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Agenda 07-17-01The City of 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JULY 17, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District ! Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager DISTRICT Visit our Web site www.ci.boynton-beach,fl.us We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTZCTPATZON AT cTrY OF BOYNTON BEACH COMMZSSZONMEETZNGS -~ THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:rems: These are items which the Commission does not need to discuss individually and which are voted on ,as a group. · Regular Agenda ]:rems: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK:I:NG AT COMMZSS]:ON MEETI:NGS: The public is encouraged to offer comment to the C~ '?:~mission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation, of an agenda item has ..... begun. · Public Hearings: Any citizen may speak on an official agenda 'item under the section entitled "Public Hearings", . Publi~ Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda ]:terns: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Hayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZSSZON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, :L00 East Boynton Bead Boulevard, Boynton Beach. All regular meetings are held typically on the first and 'third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA July 17, 2001 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rabbi Max Roth, Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Commissioner McCray D. IFYOU WISH, TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORf4 GIVE Il' TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUrVl WHEN THE MAYOR CALLS YOUR NAME INDI~/IDUALS MAY SPEAK FOR THREE UNINTERRUPTED f4INUTES E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: IND~/IDUAL SPEAKERS WILL BE LII~IITED TO 3-~4INUTE PRESENTA'I~ONS INFORMA'r~ONAL ZTEI~IS BY MEMBERS OF THE CITY COf4MISSION IIA. III. A. Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date I Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting i yr term to 4/02 IV Fisher Bldg. 8d of Adj & Appeals Reg 3 yr term to 4/0,; Mayor 8roening 81dg. Bd of Adj & Appeals Alt i yr term to 4/02 Mayor Broening Cemetery Board Reg 3 yr term to 4/04 Mayor Broening Code Compliance Board Alt 1 yr term to 4/02 III Ferguson Community Relations Board Reg 3 yr term to 4/03 (Tabled-3) CZTY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMI'SS'rON .1ULY 17~ 2001 1IT Ferguson IV Fisher Mayor Broening Weiland TI McCray II McCray III Ferguson Education Advisory Board Education Advisory Board Education Advisory Board Golf Course Advisory Committee Golf Course Advisory Committee Nuisance Abatement Board Senior Advisory Board Reg Alt Stu Alt Alt Alt Alt 2 yr term to 4/03 1 yr term to 4/02 1 yr term to 4/02 5 yr term to 6/06 5 yr term to 6/06 Iyr term to 4/02 Iyr term to 4/02 TV. ANNOUNCEPlENTS & PRESENTA'rZONS: A. Announcements: Oceanfront Concert Series on July 20, 2001, 6-9 PM, at Oceanfront Park - Straight Shooter (Country Band) Wally Majors, Recreation Director, and Linda Coyne, Volunteer & Silent Auction Coordinator for the Concert on the Green, will present a donation of $500 in Publix gift certificates to The Lord's Place Boynton Beach Family Shelter. Shelter Director Laura Shumaker will be present to accept the donation. Recognition of Boynton Beach Police Department's 10 year old & under PAL basketball team for placing 1~t in region, 2nd in state and 3rd nationally in the 2001 National PAL Basketball Tournament 4. Wal*Mart's School Supply Ddve B. Presentations: 1. Proclamations: V. 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. City Commission Workshop of June 19, 2001 2. Agenda Preview Conference of .lune 28, 2001 cTrY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMi'SSZON .1ULY 17~, 2001 3. City Commission Workshop of June 28, 2001 4. City Commission Workshop of July 3, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget 1. Intentionally left blank Award the "ANNUAL CONTRACT FOR PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS," Bid #067-1412- 01/KR, to various vendors on a "lot-by-lot" basis with an estimated annual expenditure of $20,000 Award the "PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS," Bid #061-2821-01/KR, to OK Generator, in the amount of $63,642 for two (2) generator sets ($31,821 each) Award the "RE-BID for the ANNUAL SUPPLY OF PLASTIC FRONT LOAD CONTAINERS," Bid #065-2510-01/C3D, to Truck Max, Inc. for an estimated annual expenditure of $20,000 Approve the "piggy-back" of STATE OF FLORIDA, CONTRACT #600-340- 01-1 to PITNEY BOWES for the THREE YEAR LEASE of a PB DF360 DIGITAL COPIER at $4,524 annually (lease period would amount to $13,572) Resolutions: Proposed Resolution No. R01-218 Re: Approving the reduction of the Excavation and Fill surety for Lowe's of Boynton Beach from $110,000 to $5,500 Proposed Resolution No. R01-219 Re: Approving the reduction of the Utility System surety for Lowe's of Boynton Beach from $278,904 to $13,945.42 Proposed Resolution No, R01-220 Re: Approving and executing by Resolution Change Order No. i in the amount of $11,804 to Widell, Inc. for the installation of one (1) owner furnished dry pit submersible pump at Lift Station 317, and Change Order #2, modification to Lift station 319, discharge header pipe in the amount of $4,332 3 cTrY OF BOYNTON BEACH AGENDA REGULAR CZTY COHH?SSt'ON 3ULY 17, 2001 Dm Proposed Resolution No. R01-22;[ Re: Approving and authorizing signing of an Agreement for Water Service Outside of the City Limits, with Carlos D. Lopez and Sandra Nogueira Lopez for tots 66. through 71 inclusive of Block 15, West Boynton Plat 2C Ratification of Planning & Development Board Action: Marie Premier - 1521 NE 2"d Street (Lot #41, Block 17, First Addition to Rolling Green Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B, requiring a minimum rear setback of twenty-five (25) feet, to allow a :[6.58 foot variance and an 8.42 rear yard setback for a tool shed on a R- 1-A zoned parcel (POSTPONED I. INTZ£ C17'Y COMMISSION MEETZNG OF AU~;U~I' 7, 200.Z) Ratification of Community Redevelopment Agency Action: Habitat for Humanity - 233 N.E. 11th Avenue (Lot 5, Block 2, Meeks & Andrews Addition to Boynton) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5. F.2.a. to allow a single-family home on a fifty (50) foot wide Iotin lieu of the sixty (60) feet required by code in a R-2 zoning district Pence Park - 600 S.E. 4th Street - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 5. I. 2. requiring a minimum twenty-five (25) foot rear yard setback in the RecreaUon zoning district, to allow an eighteen (18) foot variance which is a seven (7) foot rear yard setback 3~ Animal Control - 415 .N.E. 4~ Street - Request relief from the City of Boynton Beach Land Development Regulations Chapter 2, Zoning, Section 4.1.2. requiring a maximum fence height of 6 feet in the CBD zoning district, to allow an eight (8) foot high chain link fence, which is a two (2) foot variance Approve payment of $10,000 to Florida Department of Environmental ProtectiOn for Administrative Application fee for renewal of the operating permit for the Deep Injection Well Approve $52,046 of SHIP and CDBG funds for the rehabilitation of repairs to the property located at 1451 NW 1~ Court Intentionally left blank cTrY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMZSSZON 3ULY 1.7, 2001 VI, VIII. I. Status Report on New Meeting Schedule for Advisory Boards Approve expenditure of Community Investment Funds in the amount of $1,000 for books at the Art Center, suggested by Commissioner Fisher cTrY MANAGER'S REPORT: A. Inform Commission of the Recreation Department's Needs Assessment Goals B. Project Team Reports (From 55 Strategic InitiatiVes): 1. 5.1 Holiday Program/Holiday Tree Lighting Report PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. PROJECT NAME: AGENT: OWNER: LOCATION: DESC~PT~ON: US 1 CORRIDOR LAND USE MAP AMENDMENT Implementation of the Federal Highway Corridor Redevelopment Plan City of Boynton Beach Numerous property owners Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south, bounded by the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west Request to amend the Comprehensive Plan Future Land Use Map from present designations of General Commercial (GC), Local Retail Commercial (LRC), Office Commercial (OC), High Density Residential (HDR), Medium Density Residential (MeDR) and Low Density Residential (LDR) to Mixed Use (MX) FUTURE AGENDA TrEMS: AJ Policy on City Commission Participation at Commission meetings via telephone (August 7, 2001) Application for funding from County DIP funds for 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DIP) and Seacrest Landscape Island Improvements (DIP) - August 7, 200! Approval of Community Development Block Giant (CDBG) FY 2001-02 Action Plan (August 7, 2001) 5 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION 3ULY 17, 2001 XI. Review of City Noise Regulations (August 2001) E. Project Team Reports (From 55 Strategic Initiatives): 1. 6.9 2. 1.2 Capital Improvement Program (August 21, 2001) Arts Commission Project (September 18, 2001) Proposed Interlocal Agreement for the acquisition of real property for park improvements (IVlorey's) between the City of Boynton Beach and Palm Beach County (Proposed Resolution No. R01-216) ('TABLED ON.IUI-Y3, 200.~.) Presentation by Allison Adler, Palm Beach County Safe Schools (September 4, 2001) DEVELOPMENT PLANS: NEW BUSINESS: A. Consideration of Revision to the Guidelines for Distribution of Community Investment Funds LEGAL: A, Ordinances - 2nd Reading - PUBI TC HEARING Proposed Ordinance No. 01-33 Re: Amending Chapter 23, Parking Lots, Article I, Section 3(A), adding a new exemption from parking requirements Proposed Ordinance No, 01-35 Re: Annexation of +4.036 acre parcel of land to be the site of a new elementary school (97-M) Proposed Ordinance N~ 01-36 Re: Land Use Amendment for a ±4.036 acre parc.ell.of land to reclassify from MR-5 (Palm Beach County designation) to Mo~lerate Density Residential (MoDR) Proposed Ordinance No. 01-37 Re: Rezoning of a ±4.036 acre parcel of land from AR (Palm Beach County district) to R-1 Single Family Residential (7.26 du/ac) CITY OF BOYNTON~EACH AGENDA REGULAR CITY COJ~ISSION 3ULY 17,.2001 ~oposed Ordinance No. 01-38 Re: Annexation of a :~18.03 acre property, which will be the site of a new elementary school ~l~roposed Ordinance No. 01-39 Re: Land Use Amendment a ±18.03 acre property to reclassify from MR-5 (Palm Beach County) Public Private Governmental/Institutional (PPGI) (TABLED PENDIIVG AiCA APPROVAL) proposed Ordinance No. 01-40 Re: Rezoning of a ±18.03 ~cre property from Agricultural Residential (Palm Beach County zoning ·strict) to Public Use (PU) (TABLED PEND.~IV~DCA APPROVAL.) proposed Ordinance No. 01-41 Re: Annexation of a 0.615 acre parcel located on the north side of West Boynton Beach Boulevard, west of Congress Avenue Proposed Ordinance No. 01-42 Re: Land Use Amendment ~br a 0.615 acre parcel from Agriculture (Palm Beach County ~lassification) to Local Retail Commercial proposed Ordinance No. 01-43 Re: Rezoning of a 0.615 acre parcel from High Intensity Commercial (CH8) (Palm Beach County zoning) to Community Commercial (C-3) ~- Ordh~ces - 1~ Reading Proposed Ordinance No. 01-44 Re: Rezoning of ±5.054 acres of property from R-3, Multiple-family Dwelling, to Planned Unit Development with a Land Use ]:ntensity of 7.0 (PUD LUI:7.0) Proposed Ordinance No, 01-45 Re: Amending the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, to allow cosmetology schools as conditional uses in the C-3 zoning district, and to add a definition for cosmetology and barber schools e Proposed Ordinance No. 01-46 Ordinance Re: Firefighters Buyback Proposed Ordinance No. 01-47 Re:' Amending Chapter 23 of the Land Development Regulations providing for separate parking lot standards for the Community'Redevelopment Area 7 C~TY OF BOYNTON BEACH AGENDA REGULAR CTrY COMMISSION 3ULY 17, 2001 XII. XIII. XI~. C. Resolutions: Proposed Resolution No. R01-222 Re: Designating a voting delegate to the Florida League of Cities 75~ Annual Conference D. Other: Proposed Resolution No. R01-223 Re: Approving amendment to Interlocai Reimbursement Agreement (R2000-1117) between the City of Boynton Beach and Palm Beach County, dated August 22, 2000, for Joe DeLong Boulevard Improvements to allow for an additional six month extension to complete the construction and finalize payments for these improvements UNFINISHED BUSINESS: OTHER AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE, HE, SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE`' WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILDLRY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM,, OR ACI'IVITY CONDUCTED BY THE CITY. PLEASE CONTACT IOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-POUR HOURS PRIOR TO THE PROGRAM OR ACTIVlTY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 7/13/2001 11:25 AM S:\CC\WP\CCAGENDA\AGENDAS\Year 200:1 \071701 final agenda.doc 8 ~/-ANNOUNCEIqENTS & PRESENTAT~'ONS ITEM A. 1 City of Boynton Beach Oceanfront Concert Series (FormerlY Known As "Tunes in Town" or "T.N.T." Concerts) 6:00 - 9:00 p.m. Boynton Beach OCeanfront Park A-l-A, Just North of Ocean Avenue The Oceanfront Concert Series Takes Place on the Third Friday of the Month, Eleven Months of the Year! (Enjoy the Boynton Beach G.A.L.A. in March) Get Your Family and Friends Together For a Fun-filled Friday Evening of FREE Live Entertainment at the Beach/ Bring Your Blanket or Lawn Chair for an Evening Full of Dancing, Socializing, Delicious Food and Cold Beverages (and a Special Beer Garden for Adults - ages 21 & Over)/. June 15th July 20th August 17th September 21st October 19th Battle of the Bands: "Orion", "The Trytones" and "Identity Crisis" (Teen Concert) Straight Shooter (Country) Heidi and The E! Cats (Acoustic Blues) Island Heat (Calypso/Soca) The Scharff Brothers Band (Pop/Rock) A City of Boynton Beach Recreation Department Special Event For MOre Information, Please Call the Special Events Office at 561-742-6222 ?V-ANNOUNCEMENTS & PRESENTATTONS [TEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit~ Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 2001 July 18, 200l (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 200l October 3, 2001 (5:00 p.m.) [] September4,2001 August22,2001 (5:00p.m.) [] November6,2001 NATURE OF AGENDA ITEM October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans -- ~--q-< [] Consent Agenda [] New Business [] Public Hearing [] Legal r-- [] Bids [] Unfm~shedBusiness [] Announcement [] Presentation ::~': ~- [] City Manager's Report r,o ~m RECOMMENDATION: Wally Majors, Recreation Director, and Linda Coyne, Volunteer & Silenf.