proposed project is similar in density and type of development to the subdivisions 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. However, in this area we have consistently approved single-family projects, not multi-family and townhome projects. 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. The proposed PUD is for a single-family residential community that is complimentary to the development patterns in the area along the Lawrence Road corridor, especially adjacent developments. c. Whether changed or changing conditions make the proposed rezoning desirable. - The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is 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 06-013 Aspen Glen PUD The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. The City already provides water and sewer service to the subject property. 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 19,350 gallons for water and 8,708 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. 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 traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 450 new trips per day, with available roadway capacity on Lawrence Road. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2008. Approval is pending from the School District of Palm Beach County in determining that adequate capacity exists to accommodate the projected student population generated from the proposed project. School concurrency is required prior to site plan approval (see Exhibit "C"- Conditions of Approval). Lastly, drainage will also be reviewed in detail as part of the review of the building permit 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. Surrounding development is low density residential developed at a density of 4.84 dwelling units per acre. The density of the proposed PUD is slightly less, 4.82 dwelling units per acre. The current uses within adjacent developments are all single-family residential (detached), with most being zero lot line development, similar to the proposed project. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developed with a total of 4 dwelling units under the existing County zoning district. However, the two (2) existing parcels are much larger than surrounding PUD development, and at a lesser density than allowed by the County MR-5 land use designation. If redeveloped in the County, with a density of up to 5 dwelling units per acre (46 units), the subject property would need to be rezoned from AR to another County residential district consistent with MR-5. Economically, it is conducive for the property to be developed similar to the surrounding residential PUD development, whether developed in the City (45 units) or the County (46 units). However, the subject property should be developed in the City because it is an enclave surrounded on 3 sides by city limits, is located in the City's annexation area, and already receives city utilities and services. / I~ Page 6 File Number: LUAR 06-013 Aspen Glen PUD g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of single-family zero lot line homes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar in nature to surrounding residential development, and will contribute to the range cof 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. The subject property is located in the City's annexation area and designated for Low Density Residential development. Both the type of housing (single-family detached zero lot line) and density (4.82 units per acre) proposed for the PUD is consistent with surrounding development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; 4. The requested land use and zoning are consistent with surrounding development; S. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 6. The proposed development will contribute to the overall economic development of the City. In addition, the proposed Master Plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "C" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS 1 in. = 264.6 feet .~~ _ I I~ :~L---: l___J:~~~ =J~:~\~ ~~~ ,= J ... .. .. . r~'ll. _ J~_ L____ _ ,_ -.-._- I ... - ----~- _.m__~ ~ - ... i . ,- .... ------------ . f------ iT ..._--~ f--- -~c__~~~~-.. .... --- -- ...- -~'-- ---'-. "-.. _.~~ f-~.u -- - \ .. '-- ". -~J-_~~= g l/~t-'r.I. I..u[r-- ------== _ .L jT __. L.~ .. · flIT] o // "\ .. ..- ~-~LYj) --___===_-~~---~ II --------------- ~~..-. \u\\} \ /:~'~ CRnvoDEN~ --_.--~ /':~'~ ------., -." 7'" lJ.V~ <: ,.. -0: - IONATHANS WAY c Ie ( I I . - ~ 1------.. --- ~ '. / -,.-/~~ "- /- --- o - =- J L - ___ I (j\ -- ~--L_J- Y -'-- ----- .~- " . AI _"__ _m _m --~- -, '> Aspen Glen ----/ ~1'1 i :/[,<1 d} '-i., I I ) I I '. \ \ I r" -, f _J _...J.,r 5" n g o- J ?; o u Q? CD i . I a. 'j ,,~, ~,-~.',~." ~ ==::t-;1-~~~~====-=~~ ~\\.._ ~ I - - -=:;-;l~ I 9. . a. I ',' I :0 ; <0 i< , I I: 0 , ~ II~ ~ ~ '1ft ~ ~ - --~ ~ '" .p ~ lai~i [ Ifll~l l! I' .-.. :: I I fd ~ .i : j I' 1 i .1 . Ii J f fJ! - I r I : . ]~ g !! wm If IUS: jI! r :: ~~;k;;~ .~ ~.H~. z Si ~~ i~ ~o ." sg !:~ ~ ~~ 1 ~! !"'.Y! -~~ . > e~ : 1.-. EXHIBIT B r= J +" t --"" !I'I ! r ! I :::.~:en ~I ~AP~I([ ClRCU / ,- / ( 'j !1~HrJ~PJ'" ~Pif~~rHH Hill · fH; ~Jad!frJt ~!ir! I m. I > I ,I '0' ~. , f,"j t! !i':W 1. fl- · I f ~~n"r-~ 1~~~~:: ff~~O~ ?f ~ 5 ~! > 'n a H~ /r___.... EXHIBIT "C" MASTER PLAN Conditions of Approval Project name: Aspen Glen File number: LUAR 06-013 Reference: 2nd review plans identified as a Master Plan with a May 15,2006 Planning and Zoning date stamp marking I ! DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION -- Comments: 1. At the time of site plan submittal, provide a master storm water management X plan outlining the primary and secondary drainage and storm water treatment facilities needed for the subdivision. The master storm water management plan shall consist of an engineering drawing; a written report indicating the method of drainage; existing water elevations; recumng high water elevations; the proposed design water elevations; one hundred-year storm elevation; drainage structures; canals; ditches; storm water treatment methods; necessary percolation; detention and management areas; and any other information pertaining to the control and management of storm and ground water. (Chapter 3, Article IV, Section 3.T.) UTILITIES Comments: 2. The proposed Master Plan is an existing site located within the Utilities' X service area, and is located where water and sanitary sewer utility support is available. Additional comments will be provided at the time of site plan submittal. FIRE Comments: NONE X POLICE Comments: NONE X d ANEX 06-006, LUAR 06-013 CONDJTJONS OF APPROVAL OS/22/06 PAGE 2 I DEPARTMENTS INCLUDE REJECT BUlLDJNG DlVISION -- _.~_._-~ -- --- Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALlST Comments: -- 3. At the time of site plan subJllittal, the applicant must indicate the disposition X of the existing trees on the site in accordance with the Tree Preservation Ordinance. PLANNING AND ZONING -- Comments: -- 4. Prior to site plan approval, the project must obtain approval from the School X District of Palm Beach County regarding school concurrency. 5. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation. The fees associated with this program due at the time of pennitting. 1------ 6. If potable water is to be used for irrigation purposes, the use of drought X - tolerant plant species (per the South Florida Water Management District Manual) shall be maxiJllized and the irrigation system should have water conserving designs (such as a drip system), where possible. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS -~ Comments: -- To be determined. S:\PJanmng\SHARED\WP\PROJECTS\Aspen Glen\lUAR\COAdoc Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Kathleen Zeitler, City Planner indicated staff recommended approval and the requests were consistent with the City's adopted policies and regulations. She reported the request is compatible with the surrounding subdivisions of Nautica Sound and Jonathans Grove. Vice Chair Hay returned to the dias at 7:46 p.m. Chair Wishce opened and closed the public hearing. The typical lot size will be 45 feet by 110 feet, for a total of 4, 950 sf and a maximum lot coverage of 50 percent. Nautica Sound is also a zero lot line subdivision having the same density. Jonathans Grove subdivision has single-family detached homes with the same density as Aspen Glen. Ms. Sharon Grcevic indicated there was a strip of land between the two parcels and received clarification that the project was immediately adjacent to Jonathan's Grove and the two parcels were contiguous. The board discussed a project that was recommended for denial, but approved in March by the City Commission for 90 town homes on less acreage than the request. Ms. Zeitler explained this project has 45 detached single-family homes. Motion A motion was made by Mr. Cwynar to approve the annexation of the subject property subject to all staff comments. Vice Chair Hay seconded the motion that unanimously carried. Land Use Amendment/Rezoning 2. Project: Aspen Glen (LUAR 06-013) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) Proposed Use: 45 Zero lot line Single-family homes Kathleen Zeitler indicated staff recommended approval subject to all staff conditions. Chair Wische opened and closed the floor for public comments. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Motion A motion was made by Mr. Cwynar to approve the request to amend the comprehensive plan from Medium Residential MR-5 to Low Density Residential subject to all staff comments. Mr. Hay seconded the motion that unanimously carried. Motion A motion was made by Ms. Jaskiewicz to approve the request to rezone from Agricultural Residential (Palm Beach County) to Planned Unit Development (PUD) subject to staff comments. Mr. Casaine seconded the motion that unanimously carried. C. Pylon Interstate Plaza Conditional Use 1. Project: Pylon Interstate Plaza (COUS 06-004) Agent: Steven L. Cohen Owner: Chambers Properties, LLC Location: 1501 Corporate Drive Description: Request for conditional use/new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861 acre parcel in the C-1 zoning district. Chair Wische presented the item and asked the Agent, Mr. Cohen, if he agreed with all of staff's comments. The Agent, Steven L. Cohen indicated he was in agreement with all of the staff conditions. Mr. Breese, Principal Planner indicated staff recommended approval. Chair Wische opened and closed the floor for public hearing. Motion Vice Chair Hay moved to approve the request for a Conditional Use for new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861-acre parcel in the C-1 zoning district with all staff comments. Mr. Casaine seconded the motion. HeiQht Exception 2. Project: Pylon Interstate Plaza (COUS 06-003) Agent: Steven L. Cohen Owner: Chambers Properties, LLC 10 ~\.n::"?'G / r" , \ r"", .<,." '", ' !" C\... /0 j.'.. . ,J-:: '?, '1" ,?--" -"-""-"--t:-".>;" p {) ~? CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.4 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 1ZI July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 1ZI Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Legal, Ordinance- Second Reading. The City Commission approved this item on June 20, 2006 under Public Hearing and Legal, Ordinance - First Reading, subject to the requirements that the billboard lease not be renewed and the billboard be removed upon expiration of the lease. For further details pertaining to the request, see attached Department Memorandum No. 03- 302. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Trail Estates (ANEX 06-005) (tka Bermuda Bay) Michael J. Covelli, Caufield & Wheeler, Inc. National Land Company, Inc. Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive Request to annex subject property (5.783 acres). NIA N/A N/A r:!!ft/1L{ f Development epart:ri1ent DIrector Lh/-? 6:: Planning and Zoq;6g irector City Attorney I Finance I Human Resources S:\PlanningISHARED\WP\PROJECTS\Bermuda BaylANEX 06-005IAgenda Request Lake Trail Estates ANEX 06-005 7-5-06 2nd .reading. dot PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: 00 ~~ S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORA._ VIII.-PUBLIC HEARING ITEM H. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Foml Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in 10 Citv Clerk's Office D April 4. 2006 March 20, 2006 (Noon.) D June 6. 2006 j\'lay 15,2006 (Noon) D April 18. 2006 April 3. 2006 (Noon) [gI June 20, 2006 June 5, 2006 (Noon) D April 17,2006 (Noon) ~ Is+- r?cJ r June 19, 2006 (Noon) May 2.2006 July 5, 2006 e D D ;;'ud ~?,. May 16, 2006 May 1,2006 (Noon) July 18, 2006 July 3. 2006 (Noon) D Administrative D Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA HEM [gI Public Hearing [gI Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the June 20, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance First-Reading. The Planning and Development Board recommended that the subject request be approved, on May 23,2006, subject to conditions of approval relative to ultimate removal of the existing billboard at time of lease expiration, exempting the city from any financial liability or responsibility related to removal of the billboard, and the city's consideration of a legal means of allowing development of the property prior to removal of the billboard. Staff continues to maintain its recommendation of denial based on the existence of a billboard on the subject property, which is a prohibited sign by city regulations, It should also be noted that in similar circumstances, applicants were advised that billboards should be removed as a prerequisite to filing an application. In addition, staff recommends that prospective purchasers of properties in the development be made aware that FDOT is unlikely to install a noise wall along 1-95 at this location, For further details pertaining to the request, see attached Department Memorandum No. 03- 302. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay) Michael J. Covelli, Caufield & Wheeler, Inc. National Land Company, lnc, Adjacent to and east ofl-95, west of Lake Ida, west of South Lake Drive Request to annex subject property (5.783 acres). PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TJVES: N/A N/A N/A Document I S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC ~ 1 I ~I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 5.783+/- ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN P AI~M BEACH COUNTY AND THAT WH"L, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMUL T ANEOUSL Y HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the National Land Company, Inc., owner, by and through their agent, 23 Michael J. Covelli of Caufield & Wheeler, Inc., of the property more particularly described 24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of 25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a 26 certain tract ofland consisting of approximately 5.783 +/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article 1, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its S:ICA IOrdinanceslPlanninglAnnexationslAnnexation - Lake Trail Estates.doc 1 19 1 annexation, constitute a reasonably compact addition to the City boundary. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. That each and every Whereas clause is true and correct. 5 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 6 Boynton Beach, Florida and Section l71.044, Florida Statutes the following described 7 unincorporated and contiguous tract of land situated and lying and being in the County of 8 Palm Beach, Florida, to wit: 9 SEE EXHIBIT "A" A TT ACHED HERETO 10 11 Containing: 25l,902 Square Feet Or 5.783 Acres More or Less. 12 13 Subject to easements, restrictions, reservations, covenants and 14 rights-of-way of record. 15 16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 1 7 and become part of the City with the same force and effect as though the same had been 18 originally incorporated in the territorial boundaries thereof. Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 20 Florida, is hereby amended to reflect the annexation of said tract of land more particularly 21 deseribed in Section 2 of this Ordinance. 22 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 23 zoning designation and Land Use category is being determined as contemplated in Section 24 171.162(2), Florida Statutes. 25 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby S:ICA 10rdinanceslPlanninglAnnexationslAnnexation _ Lake Trail Estates.doc 2 repealed. 2 Section 6: Should any section or provision of this Ordinance or any portion thercof 3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 4 thc rcmainder of this Ordinance. 5 Section 7: This Ordinance shall not be passed until the same has been advertised 6 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 7 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 8 Section 8. This ordinance shall become effective immediately upon passage. 9 Section 9. This ordinance, after adoption, shall be filed with the Clerk of thc 10 Circuit Court of Palm Beach County, Florida. 11 FIRST READlNG this _ day of ,2006. 12 SECOND, FINAL READING and PASSAGE this __~ day of ___, 2006. 13 14 15 16 17 18 19 20 21 22 23 24 CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Carl McKoy Commissioner -- Robert Ensler 25 Commissioner -- Mack McCray 26 27 28 29 30 31 ATTEST: Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) S:ICA 10rdinancesIPlanninglAnncxationslAnnexation - Lake Trail Estates.doc 3 .... - 7'.. ~-- -.. .,..,<..~-~.~_ ~-.-;c DESCRIPTION; A PARCEL OF LAND L Y1NGIN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1. BLOCK 1, LAKE VIEW HAVEN, ACCORDING TO THE PLAT THEREOF, ..AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ): THENCE $.16'31'29"W. ALONG THE EAST RIGI-IT~OF-WAY UNE OF INlERSTATE 9;, Po DISTANCE OF 1.336.29 FEET TO F THE POINT OF BEGINNING; THENCE CONTINUE S.18'3l'29"W. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 794.66 . FEET; THENCE S.89'58'lrE., A DISTANCE OF 300.00 FEET; THENCE N.18'31'29"E., A DISTANCE OF 380.00 FEET; !: THENCE S.89'58'lrE., A DISTANCE OF 185.00 FEET; THENCE N.30'26'06"E.. A DISTANCE OF 138.00 FEET; TI-fENCE iJ N.59'33'54"W.. A DISTANCE OF 162.57 FEET; THENCE N.16'49'36"L. A DISTANCE OF 38.91 FEET TO A POINT OF CURVE . TO THE RIGHT HAVING A RADIUS OF 67.65 FEET AND A CENTRAL ANGLE OF 49'03'30"; THENCE NORTHEASTERLY . ALONG THE ARC A DISTANCE OF 57.92 FEET; THENCE N.65'53'06"E., A DISTANCE OF 2.30 FEET; THENCE N.71'28'31"W., A DISTANCE OF 351.69 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 251,902 SQUARE FEET OR 5.783 ACRES, MORE OR lESS. 'BJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. ;; :- ~ --=~ -..::: ._. - .--..:~... . --~---~-- ./ I ~~.-...~ \ I ,/1 1/ e-XJ.l-I g I J n- TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-302 Chairman and Members Planning and Development Board and City Commission Hanna Matras ~ Economic Planner (,; Michael W. RU~ Director of Planning and Zoning May 5, 2006 lake Trail EstatesjANEX 06-005, lUAR 06-012 To annex the property, reclassify from Industrial (Palm Beach County) to low Density Residential (4.84 du/ac) and rezone from Il-Ught Industrial (Palm Beach County) and R-1-AAB (City of Boynton Beach) to R-1-AA. Property Owner: Applicant; Agent: location: Parcel Size: PROJECT DESCRIPTION National land Company, Inc. Caulfield & Wheeler, Inc,fMichael J. Covelli Property subject to Annexation and land Use Amendment request: Adjacent to and east of 1-95, west of lake Ida, approximately 1,400 ft. south of the southern terminus of Diane Drive (Exhibit "A") . Property subject to Rezoning request: Adjacent to and east of 1- 95, west of lake Ida, immediately south of the southern terminus of Diane Drive (Exhibit "A"). Property subject to Annexation and land Use Amendment request: :1:5.78 acres Property subject to Rezoning request: :1:22.904 acres (including Page 2 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates :t8.59S acres of submerged land) Existing land Use: Industrial (Palm Beach County) and low Density Residential (city) Existing Zoning: IL- Ught Industrial (county) and R1-AAB (city) Proposed Land Use: Low Density Residential (4.84 dujac) Proposed Zoning: R-1AA-Single Family Residential Proposed Use: Adjacent Uses: 22 single family residential lots North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 dUjac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Vacant property, designated MR-S Residential and zoned AR, Agricultural Residential. East: Northeast: Single family residential (Lake Eden) designated Low Density Residential (4.84 dujac) and zoned R-1-AAB Single Family Residential; further south: two single-family homes remaining in unincorporated Palm Beach County, designated MR-S Residential and zoned RS Residential; southeast: Lake Ida West: Right-of-way of 1-95 BACKGROUND In April of 2004, the City annexed the northern portion of the property, subject to the present rezoning request, under the name of Bermuda Bay. The property was reclassified to low Density Residential and rezoned to R-lMB, Single Family Residential. The proposed use was 17 single family homes. Even though the proposed number of the single family lots on this part of the property has subsequently been reduced to 14, the lots do not meet the minimum lot frontage requirement of 90 feet for the R1-AAB zoning district. The requested zoning of R1-AA carries a minimum lot frontage requirement of 75 feet, which would accommodate the originally intended design to include 80 foot-wide lots. EXISTING CONDmONS The parcel, which is the subject of the annexation and land use amendment request, totals :tS.78 acres and is currently developed with approximately 46,000 square feet of industrial use. There is also a billboard on the property, subject to contract expiring in 2013. Page 3 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates If annexed, and when ultimately platted, consideration should be given to creating access for the land-locked parcel immediately south of the subject property. This parcel, currently undeveloped, is owned by the Palm Beach county. PROJECT ANALYSIS Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation - Low Density Residential - for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Policy 1.16.3 of the Future Land Use Element states: "The City shall continue to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Ooportunities section are, as follows: "4.1. Unincorporated Parcels in Vicinity of Lake Ida . Those parcels on the west side of Lake Ida, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel along Interstate 95 should be annexed as a nonconforming use in a Low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a low-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." Page 4 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates As per the above recommendation, the requested land use for the property is Low Density Residential, compatible with land use classification of the adjacent properties. The requested R- 1M zoning district, a single family detached zoning district of a slightly higher intensity than the recommended R-1AAB district, can still be considered compatible with the surrounding land uses, particularly given the gross density of the proposed project. The proposed use of 22 single family homes translates into the built density of 0.96 units per acre (1.1 units per acre if submerged land is excluded), considerably below the maximum 4.84 units per acre permitted under the Low Density Residential land use. Finally, the proximity of the lake Ida would put a significant premium on the value of the proposed homes, hence the impact on neighborhood home values should be positive. The requested annexation will reduce the existing enclave, leaving two single family homes in the unincorporated Palm Beach County. These two properties should be annexed simultaneously, but have been excluded from the application. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Utilities), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre/EMS only), With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the proposed residential development is located within the county designated Coastal Residential Area and therefore meets the Traffic Performance Standards of Palm Beach County. The submitted traffic statement indicates that the proposed single family use is expected to generate 245 fewer trips than the existing industrial use. An application for school concurrency has been submitted to the Palm Beach County School District. Since the concurrency determination for the northern portion of the project has expired, the application includes a project total of 22 units. The existing average potable water demand on the property (calculated for a period of January 2005 till May 2006) is 20,000 gallons per month. However, water demand for industrial uses varies considerably depending on the type of use, and potential demand can be significantly higher than the current consumption. The proposed 8 units are estimated to require 522 Gallons per Day (GPO) per unit, for the total of 4,176 GPO (125,280 gallons per month). CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Page 5 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. However, the request is incompatible with the city's position against annexation of properties with existing billboards. The applicant must address this issue in a manner that is acceptable to the City; until the issue is satisfactorily addressed, staff recommends that the subject request be denied. If the Planning and Development Board or the City Commission recommends additional conditions, they will be included as an additional attachment (Exhibit "C''). ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECfS\Bermuda Bay\LUAR 06-012\STAFF REPORT lake Trail Estates.doc EXHIBIT A LAKE TRAIL ESTATES LOCATION MAP LUAR 06-012, ANNEX 06-005 LAKE EDEN WAY -;F,~ti't;;~,~ II: Q III lil: :s III > c:( ::t ~ 'It ~ Z III ;c Q II: M ~ Z III ~ Q Z N ~ Z NW 22ND ST NW 18TH ST II: Q III lil: :s NW 17TH ST NW 17TH ST ~11;\ \,1;1 o " t. "" ." ~- ..' s Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Motion Ms. Jaskiewicz moved that Woodrow Hay be nominated for Chairman. Motion died for lack of a second. Motion Mr Saberson moved to nominate Woodrow Hay for Vice Chairman. Ms. Jaskiewicz seconded the motion. There were no other nominations. A vote was taken and the motion unanimously passed. 5. Approval of Minutes - January 24, 2006 Motion A motion was made by Vice Chair Hay to approve the meeting minutes as presented, and, after a second by Mr. Casaine, unanimously passed. 6. Communications and Announcements There were no announcements or communications. 1. Planning and Development Board meeting held in April. None. No meeting held in April. Assistant City Attorney Tolces put all people who would be testifying under oath. 7. Old Business: None. 8. New Business A. Lake Trail Estates Annexation 1. Project: Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to Annex subject property (5.783 acres) Michael Covelli, Agent for the project with Caufield and Wheeler, Inc. was present. Chair Wische indicated the project meets all the criteria, but there was a statement indicating that unless the billboard is removed, staff would have to deny the request. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Hanna Matras, Economic Development Planner explained this condition has been a longstanding requirement After discussion with the agent and the board, it was ascertained there is an existing contract on the billboard, set to expire in 2013. Assistant City Attorney T olces explained the history of municipalities wanting to have billboards removed. It was thought at one time, there was an ordinance addressing this issue. Assistant City Attorney Tolces clarified whether there was an ordinance or not, the courts have required Cities to pay if a billboard has to be removed, and for all intensive purposes, the billboard remained. Mr. Covelli agreed to remove the billboard once the contract has expired at no cost to the City. There was further discussion about the applicant not renewing the billboard contract, removing the billboard upon expiration of the contract at no cost to the City, and whether those actions would satisfy staffs requirements. Ms. Matras explained billboards are generally not allowed under the City's Sign Code. There have been several instances within the last five years, in which the City was reviewing the requests for annexations, and the billboards were removed before the annexation. She did not believe the requirement was an ordinance but clarified the sign was not allowed per the sign code. Staff reviewed the subject property further. Assistant City Attorney T olces also indicated there is a provision in the land development regulations regarding non-conforming signs which states if there is a billboard sign in Palm Beach County that is annexed into the City of Boynton Beach after the date of adoption which was June 21, 1994, that sign shall be brought into compliance with all provisions of the sign code within five years following the date of annexation. However, the billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order prior to that five-year period. Assistant City Attorney Tolces explaTneo--lhey-neeo to-havethe-biJIboard removed prIor to the issuance of the development order otherwise they had to wait five years. In view of the existing contract, the sign would probably run to the end of the contract, otherwise the City would have to pay for the remaining years the property owner would lose. This was the provision contained in Section 7 of Chapter 21, Signs, Land Development Code, which provides the mechanism for the removal of the sign prior to the issuance of the development order. Assistant City Attorney T olces would need to do more research to determine whether the City would have to pay prior to the expiration of the contract. Mr. Covelli explained the north portion of the property is already within city limits and was a voluntary annexation. The billboard is further south. The master plan was changedapd the lots were made larger. The issue with the billboard can affect the timing of when the project can be developed. He indicated the lease on the billboard is a binding contract and the loss of revenues would need to be calculated. He expressed the owner would be looking for compensation. The easy answer would be to approve the annexation and rezoning and only develop the northern portion of the property. Mr. Covelli explained that would fragment the project and he was looking to develop the property as a unified project This issue was pure economics. Chair Wische acknowledged the presence of Mayor Taylor in the audience. Chair Wische opened the floor to public comment and received comments from the following individuals: 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Jeff Liggio, 3835 South lake Drive, indicated the lot frontage on the existing homes has 150 square feet (sf) of frontage. He explained, initially, the owner was planning on building 17 homes on the north property and another five homes in the annexed area. He explained that changes the character of the neighborhood. He expressed the residents suggested something closer on the lots on their side of the property and compromised at 90 feet frontage with 10ft setbacks. He asked the board, in considering the rezoning, mandate the lots be somewhat closer to what they have now which is about 120/110 feet of frontage with more of a setback. They feel the plans are very close to zero lot line homes Mr Liggio explained there is at least 50 - 60 feet between the existing homes. Mr. Robert Gallik, 3724 Diane Drive, explained his home is the first property north and across the street from the billboard. He explained he had no issue with the billboard remaining until the expiration of the contract, but his concern was that down the road, there could be plans for town homes. He explained if there were just 22 residential lots, plus the annexation, which would increase the number of lots to 27 or 29 lots, and were single-family homes, he would have no objection. He inquired whether the low-density residential zoning classification allowing 4.84 dulac (dwelling units per acre) could accommodate town homes. It was explained town homes are not a permitted use under the land use regulation and zoning classification that is being requested and proposed for this district. Chris Ciasulti, 3708 Diane Drive, spoke about traffic and expressed concern the street would become a "racetrack" for traffic coming from Mission Hill. He explained there are children present. The current speed limit is 25 miles per hour. Denise Zupo, 3509 Diane Drive, agreed with Mr. Ciasulli's concerns and also expressed concern regarding traffic. She inquired who would be responsible for maintaining the bridges with the increase in traffic and construction vehicles traveling the roadway. She explained she and her husband have noticed the bridges are showing signs of cracking and in the past the City has rebuilt and reinforced the bridges. She was looking for assurance the City of Boynton Beach would maintain and control the development process and bridge maintenance. She added the bridge' is the only way in and out of the development. Assistant City Attorney explained there are no changes as far as public streets, which the City maintains. It was also noted the project would reduce the traffic counts for that road by 245 trips as a result of the change to the residential zoning classification rather than the current industrial use zoning. " AI Tyll, representing himself and two neighbors, Dr. Julio Rodriguez, 3855 S. lake Drive, and Julio C. and Emilio Rodriquez, 3865 S. lake Drive, indicated his concerns were the proposed development would not be constructed within the same character of the neighborhood. He explained the one aspect that does not meet the character is the size of the lot. He concurred with Mr. Liggio and requested the zoning be changed to a lower density, R1-AAA, which is more restrictive than what is being proposed. He also indicated the individuals who will live there will be boaters or will use the lake. He explained there would be 22 docks, boats, trailers and jet ski's. There may be additional vehicles. He cautioned if there are too many homes in the area, it would be a mish mash and not in the character it should be. He invited the board members to view the property and gave permission for the board to inspect the area from his yard. Chair Wische closed the floor to public comments. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 The board expressed its concerns about annexing the property with the existing billboard and the legal ramifications and costs to the City. Assistant City Attorney T olces explained the property can be annexed in, but the code recognizes circumstances in which there would be a non-conforming sign on the property. How the City and the property owner deals with the sign after the property is annexed, are issues that could be addressed subsequent to the annexation. Attorney T ofces clarified the conditions placed on the annexation would be carried over as recommendations to the City Commission. Attorney T ofces explained the matter would need to be studied and this could occur before the matter reaches the City Commission. It was noted a development agreement between the affected parties could be reached, but it may be necessary to bring them all together to reach accord and at what point in time this would Occur was unknown. There was further discussion about having the property owner enter into some type of agreement so the City would not have to pay to remove the sign. In return, the City would not take action to enforce the Sign Code, or add a Hold Harmless agreement as a condition for approval, would alleviate the City's liability. Mr. Covelli agreed to take down the sign once the lease expired and indicated if there was a mechanism by which the details could be worked out, he would be amenable to that. He reiterated the issue is the lease needs to run and if it ran until expiration there would be no cost to anyone Motion Mr. Casaine made a motion in reference to the request for annexation of the 5.73 acre subject property that the request should be approved with the following conditions: · The legal ramifications do not tax the City in any way as far as the billboard is concerned. · The billboard comes down after seven years as the applicant has expressed; and · The responsibility the City has as far as cost is concerned and the approval of the annexation is examined and to ensure the City is protected. Vice Chair Hay seconded the motion. Assistant City Attorney Tolces indicated the wording protects the city, provides an opportunity to review the issue and work with the property owner. The board further discussed an amendment to include the builder/developer would be allowed to proceed with the development of the land. Assistant City Attorney T olces indicated the board can make a recommendation to the City Commission directing staff to take any steps that are legally authorized and necessary to allow for the development order to be issued; notwithstanding, the language currently in the land Development Regulations. It would be an exception or waiver, because of the billboard, the development could not occur. Assistant City Attorney indicated he would need to review the code to determine the proper tool to use, i.e., a variance or waiver to the Code or whether an amendment or some type of agreement would be needed. This would take place between the time of the annexation and prior to the development, with the City Commission's input and direction from staff. Motion 5 Meeting Minutes Planning and Development Board Boynton Beach. Florida May 23. 2006 ~,,,-:::~(~-:....f;.. Mr Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. Land Use AmendmentJRezoning 2. Project: lake Trail Estates (lUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing an increase in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll was referring to the R 1-AAA zoning classification. 6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOM. (II. - LEGAL >EVELOPMENT [TEM A.S Requested City Commission Date final form Must be Turned Requested City Commission Date final form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May IS. 2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June S, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) [8'J July S, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8'J Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this on June 20, 2006 under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No. 03-302. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Trail Estates (LUAR 06-012) Michael J. Covelli, CaufIeld & Wheeler, Inc. National Land Company, Inc. Adjacent to and east ofI-95, west of Lake Ida, west of South Lake Drive Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.84 duJac). Proposed use: 22 single-family residential homes PROGRAM IMPACT: fiSCAL IMPACT: ALTERNATIVES: ()1V "- City Manager's Signature Development epartment Director bCJ ~ r2 Planning' and Zonfiigf>irector City Attorney / Finance / Human Resources S:\PlanningISHARED\WP\PROJECTSlBermuda Bay\LUAR 06-012IAgenda Item Request Lake Trail Estates LUAR 06-012 amend 7-S-06.dot S:IBULLETIN\FORMSIAGENDA ITEM REQUEST fORM.DOC VIII.-PUBLIC LEARING ITEM I. CITY OF BOYNTON BEACH AGENDA ITEl\'IREQUEST FORJ\l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May J 5,2006 (Noon) 0 April 18, 2006 April 3, 2006 (Noon) [;8J JUr:/-' 12; t June 5. 2006 (Noon) 0 ~ May 2,2006 April 17,2006 (!Noon) July 5, 2006 ~ June 19,2006 (Noon) :Lvd . 0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [;8J Public Hearing [;8J Legal 0 Bids 0 UnfIIrished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Please place this request on the June 20, 2006 City Conunission Agenda under Public Hearing and Legal, Ordinance First-Reading_ The Planning and Development Board, recommended that the subject request be approved on May 23,2006. For further details pertaining to the request, see attached Department Memorandum No. 03-302. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Trail Estates (LUAR 06-012) Michael J. Covelli, CaufIeld & Wheeler, Inc. National Land Company, Inc_ Adjacent to and east ofI-95, west of Lake Ida, west of South Lake Drive Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm - Beach County) to Low Density Residential (4.84 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and Rl-AAB Single- Family Residential to Rl -AA Single-Family Residential. '. - Proposed use: 22 single-family residential homes N/A N/A N/A lr.l. ~ Development Dep nt DIrector ~.(/ ~ Planning and Z rung Director City Attorney I Finance I Human Resources J:\PlanningISHARED\WP\PROJECTS\Bermuda Bay\LUAR 06-012\Agenda Item Request Lake Trail Estates LUAR 06-012 6-20-06.dot PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: ~~, S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C/It/ 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY NATIONAL LAND COMPANY, INC., AND 8 LOCATED ADJACENT TO AND EAST OF 1-95, WEST 9 OF LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH 10 OF THE SOUTHERN TERMINUS OF DIANE DRIVE; 11 CHANGING THE LAND USE DESIGNATION FROM 12 PALM BEACH COUNTY INDUSTRIAL (I) TO LO'V 13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 15 DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 3 1 herein by this reference. S;\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located adjacent to and east 4 ofl-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane 5 Drive in Boynton Beach, Florida shall be changed from Palm Beach County Industrial (I) and 6 shall now be designated as Low Density Residential (LDR): 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 25 1 ,902 square feet or 5.783 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision ofthis Ordinance or any portion thereofbe 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this _ day of ,2006. S,\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc 1 SECOND, FINAL READING and PASSAGE this _ 2006. day of 2 CITY OF BOYNTON BEACH. FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mayor Jerry Taylor Vice Mayor - Carl McKoy Commissioner Robert Ensler Commissioner - Mack McCray Commissioner Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S,\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc 7"--'-"~ -._.....