-Auc~ Coordinator for the Concert on the Green, will present a donation of $500 in Publix gift certificates to The L~d's Place Boynton Beach Family Shelter. Shelter Director Laura Shumaker will be present to accept the donation. EXPLANATION: $1,000 was raised at the silent auction held during the "Concert on the Green" on May 19, and ½ of the proceeds are being donated to The Lord's Place Boynton Beach Family Shelter in the form of Publix gift certificates. The purpose of the silent auction was to raise fimds for a local charity, as well as to help offset costs of the event. All items sold were donated by local businesses and organizations. PROGRAM IMPACT: Community involvement through support of The Lord's Place Boynton Beach Family Shelter program. FISCAL IMPACT: N/A ALTERNATIVES: N/A Depart/en(~Head s ~'i'-gnature Recreation Department Name ~gnature City Attorney Finance / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September4, 2001 NATURE OF AGENDA ITEM RECOMMENDATION: ~V-ANNOUNCEMENTS & PRESENTATIONS ITEM A. 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Administrative , ,[--] Development Plans ~ c'~..-q. [] Consent Agenda [] New Business c_. [] Public Hearing [] Legal r-- [] Bids , ,r'-I Unfinished Business [] Announcement [] Presemation ~ ~:~-~ [] City Manager's Report EXPLANATION: On June 25, 2001 the Boynton Beach Police Department's 10 year old and under Police Athletic League basketball team competed in the 2001 National PAL Basketball Tournament in Atlantic City, New Jersey. There were over 70 teams through out the nation participating. Boynton Beach Police Departments PAL team placed 1~ in their region and 2na over all in the State to advance to the national tournament in New Jersey. Our PAL team placed 3rd over all nationally. Team members: Josh Kelly, Bernard Carter, Brandon Davis, LeVon Floyd, DeRon (De) Foster, Demetrius Green, Brandon Houston, Isaiah Howard, Jeremy Norfus, Antishia Wright, Barkevious "Keke" Mingo. Coaches: Head Coach Dave Riggleman, Asst. Coaches, Verryl Floyd and Bernard C, Green. Director of PAL, PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Police Department Name SflJ~ULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC .... City Manager's Signature City Attorney / Finance / Human Resources Requested City Commission Meeting Dates [] luly 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM B-2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] September 19, 2001 September.S, 2001 (5.'0(~0 p.m.qk~_.~ [] October 2, 2001 September 20, 2001 (~ p. ,m~, ~ October 16, 2001 October3, 2001 (5:~.) ~ November 6, 2001 October 17, 2001 (5:0~.) A~s~afive ~ Developmem PI~ Consem Agen~ ~ New Bus.ess Public He~g ~ Legal Bi& ~ U~shed B~hess A~o~cemem ~ ~esentafion CiW Mamger's Repo~ RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR PURCHASE 'OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #067-1412-01/KR, to various vendors on a "lot-by-lot" basis with an estimated annual expenditure of $ 20~000.00. CONTRACT PERIOD: JULY 18, 2001 TO JULY 17, 2002 EXPLANATION: On June 12, 2001, Procurement Services received eight (8) bids which were computer tabulated on June 13, 2001. After a careful review, we recommend an award be made to various vendors on a "lot-by-lot" basis. The factors used in determining the award were: 1.) Price; 2.) Brand name; and 3.) Vendor minimum shipping requirements. All recommended vendors are considered to be the most responsive, responsible bidders who meet all specifications. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached Memo). PROG .R~. IMPACT: The purpose of this bid is to establish prices for various Warehouse stocked items. These items include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used throughout the City. Items will be ordered on an "as needed" basis. FISCAL IMPACT: BUDGET ACCOUNT NUMBER WAREHOUSE STOCK 502-0000-141-01-00 Department Head's Signature Procurement Services Department Name ESTIMATED ANNUAL EXPENDITURE $ 20'0fl/~C~~nlre City Attorney / Finance / Human Resources cc: Dominic DeMauro, Warehouse Manager · File S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Finance Director Dominic DeMauro, Warehouse Manager June t9, 2001 ~ Street Signs and Accessories Bid #067-1412-01/KR I have reviewed the tabulation sheets and proposals from your office. I used the following factors in determining this award: A) price B) brand name C) vendor minimum shipping~ requirements. I recommend a multi award on a "lot by lot" basis to the lowest most responsive bidder. ALUMINIUM BLANK SIGNS Rocal Inc 1,2,3,4,7,8 Municipal Supply 5,6,12 Vulcan Sign 9,10,11 Pre-Printed Sign Facia Rocal 13,14,15,16 Pre- Made Metal Sign Rocal 17,18 Rolled Facia 24x 50 Rocal !9,20,21,22,23,25,26 Newman Signs 24 Post Brackets And Bolts Universal Sign 27,28 Whitco Sign 29,30,31,32,33,34,35,36 Non Reflective Vinyl Graphic Designs 37,38,39,40,41,42,43,44,45,46,47,48 Ribbons No Bid 49,50,51,52,53,54 The following vendors_are ,alSo offering these discounts for items not liSted on this bid. Baron Sign 5% Municipal Supply 20% Graphic Design 10% Universal Sign 25% :~00 mm I'll o O0 ZZ >m 0 ITl rn Z WHITCO ~ r ~G~PHIC I I mm -r m 0 Z I"11 Z ~ ~ m ~ mm~ zZzz m z! z ~z z zzz'zzzzzzzz ~, ~ ap ~ a ooo~ ~ B' OO~OOOOOOO~O mm zz m Z mm zz ~.E> .~ Z Ill ~-0m ~ o o m m ~ m ~ ~ ~ ~i~ ~ m ~ ~ ~ z z ~ ~ ~ ~ ~ ~ -- o ~ ~ ~ X X ~: v ~- ~ Z ~ ~ 0z~ ~ ~&~m I m~o~z i ' o~om j ~~' Z Z z Z zJz Z Z z Z Z ~ Z Z Z z ~ ~ ~ Z Z~ ~ m ~ ~ 0 0oooo0o00oo~ ~lO00oo~ ~ ~0o ~ ~m m m m m m mlm m m m m ml~I~ ~ mlm ~ ~ ~ ~ m m ~ ~ ~ ~ ~ !, "~o~ 0 EO cO cc ' ~ 0 E m : 0 m ~ ;~ z O~ ~ O~ 0 m m i : , . zzz~l~ ~, ', t~ i i :I ~ ~ I : ~ >~~ Z I ~ > ~ 0 ~z ~ = X -- o !om< , ,I E ~ ~zz : ,, I ~ O: = O00iC OjllO~ 5 = i : ~ z z z z!= =I~E ,~ ' I 0 ~ ~ i ~lI ~ i ,I ~ ~ ~ r' :11 ~ I I~ I~ ~ II I ~ ~ ~l ~ ~ ~ Z ~ m 0 z Z z z; Z,l~ ~ ~ ~ ~ ~- ooo ,1~ ~ Iii , Iri,~ I Z m m :;;0 Z Z ~m~ 0 cO cO = cc -- 0 0 > m ~ Z 0 ~Z m 0 ~ o --~ oZ ZI iB~ OZ 0 0 ~ Z ZZZZZ Z ~ < u o~ ~ m m ~ o 0 ~000~0, om m m> m ~ ~ 0 ~ Oi ~ ~z 0 Z m Requested City Commission Meeting Dates [] July 17, 2001 August 7, 2001 [] August 21,2001 [] September 4, 2001 V-CONSENT AGENDA ITEM B-3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] i October 16, 2001 [] November 6, 2001 Date Fina, ~orm Must be Turned in to Cit~ Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Date Final Form Mu~/~ in to City Clerk'g ~)ffice ~; September 5, 2001 (5:00~p.m.y September 20, 2001 (5' .4~..m.~r~ October 3, 2001 (5:00 p,~) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS", Bid #061-2821-01/KR, to OK Generator, in the amount of $ 63,642.00 for two (2) generator sets ($ 31,821.00 each). EXPLANATION: On April 26, 2001, Procurement Services received and opened ten (10) proposals for the purchase of two (2), 80 kW generator sets. After a careful evaluation, it has been determined that OK Generators of Deerfield Beach, Florida, is the most responsive, responsible bidder who meets all specifications. OK Generators was not the lowest bidder; however, they submitted the only proposal within the four lowest bids to meet the 80 kW specification required by the Utility Department. OK Generators has sUPplied equipment to the City satisfactorily in the past. John Guidry, Utility Director, concurs with this recommendation (see attached Memo #01-152). PROGRAM IMPACT: The purpose of this bid is to obtain firm prices for generators to be used for remote power in case of emergency during power outages. These generators will be used at various lift stations. FISCAL IMPACT: BUDGET ACCOUNT/NAME General Equipment 401-2816-536-64-02 Depathnent Head's Signature Procurement Services Department Name EXPENDITURE $ 63,6~~ · C~flglana~er's S~gnamre City Attorney / Finance / Human Resources cc: John Guicky, Utility Director Mark Law, Deputy Utility Director Tony Lombardi, Utility Supervisor Barb Conboy, Administrative Coordinator S:x, BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC File MEMORANDUM i Utilities #01-152 TO: FROM: DATE: Bill Atldns, Procurement_ Services Utilities Director June 28, 2001 SUBJECT: Agenda Item - Two (2) 80 kW Mobile Generator Sets Bid #061-2821-01/KR The Utilities Department is requesting approval for the purchase of two (2) 80Kw portable generators. Bids were opened on April 26, 2001, and reviewed by the Utility Department. We are recommending Bid #061-2821-01/KR is awarded to OK Generators of Deerfield Beach, FL. OK Generators was not the lowest bid but has offered the closest match to meet the City's specification set out in this bid. The Utilities Department has a good history with the equipment supplied by OK Generators. They are an approved Onan distributor and the three lowest bids offer an alternative to Onan Generators. They are as follows: AAA Generator & Pump, Inc. - Generac Power Systems- Unit Price $29,488.00 Zabatt Inc. - Generac Power Systems - Unit Price $29,900.00 Discount Rental Sale & Serv.ice - Ingersoll Rand -Unit Price $28,145.24 AAA Generator and Zabatt offer a 57.84 kW generator. The generator unit is derated 2.77% for every,degree over 110'. This &rates their generator 27.7% over 10' for the specified 120'. The generators offered by AAA Generator and Zabatt, therefore, are 57.84KW. Ingersoll Rand offer a 72KW generator. It is our opinion that the alternative equipment does not meet the bid specifications. Utilities is recommending purchase two (2) new and unused 80 kW mobile generator sets from OK Generators. Each generator is $31,821.00 for a total of $63,642.00. Funds are available for this amount in account #401-2816-536-64.02. Please present for Commission approval. If additional information is needed, please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Date Final Form Must in to City Clerk's Of~ce September 5, 2001 (5:00~.) September 20, 2001 (5:0ff, p~, .) October 3, 2001 (5:00 p.~ October 17, 200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "RE-BID for the ANNUAL SUPPLY FRONT LOAD CONTAINERS", Bid #065-2510-01/CJD, to Truck Max, Inc. for an expenditure of $ 20,000.00. -~ OF' PLASTIC estimated annual EXPLANATION: On May 22, 2001, Procurement Services received and opened four (4) proposals for the annual supply of front load containers. All proposals were reviewed and it was determined that Truck Max, Inc. of Miami, Florida is the lowest, most responsive, responsible bidder who meets aH specifications. Jeffrey Livergood, Public Works Director and Larry Quinn, Solid Waste Manager, concur with this recommendation (see attached Memo #01- 060). PROGRAM IMPACT: The City's intent is to establish an annual fixed price for the purchase of plaStic containers to be used throughout the City of Boynton Beach for commercial/multi-residential accounts for the use of refuse collection. FISCAL IMPACT: BUDGET ACCOUNT/NAME Solid Waste Services/Dumpsters 431-2515-534-662.19 Department Head's Signature Procurement Services Department Name ESTIMATED ANNUAL EXPENDITURE $ 20'0,~_~gnamre City Attorney / Finance / Human Resources cc: JeffLivergood, Public Works Director Larry Quinn, Solid Waste Manager File S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT Memorandum No. 01-060 CEIVED .~,JUL 5 PURCHASi Bill Atkins, Deputy Finance Director PROCUREMENT ChriStine Roberts, Assistant P.W. Director for Jeffrey Livergood, Public Works Director Larry Quinn, Solid Waste Manager July 2, 2001 Re-bid/Annual Supply of Plastic Front Load Containers - Bid Award Bid g065-2510-01/CJD 2001 I have reviewed the bid tabulation sheets for the Plastic Front Load Containers. that the bid be awarded to TRUCK MAX, INC. as the lowest responsible bidder. Funding is available in our Dumpster Account #431-2515-534-62.19. Please contact my office if you have any questions. I recomme'nl~ LQ/pl Attachment (Tab Sheet) Z ~3 r-' rn c: rn c: O ~ z rn ITl --I rn --I · ITl rn Z "0 Z "0 ~ o rn (/> ITl ITl (/) O IT1 .m z ~ OI O ~ O (:2 (:2 Z z · 'o o o .. ~-Iz: ~mz o o~ ~ ~ ~ z z -r o3 O O -< o ~i~ oo oo o~ _m _0° ~ >mm o o~ --4 :< -- o _ o :.<:< rn?~rn~ ~ 0 d 0 ~ z 5' 000 0 z m ~ ,~ z -- Z ~ 0 ~ ~Z m~ 0 m~ z o~ 0 _ m m 0 m m m · Om -- - m zZ z ~ ~ ° m m> ~ _~ m o ~ zo ~ ~ Z ~ m z z ~b~ Z Z~' o ~ -.~m~>~ m ~ O~>x~ ~ ~ >~z~: §~ z z z · ~ m 0 ~o o o o z o z m~ z o ~ P o Om ~ ~ m~m~ ~ ~ Z~ mm z~ o < ~> < ~o-- · z ~ ~mo .~.00 ZZ zz 0 0 ..