--::-., -'-., -'~'''''._'_''-~~'':'-i':~~~~'a__:< _:,~' ,_ t DESCRIPTION; ". {A PARCEL OF LAND LYING 1N SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SA/I '; PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .' , .! COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, lAKE 'VIEW HAVEN, ACCORDING TO THE PlAT THEREOF : AS RECORDED IN PLAT BOOK 3Z, PAGES 53 AND 54 Of THE PUBLIC RECORDS OF P ALMBEACH COUNTY, flORIDA: J THENCE S.18'31'29"W. ALONG THE EAST RIGHT~Of-WAY LINE OF INTERSTATE 95~A DISTANCE Of 1.338.29 fEET TO r THE POINT Of BEGINNING; THENCE CONTINUE. S.18';51'29"W. ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE Of 794.66 .' fEET; THENCE S.89'58'lrE., A DISTANCE OF 300.00 fEET; THENCE N.18.31'29"E., A DISTANCE Of 380.00 FEET; ~!: THENCE S.89.58'17"E.,A DISTANCE. OF- 185.00 fEET; THENCE N:30'26'06"E., A. DISTANCE Of 138.00 FEET;' THENCE i _ . _ _ _ . 1 N.59'33'54"W., A DISTANCE Of 162.57 FEET; THENCE N.16"49'36"E., A DISTANCE Of 38.91 fEET TOA POINT Of CURVE .; TO THE RIGHT HAVING A RADIUS Of 67.65 FEET AND A CENTRAL ANGLE Of 49"03'30"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE Of 57.92 fEET; THENCE N.65"53'OS"E., A DISTANCE Of 2.30 fEET; THENCE . N.71 '28'31 "W., A DISTANCE Of 351.S9 fEET TO THE POINT Of BEGINNING.' SAID lANDS SITUATE IN 'PAlM BEACH COUNTY; FLORIDA. CONTAINING 251,902 SQUARE fEET OR 5.783 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-Of-WAY OF RECORD. .. ~. '. - . - - --- _n .- __._ .__-,.._ _.n__._ .... - -- ,--..- "-. -.:..:: ~:~- -:- ~-:"- -- - ../ I -Jlo ....."'!'.". ~)(N I.B J r \'It~) 1 ORDINANCE NO. 06- ') J AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPl..ICATION OFNATIONAL LAND COMPANY, 6 INC., AMENDING ORDINANCE 02-013 TO 7 REZONE A PARCEL OF LAND LOCATED 8 ADJACENT TO AND EAST OF 1-95, WEST OF 9 LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH 10 OF THE SOUTHERN TERMINUS OF DIANE 11 DRIVE, AS MORE FULLY DESCRIBED HEREIN, 12 FROM PALM BEACH COUNTY LIGHT 13 INDUSTRIAL (lL) AND CITY OF BOYNTON 14 BEACH RI-AAB TO SINGLE FAMILY 15 RESIDENTIAL (RI-AA); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN 1 7 EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 2 1 and 22 WHEREAS, National Land Company, Inc., owner of the propcrty located adjacent to 23 and east ofI-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of 24 Diane Drive in Boynton Beach, Florida, as more particularly described herein, has filed a 25 Petition, through its agent, Michael J. Covelli of Cauficld & Wheeler, Inc., pursuant to 26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 27 Florida, for the purpose of rezoning a parcel of land, said land being more particularly 28 described hereinafter, Palm Beach County Light Industrial (IL) and City of Boynton Beach 29 (R1-AAB) to Single Family Residential (R1-AA); and 30 WHEREAS, the City Commission conducted a public hearing and heard testimony 31 and received evidence which the Commission finds supports a rezoning for the property S:ICA 10rdinanceslPlanningIRezoninglRezoning - l.ake Trail Estates.doc 1 hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 3 an amendment to the Land Use which was contemporaneously considered and approved at 4 the public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 6 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated 9 10 herein by this reference. Section 2. The following described land located adjacent to and east ofI-95, west 11 12 of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane Drive in the 13 City of Boynton Beach, Florida, as set forth as follows: 14 15 SEE ATTACHED EXHIBIT "A" 16 17 Containing: 997,709 square feet or 22.90 acres more or less. 18 19 Subject to easements, restrictions, reservations, covenants and 20 rights-of-way of record. 21 22 be and the same is hereby rezoned from Palm Beach County Light Industrial (IL) and City of 23 Boynton Beach (Rl-AAB) to Single Family Residential (Rl-AA). A location map is attached 24 hereto as Exhibit "B" and made a part of this Ordinance by reference. 2 5 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 6 accordingly. 2 7 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby S:ICA \OrdinanceslPlanninglRezoninglRezoning - Lake Trail Estates.doc repealed. 2 Section 5. Should any section or provision of this Ordinance or any portion thereof 3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 4 remainder of this Ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this _ day of_ ,2006. 7 SECOND, FINAL READING and PASSAGE this ___ day of .2006. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 City Clerk 27 28 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor.. Carl McKoy Commissioner n_ Robert Ensler Commissioner -- Mack McCray Commissioner -- Muir C. Ferguson S:ICA 10rdinances\PlanninglRezoninglRezoning - Lake Trail Estates.doc DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95) INTERSECTS -HE NORTH LINE OF THE SOUTH 3/4 OF THE SOUTH 1/2 OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN" , AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF - WA Y LINE S18'31'15"W (ASSUMED), A DISTANCE OF 1365.57 FEET TO A POINT IN THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1788, PAGE 405; THENCE S18'31'15"W, A DISTANCE OF 380.00 FEET, MORE OR LESS; THENCE S89'58'35"E AND PARALLEL WITH THE NORTH LINE OF THE SOUTH ~ OF THE SOUTH ~ OF SAID SECT/ON 5, A DISTANCE OF 300.00 FEET, MORE OR LESS, TO THE APPROXIMATE SHORE LINE OF LAKE IDA AS MAINTAINED; THENCE N18'31'15" E ALONG SAID SHORE LINE, A DISTANCE OF 380.00 FEET, MORE OR LESS, TO A POINT IN A LINE 48.00 FEET NORTH OF AND PARALLEL TO SAID NORTH LINE OF THE SOUTH ~ OF THE SOUTH ~ OF SECTION 5; THENCE S89'58'35"E, A DISTANCE OF 185.00 FEET; THENCE N30'25'48"E, A DISTANCE OF 138.00 FEET; THENCE N59'34'14"W, A DISTANCE OF 162.57 FEET; THENCE N16'49'16"E, A DISTANCE OF 38.91 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 67.85 FEET AND A CENTRAL ANGLE OF 49'03'30", A DISTANCE OF 57.92 FEET; JtiENCE N65'52'48"E ON A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53'41'47", A DISTANCE OF 99.58 FEET; THENCE S59'34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30'25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89'34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01'39'45"E, A DISTANCE OF 125.40 FEET; THENCE N3T41'35"E, A DISTANCE OF 88.34 FEET; THENCE NOO'52'OO"E, A DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N21'14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST 'Iv'ESTERL Y CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO.2"; THENCE 18'30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO ,HE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18'31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW HAVEN"; THENCE N71'28' 4S"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95); THENCE S18'31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 997,709 SQUARE FEET/22.90 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. CAULFIELD B WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 730lA W. PALMETTO PARK ROAD - SUITE IOOA BOCA RATON, FLORIDA 33433 PHONE (561)-392-199/ / FAX (561)-750-1452 DA D P. LINDLEY REGISTERED LAND SURVEYOR NO. 5005 STATE OF FLORIDA L.B. 3591 ~ Lake Trail Estates Rezoning Sketch ~XN If! I} \.\ f}-I/ DATE MAY 0 8 20~ DRAWN BY d I F.B. / PG. SCALE AS SHOWN JOB NO. 4240 LAKE TRAIL ESTATES LOCATION MAP ;"'.) SW 36TH AVE ~,.."'''"'''' ,.,~: LAKE EDEN WAY III NW 22ND ST :( Q Z III III N II: ~ ~ ~ Q Z III X Q :.: .. II: 5 'It M ~ ~ Z Z NW 18TH ST II: Q III :.: 5 NW 17TH ST HW 17TH ST <<> . . 110 ". N rn w~ r..~ S r=-K/oJ I il> II \113)} DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City Commission Hanna Matras 1'V-- Economic Planner. (; Michael W. RU~ Director of Planning and Zoning FROM: THROUGH: DATE: May 5,2006 lake Trail Estates/ANEX 06-005, lUAR 06-012 PROJECT NAME/NUMBER: REQUEST: To annex the property, reclassify from Industrial (Palm Beach County) to low Density Residential (4.84 dUjac) and rezone from Il-Ught Industrial (Palm Beach County) and R-l-AAB (City of Boynton Beach) to R-I-M. PROJECT DESCRIPTION Property Owner: National land Company, Inc. Applicant; Agent: Caulfield & Wheeler, Inc./Michael J. Covelli location: Property subject to Annexation and land Use Amendment request: Adjacent to and east of 1-95, west of lake Ida, approximately 1,400 ft. south of the southern terminus of Diane Drive (Exhibit "A"). Property subject to Rezoning request: Adjacent to and east of 1- 9S, west of lake Ida, immediately south of the southern terminus of Diane Drive (Exhibit "A'). Parcel Size: Property subject to Annexation and land Use Amendment request: .is.78 acres Property subject to Rezoning request: :t22.904 acres (induding Page 2 File Number: ANEX 03-005, lUAR 03-012 Lake Trail Estates :J::8.595 acres of submerged land) Existing land Use: Industrial (Palm Beach County) and low Density Residential (city) IL- Ught Industrial (county) and R1-AAB (city) Existing Zoning: Proposed land Use: Low Density Residential (4.84 dujac) Proposed Zoning: R-1AA-Single Family Residential Proposed Use: Adjacent Uses: 22 single family residential lots North: Northwest, single family homes (lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Vacant property, designated MR-5 Residential and zoned AR, Agricultural Residential. East: Northeast: Single family residential (Lake Eden) designated Low Density Residential (4.84 dujac) and zoned R-l-AAB Single Family Residential; further south: two single-family homes remaining in unincorporated Palm Beach County, designated MR-5 Residential and zoned RS Residential; southeast: Lake Ida West: Right-of-way of 1-95 BACKGROUND In April of 2004, the City annexed the northern portion of the property, subject to the present rezoning request, under the name of Bermuda Bay. The property was reclassified to low Density Residential and rezoned to R-lAAB, Single Family Residential. The Propos~9 use was 17 single family homes. Even though the proposed number of the single family lots on this part of the property has subsequently been reduced to 14, the lots do not meet the minimum lot frontage requirement of 90 feet for the Rl-AAB zoning district. The requested zoning of R1-AA carries a minimum lot frontage requirement of 75 feet, which would accommodate the originally intended design to include 80 foot-wide lots. EXISTING CONOmONS The parcel, which is the subject of the annexation and land use amendment request, totals :i:5.78 acres and is currently developed with approximately 46,000 square feet of industrial use. There Is also a billboard on the property, subject to contract expiring in 2013. Page 3 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates If annexed, and when ultimately platted, consideration should be given to creating access for the land-locked parcel immediately south of the subject property. This parcel, currently undeveloped, is owned by the Palm Beach county. PROJECT ANALYSIS Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the land Development Regulations, staff is not required to review the petition against the eight (B) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7", as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation - low Density Residential - for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy B.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Policy 1.16.3 of the Future Land Use Element states: "The City shall continue to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and ODDortunities section are, as follows: "4.1. Unincorporated Parcels in Vicinity of Lake Ida Those parcels on the west side of Lake Ida, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel along Interstate 95 should be annexed as a nonconforming use in a low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a low-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." Page 4 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates As per the above recommendation, the requested land use for the property is Low Density Residential, compatible with land use classification of the adjacent properties. The requested R- iM zoning district, a single family detached zoning district of a slightly higher intensity than the recommended R-1MB district, can still be considered compatible with the surrounding land uses, particularly given the gross density of the proposed project. The proposed use of 22 single family homes translates into the built density of 0.96 units per acre (1.1 units per acre if submerged land is excluded), considerably below the maximum 4.84 units per acre permitted under the Low Density Residential land use. Finally, the proximity of the lake Ida would put a significant premium on the value of the proposed homes, hence the impact on neighborhood home values should be positive. The requested annexation will reduce the existing enclave, leaving two single family homes in the unincorporated Palm Beach County. These two properties should be annexed simultaneously, but have been excluded from the application. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Utilities), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the proposed residential development is located within the county designated Coastal Residential Area and therefore meets the Traffic Performance Standards of Palm Beach County. The submitted traffic statement indicates that the proposed single family use is expected to generate 245 fewer trips than the existing industrial use. An application for school concurrency has been submitted to the Palm Beach County School District. Since the concurrency determination for the northern portion .of the--project has expired, the application includes a project total of 22 units. The existing average potable water demand on the property (calculated for a period of January 2005 till May 2006) is 20,000 gallons per month. However, water demand for industrial uses varies considerably depending on the type of use, and potential demand can be significantly higher than the current consumption. The proposed 8 units are estimated to require 522 Gallons per Day (GPD) per unit, for the total of 4,176 GPD (125,280 gallons per month). CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Page 5 File Number: ANEX 03-005, lUAR 03-012 lake Trail Estates Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. However, the request is incompatible with the city's position against annexation of properties with existing billboards. The applicant must address this issue in a manner that is acceptable to the City; until the issue is satisfactorily addressed, staff recommends that the subject request be denied. If the Planning and Development Board or the City Commission recommends additional conditions, they will be included as an additional attachment (Exhibit "C"). ATTACHMENTS S:\PIannlng\SHARED\Wp\pROJE~Bennuda Bay\LUAR 06-{)lZ\STAFF REPORT lake TraR Estates.doc EXHIBIT A LAKE TRAIL ESTATES LOCATION MAP LUAR 06-012, ANNEX 06-005 5W36TH AVE LAKE EDEN WAY -~ "::S>t'S;"C;-:;::;3~-~'C- NW 22ND ST w > < o Z N ~ Z II: o w llC j w w ~ ~ :J: 0 I- II: 'If M ~ ~ Z Z NW 18TH ST II: o w :.l: j NW 17TH ST NW 17TH ST <<> N _ W*E ~T Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr. Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. land Use AmendmenURezoning 2. Project: lake Trail Estates (LUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-F amity Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing anTncrease in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll was referring to the R1-AAA zoning classification. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He said that square footage is not on the frontage and emphasized it is the frontage across the lake that is important, not facing 1-95 He supported Mr. Tyll's request for rezoning to the R1-AAA classification Mr. Charlie Bowie, 3800 S. Lake Drive inquired about the entranceway from Lake Ida Road_ Assistant City Attorney T olces explained that land would be in Delray Beach. Staff concurred with Assistant City Attorney T olces. Staff indicated the property separating the two parcels is not included at this time. Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's request about having the 100 foot frontage facing the lake as a minimum. Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the rear property line along the lake. The zoning code specifies frontage as the building setback line at the front of the house. He explained residents are discussing how wide the lots are, and asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the configuration of a particular parcel is such, that if there were frontage on both sides of the roadway, it would be considered and the number of the lots would be increased. He emphasized the determination was made that the road would run along the west side of the property, and then the single row of lots would have all homes as waterfront homes. He reported land is sold at square footage and then the overall parcel would heed to be Iboked at. He added they are good size lots but they are not as square as a conventional lot, they are more rectangular, offering a lot of area from front to back. They are not building it as a square lot. He expressed in creating the lots in that manner, they are compatible in terms of size and provide an opportunity for varying the locations of houses, in terms of distance to the lake or the street. Chair Wische closed the floor to public comments. Motion A motion was made by Mr. Saberson to approve the staffs recommendation with respect to the Land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously passed. The board then addressed the rezoning portion of the item. Chair Wise he opened the floor to public comments. Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of whether the lake is the frontage or the rearage, the importance of the lower density is, there is a 30 ft setback on the side of the lot, which would force lower densities and preserve the character of the neighborhood. He asked for a motion for R 1-AAA to have the developer construct the homes in the neighborhood in that classification. Mr. Tyll supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to 22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans. 7 Meeting Minutes Planning and Development Board Boynton Beach. Florida May 23. 2006 He requested the board consider the concerns of the residents In order to preserve the neighborhood character. Ms. Sharon Tapie, 931 SW 35th Ct, expressed she does not live on the water, but did not believe the plan was in character with the neighborhood, and would change it . She indicated 100 sf of lot frontage is needed. Chair Wische closed the floor to public comments. The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10 ft side setbacks. The zoning on S. Lake Drive was also R 1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality. He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1~AA Single-Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. 8. Aspen Glen Annexation 1. Project: Aspen Glen (Anex 06-006) Agent Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road. approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staffs conditions for them. Vice Chair Hay left the dias at 7:43 p_m. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. Land Use Amendment/Rezoning 2. Project: Lake Trail Estates (LUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing an' increase in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Me Tyll was referring to the R 1-AAA zoning classification. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He said that square footage is not on the frontage and emphasized it is the frontage across the lake that is important, not facing 1-95. He supported Mr. Tyll's request for rezoning to the R1-AAA classification, Mr. Charlie Bowie, 3800 S. lake Drive inquired about the entranceway from lake Ida Road. Assistant City Attorney T olces explained that land would be in Delray Beach. Staff concurred with Assistant City Attorney Tolces. Staff indicated the property separating the two parcels is not included at this time. Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's request about having the 100 foot frontage facing the lake as a minimum. Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the rear property line along the lake. The zoning code specifies frontage as the building setback line at the front of the house. He explained residents are discussing how wide the lots are, and asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the configuration of a particular parcel is such, that if there were frontage on both sides of the roadway, it would be considered and the number of the lots would be increased. He emphasized the determination was made that the road would run along the west side of the property, and then the single row of lots would have all homes as waterfront homes. He reported land is sotdatsquare footage and then the overall parcel WoUld -need lobe looked at. He added they are good size lots but they are not as square as a conventional lot, they are more rectangular, offering a lot of area from front to back. They are not building it as a square lot. He expressed in creating the lots in that manner, they are compatible in terms of size and provide an opportunity for varying the locations of houses, in terms of distance to the lake or the street. Chair Wische closed the floor to public comments. Motion A motion was made by Mr. Saberson to approve the staff's recommendation with respect to the land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously passed. The board then addressed the rezoning portion of the item. Chair Wische opened the floor to public comments. Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of whether the lake is the frontage or the rearage, the importance of the lower density is, there is a 30 ft setback on the side of the lot, which would force lower densities and preserve the character of the neighborhood. He asked for a motion for R1-AAA to have the developer construct the homes in the neighborhood in that classification. Mr. Tyll supported Mr. liggio's comments. He disputed the applicant's comment that the 18 to 22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 He requested the board consider the concerns of the residents In order to preserve the neighborhood character. Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not believe the plan was in character with the neighborhood. and would change it. She indicated 100 sf of lot frontage is needed. Chair Wische closed the floor to public comments. The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10ft side setbacks. The zoning on S. Lake Drive was also R1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality. He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1~AA Single~Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. B. Aspen Glen Annexation 1 . Project: Aspen Glen (Anex 06-006) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staffs conditions for them. Vice Chair Hay left the dias at 7:43 p.m. 8 ~'\-' Y,C.,;' ,. r~ , ~. . ' Q;, j :: c' /u ;... ,'". // F-. '- --- " ," j';:> ;-!_f CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI XII. - LEGAL DEVELOPMENT ITEM A.6 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the July 5, 2006 City Commission Agenda under Legal, Ordinance _ Second Reading. The City Commission approved this on June 20, 2006 under Public Hearing and Legal, Ordinance _ First Reading. For further details pertaining to the request, see attached Department Memorandum No. 03-302. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Lake Trail Estates (LUAR 06-012) Michael J. Covelli, Caufield & Wheeler, Inc. National Land Company, Inc. Adjacent to and east ofI-95, west of Lake Ida, west of South Lake Drive Request to rezone from Light Industrial (IL) (Palm Beach County}, and Rl-AAB Single- Family Residential to Rl-AA Single-Family Residential. Proposed use: 22 single-family residential homes PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: ~ Y4~ City Manager's Signature g irector City Attorney / Finance / Human Resources S\Bermuda BayILUAR 06-0 12\Agenda Item Request Lake Trail Estates LUAR 06-012 rezone 7 -5-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITElVl REQUEST FORNI VIII.-PUBLIC LEARING ITEM I. Requested City ConunissJOn Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned J\)cetipEJ)ate~ in to City Clerk's Office Meeting Dates in. lQi'.itLClerk's Offic.!' 0 April 4, 2006 MaTch 20, 2006 (Noon.) 0 June 6, 2006 May 15.2006 (Noon) 0 April I R, 2006 April 3, 2006 (Noon) [8J June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17, 2006 (Noon) I2f Isf Rd,. June 19,2006 (Noon) July 5, 2006 ~ ;J. NJ 'dr;- . 0 May] 6,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEJ\l [8J Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Please place this request on the June 20, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance First-Reading. The Planning and Development Board, recommended that the subject request be 'pproved on May 23,2006, For further details pertaining to the request, see attached Department Memorandmn No. 03-302. EXPLANA'DON: PROJECT: AGENT: OWNER: LOCA TION: DESCRIPTION: Lake Trail Estates (LUAR 06-012) Michael J. Covelli, CaufIeld & Wheeler, Inc. National Land Company, lnc, Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4,84 du/ac); and Request to rezone from Light Industrial (lL) (Palm Beach County), and RI-AAB Single- Family ResidentiaT to Rl-AA Single-Family Residential. "",:,_ Proposed use: 22 single-family residential homes PROGRAM IMPACT: FlSCALIMPACT: ALTERNATIVES: NJA N/A N/A Zd~~ Development Dep nt Director l.{~ ~? Pla.nning and Z rung Director City Attorney I Finance I Hwnan Resources lanning\SHARED\WP\PROJECTS\Bermuda Bay\LUAR 06-012\Agenda Item Request Lake Trail Estates LUAR 06-012 6-20--06.dol ~~hn' S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC WG '$ ORDINANCE NO. 06- :_/: 3 AN ORDINANCE OJ;' THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 ') BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY NATIONAL LAND COMPANY, 1NC., AND 8 LOCA TED ADJACENT TO AND EAST OF 1-95, WEST 9 OF LAKE IDA, APPROXIMA TEL Y 1,400 FRET SOUTH 10 OF THE SOUTHERN TERMINUS OF DIANE DRIVE; 11 CHANGING THE LAND USE DESIGNATION FROM 12 PALM BEACH COUNTY INDUSTRIAL (1) TO LO\V 13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 15 DATE. 16 1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 Comprehensive Planning Act; and 21 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 24 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plafl and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 3 1 herein by this reference. S:\CA\Ordinances\planning\Land Use\Lake Trail Est 06-012.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the foJIowing described land located adjacent to and east 4 ofI-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of Diane 5 Drive in Boynton Beach, Florida shall be changed from Palm Beach County Industrial (1) and 6 shall now be designated as Low Density Residential (LDR): 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 251,902 square feet or 5.783 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and _..._~" 2 3 Land Development Regulation Act. No party shall be vested of any right by virtue of the 2 4 adoption of this Ordinance until aJI statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this _ day of , 2006. S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc 1. SECOND, FINAL READING and PASSAGE this day of _ 2006. 2 CITY OF BOYNTON BEACH, FLORIDA :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mayor Jerry Taylor YiceMayor Carl McKoy Commissioner -- Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc .--'-~Y._'-- ~~-._",-,________ DESCRIPTION; A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FlORIDA, SAIl PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . -. . COMMENCING AT THE SOUTHWEST CORNER OF lOT 1. BLOCK 1. LAKE VIEW HAVEN, ACCORDING TO THE PlAT THEREOF ..AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, flORIDA: J THENCE S.' 8'31 '29"W. ALONG THE EAST RIGHT-OF-WAY UNE Of INTERSTATE 90. A DISTANCE OF 1.338.29 fEET TO ,( THE POINT Of BEGINNING; TNENCE CONTINUE. S.18'3"29"W,ALONG SAID RIGHT-Of-WAY UNE, A DISTANCE Of 794.66 · fEET; THENCE S.89'5B'l rr.. A DISTANCE OF' 3OQ.00 EEET; THENCE N.18'31'29"E,. A DISTANCE Of 3BO.DO EEET; !. THENCE S.89'58"7"E.. A DISTANCE Of' 185.00 fEET; THENCE N:30'26'D6"r., A DISTANCE Of 138.00 FEET; THENCE r . . . . . .' '1 N.59'33'54"W., A DISTANCE OF 162.57 FEET; THENCE N.16.49'36"E., A DISTANCE OF 38.91 fEET TOA POINT OF CURVI ; TO THE RIGHT HAVING A RADIUS OF 67.65 FEET AND A CENTRAL ANGLE OF 49'03'30"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 57.92 FEET; THENCE N.65.53'06"E., A DISTANCE OF 2.30 FEET; THENCE N.71'28'31"W., A DISTANCE OF 351.69 FEET TOmE POINT OF BEGINNING. SAID lANDS SITUATE IN PALM BEACH COUNTY; FLORIDA. CONTAINING 251,902 SQUARE FEET OR 5.783 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-Of-WAY OF RECORD. ;; = ~ - ----,- -- -.__ _.__H _..____.__ ---~. -...:: -~, - - - - _-....: ~-.. - '- ~:~- --:-:-- --:-~----- ./ ./ ....)>~-~--~ f5:)(N 1~ J) lIf})J 1 ORDINANCE NO. 06- 2 J AN ORDINANCE OF TilE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OFNATIONAL LAND COJ\lPANY, 6 INC., AMENDING ORDINANCE 02-013 TO 7 REZONI( A PARCEL OF LAND LOCATED 8 ADJACENT TO AND EAST OF 1-95, 'VEST OF 9 LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH 10 OF THE SOUTHERN TERMINUS OF DIANE 11 DRIVE, AS MORE FULLY DESCRIBED HEREIN, 12 FROM PALM BEACH COUNTY LIGHT 13 INDUSTRIAL (lL) AND CITY OF BOYNTON 14 BEACH RI-AAB TO SINGLE FAMILY 15 RESIDENTIAL (RI-AA); PROVIDING FOR 16 CONFLICTS, SEVERABILITY, AND AN 1 7 EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Reviscd Zoning Map was adopted for said City; 21 and 22 WHEREAS, National Land Company, Inc., owner of the property located adjacent to 23 and east ofI-95, west of Lake Ida, approximately 1,400 feet south of the southern terminus of 24 Diane Drive in Boynton Beach, Florida, as more particularly described herein. has filed a 25 Petition, through its agent, Michael J. Covelli of Caufield & Wheeler, Inc., pursuant to 26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City -(jf Boynton Beach, 27 Florida, for the purpose of rczoning a parcel of land, said land being morc particularly 28 dcscribed hereinafter, Palm Bcach County Light Industrial (IL) and City of Boynton Beach 29 (R] -AAB) to Single Family Residential (Rl-AA); and 30 WHEREAS, the City Commission conducted a public hearing and heard testimony 31 and received evidence which the Commission finds supports a rezoning for the property S:ICA 10rdinances\PlanninglRezoninglRezoning - l.ake Trail Estates.doc 1 hercinaftcr described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 3 an amendment to the Land Use which was contemporaneously considered and approved at 4 the public hearing heretofore referenccd; and 5 'VHEREAS, the City Commission deems it in the best interests of the inhabitants of 6 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section I. The foregoing Whereas clauses are true and correct and incorporated 10 herein by this reference. 11 Section 2. The following described land located adjacent to and east of I-95, west 12 of Lake Ida, approximately l,400 feet south of the southern terminus of Diane Drive in the 13 City of Boynton Beach, Florida, as set forth as follows: 14 15 SEE ATTACHED EXHIBIT "A" Ie; 17 Containing: 997,709 square feet or 22.90 acres more or less. 18 19 Subject to easements, restrictions, reservations, covenants and 20 rights-of-way of record. 21 22 be and the same is hereby rezoned from Palm Beach County Light Industrial (IL) and City of 23 Boynton Beach (R1-AAB) to Single Family Residential (Rl-AA). A location map is attached 24 hereto as Exhibit "B" and made a part of this Ordinance by reference. 25 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 6 accordingly. 2 7 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby S:ICA 10rdinances\PlanninglRezoninglRezoning _ Lake Trail Estates_doc I I' repealcd. 2 Section 5. Should any section or provision of this Ordinance or any portion thereof 3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 4 remainder of this Ordinance, 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this __ day of ~___.. ,2006. 7 SECOND, FINAL READING and PASSAGE this day of ,2006. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Carl McKoy Commissioncr - Robert Enslcr Commissioner -- Mack McCray ATTEST: Commissioner Muir C. Ferguson City Clerk (Corporate Seal) S:ICA IOrdinances\PlanninglRezoninglRezoning - Lake Trail Estates doc DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .. BEGINNING AT A POINT WHERE THE EAST RIGHT-OF - WA Y LINE OF STATE ROAD NO. 9 (1-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3/4 OF THE SOUTH 1/2 OF SAID SECTION 5, SAID POINT ALSO BEING ..>87.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN" , AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE ALONG SAID RIGHT-OF _ WA Y LINE S18'31'15"W (ASSUMED), A DISTANCE OF 1365.57 FEET TO A POINT IN THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1788. PAGE 405; THENCE S18'31 '15"W. A DISTANCE OF 380.00 FEET, MORE OR LESS; THENCE S89'58'35"E AND PARALLEL WITH THE NORTH LINE OF THE SOUTH J4 OF THE SOUTH ~ OF SAID SECTION 5, A DISTANCE OF 300.00 FEET, MORE OR LESS, TO THE APPROXIMATE SHORE LINE OF LAKE IDA AS MAINTAINED; THENCE N18'31'15" E ALONG SAID SHORE LINE, A DISTANCE OF 380.00 FEET, MORE OR LESS, TO A POINT IN A LINE 48.00 FEET NORTH OF AND PARALLEL TO SAID NORTH LINE OF THE SOUTH J4 OF THE SOUTH ~ OF SECTION 5; THENCE S89'58'35"E, A DISTANCE OF 185.00 FEET; THENCE N30'25'48"E, A DISTANCE OF 138.00 FEET; THENCE N59'34'14"W, A DISTANCE OF 162.57 FEET; THENCE N16'49'16"E, A DISTANCE OF 38.91 FEET TO A POINT OF CUR V A TURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 67.85 FEET AND A CENTRAL ANGLE OF 49'03'30", A DISTANCE OF 57.92 FEET; ]t/ENCE N65'52'48"E ON A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53'41'47", A DISTANCE OF 99.58 FEET; THENCE S59'34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30'25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89'34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01'39'45"E, A DISTANCE OF 125.40 FEET; THENCE N37"41'35"E, A DISTANCE OF 88.34 FEET; THENCE NOO'52'OO"E, A DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N21'14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST 'VESTERL Y CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO.2"; THENCE 18'30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO .E SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEl A; THENCE N18'31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW HAVEN"; THENCE N71'28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.9 (1-95); THENCE S18'31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 997,709 SQUARE FEET/22.90 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. CAULFIELD 8. WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 730lA W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 / FAX (561)-750-1452 DA ID P. LINDLEY REGISTERED LAND SURVEYOR NO. 5005 STATE OF FLORIDA .B. 3591 Lake Trail Estates Rezoning Sketch ~XNJl5 /1 \\f}Jt- DATE MAY 0 3 ZD~ DRAWN BY d I F.B./ PG. N A SCALE AS SHOWN JOB NO. 4240 LAKE TRAIL ESTATES LOCATION MAP -. _ ,.l;~ -...." . -, .",+.,.....,.. -"""'"-""""_.....,..,,.._.~'"'_.. " LAKE EDEN WAY w NW 22ND ST ~ c z w W N " ~ ~ ~ C Z W X C ~ to a: :5 'Of M ~ ~ Z Z NW 18TH ST " C W ~ :5 NW 17TH ST NW 17TH ST <<> . .. toO on '" W~ r.~ S r== K loJ I is / T- \ I 13 )) DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City Commission Hanna Matras 'tV- Economic Planner. 0 Michael W. RU~ Director of Planning and Zoning FROM: THROUGH: DATE: May 5,2006 lake Trail Estates/ANEX 06-005, lUAR 06-012 PROJECT NAME/NUMBER: REQUEST: To annex the property, reclassify from Industrial (Palm Beach County) to low Density Residential (4.84 du/ac) and rezone from ll-Ught Industrial (Palm Beach County) and R-I-MB (City of Boynton Beach) to R -l-M. PROJECT DESCRIPTION Property Owner: National land Company, Jne. Applicant/Agent: Caulfield & Wheeler, Jnc./Michael J. Covelli location: Property subject to Annexation and land Use Amendment request: Adjacent to and east of J-95, west of lake Ida, approximately 1,400 ft. south of the southern terminus of Diane Drive (Exhibit "A") . Property subject to Rezoning request: Adjacent to and east of 1- 95, west of lake Ida, immediately south of the southern terminus of Diane Drive (Exhibit "A"). Parcel Size: Property subject to Annexation and land Use Amendment request: :1:5.78 acres Property subject to Rezoning request: :1:22.904 acres (induding Page 2 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates 18.595 acres of submerged land) Existing land Use: Industrial (Palm Beach County) and low Density Residential (city) Existing Zoning: IL- Ught Industrial (county) and Rl-AAB (city) Proposed Land Use: Low Density Residential (4.84 dujac) Proposed Zoning: R-1AA-Single Family Residential Proposed Use: Adjacent Uses: 22 single family residential lots North: Northwest, single family homes (lake View Haven) designated low Density Residential (4.84 du/ac) and zoned R-l-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Vacant property, designated MR-S Residential and zoned AR, Agricultural Residential. East: Northeast: Single family residential (lake Eden) designated low Density Residential (4.84 du/ac) and zoned R-l-AAB Single Family Residential; further south: two single-family homes remaining in unincorporated Palm Beach County, designated MR-5 Residential and zoned RS Residential; southeast: lake Ida West: Right-of-way of ]-95 BACKGROUND In April of 2004, the City annexed the northern portion of the property, subject to the present rezoning request, under the name of Bermuda Bay. The property was reclassified to Low Density Residential and rezoned to R-lAAB, Single Family Residential. The propos.ed use was 17 single family homes. Even though the proposed number of the single family lots dh this part of the property has subsequently been reduced to 14, the lots do not meet the minimum lot frontage requirement of 90 feet for the Rl-AAB zoning district. The requested zoning of Rl-AA carries a minimum lot frontage requirement of 75 feet, which would accommodate the originally intended design to include 80 foot-wide lots. EXISTING CONOmONS The parcel, which is the subject of the annexation and land use amendment request, totals :t5.78 acres and is currently developed with approximately 46,000 square feet of industrial use. There is also a billboard on the property, subject to contract expiring in 2013. P,?0'C' 3 Fi!.. Number: ANEX 03-005, lUAR 03-012 Lake Trail Estates If annexed, and when ultimately platted, consideration should be given to creating access for the land-locked parcel immediately south of the subject property. This parcel, currently undeveloped, is owned by the Palm Beach county. PROJECT ANALYSIS Because of the size of the property under consideration, the Florida De,partment of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future land Use Map designation - low Density Residential - for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Policy 1.16.3 of the Future land Use Element states: "The City shall continue to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development of specific areas, as set forth in the land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Opportunities section are, as follows: "4.1. Unincorporated Parcels in Vicinity of lake Ida Those parcels on the west side of lake Ida, north of the l.W.D.D. l-30 Canal and the adjacent right-Of-way for Interstate 95 should be annexed. The existing industrial parcel along Interstate 95 should be annexed as a nonconforming use in a low Density Residential land use category and an R-1AAB zoning district, since this is an inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a low-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the lake Eden subdivision should also be annexed and plaCed in the same land use and zoning categories as the adjacent incorporated properties." Page 4 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates As per the above recommendation, the requested land use for the property is Low Density Residential, compatible with land use classification of the adjacent properties. The requested R- 1M zoning district, a single family detached zoning district of a slightly higher intensity than the recommended R-1MB district, can still be considered compatible with the surrounding land uses, particularly given the gross density of the proposed project. The proposed use of 22 single family homes translates into the built density of 0.96 units per acre (1.1 units per acre if submerged land is excluded), considerably below the maximum 4.84 units per acre permitted under the Low Density Residential land use. Finally, the proximity of t,he lake Ida would put a significant premium on the value of the proposed homes, hence the impact on neighborhood home values should be positive. The requested annexation will reduce the existing enclave, leaving two single family homes in the unincorporated Palm Beach County. These two properties should be annexed simultaneously, but have been excluded from the application. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Utilities), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the proposed residential development is located within the county designated Coastal Residential Area and therefore meets the Traffic Performance Standards of Palm Beach County. The submitted traffic statement indicates that the proposed single family use is expected to generate 245 fewer trips than the existing industrial use. An application for school concurrency has been submitted to the Palm Beach County School District. Since the concurrency determination for the northern portion .of thecProject has expired, the application includes a project total of 22 units. The existing average potable water demand on the property (calculated for a period of January 2005 till May 2006) is 20,000 gallons per month. However, water demand for industrial uses varies considerably depending on the type of use, and potential demand can be significantly higher than the current consumption. The proposed 8 units are estimated to require 522 Gallons per Day (GPO) per unit, for the total of 4,176 GPD (125,280 gallons per month). CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Page 5 File Number: ANEX 03-005, LUAR 03-012 Lake Trail Estates Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the oVErall economic development of the City. However, the request is incompatible with the city's position against annexation of properties with existing billboards. The applicant must address this issue in a manner that is acceptable to the City; until the issue is satisfactorily addressed, staff recommends that the subject request be denied. If the Planning and Development Board or the City Commission recommends additional conditions, they will be included -as an additional attachment (Exhibit "C"). ATTACHMENTS S:\P1annlng\SHAREO\WP\PROJECTS\1lennuda Ilay\lUAR O6-OJ2\STAfF REPORT 14ke TraR Estates.doc t:XHIBJT f\ LAKE TRAIL ESTATES LOCATION MAP LUAR 06-012, ANNEX 06-005 LAKE EDEN WAY '0:';'i;c"',:.,:~;:.~..J~';:' 'C ~ w ~ C II: M ~ Z w > ct C Z N ~ Z NW 22NO ST II: C W ~ j w > ct :r ... .., NW 18TH ST ~[w 17TH~T NW 17TH ST ~.. ~ N --'~' s Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, '2006 Mr Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. Land Use AmendmenURezoning 2. Project: Lake Trail Estates (LUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National lake Company, Inc. location: Adjacent to and east of 1-95, west of lake Ida, west of South lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (Il) (Palm 'Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing anwcrease in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll was referring to the R 1-AAA zoning classification. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23~ 2006 Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He said that square footage is not on the frontage and emphasized it is the frontage across the lake that is important, not facing 1-95 He supported Mr. Tyll's request for rezoning to the R1-AAA classification Mr. Charlie Bowie, 3800 S. Lake Drive inquired about the entranceway from Lake Ida Road Assistant City Attorney Tolces explained that land would be in Delray Beach. Staff concurred with Assistant City Attorney T olces. Staff indicated the property separating the two parcels is not included at this time. Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's request about having the 100 foot frontage facing the lake as a minimum. Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the rear property line along the lake. The zoning code specifies frontage as the building setback line at the front of the house. He explained residents are discussing how wide the lots are, and asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the configuration of a particular parcel is such, that if there were frontage on both sides of the roadway, it would be considered and the number of the lots would be increased. He emphasized the determination was made that the road would run along the west side of the property, and then the single row of lots would have all homes as waterfront homes. He reported land is sold at square footage and then the overall parcel woUld heed to be looked at. He added they are good size lots but they are not as square as a conventional lot, they are more rectangular, offering a lot of area from front to back. They are not building it as a square lot. He expressed in creating the lots in that manner, they are compatible in terms of size and provide an opportunity for varying the locations of houses, in terms of distance to the lake or the street Chair Wische closed the floor to public comments. Motion A motion was made by Mr. Saberson to approve the staffs recommendation with respect to the Land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously pas~d. The board then addressed the rezoning portion of the item. Chair Wische opened the floor to public comments Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of whether the lake is the frontage or the rearage, the importance of the lower density is, there is a 30 ft setback on the side of the lot, which would force lower densities and preserve the character of the neighborhood. He asked for a motion for R 1-AAA to have the developer construct the homes in the neighborhood in that classification. Mr. Tyll supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to 22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans. 7 Meeting Minutes Planning and Development Board Boynton Beach. Florida May 23, '2006 He requested the board consider the concerns of the residents In order to preserve the neighborhood character. Ms. Sharon Tapie. 931 SW 35th Ct, expressed she does not live on the water, but did not believe the plan was in character with the neighborhood, and would change il. She indicated 100 sf of lot frontage is needed. Chair Wische closed the floor to public comments The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10 f1 side setbacks. The zoning on S. lake Drive was also R 1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality_ He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (Il) (Palm Beach County),and R1-AAB Single-Family Residential to R1-AA Single-Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. B. Aspen Glen Annexation 1 . Project: Aspen Glen (Anex 06-006) Agent: Bradley Miller, Miller land Planning Consultants, Inc. Owner: Lawrence Development Group, llC Leonard Albanese, Managing Member location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staffs conditions for them. Vice Chair Hay left the dias at 7:43 p.m. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23; 2006 Mr Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. Land Use Amendment/Rezoning 2 Project Lake Trail Estates (LUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing an,)ncrease in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wise he opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll was referring to the R1-AAA zoning classification. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, '2006 Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He said that square footage is not on the frontage and emphasized it is the frontage across the lake that is important, not facing 1-95. He supported Mr. Tyll's request for rezoning to the R1-AAA classification. Mr. Charlie Bowie, 3800 S. Lake Drive inquired about the entranceway from Lake Ida Road. Assistant City Attorney T olces explained that land would be in Delray Beach. Staff concurred with Assistant City Attorney T olces. Staff indicated the property separating the two parcels is not included at this time. Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's request about having the 100 foot frontage facing the lake as a minimum. Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the rear property line along the lake. The zoning code specifies frontage as the building setback line at the front of the house. He explained residents are discussing how wide the lots are, and asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the configuration of a particular parcel is such, that if there were frontage on both sides of the roadway, it would be considered and the number of the lots would be increased. He emphasized the determination was made that the road would run along the west side of the property, and then the single row of lots would have all homes as waterfront homes. He reported land is sold at square footage and then the. overall parcel WoUld -heed lobe .'o-oked at. ... He added they are good size lots but they are not as square as a conventional lot, they are more rectangular, offering a lot of area from front to back. They are not building it as a square lot. He expressed in creating the lots in that manner, they are compatible in terms of size and provide an opportunity for varying the locations of houses, in terms of distance to the lake or the street. Chair Wische closed the floor to public comments. Motion A motion was made by Mr. Saberson to approve the staffs recommendation with respect to the Land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously passed. The board then addressed the rezoning portion of the item. Chair Wische opened the floor to public comments. Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of whether the lake is the frontage or the rearage, the importance of the lower density is, there is a 30 ft setback on the side of the lot, which would force lower densities and preserve the character of the neighborhood. He asked for a motion for R1-AAA to have the developer construct the homes in the neighborhood in that classification. Mr. TyJl supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to 22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 He requested the board consider the concerns of the residents In order to preserve the neighborhood character. Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not believe the plan was in character with the neighborhood, and would change it. She indicated 100 sf of lot frontage is needed Chair Wische closed the floor to public comments. The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10ft side setbacks. The zoning on S. Lake Drive was also R1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality. He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach County), and Rl-AAB Single-Family Residential to Rl~AA Single-Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. B. Aspen Glen Annexation 1 . Project: Aspen Glen (Anex 06-006) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group. LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staffs conditions for them. Vice Chair Hay left the dias at 7:43 p.m. 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL - 2nd Reading Non-Development ITEM B.l Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4. 2006 March 20, 2006 (Noon) D June 6. 2006 May IS, 2006 (Noon) D April] 8. 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2. 2006 April ]7,2006 (Noon) [g] July 5, 2006 June 19,2006 (Noon) D May 16, 2006 May],2006 (Noon) D July 18, 2006 July 3, 2006 (Noon) , ,-~ 0 Administrative D Development Plans p--~: NATURE OF D Consent Agenda D New Business AGENDA ITEM D [g] -.-~.~ Public Hearing Legal D ~- \ D Bids Unfinished Business ,~-, .. --.,\ '_-'n' .: ;- c~ D Announcement 0 Presentation , ' '\ D City Manager's Report RECOMMENDA TlON: 2nd Reading - Adopt proposed ordinance amendment of Part III, Land Development Regulations, Chapter I, Article V, Impact Fees and Dedications. This will increase Impact Fees as follows: Type of Dwelling Unit Current Impact Fee per Proposed Impact Fee per Dwellin2 Unit Dwellin2 Unit Single Family, detached $940 $1,418 Single Family, attached $771 $1,045 Multi Family $656 $924 Current park impact fee formula (Attachment A) Proposed park impact fee formula (Attachment B) EXPLANATION: The purpose of this fee is to provide a source of revenue to fund the construction or improvement of the City's parks necessitated by growth. It will ensure that all future residential land development creating an impact on park and recreational facilities within the City shall bear a proportionate share of the cost. · The average cost per land acre to develop park property is $543,292. This is based on the average assessed value ($312,292) of vacant parcels of two (2) acres or more (P .B. Co. Appraiser's Office database 2005) and the average development cost per acre ($230,000), obtained from Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., a Planning and Landscape Architectural Consulting firm on contract with the City. · Total Cost Per Capita (Attachment C) = $2,762.45 including land and development of facilities. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Via resolution R06-086 the City Commission approved the Recreation & Parks Strategic Plan, which provides a road map for future parks and recreation facilities development for the next ten (10) years, and mirrors the City's Capital Improvement plan during the upcoming five (5) years. The adjusted impact fee will help fund these development activities. FISCAL IMPACT: The current fund balance is $2,603,321.00. Future funding will be based on future development activity. ALTERNATIVES: Do not adopt proposed changes to the ordinance .~ IJe;';rt:-:;t Head'S ign~ture " , , CIJIV ) UC.M ~ Ity anager's SIgnature Recreation & Parks Department Name City Attorney / Finance / Human Resources S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 2 ORDINANCE NO. 06- 3 4 AN ORDINANCE OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING PART III, LAND DEVELOPMENT 7 REGULA TIONS, CHAPTER 1, ARTICLE V, IMPACT 8 FEES AND DEDICATIONS, TO ESTABLISH A NEW 9 SCHEDULE OF PARK AND RECREATION 10 FACILITIES IMPACT FEE; PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND 12 AN EFFECTIVE DATE. 13 14 WHEREAS, on the City Commission adopted Ordinance 06-025 on April 4, 2006 15 and therein modified the regulations regarding park and recreation impact fees; and 16 17 WHEREAS, the City has conduct a study and review of the current level of fees and 18 has made recommendations to the City Commission regarding modification of fees, based in 19 part, on the increase in property values which have occurred since the fees were last 20 established; and 21 22 \VHEREAS, the City Commission has considered and herby accepts and adopts the 23 administrative recommendations regarding an increase of park and recreation impact fees; 24 and, 25 26 WHEREAS, the City Manager recommends the continued imposition of a park and 27 recreation facilitates impact fee to provide a source of revenue to fund the construction 28 improvements of the City park system at the modified rates hereinafter set forth; and 29 30 WHEREAS, the implementation of this Ordinance will ensure that all future 31 residential land development creating an impact on park and recreational facilities within the 32 City shalJ bear a proportionate share of the cost of capital expenditure necessary to provide 33 such facilities in accordance with the open space and recreation element of the 34 comprehensive plan; 35 36 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 37 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 38 39 40 Section 1. The foregoing Whereas clauses are true and correct and incorporated 41 herein by this reference. 42 43 Section 2. Article V., Section 3, subsection h of the Land Development Code is 44 amended as follows: 45 S:ICA 10rdinanceslLDR ChangesIPark Fee Ordinance version 0] 1706.doc I 2 3 4 h. LMP ACT FEE Al'00LJl'l.l,_Jhc c_stabli-sbed park and rccre~tiQll.faciljties imllitc;t Lee per residential unit is as follow?: Tvpe ojJ)wellj!lR-Unit impact Fee per Dwelling Unit Single-family. detached $94+J $],4]8 Single-family, attached ~ $] ,045 Multi-family ~B _ $924 Section 3. Appendix "A", Parks and Recreation Facilities Impact Fees Formula 5 is amended as set forth in the revised Appendix attached hereto. 6 Section 4. Each and every other provision of Chapter 26, not herein specifically 7 amended shall remain in full force and effect as previously enacted. ]0 8 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 9 same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, 11 any paragraph, sentence or word be declared by a court of competent jurisdiction to be ] 2 invalid, such decision shall not affect the remainder of this ordinance. 13 14 ]5 ]6 17 18 ]9 20 2] 22 23 24 25 Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately after passage. FIRST READING this __ day of ~________ 2006. SECOND, FINAL READING AND PASSAGE this day of _____ ,2006. CITY OF BOYNTON BEACH, FLORIDA ~----~.-----------_._-_._._-------- - Mayor S:\CA\Ordinances\LDR Changes\Park Fee Ordinance version 031706.doc I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (CORPORA TE SEAL) S:ICA IOrdinances\LDR ChangesIPark Fee Ordinance version 03] 706.doc Attachmculb Current Park Jmpact Ji'ee Formula COST PER CAPlTA: CALCULATIONS. The cost per capita of park land and each type of recreational facility is calculated by multiplying the standard park acreage and recreational facilities by the average cost per acre or facility as follows: The cost per capita is calculated by multiplying the standard quantity of park land and facility by average cost per facility. The standard quantity is based on actual provision. The land value is the average assessed value per acre of all vacant parcels within the city of more than two (2) acres. An additional Thirty-thousand dollars ($30,000) has been added to the average assessed value to account for basic civil and site development costs. The table below lists the components of land and facilities that make up the City's park system. For each component, the Table displays the City's guideline or service per capita, the average cost per facility and calculates the capital investment cost per capita by multiplying the standard quantity by the average cost. - AVERAGE COSll COST PER COMPONENT STANDARD PER PER FACILITY CAPlT A CAPITA Land acres 0.004916 $173,954 $855.]6 .--~---_.,---_.- ---.---_._--- Playgrounds 0.000248 $50,000 $] 2.40 -~-- ----- Basketball Courts 0.000] 99 $30,000 $5.97 -----~ -'--- ^ HandballlRacquetball Courts 0.000099 $68,000 $6.73 f-- .---- Baseball/Softball Fields - Youth 0.000116 $275,000 $31.90 _.-~.-- Baseball/Softball Fields - Adults 0.000017 $350,000 $5.95 ---.- Football/Soccer Fields. 0.000017 $350,000 $5.95 ._-~--_._- ----------- Tennis Courts 0.000464 $40,000 $] 8.56 - -- Shuffleboard Courts 0.000265 $15,000 $3.98 ----------. Picnic Areas 0.000]67 $50,000 $8.35 -~--_.- ---'~. -- Fitness Trails 0.000389 $48,000 $] 8.67 TOTAL COST PER CAPITA $973.62 -~-'-"---'-- -----~----~ - b. ADJUSTMENT RATE. Based on park improvement budgets over the last four fiscal years, sixty three (63%) percent of cost of park development is anticipated to be generated by the city, with the remaining thirty eight (37%) percent covered by funds from the trust fund established for deposition of impact fees. In the calculation below, other revenues that are being used to pay for new parks and recreational facilities and for improvements of existing facilities are subtracted from the total per capita cost, as shown: Total Investment Cost Less Credit: Percent Net Unfunded Cost per Capita Other Revenues per Capita $973.62 63% $360.24 c. COST PER DWELLING UNIT (IMP ACT FEE) FORMULA. The cost of parks and recreational facilities per dwelling unit is the impact fee. It is determined by multiplying the park and recreational facility cost per person (after the credit reduction for other revenues) by the average number of persons per dwelling unit in a given type of structure: Unfunded Cost Per Capita x Persons per Dwelling Unit Impact Fee per Dwelling Unit Type of Net Unfunded Cost Persons per Impact Fee per Dwelling Unit Per Capita Dwelling Unit Dwelling Unit Single Family, $360.24 2.61 $940 detached Single Family, $360.24 2.14 $771 attached Multi-family $360.24 1.82 $656 The persons-per-unit numbers are currently based on the 1990 Census data. b It a ~hlJl_CI] II} }>roposed Park Impact Fcc Formula COST PER CAPITA: CALCULATIONS. The cost per capita is calculated by multip]ying the standard quantity of park land and facility by average cost per facility. The standard quantity is based on actual provision. The land value is the average assessed value per acre of all vacant parcels within the city of 2 acres or more. Average development cost has been added to the average assessed value to account for basic civil and site development costs. ~-~- COMPONENT STANDARD AVERAGE COST PER PER COST PER CAPlT A CAPITA FACILITY Land acres 0.0049] 6 $543,292 $2,553.47 Playgrounds 0.000248 $100,000 $25.90 ~- Basketball Courts 0.000199 $60,000 $11.88 -- HandballIRacquetball Courts 0.000099 $225,000 $27.44 Baseball/Softball Fie]ds - Youth 0.0001 ]6 $595,000 $36.30 Baseball/Softball Fields - Adults 0.000017 $655,000 $39.96 -~ - ~--~ Football/Soccer Fields 0.000017 $560,000 $14.00 Tennis Courts 0.000464 $60,000 $28.35 Shuffleboard Courts 0.000265 $25,000 $6.10 ,._-,._~----_. ---- - Picnic Areas 0.000167 $50,000 $16.01 '---'--'~~---- -. -- Fitness Trails 0.000389 $100,000 $3.05 TOTAL COST PER CAPlT A $2,762.45 _ _____M'__ .._____ _._.