~ Z Z C: 0 0 Z -~,-I 0 0 Z m m '< :'( '< '< z m ~ m ~ 0 N 0 m ~ m ~ m m ID m 0 0 0 ~ 0 cz cz ~z : , c z z z ~ .z. '~ ~ z o~I~- c~ c~ z ~" r.o o~ z .~.00 ZZ ZZ Z z Z C:: 0 ~ o _=: Requested City Commission Meeting Dates V-CONSENT AGENDA ? ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] July 17,2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.n~) [] August 7, 2001 July 18, 2001 (5:00 p.rr~) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21,200l August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September4, 2001 NATURE OF AGENDA ITEM August 22, 200t (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] November 6, 2001 October 17,2001 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Announcement [] Presentation ~ ~ ~ ["'l City Manager's Report -~ ~ RECOMMENDATION: MOTION to approve the "piggy-back" of STATE OF FLORIDA, CONTRACT #600-3~0:-~1- 1 to PITNEY BOWES for the TttREE (3) YEAR LEASE OF APB DF360 DIGITAL COPIER at $4,524 annually (lease period would amount to $13,572) EXPLANATION: Procurement Services Division received~ a request from Utilities Deparmaent to lease a digital copier utilizing State of Florida, Contract #600-340-01-1 awarded to Pitney Bowes. -~Jfilifies Department had been leasing a Xerox DC220 digital copier at a monthlY cost of $716 whi'gh expired on June 30, 200i. The deparlment worked with various State Contract vendors to select a replacement digital copier. In this process attempts were made wath Xerox to demonstrate a digital replacement copier with no success. Utilities Department felt the Pitney Bowes digital copier ~ould best meet the needs of the department. The monthly rental on the digital copier is $377 which is inclusive of all supplies and maintenance except paper. The change to a Pitney Bowes digital cop~er wall provide an annual savmgs of $4,068 m cop~er costs. Procurement Services recommends Commission's review, evaluation and approval. PROGRAM IMPACT: The replacement of the digital copier will provide the needed equipment to maintain operational flow within the depadx~ent. FISCAL IMPACT: Funding is available in the budget as follows: Account Description Account Number Copy Machine Rental 401-2821-536-44-31 Deputy Director of Financial Services Anaount City Manager's Signature Procurement Services Departmem Name City Attorney / Finance / Human Resources cc: John Guidry - Utilities File S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES #01-156 TO: FROM: Bill Atkins Procurement Services John Guidry '~ ~/ Utilities Director~. "JUL · ~q~Ol PURCHASING DATE: July 2, 2001 SUBJECT: Utilize State Contract #600-340-01-1 3 year lease Digital Copier Agenda Item The Utilities Department is requesting to utilize the Florida State Contract #600-340,01-1 for a 3,year lease of a digital copier. Currently the department has a Xerox DC 220 on a lease that expired on June 30, 2001. The expense per month was $716.00. We do not wish to keep this machine. Beginning in March 2001, the Utilities Department contacted various vendors on the Florida State Contract to try various machines. The Department tried a Minolta and Pitney Bowes machine. We made several attempts to have Xerox demonstrate a machine with no success. The Department felt the Pitney Bowes copier best served the needs of the Utilities Administration Division. The cost for this machine is $377.00 per month inclusive of all supplies except paper. The three year total expenditure would be $13,572.00 or $4,524.00 annually. Please place this request for a 3-year lease of a PB DF360 digital copier on the next available commission agenda. CC: Dale Sugerman Georganne Barden Barb Conboy REQUEST FOR REQUISITION -~T.E. ENTRYDATE: ' 2-11-01 I-LT.E. REQUISITION # 16027 Clerk: Procurement Ass't: Director: CitY Manager (non budgeted capital and/or $5000 ): REASON FOR PURCHASE: Lease Pitney Bowes Digital Copier to replace Xerox DC 220 expires 6-30-01 State Contract 600-340-01-1 VENDOR INFORMATION: DMsIoN: OTHER INFORMATION: Name: Pimey-Bowes Admin. ( x ) Date: 6-11-01 ASAP ( ) Address: 2700 W. Cypress Creek Road Construction ( ) Date Needed: BLANKET Confirm. - r. ( ) Ft. Lauderd~le, FL 33309 Cust. Rel. ( ) ASAP/Conf. ( ) Suite D 108 Dislxibufion ( ) BACKUP DOCS. DELIVERY: ...... SUBMITTED: /hone (contact): Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( x ) r~ (over $50~0) 954_969.2515 'Pumping ( ) Quotes/Wale[ch ( ) E. WTP 41 ( ) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. (x) W. WT~' 42 ( ) · PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Sewage ( ) Insurance ( ) Special Instructions: Requirements: 'APPROVED: Strmwtr. ( ) Project Number: Quart Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 3 4-74:qff Monthly lease and maintenance ~ 401 2821 536 44 31 4,424.~-0 ~d"/7. '~ z~fs0, Digital Copier DF3(~O ./;/3l oa U:\conboyuserdata\wordata\wordfile~requisition blank.doc 600-340-01-1 = Copying Equipment, Multifunction and Specialty Application Devices Page 1 of 1 Copying qmpme t, Multifunctional-and Specialty Application Devices 600-340-01-1 Effective: 12/1/00 through 11/30/02 Certification Special Conditions Specifications Price Sheet Ordering Instructions Complete Contract Contractom Business Equipment Solutions, Corporation Canon, USA IKON Konica Lanier Minolta http://bpg.minoltausa.com/statecontracts/FL.htm Muratec Pitney Bowes Savin Sharp Xerox http://idsdocushare2.xids.com/View/Collection-275 www.business-eq-solutions.com www.usa, canon.com/gmd http://ikomsfl.conffgov www.konicabt.com www.lanier, com/floridapricing www.muratec.com www.pitneybowes.com www.flstate.savin.com www.sharp-usa.com http://fcn.state.fl.us/st_contracts/600340011 / 6/11/2001 JUN 25 2001 09:35 FR PB OFFICE SYSTEMS Model DF360 Oigital Fax/Copier/Prin[er TO 156174262~ Standard Configuration Type !, Class 6 DF360 . Base Unit with Fax and Auto Two-Sided DLS2 9FM1 9608 9612 96t7 9681 96T2 9TI0 Starter Kit 16MB Memory Upgrade (to 32MB) Reverse Auto Document Feeder 2-Bin Rnlsher with 3-hole punch Stand with.3rd Adjustable Paper Drawer PCL/PS2 Pnnter COntroller 10Base T/2NetwOrk Interface Card or .10/10O Base T Network. Interface Card Service* Copy Overage Allowance $1,57 15,000 0088 Purchase: 87620 per per month* 'month 15,000 .0O88 Z-Year Lease: 8473 per month' 3er ~er ~onth ' 15,000 OO88 3-Year Lease: 8877 per month* )er -~ 3er month :0PY * Service includes all supplies except paper, even staples (90 day warranty wtth purchase). For questions or additional information, please contact: Robin Seymour NatiOnal Account Manaqer/' Phone; 1-800-447-5291 v Fax: (813) 969-0897 E-Mail: seymou ro_@Q.l~.._cam P, 85/85 - r Copyright 2d01, 2X~l, 1999.1~95 Pitney Bowe~ Ino, All flght~ reserved, Lad modified MOrXffay. Fel:~uory, http:l/www,pb, com/sfates/floridaiProductslPri~ng_Llst_l /pricingJist_copy_l .html 3/13/01 ** TOTRL PRGE. 05 ** JUN 25 2881 89:34 FR PB OFFICE SYSTEMS 954 969 9817 TO 15617426298 STAT.E OF FLORIDA GOVERNMENT PAGE Contract Number; 600-7(:0-00-1 (Effective 1/1/00) Oene ral I~f0_ ;About Pi~?e¥ Bowes Products Su_pp. ties Fina;l¢leJ_Seryiees ,PB Guarantee Dig The DF360 Is simply the most efficient way ,o handle your high.volume .fax, c..opter and printing needs. Send, recetve or print rehoblY and quickly with this iow- . maintenance highly versatile W°rk~.o ..r~. Robust taxing capabilities, netwo..d<-_reody !°ser pdnt~ng and copying In one compoot mutfifunctlonol package. P.02/05 Copier/Printer Features · 35 coPies per minute, at 600 dpI · Dual beam laser imaging system -- · Scan once, print many technology o Modular design, small foot print · Enhanced finishing/document handling capabilities · Electronic sorting · Reversing Automatic Document Feeder with SADF support · 28 - 400% zoom enlargement and reduction in, 1% increments: 9 zoom presets , Micro ~Toning High Grade technology provides 600 dpi scanning with 256 halftone gradations · Up to 600 dpl:network printirlg · Separate Printer memory; 16 MB standard, 72 MB maximum , Optional 2;5 GB hard dlsk drive for printing · 3 Optional Network Interface Cards' · Fiery Print Controller supporting PCL5e and PostScript 2 · Standard 2-bin Finisher with stapler (up to 543 sheets) and 3-hole punch standard (2-hole optional) · Optional Job Tray to separate copy from network print oLrfput · 750 sheet standard capacity ( 500- and 250 sheet drawers) · 2,500 sheet Large Capacity Cabinet JUN ~ 2001 09:35 ER PB OFFICE SYSTEMS ~ ~¥954,.9G~ 9819 TO 1561742G298 · Mo~'~:~o~F ~baci~ of 3;7 ~ sheets .. ' ' Standard Duplex Unit 16 MB standard memory capacity, upgradeable to 64 MB · Copy Management supporting up to 1,000 accounts P. 03/05 Fax Features · Super high-meed 33.6 Kbps transmission with ITU- TMH/MR/MMR/JBIG Compression · Optional second $3;6 Kbps modem ' ' . User-fnend y LCD touch screen , Dial while scan; dual ac..ce, ss · i55 second per page qu~ck scan · Up to 500 speed dials · 300 one-touch dials . Broadcasting: 210 destinations; relay/sequential · Ti?er Transmlssian (up to ~ documents) · H~gh volume memorY options, up to 2000 pages (64MB) front-loading paper drawers (3,7,50 sheet · jF Code Support F Code password support , Relay GrouPs - 5 groups/~ numbers each , '~F. xtem[ve Fax Management reporting · 600 dpt printer output · Remote diagnosis/repair · ENERGY STAR compliant Click rhere lo View D~tcli SpeCS for ibis product For questions or addihonal Informafio, please contact: Robin SeymoUr National Account Manager Fax: (,813) 969-0897 E-Mail'. seymouro@_D__D.com JUN 2~ 200i 09:35 FR PB OFFICE SYSTEMS 954 9G9 9817 TO DL360:'$PECIFI~ATIONS' '" ": phMz~gndu~ OPC Drum Fluate~ent Lamp Ima~G S~tem g~l p~ra~lc w~u~ T~ ~ Ou~ Fusl~ ~mp H~t~ R~ler Fi~ G~ T~e 4,7 M~-~ 8~e~ ~ GPM ps~t W~ht lS to 29 L~. - One ADF gpee~( C, all~adlY Paper Weight INpuT' FEATU._RBS Free Original Pla~emeN Job ReaoveT ~ag~ deb Meme~ (t01 St, an Once, ~,l~t Many aocuME~rr ,T,Roua,~ux_ Papal' F~d: 25 OPM~0 Shee~ 14'~ 22 Lba, - One Sided/ 11 ~ 22 Lbs. -SADF Memmy RecaU S~pnrata ~ Small Original Detecti~n 8pB~ml Pa~er MOde U~ TrW E~rgy ~ Inl~ M~ Job U~ T~ ~e T~ ~e ~,~n~e~ (1~ ~u~) EI~ ~t~ ~un~ 0uplex Pap~ SIZe M~um ~mum Tr~s~e~be~a P~erW~ht 0u~ Pa~ W Thmughp~ Featur~ ~ Pa~ ~r 8w~M~ Pa~ T~up En~ Fe~u~ Um~ Key ~inia~ M~e User Clem Key DOOUM - OUTPUT Twa Bin Fin!eher Oettam Tta? Ne(e: Ail apaKlflcatkm~ eubject to ehenge without ncrb~e. 15G1742G298 ~a~ Punch dab Tray Peper CRDad~ TopTmY B~m Troy ~er ~e P~a Cu~m ~ O~DNAL F~ F~TUR~ ~m~ T~m~ S~ P.04/O5 ) to 150,000 Coples ~-~ 50~, ~, 75%, 79%. o2% :26 ~ ,~00~ in 0.1% Im:~eme~ Minimal; 84 MB Printer Memmy 10 Base T/2 Netwe~ Interface 1 Or100 lhsa T Nek~a~k lnterfaee T~,efl ~ Nelw~k IntmfaDa 1 tO 999 (CeuntlrKJ Down) VAM$ (Value Added Matntena~ee System) - Oentlnueua Preventative Maintenance program JUN 13 2001 10:57 FR PS OFFICE SYSTEMS 954 969 9817 P.02×03 OFFICE SYSTEMS DMSION JUN 13 ~_~1 10:57 FR PB O;FICE SYSTEMS 954 969 9817 TO 15617426298 ~)~0 iii Yes Requested Cffy Commission Meeting Dates [] July 17,2001 [] August 7. 2001 [] August21, 2001 [] S~ptember4, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 200l (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 Date Final Form Must be Turned in to City Clerk's Office [] October 2, 2001 September 5, 2001 (5:00 p.m.) [] October 16.2001 September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report November 6, 2001 October 17, 2001 [] Development Plans [] New Business Legal Un~ished Bus.ess Presentation RECOMMENDATION: Recommend approval of resolution reducing the Excavation & Fill surety for Lowe's of Boynton Beach fi.om $110,000 to $5,500. __ EXPLANATION: Please reference the attached Engineering Memorandum, No. 01-101, recommending this reduction based on work completed to date. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Quintus ~nt Director Department of Development Department Name ~Signamre /;- ' Cit~.Atton~ / ~:/h~nce / Human Resources S:\BULLETIN\FORMSLa~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AUTHORIZING SURETY PO FOR '$5. BOYNTON BEACH, 'FLORIDA, A REDUCTION IN THE CASH BOYNTON BEACH I0,000 TO DATE. WltEREAS, the developer of this parcel, previously posted a Cash Bond in the tmount of $110,000 as surety to guarantee an excavation/fill project FOR Lowe's of Boynton Beach (Permit No. 00-2298); and WHEREAS, a final inspection has been conducted on this project and it has been determined by staff that the sum of $5,500 should be held; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: - ~:. Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendationof staff, hereby approves a reduction in the Cash Surety posted by Lowe's of Boynton Beach for excavation/fill from $110,000 TO $5,500. Section 2. That this Resolution shall become effective immediately upon passage PASSED AND ADOPTED this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:ca'tReso'ffCetter of Credit- Reduction of Cash Surety- Loew's - Excavation/Fill DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-101 TO: FROM: Quintus Greene Director of Development Laurinda-Logan, P.E. Civil Engineer DATE: RE: June 13,2001 Excavation and Fill Cash~/~ety Lowe's of Boynton Beach Excavation & Fill Permit No. 00-2298 (Check No. 0001618, $110,000.00) Utility System Permit No. 00-1990 (Check No. 1689, $278,904.00) Lowe's of Boynton Beach The law finn for the above noted project, Levy, Kneen, Mariani, Curtin, Kornfeld & Del Russo, P.A., has requested a reduction in surety in connection with completion of Excavation & Fill work and installa[on of Utility Systems. The Engineering and Utility Departments are satisfied that the work has been completed in substantial conformance with the provisions of the noted permit. This Department recommends a 95% reduction in the Excavation & Fill Surety amount, in accordance with Chapter 7, Section 2.C, Land Development Regulations, City o~LBoynton Beach Code of Ordinances, for the above noted project. The original surety for Excavation & Fill is in the amount of $110,000.00, therefore the reduction in surety would be in the amount of $104,500.00. The original surety for Utility System is in the amount of $278,904.00 and the reduction in surety would be in the amount of $264,958.58. If you have any questions regarding this matter, please contact me at x6482 or Dave Kelley, P.E., Utility Engineer at x6488. Kc: Pete Mazzella, Asst. to the Director, Utility Department Dave Kelley, P.E., Utility Engineer, Engineering Department File C:LMy DocumentsX, Lowe's of Boynton Beach - Req. for Surety Reduction.doc ;'L£ANOR ~. LEv-r, F_XEE~, l~f~z~,rZ, CURTZ~, KO~r~ELD & DE]: RUsso DROFESGIONA~ ASSOCIATION COUNSELORS AT LAW TELEPHONE (561) 478-4700 17 May 2001 Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Post Office Box 310 Boynton Beach, Florida 33425 Re: Lowe's of Boynton Beach Our File No. 5662.003 Dear Mike: As you know, in connection with the construction of the building, Lowe's was obligated to deliver two (2) cash performance bonds. One was for a Fill and Excavation Permit (No. 0000002298) in the amount of $110,000. The second was for the construction of the on-site utility, systems in the amount of '$278,904. The work which these funds guaranteed has obviously been completed. This correspondence shall serve as a formal req~i~st that the funds be returned [o Lowe's as quickly as 'possible. I would appreciate if you would give me a call to let me know if there is anything additional you require outside of this correspondence to secure a release of those funds. I look forward to hearing from you shortly. I hope you are enjoying shopping at Lowe's. Thank you. Sincerely vours. ~ EBH/blr CC: Creech Engineering (via e-mail) Wayne Harris, Esq. (via facsimile) H. IRWIN LEVY F: % Da ca ~ ELL £E% £OWES% SOYNTON% Rump f-!. 05! 70I. =oc V-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission M eetinLz Dates Date Final Form Must be Turned in to City Clerk's Office [] luly 17, 2001 July 5, 2001 (5 00 p.m.) [] September 19. 2001 September 5,2001 (5:00 p.m.) [] August 7. 2001 July 18. 2001 (5:00 p.m.) [] October 2, 2001 September 20. 2001 (5:00 p.m3 [] August 21, 2001 AugusiS. 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 NATURE OF AGENDA ITEM August 22, 2001 (5:00 p.m.) [] November 6, 2001 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report October 17, 2001 (5:00 p.m.) RECOMMENDATION: Recommend approval of resolution reducing the Utility System surety for Lowe's of Boynton Beach from $278,904.00 m $13,945.42. -~ EXPLANATION: Please reference the attached Engineering Memorandum, No. 01-101, recommending this reduction based on work completed to date. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: e,~)eve~[opment Dtrector QuinmsL. ~ ' ' Department of Development Department Name C~~ ~ Signature City Attor~.~/~[uance / Human Resources S:\BULLETINkFORMSX, AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THE CASH SURETY POSTED BY BOYNTON BEACH FOR INSTALLATION TO $13,945,42; ~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously posted a Cash Bond in the amount of $278,904 as surety to guarantee a installation of utilities for Lowe's of Boynton Beach (Permit No. 00-1990); and WHEREAS, a final inspection has been conducted on this project and it has been determined by staff that the sum of $13,945.42 should be held; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION - ~ DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction in the Cash Surety posted by Lowe's of Boynton B each for excavation/fill from $278,904 TO $13,945.42. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk DEPARTMENT OF ENGINEERING MEMORANDUM NO, 01-101 TO: FROM: Quintus Greene Director of Development Laurinda-Logan, P.E. Civil Engineer DATE: RE: June 13, 2001 ~ Excavation and Fill CaSh-'~ety Lowe's of Boynton Beach Excavation & Fill Permit No. 00-2298 (Check No. 0001618, $110,000.00) Utility System Permit No. 00-1990 (Check No. 1689, $278,904.00) Lowe's of Boynton Beach The law firm for the above noted project, Levy, Kneen, Mariani, Curtin, Komfeld & Del Russo, P.A., has requested a reduction in surety in connection with completion of Excavation & Fill work and install-alTon of Utility Systems. The Engineering and Utility Departments are satisfied that the work has been completed in substantial conformance with the provisions of the noted permit. This Department recommends a 95% reduction in the Excavation & Fill Surety amount, in accordance with Chapter 7, Section 2.C, Land Development Regulations, City o.f_Boynton Beach Code of Ordinances, for the above noted project. The original surety for Excavation & Fill is in the amount of$110,000.00, therefore the reduction in surety would be in the amount of $104,500.00. The original surety for Utility System is in the amount of $278,904.00 and the reduction in surety would be in the amount of $264,958.58. If you have any questions regarding this matter, please contact me at x6482 or Dave Kelley, P.E., Utility Engineer at x6;488. Xc.' Pete Mazzella, Asst. to the Director, Utility Department Dave Kelley, P.E., Utility Engineer, Engineering Department File C:kMy Documents\Lowe's of Boynton Beach - Req. for Surety Reduction.doc ELEANOR ~, I-IALPERIN WRITER'S OIRECT DIAL NO,: Lmv ,, Eavw_w.x, ~LLRIA_,~I, CURTIN, KORNFELD & DEL RUSSO COUNGELORS AT L~W YELEPHONE (~I) 4V~-~700 FAX N~. {561) 478-5811 17 May 2001 H. IRWIN LEVY RETIRED Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Post Office Box 310 Boynton Beach, Florida 33425 Re: Lowe's of Boynton Beach Our File No. 5662.003 Dear Mike: As you know, in connection with the construction of the building, Lowe's was obligated to deliver two (2) cash performance bonds. One was for a Fill and Excavation Permit (No. 0000002298) in the amount of $110,000. The second was for the construction of the on-site utility systems in the amount of $278,904. The work which these funds guaranteed has obviously been completed. This correspondence shall serve as a formal reque'st that the funds be returned to Lowe's as quickly as 'possible. I would appreciate if you would give me a call to let me know if.there is anything additional you require outside of this correspondence to secure a release of those funds. I look forward to hearing from you shortly. I hope you are enjoying shopping at Lowe's. Thank you. Sincerely vours. /~ EBH/blr CC: Creech Engineering (via e-mail) Wayne Harris, Esq. (via facsimile) F: \ Ua Ca \ £~. ~, £E\ £CWE$ ~ BOYNTON~ Rumpf -! . 05 ~ 70 ~ , dcc Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates V-CONSENT AGENDA ITEM C.3. Date Final Fo~ Must be Tum~ ~-~ in to CiW Clerk's Office ~ ~ July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and execute by Resolution Change Order No. 1 in the amount of $11,804.00 to Widell, Inc. for the installation of one (1) owner furnished dry pit submersible pump at Lift Station 317, and Change Order #2, modification to Lift Station 319, discharge header pipe in the amount of $4,332.00° EXPLANATION: The work performed by Widell, Inc. is in addition to current Bid #094-2821-00/CJD, 316, 317, 319 and 356, Master Lift Station Rehabilitation. Lift Station 317 experienced a pump failure and t-'he Utilities Department has purchased a new 75 hp Flygt pump from Ellis K. Phelps to be installed by the contractor. During design stage of Lift Station 319, modifications to the discharge header pipe was not anticipated but will be required. The work w. ill consist of reinstalling portions of the existing header pipe at Lift Station 319 to accommodate the new configuration. The original record drawing of approximately 20 Years ago did not accurately show the discharge header pipe of Lift Station 319. That information was used by the consultant, CH2M Hill, for the current rehabilitation. PROGRAM IMPACT: There is no program impact, work will proceed as normal and no anticipated delays as a result to Change Order gl or Change Order #2. FISCAL IMPACT: Cha~nge Order gl, emergency replacement of one (1) 75 hp pump and parts is $11,804.00. Change Order #2, Modifications to Lift Station 319 discharge header pipe and parts, is $4¢132.00. Total cost of Change Order gl and Change Order #2 is $16,136.00. This brings the new revised total to the original contract amount to $1,563,136. Funding is available in account #407-5D00-590-96.04, SWR080. ' ALTE~RNATIV~F~:~f we continue to operate the stations in their current condition, we~tisk future mechanical problems that may reset in~an.~.~, mental hazard or property damage. - Department Head's Signature ' ~}t3; l~l~{ager's-Signature Utilities Department Name o// City Atto~ ~'l~nar~ce / Human Resources Xc: Dale Sugerman Tony Lombardi Mark Law Barb Conboy SSBULLETIN'fl:ORMSX~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDERS NO. 1 AND NO. 2 BETWEEN AND WIDELL 16,1 REPLACEMENT FOR EXISTING PIPES FOR MASTER LIFT STATION NO. 317 AND 319; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the work performed by Widell, Inc., is in addition to current Bid No. 094-2821-00.CJD, 315, 317, 319 and 356, Master Lift Station Rehabilitation; and WItEREAS, Lift Station 317 experienced a pump failure and the Utilities Department purchased a new 75 hp Flygt pump to be installed by the Contractor; and WHEREAS, During the design stage of Lift Station 319, modifications to the [ischarge header pipe were not anticipated, but will be required; NOW, THEREFORE, BE IT PJgSOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Change Orders No. 1 and 2 with Widell, Inc., totaling $16,136 for emergency services related to Master Lift Station 317 and 319, which Change Orders are attached hereto and made a part hereof. Section 2. )assage. PASSED AND ADOPTED this This Resolution shall become effective immediately upon __ day of July, 2001. ATTEST: City Clerk ca~resoXagreera~ts\Consultant - Task Order 01-03 Metcalf & Eddy - l.,it~ Sta 309 CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner Commissioner WIDELL, INC. Sewage Treatment Works Water Treatment Works Substructure Construction Via UPS TO: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 Arm: Anthony J. Lombardi 954-587-0520 DATE: Submittal No. FAX: 954-587-6653 5365 Stifling Road Ft. Lauderdale, FL 33314 June 5, 2001 Master Lift Station Rehabilitation Lift Stations 316, 317, 319 & 356 City of Boynton Beach, Florida CH2M Hill Widell, Inc. Job #654 WE ENCLOSE THE FOLLOWING: Documents NO. COPIES DWG NO. DESCRWrION 1 Ori~nal Contract Modification No. 1 & No. 2 Signed by the Contractor SUBMITTED BY: Widell, Inc. FOR: [~ APPROVAL [---] CORRECTION & RESUBMISSION [~ APPROVED, PROCEED [-1 F~ ~P~OW ~ ~P~OWD aS ~O*ED, P~OCEEO ~ ~SE NOTE: IN ORDER TO MEET CONTRACT SCHEDULE, THESE DRAWINGS MUST BE RETURNED NO LATER THAN Please return one fully executed copy. VERY TRULY YOURS, WIDELL, INC. CC FILEFiELD W/1 BY: ROBEi~CF E. HODGgS~/ - CHRONO Project Manager ~ CONTRACT MODIFICATION CH2MHILL ~'~ CHANGE ORDER J-'-[ WRITTEN AMENDMENT TO CONTRACTOR: Widell, Inc. MOF)IFIC;ATIC)N NO1: I PROJECT: City of Boynton Beach Master Lift Station Rehabilita{ton PROJECT NO: 152734.SC.01 OWNER: City of Boynton Beach ENGINEER: CH2MHILL Installation of one (1) owner furnished dry-pit submersible pump at LS 317. The CONTRACTOR shall provide and install new pipe and fittings, new thermal overlaod heaters, and new concrete supports. Owner will supply materials as shown on the attached FLYGT proposal. Emergency replacement for existing pumps. - r Proposal Number One by Widell, Inc. Widell, Inc. also reserves the right to apply for a contract extension if the work performed will exceed the contract deadline. Contract Amount or Price 1 Contract Times (Calculate Days) Original $1,547,000 Original Duration 330 Days Previous Contract Previous Contract Modification(s) Modification(s) (Add/Deduct) $ (Add/Deduct) Days AhiS Contract Modification This Contract Modification dd/Deduct) $11,804.00 (Add/Deduct) 0 Days Revised Contract Amount $1,558,804 Revised Contract Time 330 'Days The Revised Contract Completion Date is: December 13 ,20 01 ate: Owner ate: Engineer Recomme~pd~on2 I Number all Modifications consecutively. 2 h Recommendation necessary for C ange Orders. B-3 Copies:Owner Field File REV 10/95 FORM 273 WIDELL, INC. (954) 587-0520 FAX 587-6653 State Certified No. CG CA45308 Sewage Treatment Works Water Treatment Works Substructure Construction 5365 STIRLING ROAD FT, LAUDERDALE! Fl_ 33314 Via Facsimile and Mail CH2M Hill 800 Fairway Ddve, Suite 350 Deerfieid Beach, Florida 33441 May 16,2001 Attn: Mr. Jason P.F. Parrilto, P.E. Gentlemen: Re: The City of Boynton Beach Master Lift Station Rehabilitation Lift Stations Nos.: 316, 317,319 and 356 Bid ~-094-2821-00/CJD, WI Job ~f654 Proposal Number One - ~ We are in receipt of your Request for Quotation No. 1 dated April 17, 2001, to install one Owner furnished submersible dry-pit pump at Lift Station 317. We are pleased to provide you with the following proposal: Remove the Existing Pump and Install New Owner Furnished Pump and Revise Piping ......................... $11,804.00 Please review the attached breakdown. We request you write a Contract Change Order for the increased amount of $11,804.00 with additional time to be determined. The full extent and impact to the project is not known, therefore, additional time and compensation may be appropriate. We believe the pump and revised piping can fit between the existing suction and discharge isolation plug valves. We have not included any by-pass pumping. If you have any questions, please do not hesitate to call. Very truly yours, REH:lkd~oposa 1-s54 cc:- File, Field, Chrono WIDELL, INC. Project Manager SAFETY ~AYS AN EQUAL OPPORTUNITY EMPLOYER PN #1 Master Lift Station Rehabilitation 05115/2001 Replacement of Owner Furnished Pump Lift Stations 316, 317, 319 & 356 at ~ Station 317 City of Boynton Beach, Florida Page I of tl 1. MATERIAL 2. S.C. 3. E.R.I 5. LABOR DESCRIPTION Il ' QTY I UNITII U.P. t PRICE NO. 4. OTHER I U.P. I AMOUNT I I I I Demoli~on i Remove Base Elbow & Pump I Job -- $90 $320 S u pport $250 Remove Pump & Piping 1 Job -- $100 $220 Install Owner Furnished Pump I Job ~ Owner $100= $580 Electrical -- $550 -- (Energy Efficient Proposal Attached) Pioe and Fiffinos 16" x12" FIg Ecc. Reducer I Ea * 503.41 $503 -- 12" x 1{7' Fig Conc. Reducer I Ea 376.25 $376 -- 12" Flange Filler 518 Lg 1 Ea 463.65 $464 12'; Flange Filler 1 1/8" Lg 1 Ea 463.65 $464 -- 12'~ Expansion Joint Single Filled 1 Ea 786.00 $786 -- $96~ Amh 1{71 Expansion Joint 1 Ea 1201.22 $1,201 -- Teflon Bellows SS Drop in Liner 16't Fig Accessories 1 Ea 25.26 $25 12'1FlgAccessorias 7 Ea 15.14 $106 -- 10'I Fig Accessories 2 Ea 13.79 $28 -- Forrl3 & Pour Pure0 Su_o0ort BaSe Ell SupP°rt 5 CF 30.00 $150 $70 20.00 $100 Pump support 14 CF 30.00 $420 -- 20.00 $280 Pipe Support 1 Ea $200 -- $100 Anchor Bolls 12 Ea 15.00 $180 -- Non Shrink Grout I CF 30.00 $30 -- $150 We are not planning to remove the Suction or the Discharge Plug Valves Therefore, No By-Paas Pumping Included. Detail Attached Subtotal $4,933 $1,160 $2,710 Mat. taxes & labor burden 6% $296 43% ' $~t,165 Material $5,229 $1,160 $3,875 Subcont., Equip. Rental or Other $1,160 Labor $3,875 I Subtotal. $10,264 Overhead 10% $1,026 Contractor's fee 5% $513 Total $11,804 Page Totals I{ II II ~, onday, May 07. 2001 8:39 AM To: Bob Hedges From: Bill Scott, 561-655-9661 Page: 2 of 2 EnergY Efficient Electric; Inc. 1:600 MercerAve. Unit 6 West Palm Beach, FL. 33401 Phone (561) 655-7211 Fax (561) 655-9661 Nlobile (56I) 722-1383. E-1Mail Address: bill¢~energyeff, com May 7, 2001 Change Order No. 1 LS 317 pump replacement We are pleased to provide your firm with our scope and proposal for the necessary changes as indicated on RFP ~1 dated April 23, 2001. Included: Furnish andinstall new overload heaters in th© existing starter. These heaters will be sized based on the F.L.A. of the replacement pump. These overloads need to be ordered. Approximatet, v one week jbr deliver.. 2. Provide n~cessary labor to disconnect and lock off tho existing motor starter. 3. Providc necessary labor to connect and terminate thc existing motor feeders to thc new pump. 4. Provide necessary labor to assist with start-up. Lump Sum $ 550.00 We appreciate the opportunity to quote your organization on this project, ff you have any questions, please call me at the office. Thank You Very Kindly, scott Bill Scott Vice President Residential .... Lighting Syst~ns .-- Commercial ..... Industrial CITY OFIBI B .EACH~FLORtDA DEPARTMENT .'..; =' .... - ,. PAGE TO: CITY OF' BOYNTON BEACH - MARK LAW hllmrch 29, 2001 ~ BOYNTON BEACH P8 327 IREPLACEMENI' PUMP We are pissed to offer the following eq~Jipment: , ONE (1)' CT~00/644 75bp 3ph 4~)v Fi~ Submersible Pump wfth 40. of Motor Cable. e lncludes stand' suction allow and :special order air fl'aJsht Pump Price per Boca Ratori Bid 99-025 ~ $37.895.00 e- plus taxes,FOB factory, with hight allowable to jobsite THIS PROPOSAL WILL EXPIRE IN THIi~q'Y (30) DAYS UNLESS EXTENDED IN WRITING BY ELLIS lC PHELPS & COMPANY , NOTE: WE DO NOT SUPPLY PIPING.VALVES,GUIDE BARS, PRESSURE GUAGES oR'-SPARE PARTS EXCEPT AS INDICATED ABOVE. ~'~RMS: SUBJECT TO' CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START-U~ OF EQUlPMENTONHiGHEVER COMES IriRIT.) A SERVICE CHARGE OF 1.5% PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER INVOJCE DATE. FAILURE TO PAY IN ACCORDANCE WiTH THESE TERMS WILL VOID ALL WARRANTIES. CONDITIONS :1) Price is firm based on our receiving complete approval and release for production four (4) v~eks after drawint~s haye been submitted by Ellis .K. Phelps & Company c 2) PARTIAL BILLING WILL BE MADE ON ANY PARTIAL S. HIPMENT. We thank y~u for your interest in our eq~,ipment and look forward to being of service to you In the near future. A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT. PHELPS & COMPANY STEVE KISS ACCEPTED BY: COMPANYi DATE: .~ CONTRACT MODIFICATION CH2MHILL r-~ CHANGE ORDER [~ WRI'I-I'EN AMENDMENT MODIFICATION NO1 _' 2 TO CONTRACTOR: Widell, Inc. PROJECT: City of Boynton Beach Master Lift Station Rehabilitation PROJECT NO: 152734.SC.01 OWNER: City of Boynton Beach ENGINEER: CH2MHILL Modification of the discharge header at LS 319. This work shall include restructuring of the discharge header system with new fittings and reinstalling portions of the existing discharge header system to accommodate the proposed riser pipe design and configuration. Modifications to discharge header that were not anticipated during the design process. Proposal ~umber Two by Widell, In¢. VVidell, i~¢. also reserves the right to ~Pply for a contract extensien if the work performed will exceed the contract deadline. Contract Amount or Price Contract Times (Calculate Days) Original $1,547,000 Original Duration 330 Previous Contract Previous Contract Modification(s) Modification(s) (Add/Deduct) $11,804.00 (Add/Deduct) This Contract Modification This Contract Modification (Add/Deduct) $4,332.00 (Add/Deduct) 0 Days Days Days Revised Contract Amount $1,563,136 Revised Contract Time 330 Days The Revised Contract Completion Date is: December 13 ,20 01 Date: Owner Date: ~Contractor / I Engineer Recommenda.~jRn2 I Number all Modifications consecutively. 2 Recommendation necessary for Change Orders. B-3 Copies:Owner Field File REV 10/95 FORM 273 WiDELL, INC. (954) 587-0520 State Certified No. CG CA45308. Sewage Treatment Works Water Treatment Works Substructure Construction 5365 STIRLING ROAD FT. LAUDERDALE. FL 33314 May 16, 2001 VIA FACSIMILE AND MAIL: CH2M Hill, Inc. 800 Fairway Drive, Suite 350 Deerfield Beach, Florida 33441-1830 Attention: Mr. Jason Pardllo, P.E. Re: The City of Boynton Beach Master Lift Station Rehabilitation Lift Station Nos. 316, 317, 319 and 356 Bid #094-2821-00/CJD, WI Job ~54 Proposal Number Two Gentlemen: The discharge header at Lift Station 319 leaves the station in the opposite direction from what is shown on the drawings (see RFI #1). For the new pumps to fit the header, it will have to be modified. We are pleased to provide you with the following proposal: Modify Discharge Header to Fit New Pump Arrangement ............................ $4,332.00 Please review the attached breakdown. We request that you write a Contract Change Order for the increased amount of $4,332.00 with additional time to be determined. The full extent and impact to the project is not known, therefore, additional time and associated compensation may be appropriate. Very truly yours, WIDELL, INC. Robert E H g Project Manager REH:pb~prop2-Ss4 Attachments cc: File w/attachments Field Chrono SAFETY PAYS AN EQUAL OPPORTUNITY EMPLOYER PN ~2 Master Lift Station Rehabilitation 05/15/2001 RFI # 1 LS 319- .... ' . Lift Sta~ons 316, 317, 319 & 356' D scharge Header Leaves the Station in the Opposite City of Boynton Beach, Flodda Direction frOm what is shown on the drawings Page 1 of ~" UN T I MATERIAL 2. S.C. 3. E.R: 5. LABOR -- IlDESCRIPTION ' ' II ' QTY I I u-P I PRCE I] NO I 4 OTHER II U.P. I AMOUNT II New FitlJn~s Used See_ Detail #1 Red 16" x 12"Fig Wye 1 Ea 1228.41 $1,228 12" F-F Pipe 1' -6 1/8" Lg 1 Ea 206.42 ~. $206 12" x 12" Fig Wye 1 Ea 826.531 $827 10" F-F Pipe 2' .4 1/8" Lg 1 Ea 176.26 l $176 6" F-F Pipe 1' -8" Lg 1 Ea 97.17 j $97 -- ~> $1,320 12" Flange Filler 5/8" Lg 1 Ea 90.591 $91 -- 12" F-F P pe 6 1/8" Lg 1 Ea 190.39 $190 8" F-F Pipe 12 1/8" Lg 1 Ea 119.39 $119 12" Fig 45 Bend 2 Ea 301.59 $603 8" Fig 45 Bend 1 Ea 129.89 $130 -- ,, 16" Fig Accessory Set 2 Ea 25.00 $50 12" Fig Accessory Set 10" Fig Accessory Set 3 Ea 13.79 $41 3 Ea 6.72 $20 8" Fig Accessory Set Fittin_(~ Reused See Detail #1 Green 16" x 12" Fig Conc. Reducer 1 Ea -- 12" x 10" Fig Conc. Reducer / 1 Ea -- ~- $720 10" x 8" Fig Wye I Ea -- Removed Not In Bid ISee Detail ~2 Purple Fittings 12" x 8" Fig Wye 1 Ea 12" F-F Pipe2' -7" Lg 1 Ea --i' $480. 10" x 8" Fig Wye 1 Ea - Fittino Not Used In Bid See Detail ~ orange 10" F-F Pipe2'-0" 3 Ea -162.11 ($486 10" Fig 45 Bend 3 Ea ~ -218.58 ($656] ~j~ ($1,080' 12"x 10" Fig Conc. Reducer 2 Ea -376.25 ($7531 10" x 8" Fig Conc. Reducer 1 Ea -240.57 ($241] 12" Fig Accessory Set 2 Ea -15.14 ($30'~ 10" Fig Accessory Set 9 Ea -13.79 ($124', Subtotal $1,611 $0 $1,440 Mat taxes & labor burden 6% $97 43% $619 I Material $1,708 $0 $2,059 Rental or Other $0 I Subcont, Equip. Labor $2,059 Subtotal $3,767 Ove~ead 10% $377 Contractor's fee 5% $188 Total J $4,332 Page Totals JJ jj . II " CONNECT TO ?' PVC WA] ~ '~'C ~r'',? Or t 10%8° SECTION 3/8' - 1%0' REMSiON ~ CONIRACTOR TO F~ELD VERIFy OIMEN~IOA V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4. AGENDA ITEM REQUEST FOR Requested City Commission Date Final Foma 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 [] July 17, 2001 JulY 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October2, 2001 September 20, 2001 (5:00 p.m,) [] August21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal Bids Unfinished Business Announcement Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside of the City Limits~ with Carlos D. Lopez and Sandra Nogueira Lopez for lots 66 through 71 inclusive of Block 15, West Boynton Plat 2C. ' EXPLANATION: The subject property is located on the northeast corner of Old Boynton Road and Nickels Boulevard, which lies outside of the City Limits. A potable water main exists in the adjacent right-of-way, but sanitary'-- sewer is not readily available at this time. The agreement is intended to serve one single-family residence. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The subject property lies within the City's utility service area, and the property owner has furnished all required documentation. Signature t C~ty Manager's Signature UTILITIES Department Name City Attor~Y*Finance / Human Resources Xc: Peter Mazzella (w/attachments) John Guidry " City Attorney " Planning Dept. '~ File " S:LBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND: DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SERVICE OUTSIDE FOR ANNEXATION THE CITY OF BOYNTON BEACH . D. LOPEZ ~ SANDRA AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our rater and sewer service area, located on the northeast comer of Old Boynton Road and Nickels Boulevard; and WHEREAS, City policy requires annexation of the property to be serviced at-the :arliest practicable time,- as a condition of the granting of water services outside its urisdictional limits; and WHEREAS, Carols D. Lopez and Sandra Nogueira Lopez are the owners of the land in question; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Carols D. Lopez and Sandra Nogueira Lopez, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of July, 2001. City Clerk ~a~reso~agreements\WaterSer-Lopez CITYOF BOSTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 35308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF F~ I/We ~~- ~ ~8 ~P~g~ ~0~,~- bfq_ hereinafter , ,~ ~ "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in"fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of ~he real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the., day of , 19 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have h~reunto set our hands and seals the I~-~day of ./~L-~ · in the year Sealed and delivered in the pre~ ~itness ~itness =-nce of ±nt name ~itne~s Witness Print name STATE OF FLORIDA ) ~ ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ~c~ , who are kno~ ~meO~ho have , as identification and who produced did/did not take an oath. My Commission Expires: POA. IND NOTARY PUBLIC Type or Print Name Commi s si on No. I' OFFICIAL NOTARY SEAL BETH HERSHOCK NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. CC636526 [_MY COMMISSION EXP. APR. 20,2~l 500 VI, q {561~ 731 5897 ~oX {5617 735 0425 May 8, 2001 To Whom It May Concern: Proposed house shall be a two story single family dwelling. Firstfioor shall have a kitchen, living room, dinning room, den and half bathroom. Second floor shall have four bedrooms and two bathrooms. Exterior walls shall be of 8" masonry walls with stucco finish on the outside and 2 1/2" furring with 5/8" GWB on the inside. Roof shall be Spanish S cone. tiles. Sewer shall be septic. PROR~RTY ZNPORMATION C~J~D Tax-Yo&=~ 2001 Address: 409 LIV~ OAK LN BOYNTON BEACH FL 33436 7116 Short Legal Description~ Use Code: 0000 A~ricul=ural Use: ~g/Tw/Sc; ~3/45/19 Map ID: Tax Dist: 00203 WEST ~OYNTON pL m-c, LTS 66 T~U 71 (LmS$ s 7 FT & Ta~La PAR OLD ~OYNTON RD R/W) BLK 15 Code O01RA~ 001HAD Cra/DaCe~ Notes indicacor~ Y aou=e: Zone: Nam~ LAK~ WORTH DRAINAGE DIST. L~ WORTH DRAINAGE DIST. NAV Factor Subdivision: Loan: MOr~ Condo ]ype: Vac/im~r: Sale Date~ 11/01/99 Sale Amt: 14,000 ~ook~ 11480 Pa~e: 1657 Qual Cd: Cer~ifi=ate #: 0000O00 Pe=itio'.3 ~: xr Adds ~: 2000 Acres (Deeded): . 