-_.~.....-._-- b. ADJUSTMENT RATE. Based on park improvement budgets over the last five fiscal years, eighty one (81) percent of cost of park development is anticipated to be generated by the city, with the remaining nineteen (19) percent covered by funds from the trust fund established for deposition of impact fees. In the calculation below, other revenues that are being used to pay for new parks and recreational facilities and for improvements of existing facilities are subtracted from the tot a] per capita cost, as shown: ~.. .~l'()t.a] Investment c.'ost .1. Less Credit: perc~n~tL ~ Net Unfunded Cost J per Capita Other Revenues per Capita -,. ._-_.~- .-~---' -----_._~-~._--- __ $2,762.45___ 8]% $525 c. COST PER DWELLING UNIT (IMP ACT FEE) FORMULA. The cost of parks and recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying the park and recreational facility cost per person (after the credit reduction for other revenues) by the average number of persons per dwelling unit in a given type of structure: Type of Net Unfunded Persons per Impact Fee per Dwelling Unit Cost Per Dwelling Unit Dwelling Unit Capita Single Family, detached $525 2.70 $1,418 Single Family, attached $525 1.99 $1,045 Multi-family $525 1.76 $924 The persons-per-unit numbers are based on the 2000 Census data. <0 '0 o N ~ ~ ~ Q) E ..c: () <tl ~ ~ ~ en w I- ...J - () <( lL Z o I-~ <(~ W ~ () W ~ o z <( ~ ~ <( a. <( I- a. <( U 0:: w a. I- en o () ..- I'-- <"0 ro -.;;t -.;;t ..- ..- <D ...- N c Ul (J) ...- ...- <"0 ...- N .Q ClJ <0 .~ ;.e a > '0 <"0 0 ~ .... a.. -0 C C ClJ ro .... -0 .... ::J C 0 ~ ~ ~ 0:: ill<( a.!:::: I-a. en<( 00 o N ~ !:::: z ~ o::~ ill c a.<;::: 1-- en o o tj~ (j)a. -<( >0 00:: 0:: ill a. a. 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ClJ o.~ L- (j)ClJClJO'_......ClJ -00.0>0>0 C Co. ui2....~~a;~~ '" co Ul ClJ ClJ > L- L- Ul ~ -0 0 > > ClJ ::J ::J 0 00.0<(<(0000 Z=>. ... - c co ~ ::J Ul C o o >> .0 -0 ClJ :2 > o L- 0. - en o o <( I- a. <( o 0:: ill a. t=' en o S I- Z ill L I- en ill > Z c ClJ E ClJ o co 0. ~ -I <( I- o I- Opinion of Probable Cost prepared by: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. GJ# 18140.02 date: May 08 2006 project prepared for: phase: City of Boynton Beach Stategic Plan City of Boynton Beach *Park Facilities qua n tit; e s - r~'\f~,~1i~?~''''';!~j~-;:-;'':- ~ ==:;", t. ~G~r,~~' ..,~~1.~:;;t~:':':;~ 'l:':'.~ ;J5~5;;';~~~ ~~ ;;.~~j;,<;-~"-':';::-~:;: ,~~~i ~'I'It Basketball Court - lull size 84' x 50' - Price includes allowance lor grading clean site and lights lS $60,000 $60,000 _J~__~"'_~~~~~d_ 40' x 20' . Price assumes construction of two courts with one common wall and lights Handball/ Racquetball Court lS $225,000 $225,000 Baseball/Softball Field - adult Baseline 60' to go' - Price includes allowance lor grading clean site and lights lS $655,000 $655,000 BaseballJSoftball Field - youth lS $595,000 $595,000 195' x 360' - Price includes FootbalVSoccer Field allowance for grading clean site lS $560,000 $560,000 and lights 60' x 120' - Price includes Tennis Court allowance for grading clean site lS $60,000 $60,000 and lights Shuffleboard Court lS $25,000 $25,000 Playground Price includes basic climbing lS $100,000 $100,000 apparatus, swings, and slides. Price includes lableslbenches. One lS $50,000 $50,000 small shelter, barbeque grill One-hall mile cinder trail loop, 8' lS $100,000 $100,000 wide, 12 stations. Picnic Area Fitness Trail .Source - The Whiting- Turner Contracting Company/Electical Design Associates/Glatting Jackson Glatting Jackson Kercher Anglin Lopez Rinehart, loc_ has no control over the cost of labor, materials, or equipment, the Contractors method of determining prices or competitive bidding or market condittons. Therefore, our opinions of probabJe construction costs provided for herein are made on the basis of experience and represent our best judgment as landscape Architects familiar ......"th the consb"uction industry. The firm cannot and does not guarantee that proposals, bids or the construdion cost will not vary from our opinions of probable costs. . ff the Owner wishes greater assurances as to the construction cost, we recommend the employment of an independent cost estimator. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1.~ XII. - LEGAL - 2nd Reading Non-Development ITEM B.2 Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates In to City Clerk's Oflice Meeting Dates in to City Clerk's Oflice 0 April 4.2006 t\larch 20, 2006 (Noon.1 0 June 6. 2006 May 15.2006 (Noon) 0 April 18.2006 April 3. 2006 (Noon) f2J June 20, 2006 June 5, 2006 (Noon) Is. R~'t. 0 May 2, 2006 April 17, 2006 (Noon) ~ July 5, 200~ June 19,2006 (Noon) 0 :J.IoIJ. cl,. . 0 May 16, 2006 May 1,2006 (Noon) July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing f2J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to amend Code of Ordinances, Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new sub-section (c) entitled "generators - exemptions". EXPLANATION: The current ordinance restricts the decibel levels of generators due to excessive noise. If strictly applied, it would prohibit the use of generators during times of power outage caused by natural disaster. City Commission has approved grant funding through the Neighborhood Services Department for installation of generators at neighborhood clubhouses, civic organizations and faith based organizations for emergency power use during and after natural disasters. The proposed changes will limit the use of generators during times of emergency and for manufacturer required maintenance only. PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: Do not amend the ex is . Development Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC (j#{/ 1 2 3 i I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. 06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES, SECTION 15-8.5 BY ADDING A NEW SUB-SECTION (C) ENTITLED "GENERATORS - EXEMPTIONS"; PROVIDING FOR CON Fl.JCTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the current Code of Ordinances contains restrictions on nOIse enerating equipment which, if strictly applied would prohibit the use of generators during imes of power outage caused by natural disasters; and WHEREAS, the City Commission finds it is in the best interest of the health safety and welfare of the public to allow generators to be used during periods of emergcncy undcr he conditions set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, THAT: Section 1. WHEREAS, the foregoing Whereas clauses are tme and correct and incorporated herein by this referencc. Section 2. Chapter 15, Section 15-8.5 lS hereby amended by creating a new subsection (c) as follows: Sec. ] 5-8.5. Noise Control-- Prohibited Acts. :\CA\Ordinances\Emergency Generators - exemption. doc 6 09..L.Qg06/06/06 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3. Each and every other provlslon of Chapter 15, 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 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that no portion of the City of Boynton Beach Noise Control Ordinance shall be repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Section 7. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of , 2006. SECOND, FINAL READING AND PASSAGE this ,2006. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray ATTEST: Commissioner - Muir C. Ferguson City Clerk (CORPORATE SEAL) S:\CA\Ordinances\Emergency Generators - exemption.doc 06 09 0606/06/06 2 P;lgl' I 11 Bo nton Beach, FL Code of Ordinances P:\RT JI CODE OF ORDIN.\NCFS Chapter IS OFFENSES-!'vlISCELLANEOUS* ARTICLE LmlNGENERAL ARTICLE I. IN GENERAL Sec. 15-1. Adoption of state misdemeanors. It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden and declared a violation of this section. Whosoever shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is provided therefor by the laws of the State of Florida, but in no case shall such penalty exceed a fine of five hundred dollars ($500.00) or a tenn of imprisonment not in excess of one (l) year, or both such fme and imprisonment. (Code 1958, 9 17-42.1; Grd. No. 79-33, 9 1, 12-5-79; Grd. No. 80-43, 9 1, 10-21-80; Ord. No. 85-45, Attach. (b), 8-20-85) Annotation-Adoption of state misdemeanors, including future enactments authorized, MacFarland v. Roberts, 74 SO.2d 88 (Fla. 1954); Jaramillo v. City of Homestead, 322 SO.2d 496 (Fla. 1975); State v. Smith, 189 So.2d 84 (Fla. 4th DCA 1966). Sec. 15-2. Advertising matter; unauthorized posting. It shall be unlawful for any person to fasten, in any way, any show card, poster or other advertising device upon public or private property in the city unless legally authorized to do so. Sec. 15-3. Reserved. State law reference-Section 15-3, relative to the distribution of circulars, throwaways and handbills, derived from Ord. No. 78-45, S I, enacted Sept. 19, 1978, was repealed by Grd. No. 82-22, 9 2, adopted July 20, 1982. Sec. 15-4. Failure to respond to lawful process. It shall be unlawful and a violation of this Code for any person to fail to respond to or comply with any lawful process duly authorized or issued by any board, commission or other city agency. Sec. 15-5. Fireworks displays. (a) Permit required Fireworks displays shall be lawful only if held and conducted in accordance with pennits issued pursuant to this section. (b) Permit application. Application for a pennit for a fireworks display shall be made in writing to the city manager at least fifteen (15) days in advance of the date of the display. (c) Application referral. The application for a permit hereunder shall be referred by the city manager to the chiefs of the police and fire departments. (d) Conditions for issuance. No pennit required by this section shall be granted unless the operator is approved lJ j both the chiefs of the police and fire departments, or unless the chief of the fire department finds that the display is of 'mch a character and is so located, and that the fireworks will be discharged or fired, so as not to be hazardous to http://www.amlegal.comlnxtl gateway .dll/Floridalboyntonlpartiicodeofordinances/chapter 150ffenses-misc... 6/12/2006 Page 2 of 13 property or endanger any person. (e) Permits not transferable. Fireworks display permits shall not be transferable. (Code 1958, ~ 17-15) J 5-6. Reserved. Editor's note-Ord No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed ,~' 15-6, which prohibited misrepresentation of age by minors and use of non minors for illegal purposes. Such section had been derivedfrom the 1958 Code, f 17-24. Sec. 15-7. Minors; secondhand or junk dealers dealing with. It shall be unlawful for any person licensed as a secondhand dealer, junkshop keeper, or house-to-house secondhand buyer, or any agent, employee or servant of such licensee, to buy or accept personal property from any minor except that such licensee may purchase rags and wastepaper from such minors. (Code 1958, S 17-27) Sec. 15-8. Noise control-Short title. Sections l5-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85- 1 6, S 2, 3- 1 9-85) Editor's note-Ord. No. 85-16, f f 1, 2, adopted Mar. 19, 1985, provided for the repeal of f 15-8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as ff 15-8-15-8.8 to read as herein set "Jut. Formerly, f 15-8 was derivedfrom the 1958 Code, f 17-22.2, and Ord No. 82-12, f 1, adopted May 18,1982. ;;ec. 15-8.1. Same-Purpose and space. ,l is the purpose of sections 1 5-8 through 1 5-8.8 to prevent, prohibit and provide for the abatement of excessive and mnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of he City of Boynton Beach. This section shall apply to the control of all sound originating within the limits of this urisdiction. (Ord. No. 85- 1 6, S 2, 3- 1 9-85) Note-See th~_editor's note fQllowiDgSnL5-=-8~ )ec. 15-8.2. Same-Terminology and standards. All terminology used in sections l5-8 through 1 5-8.8, not defined below, shall be in conformance with applicable mblications of the American National Standards Institute (ANSI) or its successor: q- A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A- veighted network. The level so read is designated dBA. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding lemolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well ,ointing. Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten lO) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals two'lty (20) micro- newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of- ray surfaces or similar property. ttp:/ /www.amlegaI.com/nxt/ gateway.dll/Florida/boynton/partiicodeofordinances/ chapter 150ffenses-misc... 6/12/2006 I \rpi.' ~ i)! f:'merJ!,encv. Any occurrencc or set of circumstances IIlvolvll1g actual or emll1ent physical trauma or propcrtv damage which demands immediate action. Emergen(v work. Any work performed for the purpose of prcvent ing or alleviating the physical trauma or property damage threatened or caused by an emergency. impulse noise. A discrete noise or series of such noises of short duration (generally less than one (I) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. LJ 0 sound level. The sound level exceeded for more than ten (10) per cent of a measurement period which for the purposes of sections 1 5-8 through 15-8.8 shall not be less than ten (10) minutes. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Multifamily d~1/elling A building or other shelter that has been divided into separate units to house more than one (I) family. Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive activities include but are not limited to operations of schools, libraries open to public, churches, hospitals and nursil homes. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political subdivision ofa state. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for center frequencies between l60 and 400 Hz and by fifteen (l 5) dB for center frequencies less than or equal to 115 Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra- building real property divisions. Residential area. An area of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment hotels, etc. http://www.amlegal.com/nxt/ gateway .dll/Floridalboynton/partiicodeofordinances/ chapter 150ffenses-misc... 6/12/2006 Page 4 of 13 RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a r 'ium with internal forces. The description of sound may include any characteristic of such sound including duration, lsity and frequency. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S 1.4-1971, or in successor publications. If the weighing employed is not indicated, the A-weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S 1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (l0) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 1 06N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Weekday. Any day Monday through Saturday which is not a legal holiday. (Ord. No. 85-] 6, S 2, 3-19-85; Ord. No. 86-3, S 1,3-4-86) Sec. 15-8.3. Same-Program administration. ,a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city manager, or his designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials engaged in the measurement of noise, assessing compliance with such sections, making recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding noise violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise controL (Ord. No. 85-16, S 2, 3-19-85; Ord. No. 86-3, S 2, 3-4-86; Ord. No. 89-16, S 1, 6-20-89) Note-See the editQr's note followinu15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect any private oroperty, place, report or records at any time when granted permission by the owner, or by some other person with lpparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be }btained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-] 6, S 2, 3-19-85) Note-See th~editor's note followinR.~ ] 5-8. 5-8.5. Noise control-Prohibited acts. (a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued my noise disturbances. lttp:/ /www.amlegal.com/nxt/ gateway .dll/Floridalboynton/partiicodeofordinances/ chapter 15 offenses-misc... 6/12/2006 P:lt!l' " () (b) SJ}('cijic prohihitiolls The following acts. and the callslllg or permitting thereof in SLlch a manner as to creat\.' noise disturbance across a residential or commercia] rea! property linc. or within a IlOlse scnsitive /onc. or at ,illY till1l in violation of the provisions of sectIOn 15-X.X. arc hereby declared to be a violation: (I) Radios, television sets. and similar devjces. Operating. playing or pemlitting the operation or playing of aT radio. television, or phonograph, which produces or reproduces sound eIther mechanically or electronically, (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker system or similar device. including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the city. (4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise disturbance, (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including BV AC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(6). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise disturbance. (Ord. No. 85-16, S 2, 3-19-85; Ord. No. 86-3, S 3,3-4-86; Ord. No. 89-23, S 1,9-19-89; Ord. No. 91-8. ~ 3,2-19-91) N ote-SeyJb&_e9itQr~n()1~lQUQWing.~ 15___8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b )(2). (2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (3) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the Jublic to the existence of an emergency situation. (4) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public lssembly activities conducted pursuant to lawful authority on any public space or right-of-way, including sporting 1ttp:/ /www.amlegal.com/nxt/ gateway .dll/Florida/boynton/partiicodeofordinances/chapter 150ffenses-misc... 6/12/2006 Page 6 of]3 ~vcnts. ,~ (5) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of 'stic power tools and lawn maintenance equipment. (6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning units in residential Jistricts. (7) Nonamplified solo musical instrument played by an individual within a private residence between the hours of ):00 a.m. and 8:30 p.m. (8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of this Section shall 10t apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbance across a -esidential property line would not exceed those sound limits set forth in Section 15-8.8 of this Article. (Ord. No. 35-16, S 2, 3-19-85; Ord. No. 86-3, S 4, 3-4-86; Ord. No. 89-23, S 2, 9-19-89; Ord. No. 01-24, S ],6-5-0]) Note-See the editor's note followillill2~8. ')ec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 hrough ] 5-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as Jrovided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to Jrosecute such offenses. Each day said violation continues shall be a separate offense. (Ord. No. 85-16, S 2, 3-19-85; )rd. No. 86-3, S 5, 3-4-86; Ord. No. 97-5], S 2,11-18-97) > ~ote-See the editor's note followingj~&. ;ec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated n section 15-8.6, in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits ;et forth for the receiving land use category in question for more than ten (10) per cent of any measurement period vhich shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the :onfines of a building within the receiving land use and as a result of a source of sound being located on some other )roperty . (b) L10 sound leve/limits. Permissible sound levels for sounds transmitted to receiving land use areas shall not :xceed the following limits for L 10 sound levels as defined herein. For the purpose of these noise control provisions, :uch sound levels shall be determined using FAST meter responses: Receiving Land Use Category Time L 1 0 Sound Leve/ Limit (dB) A :xterior Residential ] 0:00 p.m. 7:00 a.m. to 60 ] 0:00 p.m. to 7:00 a.m. 55 ~xterior Commercia] At all times 65 Ittp:/ /www.amlegaJ.com/nxt/ gateway .dll/Florida/boynton/partiicodeofordinances/chapter] 5 offenses-misc... 6/] 2/2006 1': I L~ (' i I . Interior Residential 10:00 r.m 7 :()O a. Ill. 10 "0 10:00 p.l11. to 7:00 a.lll. 45 Interior Commercial At all times S5 (c) Maximum sound level limits. The maximum sound level from any applicable sound sources shall not exceed the L I 0 sound level limits by more than the values lisled below: 10 (dB) A from 7:00 p.m. 10 10:00 p.m. 5 (dB) A from 10:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse noise, as defined herein, the sound leve] limits for LlO and maximum sound levels shall be reduced by five (5) (dB) A. (Ord. No. 85- ] 6, S 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, S 6,3-4-86; Ord. No. 86-] 4, S ], 8-] 9-86) Note-See thee<,lilm's notefollQwing~ 1 :;-8. Sec. 15-9. Obstruction of passageways. It shall be unlawful for any person to place or erect, upon any public way or passageway to any building, an obstruction of any type, provided this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public. (Code 1958, S 17-3]) Sec. 15-10. Sound control - Short title. This section shall be known and may be cited by the short title of "City of Boynton Beach Sound Control Ordinance. to (Ord. No. 0]-55, S 1, ] 1-20-(1) Sec.15-10.1. Purpose. ( a) It is the purpose of this section to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud sound. (b) This section shall apply to the control of sound originating within the jurisdictional limits of the city without regard to the content, meaning, or message ofthe sound. It is the express intent that enforcement of these regulations shall be content neutral. (Ord. No. 0] -55, S ], ] ] -20-0]) Sec. 15-10.2. Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by referenc common dictionary definition. When interpretation is required by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): http://www.amlegal.com/nxt/gateway .dll/Florida/boynton/partiicodeofordinances/chapter] 50ffenses-misc... 6/12/2006 Page 8 of 13 Apparent property line. The line along the surface, and its vertical plane extension, which separates one lot or Jarecl of property from another. 'cibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten , ,)f the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals :twenty (20) micro-newtons per square meter). Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property jamage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property jam age threatened or caused by an emergency. National holiday. Those annual holidays designated in 5 U.S.c. 6103. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department Igency, or instrumentality of the United States, a state or any political subdivision of a state. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical )r electronic listening or amplifying device. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a nedium with internal forces. The description of sound may include any characteristic of such sound including duration, ntensity and frequency. r:.:.rmnd disturbance. Any sound which is: (1) Plainly audible beyond a distance oftwenty five (25) feet or further from the apparent property line from Nhich the sound emanates, in a single residential zoning district, or (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible wenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi-family 'esidential zoning districts. (3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from "hich the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning listrict. ; or putpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a :urvey, rather an approximation of the property line may be used taking into consideration physical landmarks such as ences, landscaping, setbacks, driveways, or ground treatment. Weekday. Any day Monday through Friday. Weekend. Saturday or Sunday. Ord. No. 01-55,9 I, 11-20-01) .' · 5-10.3. Administration. The sound control program established by this section shall be administered by the City Manager, or his designee, of he City of Boynton Beach, Florida. lttp:/ /www.amlegal.com/nxt/ gateway .dll/Florida/boynton/partiicodeofordinances/ chapter 15 offenses-misc... 6/12/2006 II ~ 1 ~2 \' \} r! (Orc!. No. 01-55, ~ L 11-20-(1) Sec. 15-10.4. Inspections. Upon presentation of proper credentials. the City Manager or his designee. may enter and/or inspect any pnvatc property, placc, report or records at any time when granted permission by the owner. or by some other person with apparent authority to act for the owner. (Ord. No. 01-55, S 1, 11-20-01) Sec. 15-] 0.5. Prohibited acts. No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein, between the hours of 10:00 p.m. and 6:00 a.m on weekdays and between the hours of 12:00 a.m. and 7:00 a.m. on weekends or national holidays. (Ord. No. 01-55, S 1,11-20-01) Sec. ]5-10.6. Exemptions. Sound emanating from the following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of sectionI5::1Q._2. (l) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicab Ie mles and regulations of the Department of Highway Safety and Motor Vehicles. (2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstatt' railway locomotives and rail cars. (3) Emergency activities. Any sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Domestic power tools and lawn maintenance equipment. Any sound generated by the operation and use of domestic power tools and lawn maintenance equipment. (5) Sound generated by the operation and use of air conditioning units in residential districts. (6) Non-amplified solo musical instmmcnt played by an individual within a private residence. (Ord. No. 01-55, S I, 11-20-01) Sec. 15-10.7. Enforcement and Penalty. (a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; or (b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures as provided by F.S. Chapter 162, Part 2; or (c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in wI- case, the penalty for a violation shall be as follows: (I) First violation - $50.00 http://www.amlegal.com/nxt/ gateway .dll/Florida/boyntonlpartiicodeofordinances/chapter I50ffenses-misc... 6/1212006 Page 10 of 13 (2) Second violation within twelve (12) months of adjudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adjudication of first violation - $500.00 calendar day on which a violation exists shall constitute a separate violation for the purpose of detennining the fine. (d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the :ity, or any affected citizen may bring suit in his or her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted lccording to the terms and conditions ofF.S. Chapter 60, entitled Abatement of Nuisances. (e) Violations of this Article may be enforceable by arrest. (f) For the purpose of this section, any person owning or having responsibility for management ofa business )remises, however temporarily, any perfonner or disc jockey producing sound upon any business premises, any person )Iaying, producing or controlling music, or other sound, any person having control of the volume of music or sound, md the business as named on the occupational license where the music or sound is emanating may be jointly and ;everally liable for compliance with this Article and shall be responsible for any violations hereof. (g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or ;ode enforcement officer has made contact with the owner, occupant or operator of the property from which the )ffending sound emanates to request abatement of the offending sound. When a request for abatement is made and the )ffending sound is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or )ccurs again within three (3) days, a citation or notice to appear may issue without additional request for abatement. No. 01-55, S 1,11-20-01) ;ec.15-11. Stench bombs and other offensive matter. (a) It shall be unlawful for any person in the city to throw, drop, pour, deposit or discharge upon the person or )roperty of another any liquid, gaseous or solid substance which is injurious to persons or property or which is 13useous, sickening, irritating or offensive to any of the senses with intent to wrongfully injure, molest, discomfort, Iiscommode or coerce another in the use, management, conduct or control of his person or property~ or to attempt, or lid in the attempt or commission of any of these prohibited acts. (b) It shall be unlawful for any person in the city to manufacture or prepare or have in hi.s.. possession or under his :ontrol, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or which s nauseous, sickening, irritating or offensive to any of the senses with the intent to use the same in violation of ubsection (a) or with intent that the same shall be used in violation of subsection (a). The possession or control by any )erson of any such liquid, gaseous or solid substance or matter shall be deemed prima facie evidence of intent to use he same or cause the same to be used in violation of subsection (a). (c) The prohibitions of subsections (a) and (b) above shall not apply to police officers acting in the line of duty or D proprietors of business places or their employees using such substances for the protection of their property and their lusiness places when the substances referred to herein are kept solely for the purpose of repelling robbers, thieves, fmrders or other law violators. C " 1958, S 17-43) .cc.15-12. Switchblade knives. It shall be unlawful for any person to sell, offer for sale or display any knife or knives having the appearance of a ttp:/ /www.amlegal.com/nxt/gateway .dll/Floridalboynton/partiicodeofordinances/chapter 150ffenses-misc... 6/1212006 I\l~'-L> i I >I pocket- knife, the blade of which can be opened by a flick of a button, pressure on the handle or other rnech;Hllcal devices. Such knife is hereby declared to be a dangerous or deadly weapon (lIld shall be subject to forfeiture to the lIi\ (Code 1958, ~ 17-44) Sec. 15-13. Throwing stones or missiles. It shall be unlawful for any person to throw any stone or any other missile, upon or at any vehicle, building, tree Of other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground. (Code 1958, ~ 17-46) Sec. 15-14. Weapons; possession or discharge. (a) It shall be unlawful for any person within the city limits to have in his possession, except within his own domicile, or carry, use, fire or discharge a revolver or pistol of any description, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon, commonly known as a "peashooter," "slingshot" or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. (b) The prohibition of this section shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any rar or gallery or to or from an area where hunting is allowed by law. (c) The prohibition of this section shall not be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties. (Code 1958, 9 17-49) Cross reference-Possession, use of weapons in beaches, parks, ~ 16-53. State law reference-Weapons generally, F.S. Ch. 790. Sec. 15-15. Window peeping. It shall be unlawful for any person to look, peep into, or be found loitering around or within view of, any window not on his own property with the intent of watching or looking through such window. (Code 1958, S 17-55) State law reference-Loitering and prowling and prowling generally, F.S. S 856.021. Sec. 15-16. Mandatory street numbers on all buildings. (a) The owners and/or occupants of all properties having a building within the city limits shall install and maintain in a conspicuous place a correct street number of sufficient size, shape and character, to be visible and readable from the adjacent street. All existing single family and multi-family units and commercial structures shall http://www.amlegal.com/nxt/gateway .dll/F 10ridalboynton/partiicodeofordinances/chapter 150ffenses-misc... 6/12/2006 Page 12 of 13 1ave exterior identification/numbering as set forth in subsections E.16 and F.13 of the Land Development Regulations )fthe City of Boynton Beach, Chapter 20. Section 8, subsections E.16 and F.13. ) The owner and/or occupants of any building located by the city building department or the police department \, Jut a number or an incorrect number shall be notified by mail that they should place the correct number on the house within sixty (60) days after receiving notice. (c) The terms and provisions of this section shall be applicable to all apartments, condominiums or rental units within multifamily districts where the entrance to said unit is visible from the public right-of-way. (d) Any person who fails to comply with the provisions of this section following the aforesaid notice shall be in violation of the City Code. (e) The provisions of this section shall be enforceable by a complaint initiated by any city police officer or building department inspector and shall be prosecuted in front of the city's code compliance board. (f) The fire department and police department with the aid of other city departments shall establish and maintain a map of the city, reflecting the numbers on buildings herein provided. (Ord. No. 82-15, S 1,8-3-82; Ord. No. 97-51, S 2,11-18-97; Ord. No. 04-018, S 3,4-7-04) Cross reference-Code compliance board, ~_2.~12(;t.5_~q. Sec. 15-17. Commercial establishments, after-hours operation. '''') It shall be unlawful for any person to operate a commercial establishment, or otherwise be open for business, Jut an employee on duty and physically on the premises between the hours of 10:00 p.m. and 7:00 a.m. (b) Commercial establishments which are not contiguous to a residential zoning district or which are completely enclosed within a building are specifically exempted from the prohibition in subsection (a). (Ord. No. 87-42, S 1, 12-1-87) Sec. 15-18. Graffiti. Graffiti shall mean any message, slogan, word, symbol, or drawing made on any public or private surface without the express permission of the owner of such surface. (a) It shall be unlawful for any person to paint or mark any public or private property without the consent of the respective owner of said property. (b) It shall be unlawful for any person, firm, public agency or utility owning or acting as manager or agent for the owner of property whether privately or publicly owned, to permit the application of or fail to remove any graffiti from the property within thirty (30) days of receipt of notice from the city to remove such graffiti. (c) Any person convicted of violating subsection (a) or (b) above shall be subject to penalties and fines not to exceed five hundred dollars ($500.00). ') In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage JSS caused directly or indirectly by the defendant's offense in a reasonable amount or manner to be determined by the court. (Ord. No. 94-08, S 1, 4-5-94) http://www.amlegal.comlnxtl gateway .dlllFloridalboynton/partiicodeofordinanceslchapter 150ffenses- misc... 6/1212006 P~l ~!C ! " Sec. ] 5-] 9. Non-smoking areas. (3) The City Commission of the City of Boynton Beach, Florida hereby recognizes and supports the lcgislat1\l intent which was the basis for the Florida Clean Indoor Air Act (F.S. ~ 386.202). (b) The City Commission of the City of Boynton Beach, Florida c10es designate all indoor city facilities, includlllg common areas, as non-smoking areas. (Ord. No. 98-30, 99 l, 2, 8-4-98) Sees. 15-20-15-25. Reserved. Disclaimer: ThiS Code of Ordinances and/or any other documents thai appear on thiS site may not reflect ttlC IllOSt current IF'~Jlstallon .1rJopteci IJY the Munlclpellltv /I.I11UI<,C Legal Publishing Corporation provides these documents for informational purposes only These documents shoutd not be relied upon as the definitive authlJrlty 1m local tegislation. Additionally. the formatting and pagination of the posted doculllents varies lrnr11 the formattlf1C) ,lIld paglnatlcn of the offiCial ropy The clflci"l printed copy of a Code of Ordinances should be consulted prior to any action being taken For further information regarding the oftlClat version of any of thiS Code of Ordinances or ollwr ciocumerlts posted CI) thiS sill'. please contact the l\lul)lup;r1r1y directly or contact American Legal Publishing toll-free at 800-445-5588 2005 American Legal Publishing CCJrporatlorl techs!JPJ2Q!1@<JmlegaLcom 18004455588 lttp:/ /www.amlegal.comlnxtl gateway.dll/Floridalboynton/partiicodeofordinances/chapter 150ffenses-misc... 6/12/2006 [\"f,yO~ f."....."" '.\ t'. .: ...... .. \ . ~ \," .' j:t 0\,-,'-, - - -;U ':-"'.", __/:r::;- lV ,~-- ~".,..<.. V fON to' CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORtl'~ XII. - LEGAL - 2nd Reading Non-Development ITEM 8.3 Rcquested City Commission Date Final Form Must be Turned Rcquested City Commission Datc Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6,2006 May] 5,2006 (Noon) 0 April] 8, 2006 April 3, 2006 (Noon) r8J June 20, 2006 June 5, 2006 (Noon) 0 ~ Is+ RJa-. June 19,2006 (Noon) May 2,2006 April 17,2006 (Noon) July 5, 200~ 0 0 t}. ,.,,1 'J I . July 3, 2006 (Noon) May ]6,2006 May],2006 (Noon) July] 8, 2006 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing r8J Legal (I sf Reading) 0 Bids 0 Un[mished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve Ordinance # to Enact restrictions to fishing on the Boynton Beach Boulevard promenade area east of Federal Highway to the Intracoastal Waterway. EXPLANA TION: The CRA recently completed improvements on Boynton Beach Boulevard, east of Federal Highway to the Intracoastal Waterway. These improvements include an extraordinary pedestrian walkway to an overlook area on the Intracoastal Waterway. Unfortunately, the overlook has attracted the occasional fisherman. This has caused the area to becoming messy and unsightly with fish parts. Furthermore, casting of fishing lines in a constricted space is not a safe activity in such close proximity to other pedestrians who use the walkway to view the water. Therefore, in staffs opinion, fishing should be restricted in this vicinity. PROGRAM IMPACT: None FISCAL IMPACT: Cost of signs approximately $50. Decorative signs, if desired, $100. ALTERNATIVES: Allow fishing. ~ Public Works / Engineering S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ J I! 2 II ~\ 4 ::- 6 7 8 () 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMMENDING CHAPTER IS OF THE CODE 01<' ORDINANCES, "OFI<'ENSES-MISCELLANEOUS," TO ADD A NE\V ARTICLE II TITLED "NO FISHING AREAS"; DESIGNATING THE \V ATERFRONT ALONG THE RIGHT OF \V A Y OF BOYNTON BEACH BLVD AS A "NO FISHING AREA"; AUTHORIZING THE DESIGNATION OF ADDITIONAL "NO FISHING AREAS" BY RESOLUTION; PROVIDING FOR PENALY FOR VIOLATION; PROVIDING FOR CONFI~ICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is in the best interest of the health, safety, and welfare of the citizens to prohibit fishing in certain designated areas when fishing is inconsistent with other recreational uses; and WHEREAS, the City Commission finds that subsequent designation of no fishing areas are best handled through the adoption of a resolution. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FI-,ORIDA: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Ordinance upon adoption 24 hereof. 25 Section 2. Chapter 15, "Offenses-Miscellaneous" IS hereby 26 amended to add a new Article XI titled "No Fishing Areas" to read as follows: 27 Sec. 15- 124 Fishing in areas designated as "No Fishing Areas" by the City 28 Commission and posted as such is prohibited. 29 30 Sec. 15- 125 A violation of this section of the code of ordinances m 31 punishable by a fine of $50.00. 32 33 Sec. 15- 126 The area bounded by the north right-of-way line of Boynton :\CA \Ordinances\No Fishing.doc /9/2006- Revised on first reading ]5 ]6 ]7 ]8 ]9 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 Beach Blvd and the south right-of-way line of Boynton Beach Blvd, where Boynton Beach Blvd intersects with the Intracoastal Waterway is hereby designated a "No Fishing Area." The City Commission may, by resolution, designate additional "No Fishing Areas." Section 3. Each and every other provision of the Code of Ordinances not herein 8 specifically amended, shall remain in full force and effect as originally adopted. 9 Section 4. All laws and ordinances applying to the City of Boynton Beach m 10 conflict with any provisions of this ordinance are hereby repealed. 11 Section 5. Should any section or provision of this Ordinance or any portion ] 2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 affect the remainder ofthis Ordinance. ]4 Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _ day of ,2006. SECOND, FINAL READING AND PASSAGE this _ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor.- Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray S:\CA \Ordinances\No Fishing.doc . 6/9/2006- Revised on first reading 2 Commissioner Muir C. Ferguson " " ATTEST: 4 :; --.-------..- _.__.-----.._---_._._.__.._~'"-_.,- 6 Cjty Clerk 7 8 (Corporate Seal) 9 S:\CA \Ordinances\No Fishing.doc /9/2006-Revised on first reading ~'''\''':~-::'I-> " . '\ \ \ \~" ,/;~-~~ "-':; .;;" ,.,~-' \) ,<" "v '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM C.