3218 Acres (E~A): Assessed Values Lan~ Marke~: Imprv. Marke=: TO~al Markec: i Mk~. No~ CaDDedr MkC. Capped: Cap. Adj. Valu®: Asoessed Valuer * Total Value: Penal=y: 27,500 Description 0 29,50o 2~, SOO 0 0 27,500 t Exemptions Yrbe~ % Amoun~ Status ~t * Total Taxable= / -%"~IST~ C~--~-~CO~)MiC ~XEMPTZONS ARE NOT R~FL~CT~D ~ TH~SE TOTALS -- -' O~SC~ME~: ~Zg ~N~O~ATION IS BEL~ CO~ B~ ~J~ TO C~GE ~ I3 NOT THIS INSTRUMENT PP~EPARED BY: James A. Cherof, Esquire J~sias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this'--~ day of ~_~t_~ , -1-~7~ by and between ~ ~. ~-~f~--~= SD ~~-~ ~~-~~ hereinafter called the "Customer"., and the CITY OF BOSTON B~, a m~icipal co~oration of the State of Florida, hereinafter called the "City". ~EREAS, Customer o~s real property" outs~de of the jurisdictional limits of the City of Bo~pn 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 Boynto~"~'beach 'has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and -the CuStomer, his 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: 2. The Customer and the City hereby agree that there are ~ 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 th~ lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all e~timated 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. Ail connections shall be made in accordance with the Codes and regulations of Boynton Beach. ' 5. Title to all mains, extensions and other facilities e~tended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City e~clusively 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. to the City an Irrevocable Special Power the City the power and xecute and of the Customer a covenants that it shall cooperate with the City and not opposi!tionor.~challenge to .on. if and when The Customer shall, contemporaneouslyexecute and deliver ter any or part of suc,h rights as .set. the .ack of consideration. is initiat option. Of the City at available means or and a,ll assigns or this covenant and of the Customer's failure defense or bar to the Ci' Customer acknowledges connecting to the grant of the of service shall in no constitute a diminution:or to behalf raise :ion at the -any any of but .e a 'The the lack nor 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby_Made a covenant running with the land describedin paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, andthe Customer and all. subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors a~d assigns. 10. It is agreed that the City shall have no liability an the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions,~ limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, 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, 0fficerS"-'emPl°yees and agents (Both in their individual and official capacities) from and against all claims, damages, lawsuits ~nd 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 pursd%nt to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~' day of ~-~t_~ , &~~o{ WITNESS: INDIVIDUAL (S) AS O~S) :' ' (Pri~ name) ~%4~Lo~ ~. ~F~--~ (~S .tO g~er) ~ (As. to o~er) ~ ~ ~ . ~ (~ to o~er) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take~cknowledgments, personally appeared ~Fl~5 ~n~ 5~ ~_~p~ to me knownto be the person(s) described in and who executed the fore~oin'---g--~n-~%rument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this I~'~ day of (Notary Seal ) [ - BETH H~RSHOC~ / N'NO, C~z Notary Public WITNESS: CITY OF BOYNTONBEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss- COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectivelY, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses 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 theret~ is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 199_. (Notary Seal) Approved as to form: Notary Public Legal Description Approved: City Attorney JAC/lms 900182 12/12/95.rev WATERSRV.1 5 05/1t/01 FRI 15:25 F~K $$1369~711 Universal Land Title, Inc. 3301 W. ]k~ynlml Beach Blvd.-$~,L- 1 Boym:on Beach: Florida 334,36 (561) 369..$300 Fax (,q61) 369-5711 UNIVERSAL-BB Beach Co~/~ty, Florida, co~ce~i~'~u~ne.~i~ ~ec~d$ of' Pal~ Lots 66 through 71 &ncluslve, Block 15, W~-ST BOYNTO 2C, actor.ding to the Plat recc-~-~ ~ ..... N P~T NO. rn?~rded ~n th~ ~lic Record~u ~9 ~ac B~ 1~, ~age 14, as sgad land situate, lyin= ~ ~_~__P~B~ac~ Co~=y, Florida; A~PA/~ ~CORDTIT~E~ST~D IN: CARLOS D. LOP~E and SANDRANOGUEXKALOpEz, Fa~e 1110. ' his ~i£e By Wa=ranty Deed and O.R. Book 10971, at 1. MORTGAGE IN FAVOR OF CROWN BANK FROM~%R~OS D. LOPEZ AND SANDRA NOG"JEIRA LOP~Z RE~OP~I~D IN O.a, BOOK 11480 PRE PRINCIPAL A~0UNT OF $11,~00.00, A~ TO LOTS 66. 67, 68, BLOCK 15. 2. UNITX OF TITLE A GKEp/~ RECORDED IN O.R. BOOK 12305 PAGE 65. 3, ~uNq(RUPTC%7 ~y SANDKA LOP, Z, SOCIAL SECURITY~K3~fB~R CASE }Fu'~ER 00-164S8, MAy ~-~FECT SUBJ~C~ PROPeRTy. ' 4. $~E JUD=M~,%~TS A~AINST CARLOS LOPEZ W~ICHA/%EATTACHRD TO OWNERSHIP ARD ENCU~RANCE R~PORT, A/qD MAY BE CONSID~F~D LIENS AGAINST T~ PROPERTy. TA~sz INFORMATIONAL NOTE: The Tax Assessors Number for the &nsured land is Effu==~ve ~ate of thi~ Repot= i~ March 17, 2001, m= 9:00 A.M. 002 002/002 05/11/0! PHI 09:43 [TX/RX NO 97711 05,'11701 FRI 15:2.3 FAX 5513695711 UNIVERSAL-BB ~003 OWNER AND ENCID~RANCE REPORT CONTINUED LAND TITLE, INC. dolta~s not e~¢~ed 05/11/01 FRI 09:~3 [TX/RX NO 9771] ~003 ii NO~TH Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6, 2001 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation October 17, 2001 (5:00 p.m.) f-- [] City Manager's Report ~o RECOMMENDATION: Please maintain this request on the July 17, 2001 City Commission Agenda under Consent to allow postponement at the August 7th City Commission meeting. You will recall that the Planning and Development Board with a 5-2 vote recommended that this request be postponed to the August 7, 2001 City Commission meeting to allow it to return to the Planning & Development Board on July 24th. The postponement will allow the applicant, who is not fluent in English, to return to the Board with her agent/brother who wil~'act as an interpreter. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-108. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MARIE PREMIER Nixon Marc Marie Premier 1521 NE 2na Street (Lot g41, Block 17, First addition to Rolling Green Subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B, requiting a minimum rear setback of twenty-five (25) feet, to allow a 16.58 foot variance and a 8.42 rear yard setback for a tool shed on a R-1-A zoned parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ ! N/A Dev~pmgnt IJe~ar~in~ D~"~ctor -Plmg & Zomg ~kector City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WPXPROJECTSXlVlarie E. Premier\CC Second Agenda Request 7-17 postponed.dot S:\BULILETIN~FO~S~GENDA ITEM REQUEST FORM,DOC Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 V-CONSENT AGENDA ITEM E. I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Date Final Form Must be Turned in to Cit~ Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 pom.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda under Consent Agenda. The Community Redevelopment Agency Board with a 3 to 1 vote (one board member abstained), recommends that the subject request be approved. No conditions of approval accompany this recoimacndation. For further details pertaining to this request, including the supportive recommendation from staff, see attached Department of Development Memorandum No. PZ 01-063. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: Habitat for Humanity Jeanne Heavilin Nathaniel Robinson/Karl Ijams 233 N.E. 11a Avenue Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zomg, Section 5, F.2.a. requiring a single-family home on a fiftl~(50) foot wide lotin lieuof the sixty (60) feet required by code on a lot zoned R-2, resulting on a ten (10) foot reduction. N/A FISCAL IMPACT: N/A De~ol~rn~iat l}epat tment Director City Manager's Signature pla ' g & ~oni~g Diree~o~'-- City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPXPROJECTS~Iabitat for Humanity~Iqabitat for Humanity Agenda Request 7-17-01.doe S:~BULLET[N~ORMS~S~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-063 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: July 10, 2001 File No: ZNCV 01-011 - Lot area Location: Lot 5, block 2, Meeks & Andrews Addition Owner:. Nathaniel Rob inson Project: Building a single-family home on a parcel zoned R-2. Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. requiring a single-family home on a fifty (50} foot wide lot in lieu of the sixty (60) feet required by code on a lot zoned R-2, resulting on a ten (10) foot reduction. BACKGROUND, The subject property, lot 5, and surrounding neighborhood is currently zoned R-2, single and two-family residential district and partially developed (see Exhibit "A" - location map). The subdivision of Meeks & Andrews Addition was platted in 1914 with typical lot frontages being 50 feet, non-conforming by today's zoning standards (see Exhibit "B" - Meeks & Andrews Addition subdivision). The parcel to the east of the subject property (lot 4) is developed; the parcel to the west (lot 6) is undeveloped and is a substandard fifty (50) foot wide lot; and the next parcel to the west (lot 7) is developed. The applicant has submitted letters to document the intention to acquire the vacant property to the west, lot 6, with the intention to make the subject property, lot 5, a conforming lot. However, the current owner of lot 6 is not willing to sell. Therefore, no possibilities of expansion exist for the subject parcel number 5. Karl Ijams, President of Habitat for Humanity of South Palm Beach County, is requesting the above-referenced._miniqajum variance for the purpose of constructing a single-family dwelling unit on a fifty (50)~b-"bt"-,~,~de lot as part of the Habitat for Humanity affordable homes program (see Exhibit "C" - survey). Habitat for Humanity has a contract for purchase with Mr. Robinson, who will acquire and build upon the lot if the variance is approved. Staff surveyed the area and it was observed that the majodty of the existing dwelling units in the neighborhood are detached single-family homes built on substandard lots, and the majority of the existing houses are in poor condition. City records show that a total of four (4) properties within the Meeks and Andrews subdivision have been the subject of variance approvals since 1963, all of them for lot frontage reduction to allow fifty (50) foot frontage. Similarly, in an adjacent sUbdivision zoned R-2, Happy Home Heights, fifteen (15) properties have been the sUbjects of variance approvals since 1963; seven (7) of them to allow lot frontage of forty-two (42) feet (see Exhibit "D" - approved variances map). There are of course other adjacent units that were constructed prior to modern site regulations and are therefore legal non-conforming. Page 2 Habitat for Humanity variance File No. ZNCV 01-011 ANALYSIS The code. States that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building 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. 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. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by ether properties in the same zoning district under the terms'of the ordinance and would work unnecessary and undue hardship on the appficant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be ~njurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "E'. In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including the Plat of Meeks & Andrews Addition with typical lot widths of fifty (50) feet. Therefore, the City has acknowledged the potential for creating certain hardships and non-conformities on older platted lots. Staff verified on site that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single-family homes. Staff concurs with the applicant that the subject parcel special conditions and circumstances related to the lot frontage are not the result of actions from the applicant, therefore, satisfying criteria "a" and "b" above. Staff also concurs with the applicant that approval of the variance will not confer any special privileges to the applicant since there exists several substandard parcels in the same area that have been developed for single-family units. It is noteworthy that four (4) of those single-family units were also the subject of prior variance approvals. Therefore, denial of this variance request would deprive the applicant of the rights enjoyed by others under similar conditions. Therefore, it is the position of staff that criteria "c" and "d" above are satisfied. For the same reasons stated above, and since the subject parcel meets the minimum land development requirements with the exception of lot frontage, staff agrees with the applicant that the requested relief is the minimum necessary to make possible a reasonable use of the property. Therefore, criterion "e'above is also satisfied. Page 3 Habitat for Humanity variance File No. ZNCV 01-011 Lastly, staff believes that granting the variance will not be injUrious to the area nor detrimental to the public welfare. On the contrary, staff concurs with the applicant that the proposed building will be in harmony with characteristics of the neighborhood including lot sizes, lot frontages, and house sizes and styles. Furtherm( a new building with modem architectural features will hel conditions are predominant. For these reasons, staff bell, quest will not generate negative impacts upon the area, thus CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, ~staff findS that the subject ~quest is supported by the existence of a proven hardship:. Furthermore, staff cOnclUdes that the.approVal of the requested variance will support the affordable housing goals of Habitat for Humanity, and will implement the infil housing Program of the City. Based on the previous conclusions, staff recommends that the requested variance be approved, thereby granting relief from the C~ty non-conforming lot regulations to allow a single-family hOUse on a fifty (50) foot wide that is zoned R-2. No cond tions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F'. Lastly, it should also be noted that due to the restrictive nature of current non-conforming lot regulations, which are contrary to both Comprehensive Plan policies and city affordable housing strategies, staff has proposed amendments to the code which are currently being reviewed the City Attorney's Office. MR/dim S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\STAFF REPORT- lot area.doc LOCATION MAP Nathaniel Robinson Property Habitat for Humanity EXHIBIT "A" I/8 'M 800 FEET 0 I-- Z 0 1 I "1 SOU 17'1 LINE SLK. 8. i/,,zo ~ I9,0.88' LOT 4 (occ) 4' ¢OVC L.F.F. -t7.87' / ',. 