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon) 0 June 6, 2006 May 15, 2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) cgj July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing cgj Legal - I sl Reading 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: First Reading: Adopt proposed Ordinance No. 06-_ amending Section 2-16 of the Code of Ordinances to add a new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice Chair of City Boards. EXPLANA TION: The City Commission has determined that it is advantageous to have a uniform procedure for nominating and voting for the Chair and Vice Chair of City Boards. The new procedure will be as follows: I.) The Mayor, or the Chairman of the Board conducting the appointment when required by law, shall request nominations. 2.) Once all members of the Commission or Board have had the opportunity to nominate individuals to fill the position, the Mayor or Board Chair shall announce that nominations are closed. 3.) The Commission, or Board in such cases that the Board makes the appointment of Chair or Vice Chair, shall vote on the state of nominees with each Commissioner or Board Member indicating the name of the person they wish to be appointed. 4.) Ifa nominee receives a majority of votes on the first ballot, that nominee shall be appointed to the position. 5.) Ifno nominee receives a majority vote on the first ballot, a second ballot will be conducted. Each Commissioner or Board Member will rank the nominees in order of preference for appointment; the nominee with highest preference ranked "I," the nominee with second highest preference ranked "2," and so forth. The City Clerk shall tally the vote, and the nominee with the lowest tally total will be appointed to the position. 6.) In the event ofa tie on the second ballot, a third ballot will be conducted between the nominees with the two lowest tally totals. The nominee that receives a majority of votes on the third ballot shall be appointed to the position. PROGRAM IMPACT: This will create a uniform procedure for nominating and voting for the Chair and Vice Chair of all City Boards. FISCAL IMPACT: Include Account Number where funds will come from. None AL TERNA TIVES: Not to approve the ordinance and continue without a uniform procedure. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ J2-(~ City Manager's Signature Department Head's Signature City Attorney / Finance / Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 22 ] ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 2-16 OF THE CODE OF 5 ORDINANCES TO ADD A NEW SUB-SECTION (h) TO 6 PROVIDE FOR A UNIFORM PROCEDURE FOR 7 NOMINATING AND VOTING FOR THE CHAIR AND VICE 8 CHAIR OF CITY BOARDS; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. ] 1 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for nominating and voting for the chair and vice chair of City Boards. ]4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ]5 OF THE CITY OF BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ] 7 being true and correct and are hereby made a specific part of this Ordinance upon adoption 18 hereof. 19 Section 2. Section 2-16 of Chapter 2, "City Boards and 20 Commissions" is hereby amended to add a new Subsection (h) to read as 21 follows: h The Chair and Vice Chair of all City boards shall be filled using 23 the following selection procedure. unless otherwise prescribed by law: 24 1. The Mayor, or the Chairman of the Board conducting the 25 appointment when required by law, shall request nominations. 26 2. Once all members of the Commission or Board have had the 27 opportunity to nominate individuals to fill the position, the 28 Mayor or Board Chair shall announce that nominations are :\CA \Ordinances\city board chair nomination and voting. doc /23/2006-Revised on first reading / additional revisions on second reading 2 :; 4 5 6 10 11 12 13 14 closed. 3. The Commission, or Board in such cases that the Board makes the appointment of Chair or Vice Chair, shall vote on the slate of nominees with each Commissioner or Board Member indicating the name of the person they wish to be appointed. 4. If a nominee receives a majority of votes on the first ballot, that 7 nominee shall be appointed to the position. 8 5. If no nominee receives a majority vote on the first ballot, a 9 second ballot will be conducted. Each Commissioner or Board Member will rank the nominees in order of preference for appointment; the nominee with highest preference ranked "1," the nominee with second highest preference ranked "2," and so forth. The City Clerk shall tally the vote, and the nominee with the lowest tally total will be appointed to the position. 15 6. In the event of a tie on the second ballot, a third ballot will be 16 conducted between the nominees with the two lowest tally 17 totals. The nominee that receives a majority of votes on the third 18 ballot shall be appointed to the position. 19 Section 3. Each and every other provision of the Code of Ordinances not herein 20 specifically amended, shall remain in full force and effect as originally adopted. 21 Section 4. All laws and ordinances applying to the City of Boynton Beach m 22 conflict with any provisions of this ordinance are hereby repealed. 23 Section 5. Should any section or provision of this Ordinance or any portion :\CA \Ordinances\city board chair nomination and voting. doc /23/2006-Revised on first reading I additional revisions on second reading thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 2 affect the remainder of this Ordinance. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. ,2006. FIRST READING this _ day of SECOND, FINAL READING AND PASSAGE this _ day of ,2006. ATTEST: City Clerk (Corporate Seal) :\CA \Ordinances\city board chair nomination and voting.doc /23/2006-Revised on first reading / additional revisions on second reading CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson rJ\~V 01:- I'll c:--_~.. - r o.;-:.J: "'ON 17 XII. - LEGAL - 1st Reading 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 4, 2006 March 20, 2006 (Noon,) D June 6, 2006 May 15,2006 (Noon) D April 18,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) D May 2, 2006 April I?, 2006 (Noon) [8J July 5, 2006 June 19,2006 (Noon) D May 16.2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon) D Administrative D Development Plans NA TURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [8J Legal I st Reading D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDA TION: First Reading: Adopt proposed Ordinance No. 06-_ revising Article 1, Chapter 13 of the City's Code of Ordinances to include a process and procedure for withholding the issuance or renewal of occupational licenses as a result of existing violations of the City's Code of Ordinances or for failure to comply with the City's land development regulations. EXPLANATION: Article I, Chapter 13 of the City's Code of Ordinances details the process by which an individual may apply for an occupational license and the conditions under which such a license may be issued. Section 13-9(c) expressly provides that "No license shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances." Additionally, Section 13-18 states "(I) The city may refuse to issue, reissue or transfer any license provided for in this chapter when the issue, reissue or transfer of the license would result in the violation of applicable city, county or state law.. .(2) The city shall have the right and authority to revoke any occupational license granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the licensee which constitutes the violation of any applicable city, county, or state law." The City Code provides a specific manner and process by which the City may deny the issuance or renewal of an occupational license. Pursuant to the relevant Code provisions, the City may deny an applicant an occupational license for violating the City Code or failing to comply with the City's land development regulations. This ordinance details the process and procedure by which the city may deny or revoke an occupational license due to non compliance of the City's Code of Ordinances or land development regulations. PROGRAM IMPACT: By approving this ordinance, the city will have an additional tool with which to enforce compliance of the City's Code of Ordinances and land development regulations upon local business owners. FISCAL IMPACT: (Include Account Number where funds will come from.) None Ct;#{/ AL TERNA TIVES: Not to approve the ordinance and revise the code. Department Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM, DOC City Attorney I Finance I Human Resources CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Mayor Jerry Taylor Mem bers of the City Commission CC: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney David N. Tolces, Assistant City Attorney Jacob G. Horowitz, Assistant City Attorney DATE: May 8, 2006 RE: City of Boynton Beach ("City")/ Occupational Licenses ISSUE Whether the City of Boynton Beach has the ability to withhold the issuance or renewal of occupational licenses as a result of existing violations of the City's Code of Ordinances or for failure to comply with the City's land development regulations? ANSWER After researching the issue detailed above, our office has determined that it is appropriate to withhold or fail to renew an occupational license as a result of violations of the City Code of Ordinances or failure to comply with the City's zoning and other land development regulations. ANAL YSIS Article 1, Chapter 13 of the City's Code of Ordinances details the process by which an individual may apply for an occupational license and the conditions under which such a license may be issued. Section 13-9( c) expressly provides that "No license shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances." Additionally, Section 13-18 states, in relevant part: (1 ) The city may refuse to issue, reissue or transfer any license provided for in this chapter when the issue, reissue or transfer of the license would result in the violation of applicable city, county or state law. In the case of such refusal by the city the city shall state in writing the basis for such refusal to issue, reissue or transfer a license with specific references to the provisions of the City Code which the city asserts constitutes grounds for denial. (2) The city shall have the right and authority to revoke any occupational license granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or work being conducted or carried on by the licensee which constitutes the violation of any applicable city, county, or state law. It is further necessary to note that "there is no distinction at law between the revocation of a license and the refusal to renew that license. In each case a private right is changed or taken away and due process of law is essential to the proceeding." Vicbar, Inc. v. City of Miami, 330 So.2d 46 (1976). The general rule is that "an ordinance which vests in municipal authorities arbitrary discretion to grant or revoke a license to carry on an ordinarily lawful business, without prescribing definite rules and conditions for the guidance of the authorities in the execution of their discretionary powers, is invalid." Id. at 47. The City Code of Ordinances details the conditions by which the City may refuse to issue an occupational license. Such refusal may not be arbitrary. The Code also provides a process by which a refused applicant may appeal their denial. In accordance with the City Code, the City must grant the applicant a hearing as well as satisfy other necessary due process requirements. In Vicbar, for instance, the Court held that an ordinance was defective because it gave the City Manager absolute and uncontrolled discretion to refuse to renew a license without establishing standards or guidelines for the exercise of that discretion. Accordingly, it would be appropriate for the Commission to collectively choose to deny a license, but the City Manager or other City official should not unilaterally deny such a license without affording the applicant the opportunity to . Our office has also reviewed the Boca Raton Code provision provided by Carisse Lejeune. This provision, however relates to certificates of use, and is not directly parallel with City's authority to regulate occupational licenses. CONCLUSION As detailed in the analysis above, the City Code provides a specific manner and process by which the City may deny the issuance or renewal of an occupational license. Pursuant to the relevant Code provisions, the City may deny an applicant an occupational license for violating the City Code or failing to comply with the City's land development regulations. If there are additional questions, please do not hesitate to contact our office. JAC/JGH:finc H :\1990\900 I 82.BB\MEMO 2006\Occupational License denial (S-I-06).doc (,,~-rY CJt::- / . \ \;J 1\.. - - } :t , 0.< .. .<i<7V "_~~o -, ! G 9, XII. - LEGAL 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20,2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) [8] July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8] Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve Resolution No. 06-_ authorizing the City Commission to appoint a Voting Delegate to represent the City of Boynton Beach at the Florida League of Cities, Inc. 80th Annual Conference to be held August 10-12, 2006. EXPLANATION: The Florida League of Cities' Annual Conference will be held in Jacksonville, Florida on August 10-12, 2006. This year's theme, Florida IS Her Cities will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate at the conference. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting portion of the conference. One official from each municipality will make decisions that determine the direction of the League. PROGRAM IMPACT: The Florida League of Cities By-Laws requires that each municipality select one person to serve as the municipal voting delegate. By appointing a voting delegate, the City of Boynton Beach will be recognized and able to contribute to the decisions made regarding future policy and leadership of the Florida League of Cities, Inc. FISCAL IMPACT: None ALTERNATIVES: Not to appoint a voting delegate. CHtr ~aM' Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R06- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A VOTING DELEGATE TO REPRESENT THE CITY OF BOYNTON BEACH AT THE FLORIDA LEAGUE OF CITIES, INC., 80th ANNUAL CONFERENCE TO BE HELD AUGUST 10-12, 2006; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida League of Cities Annual Conference will be held on August 10- I 2, 2006; and, WHEREAS, the City of Boynton Beach is entitled and urged to appoint one voting delegate to said Conference and wishes to bestow upon the following named individual such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby appoints as a voting delegate to the 80th Annual Florida League of Cities Annual Conference. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of July, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:ca\Reso\appts\FLC - 80111 Annual Conf. /I !~,i v 1\oh FLORIDA t~IGUEO~ei~IEs, INC. 301 South Sronough Street, Suite 300 . P.O. Sox 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com TO: Municipal Key Official I FROM: Michael Sittig, Executive Director DATE: June 5, 2006 SUBJECT: 80m Annual Conference-Florida IS Her Cities! VOTING DELEGATES AND RESOLUTION INFORMATION August 10-12,2006 Jacksonville Hyatt Regency As you know, the Florida League of Cities' Annual Conference will be held at the Hyatt Regency Hotel in Jacksonville, Florida on August 10-12. This year's theme, Florida IS Her Cities will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, population determines each municipality's vote, and the League will use the Estimates of Population from the University of Florida for 2005. Registration materials have already been sent to each municipality. Call us if you need additional copies. We have attached the procedures your municipality should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne at Suncom 278-5331 or (800) 616-1513, extension 116. The League must receive resolution forms no later than July 8,2006 and the League must receive Voting delegate forms no later than July 20, 2006. Attachments: Form Designation Voting Delegate Procedures for Submitting Conference Resolutions President Julio Robaina, Mayor, Hialeah -;t Vice President Rene Flowers, Council Vice Chair, St. Petersburg + Second Vice President Frank Ortis, Mayor, Pembroke Pines Executive Director Michael Sittig + General Counsel Harry Morrison, Jr. 80th Annual Conference Florida League of Cities, Inc. August 10-12, 2006 Jacksonville, Florida It is important that each municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipal voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desilmation of V otine Deleeate Name of Voting Delegate: Title: Municipality: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 80th Annual Conference Hyatt Regency Hotel, Jacksonville, Florida August 10-12, 2006 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 5, 2006, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposes.) (3) Proposed resolutions may be submitted directly to the Resolution Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present will be required for adoption. (5) Proposed resolutions relating to state letdslation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indication their municipality is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates May 30. 2006 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 30 Appointment of Resolutions Committee Members July 5 Deadline for Submitting Resolutions to the League office July 20 Deadline for Submitting Voting delegate forms to the League office Au~ust 10 League Standing Committee Meetings Resolutions Committee Meetings Voting Delegates Registration Au(!Ust 12 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session XIII-UNFINISHED 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 Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to C itv Clerk's Office 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon) 0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) I2Sl July 5, 2006 June 19,2006 (Noon) 0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids I2Sl Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Information Item EXPLANATION: On June 6, 2006, Sergot Mirtyl, speaking on behalf of Marie T. Germain of 1519 NE 151 Court, appeared before the City Commission and requested the City Commission look into a Code Enforcement lien that resulted in a lien on the property in the amount of $34,007.00 that she discovered when she decided to sell her home. The title company, Title Support Group, Inc., issued a check to the City in the amount of the lien and Ms. Germain has requested that the City Commission reimburse that money to her. Upon further extensive research, it was discovered that Ms Germain applied for assistance from the City on March 1,2000. On June 14,2000, Code Compliance was notified by memorandum that the status of the applicant was no longer pending and would be receiving assistance with bringing the property into compliance. On June 20, 2000, work on the driveway was completed and paid. Code Compliance complied the work on July 3, 2000. Subsequently, an audit of the City's Code Enforcement records has revealed that the actual value of the lien was $21,801.18; therefore, the City of Boynton Beach is remitting the overage amount of$12,275.00 back to the title company, asking them to disperse the refunded portion of the lien to the appropriate party. PROGRAM IMPACT: None FISCAL IMP ACT: (Include Account Number where funds will come from.) Reduce Code Fine Acct # 001-0000-354-01-00 by $12,275.00 rAuU City Manager's Signature ALTERN A TIVES: The overage amount was accrued and collected in error; therefo money. Department Head's Signature City Attorney / Finance / Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach OFFICE OF THE C/TY.1 TTORNEY 100 E. Boynton BeNch Bou!l',-nrd Po. Box 3}(1 Boynton Beach. Floridn 334:!5 .031 () . (561) 74:!'(i050 FAX- (561) 742.6054 (Date Pending Check Distribution) Title Support Group, Inc. Real Estate Escrow & Trust Account 3475 Sheridan Street, Suite 301 Hollywood, FL 33021 RE: Iglad Norelus purchase from Marie T. Germain and Simon Camilus Your File Number 06039 Dear Sir: In April, 2006, in conjunction with the above-referenced real estate closing, the City Of Boynton Beach received your check #8839, dated April 3, 2006, in the amount of $34,076.18 in satisfaction of City Code Enforcement Lien 96-2635. A subsequent audit of the City's Code Enforcement records has revealed that the actual value of the lien was $21,801.18. Therefore, the City Of Boynton Beach hereby remits 12,275.00, which represents the overage amount. Please adjust your closing records accordingly and disperse the refunded portion of the lien to the appropriate party. Very truly yours, JAMES CHEROF City Attorney JAC/rec cc: Kurt Bressner, City Manager Encs. City Of Boynton Beach Check #_ America's Gateway to the Gulfstream