2I,~.oo' (p) EXHIBIT "C" SURVEY EXHIBIT "D" -I. EXHIBIT "E" ZONING CODE VALANCE APPLICATION Statement of special conditions, hardships or reasons justifying the requested exception of variance. Respond to the six (6) questions below (A-F): That special conditions and circumstances exist which are peculiar to the - land, structure or building involved and which are not applicable to other lands, structures or buildings !n the same zoning district. R-2 zoning requires minimum lot frontage of 75 feet. However, the frontage requirement is reduced to 60 feet if it is to be used for a single family residence. The lot which Habitat seeks to build on only has a frontage of 50 feet. Therefore, under the current lot and building regulations per Boynton Beach Code Chapter 2, Section 11 F.2.a., Habitat would not meet the requirements for building a Single Family residence. The lot is abutted by a home on one side and a vacant lot on the other side. An offer to purchase the vacant lot was rejected by its owner. That offer was made on or about May 12, 2001. Therefore, there would be no way to enlarge the subject lot. That the special conditions and circumstances do not result from the actions of the applicant. Habitat for Humanity does not own either of the lots which are abutting the lot it seeks to build the single family residence upon. It-has taken no action which reduced the lot frontage. Ce 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. Granting the requested variance will allow Habitat for Humanity to build a single family residence on the subject lot. This type of structure is permitted under the current zoning for the area where the lot is located. The variance will not allow Ha_b._ilat4..~9 build a structure which is not permitted in the R-2 zoning district. A~-ty, Other lots in the same area are currently non-conforming. That literal interpretation of the provisions of this chapter 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. If the variance is not granted then Habitat for Humanity would not be able to construct a single family residence on its lot as the current R-2 zoning allows. Therefore, Habitat would not have the same opportunity for dev¢ opment o£~Ls ~] ~ i.~i I.~ ~, .,t~ h" property as other property owmers in the same zoning district. Ft ~mermor-ei;-tms-' - - pt. g!,;-it.M:i would definitely be unnecessary and undue hardship on the applicant as the purpose of Habitat for Humanity wOuld be frustrated. It seeks to work with the City to improve and redevelop the C: ily residences and affording the opportunity people who might not otherwise have Ds beautify the community and put pride into ~e City of Boynton Beach. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. With the exception of meeting the minimum lot frontage, the lot currently meets all other regulations for constructing a single family residence. As such, the requested variance is the minimum variance to allow development of the lot in the K-2 zoning district. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Habitat for Humanity does not seek to develop the property for any other purpose than that allowed under the current zoning district. As stated previously, it desires to construct a single family residence on the subject lot. This is allowed under the current zoning for the area where the lot is located. Additionally, this development will improve the area. It will bring _i~n people who have pride in their community and in their home. It will make use of a vacant lot that otherwise could and might be used.for activities (including illegal activities) that are not in the best interest or consistent with the goals of the City. EXHIBIT "F" Conditions of Approval Project name: Habitat £or Humanity - Nathaniel Robinson property File number: ZNCV 01-011 Reference: Zoning Code Variance Application dated 05/17/01. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTII.ITIES COmments:. None FIRE Comments: None POLICE Comments: None ENGINEEKING DMSION Comments: None · BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. bme S:~,PLANNING',SHARED\WP\PROJECTS\HARITAT FOR HUMANf'i'Y~COND. OF APPR-20OI-ZNCV.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Habitat for Humanity- Nathaniel Robinson property APPLICANT'S AGENT: Jeanne Heavilin, Salefish Realty, Inc. APPLICANT'S ADDRESS: 532 E. Ocean Avenue, Boynton Beach DATE OF CITY COMMISSION PUBLIC HEARING: .July 17, 2001 TYPE OF RELIEF SOUGHT: Zoning Code Variance (lot frontage) LOCATION OF PROPERTY: N.E. 11th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR ~ THIS MATTER came on to be heard before the City Commission of the City of Boyr~ton Beach, Florida onthe 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 ApP~'icant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 ~.~bit '.'F" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DAT ED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Habitat for Humanity\Development Order -2001- zncv.doc Requested City Commission Meeting Dates [] luiy I7, 2001 [] August 7, 2001 [] ~ugust 21, 2001 [] September 4, 2001 CITY 1 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2,2001 [] October 16, 2001 [] November 6, 2001 V-CONSENT AGENDA ITEM E. 2 Date Final Form Must be Turned in to CRv Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans -[] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda under' c~,,,Consent Agenda. The Community Redevelopmem Agency Board with a unanimous vote recommends that the subject request be approved. No conditions of approval accompany this recommendatiom For further details pertaining to this request, including the supportive recommendation from staff, see attached Department of Development Memorandum No. PZ 01-129. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Pence Park Variance Paul Fleming City of Boynton Beach 600 S.E. 4ta Street Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, 1.2. to allow an eighteen (18) foot reduction from the ...... 1TI1H1 .... Cs . ' imum of twenty-five (25) foot rear setback required for a building on a parcel zoned ~C~:)~REC, Recreational, resulting in a seven (7) foot rear setback. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES.~J N/A lglSm~n't D6partment l~ir~ctor City Manager's Signature Planning & Zoning'If~ctor City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTSWence Park- ZNCV'xPence Park Agenda Request 7-17-01 .doc S:x~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-129 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: July 10, 2001 File No: ZNCV 01'-012 - Rear setback Location: 600 SE 4~h Street Owner; City Of Boynton Beach Project: Building an accessory facility on a parcel zoned REC Variance Request: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, I. 2. to allow an eighteen (18) foot reduction from the minimum of twenty-five (25) foot rear setback required for a building on a parcel zoned REC, Recreational, resulting in a seven (7) foot rear setback. BACKGROUND The subject property is currently zoned REC, Recreational and site of Pence Park, a city neighborhood park. The property fronts on SE 4th Street and the rear is along Rail Road Avenue. (see Exhibit "A"-location map). The fOllowing is a description of the zoning districts and land uses of surrounding properties: North: SE 5th Avenue right-of-way and farther north two (2) single-family homes and a mixed- use property (residential/commercial) zoned C-3; South: SE 6th Avenue and farther south a residential duplex and a single-family house zoned R-2; East: SE 4th Street right-of-way and farther east, a vacant parcel, a motel, and an office building zoned C-3; West: Railroad Avenue right-of-way, FEC Railway right-of-way, and farther west, residential homes zor~d::'__~?_..~L..and industrial property zoned M-1. The 2.40-acre parcel was dedicated as a park reserve by the plat of Pence Subdivision in 1'908, and accordingly, it is currently developed as a baseball park and contains other recreational facilities (see Exhibit "B"- Pence Park Subdivision). The site features a bathroom building constructed in 1977 per City records; as indicated by the applicant, it is not longer suitable to support the activities on the site, and is not in compliance with current building and site regulations. The applicant is proposing to replace the old bathroom facility with a larger and more functional building at the same original setback - seven (7) feet from the rear property line, but non-conforming by current regulations (see Exhibit "C" - site plan.) Since the old building will be totally destroyed and replaced with a new facility, the g randfathered rig ht to keep the existing rear setback will be lost. Construction of the new building at seven (7) feet from the rear property line requires the subject variance. Page 2 Pence Park variance File No. ZNCV 01-012 City records show that only one property within the immediate vicinity has been the subject of a rear setback variance approval since 1971. Th,e~roperty is developed as a duplex residence and it is located in the northwest corner of SE 6 Avenue and Railroad Avenue, opposite the south side of the park_. ANALYSIS .The code states that the zoning code variance cannot be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculiar to the land, structure, or building 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 appficant. That granting the variance requested would 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° eo 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. That the variance granted is the minimum ;variance that will make possible the reasonable use of the land, building, or structure. That the grant 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. (Exhibit "D" contains the applicant's response to the above criteria.) As in the review of most variances, staff must review an application to first determine if a hardship exists, and second, if there are negative impacts upon the immediate neighborhood or general public. TbiEi'-~.ir~¥olves the identification of unique characteristics of an individual parcel, and the ac ~'~&-t-has generated the need for the variance. It also includes a review of the alternatives available to avoid or minimize the variance, and whether the intent of applicable regulations is being jeopardized. In the subject case, unique circumstances beyond the control of the applicant (the City) do not exist which have generated the need for the variance. Instead, the need for the variance is a factor of the original layout of the park, characteristics of its use, and existing location of utility lines. The variance could be avoided by relocating the facility; however, at additional cost and possible inconvenience to the majority of users of the facility. Page 3 Pence Park variance File No. ZNCV 01-012 Therefore, in this review, staff has placed greater emphasis on review criterion "f" above, which checks for compliance with the intent of the city's regulations, and impact on the area and public welfare. Accordingly, staff concurs with the applicant in relation to said criterion "f", that theproposed., new facii_ty..."wi/I promote a positive influence on the success of the City's ongoing projects to improve the City for its residents." Setbacks are typically intended to maintain uniformity in the built environment and particularly in view of corridors along streetscapes, .as well as to maximize safety. By virtue of it being a public park, there are no other structures with which improvements would be compared to or deviate from. Furthermore, being along a neighborhood street, traffic volumes and speed are Iow along this side of the subject park; safety would therefore not be reduced by the proposed setback variance. With regard to the neighborhood, staff believes that granting this variance will not generate any significant impacts upon the neighborhood considering that both, the closest residential building is located several hundred feet at any direction, and the parcels immediately adjacent (west) to the rear of the proposed building are the right-of-way for Railroad Avenue and for the FEC Railroad. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein on which staff has placed greater emphasis on the continued satisfaction with the intent of the City regulations and_the needs of the City and the public, staff recommends that the sUbject request be approved, thereby granting relief from zoning regulations to allow an eighteen (18) foot reduction from the minimum twenty-five (25) foot rear setback required for a building zoned Recreation, or a seven (7) foot rear setback. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E". MR/dim S:\Planning\SHARED\WP\PR0~JEOTS\Pence Park - ZNCW, STAFF REPORT.doc LOCATION MAP Pence Park EXHIBIT "A" J '0' 1/8 MILE,' -400. 'gO0 FE~T .76o. z~j'/~, EXHIBIT "B" · EXHIBIT "C" / /. / / 51TE PLaN AVENUE .~'-'"' City of Boynton Beach Department of Engineering Construction Services DiviSion Statement :of special conditions, hardships or reasons justifying the requested exception or vadanceo A That special conditions and circumstances exist whiCh are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is currently a City Park (Pence Park) with existing and improved recreational facilities provided by the City. There is an existing restroom building that is no longer suitable in supporting the City encouraged activities at the park. The City has planned and would like to erect a ~ew restroom building (in full compliance with all Current codes and standards) using the exact setbacks currently used for the existing building. B That the special conditions and circumstances~ do not result from the actions of the applicant. The City is /the applicant and has done nothing (to my knowledge) to create any special conditions or circumstances. 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. The City is not seeking any special privilege with the granting of this variance. D That literal interpretation of the provisions of this chapter 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. The new restroom building can not extend any further into the baseball/softball "foul" territory without creating a potential safety hazard for the City residents who regularly use this portion of the Park. E That the variance g[anted is the minimum variance that will make possible the reasonable use - of:the land, bu_~:,~_tr~cture. The City is req~=st~g'the minimum variance needed for the new restroom building. F That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The new restroom building will be in full harmony with the'general intent and purpose, it will not be injurious or detrimental to the public welfare, in fact, it will.promote a positive influence On the success of the City's ongoing projects to improve the City for it residents. EXHIBIT "E" Conditions of Approval Project name: Pence Park File number: ZNCV-01-012 (rear yard setback) Reference: Zonin,~ Code Variance Application' dated May 21,2001. PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTERfENV~ONMENTALIST Comments: None PLANNING AND ZOt',IIN-.~-: .... Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. ~ S:\PLANNING\SHARED\WP~PROJECTS'~PENCE PARK - ZNCVXCONDITiONS OF APPROVAL REAR SETBACK. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT' NAME: PENCE PARK VARIANCE APPLICANT'S AGENT: City Of Boynton Beach APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach DATE OF CITY COMMISSION pUBLIC HEARING: Ju~y 17, 2001 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 600 SE 4th Street DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the 'Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the AppJicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requeSted. 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 "E" with notation "Included". The pA--'~l~r~-t'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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP\PROJECTS~PENCE PARK - ZNC'V~DEVELOPMENT ORDER REAR SETBACK,DOC Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 V-CONSENT AGENDA I'TEbl E. 3 CITY OF BOSTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 200t [] October2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in m City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote recommends that the subject request be approved. No conditions of approval accompany this recommendation. For further details pertaining to this request, including the supportive recommendation from staff, see attached Department of Development Memorandum No. PZ 01-130. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: Animal Control Variance Liz Roehrich Animal Control, City of Boynton Beach 415 Northeast 4th Street Request a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4, J.2. to allow the construction of an eight (8) foot high security fence in lieu of the six (6) foot height limit'required by zoning regulations, resulting in a two (2) foot high variance. N/A FISCAL IMPACT: N/A ALTERNATIVES: _.f: ~~~/A Deve~lfm~ht~Del[a~:r~nt (~ector City Manager's Signature Planning & Zoning 15irfictor City Attorney / Finance / Human Resources S 5PIanningKSHARED\WPXPROJECTSXAnimal Control ZNCV 01-014kAnimal Conrol Agenda Request 7-17-01 .doc S:~BULLETINkFORMSX, AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-130 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: July 10, 2001 File No: ZNCV 01-014 - Fence height Location: 415 NE 4th Street- Animal Control Shelter Owner: City Of Boynton Beach Project: Erecting a security fence on a parcel zoned CBD Variance Request: Request for a variance from the City of-Boynton Beach :~Land Development Regulations, Chapter 2, Zoning, Section 4, J. 2. to allow the construction of an eight (8) foot high security fence in lieu of the six (6) foot height limit required by zoning regulations, resulting in a two (2) foot high variance. BACKGROUND The subject property is within the Robert Addition Subdivision and CUrrently zoned CBD, Central Business District. The property is fronting east on NE 4th Street, the rear to the west is along an unimproved local access road, and further west is the right-of-way for Florida East Coast Railway (see Exhibit "A" - location map). The following is a description of the zoning districts and land uses of surrounding properties: North: Automobile repair use on a property zoned C-4; South: NE 3rd Avenue and farther south Bud's Chicken' and Eckerd's Drug Store buildings zoned CBD; East: SE 4th Street right-of-way and further east a city park, Bicentennial Park; West: Unimproved local access road right-of-way, FEC railway right-of-way, and further west industrial use properties zoned M1. The subject property is currently used as a shelter by the Animal Control Division of the Boynton Beach Police Department. The facility provides shelter for impounded animals, more specifically dogs. Recently, and through the time, there have been several reports of stolen dogs from the shelter, despite it being surrounded by a six (6) foot high chain link fence (see Exhibit "B" - survey). In order to provide a more secure environment for both the animals and staff members, the applicant is proposing the construction of an eight (8) foot high steel picket privacy fence to envelope the entire facility (see Exhibit "C" - proposed picket steel fence). Erecting the proposed eight (8) foot high fence requires the subject variance. City records show that three (3) properties within the Robert Addition Subdivision have been the subject of setback variance approvals since 1969. Those variances have provided relief from parking requirements, but none for fence height requirements. 'Page ~ Animal Control variance File No. ZNCV 01-014 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning diStricL b. That the special conditions and circumstances do not result from the actions of the applicant. 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. 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. That the grant 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. (Exhibit "D" contains the applicant's response to the above criteria.) As in.the review of most variances, staff must review an application-to first determine if a hardship exists, and second, if there are negative impacts upon the immediate neighborhood or general public. This review involves the identification of unique characteristics of an individual parcel, and the action that has generated the need for the variance. It also includes a review of the alternatives available to avoid or minimize the variance, and whether the intent of the regulation is being jeopardized. In the subject case, unique circumstances beyond the control of the applicant (the City), do not exist which have generated the need for the variance. Instead, the need for the variance is a result of safety factors related to the nature of the use of the subject property, to the point of it being the continual victim of theft/burglary. Therefore, in this review, staff has placed greater emphasis on review criteria "e" and "f" above, which considers the magnitude of the subject request and checks for compliance with the intent of the city's regulations, and impact on the area and public welfare. With respect to item "~", given that the variance is for only two (2) feet in excess of the maximum height currently allowed, and if the "reasonable" use of the building includes its safe operation with minimal exposure to theft, then the request represents '~the minimum variance that will make possible the reasonable use of the land." Staff also concurs with the applicant with respect to satisfying said criterion "f", that with the proposed fence...'~he residents of our City will benefit from the added security of this building." Page 3 Animal Control variance File No. ZNCV 01-014 Staff believes that granting this variance, will generate 'mmeasurable impacts upon the neighborhood considering that the property is buffered on the north and on the south by commercial uses; on the east by a City park, and on the west by the railway right,of-way. The fence would also be compatible with other similar improvement as there exists an eight (8)foot perimeter fence on the nearby telecommunication tower site. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein on which staff has placed greater emphasis on the continued satisfaction with the intent of the City regulations, and the efficiency and quality of city services, staff recommends that the subject request be approved; thereby granting relief from the City code to allow the construction of an eight (8) foot high security fence, 'at a variance of two (2) foot over the maximum of six (6)feet allowed by code. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E". MR/dim S:\Planning\SHARED\WP\PROJECTS~Animal Control ZNCV 01-014\STAFF REPORT,doc LOCATION MAP Animal Control EXHIBIT "A" --! '0, 1/8 MILES '0 .400.'800 FEET ExHIBIT."B" SURVEY i BOYNTON BEACH POLICE DEPARTMENT Marshall B. Gage Chief of Police TO: Planning and Zoning Division Animal Control Division 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561)742-6210 Fax: (561)742-6838 FROM: Liz Roehrich, Animal Control Officer RE: Justification for Variance Request Application The following information is in accordance with Step 5 of the variance application regarding the installation of an eight (8) foot security fence at the Animal Shelter. The Animal Shelter is a continual victim of theft/burgulary. Dogs (mostly pit bulls or bulldog-types) are frequently stolen from our facility. The stolen dogs are desirable due to their breed and used for the purpose of intentional/illegal dog fights and related abuses. It is our responsibility to ensure the safety of the impounded animals at our Shelter. Several years ago, a citizen had her impounded dog (a pit bull, but not a fighting dog) stolen from our facility and contacted the media in reference to the lax security of our facility. Of course, we appeared negligent due to the fact that' our personnel and police department were aware of numerous prior animal thefts and the City had not taken any steps to correct the situation. [The citizen ultimately located her dog in West Palm Beach through diligent efforts on the street, following many leads and posting a $200.00 reward. The juvenile who was in possession of her dog stated he bought in on a street corner in Boynton Beach.] Personnel safety is also a major concern. The granting of this request will enable our employees to safely perform their duties in a secure environment. A Shelter employee was the victim of a violent crime while alone at the Shelter. B. The above special conditions do not result from our actions, but our inactions in providing adequate security to ensure the safety of impounded citizen property. C. The granting of this request will not confer any special privilege except the protection against abuse or injury to our impounded animals. D. It is th'e City's responsibility to ensure the safety of impounded animals belonging to our residents. E. The eight-foot fence is a necessity to provide adequate facility security. F. The granting of this request wil not be injurious to the area involved or detrimental to public welfare. On the contrary, the residents of our City will benefit from the added security of this City building. EXHIBIT "E" Conditions of Approval Project name: Animal Control File number: ZNCV-01-014 (fence height) Reference: Z Code Variance Application dated Ma,/21,2001. Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENG G DMSION Comments: None BUILDING DIVISION Comments: None PARKS AND P~CRE^TION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD coNDITIoNs 1. To be determined ADDITIONAL CITY COMMISSION CONDITIONS I. To be determined. [S:\PLANNING\SHARED\WPtPROJECTStANtMAL CONTROL ZNCV 01-014\CONDITIONS OF APPROVAL REAR SETBACK.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF~THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ANIMAL CONTROL VARIANCE APPLICANT'S AGENT: City Of Boynton Beach APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach DATE OF CITY COMMISSION PUBLIC HEARING: July 17, 2001 TYPE OF RELIEF SOUGHT: Fence height LOCATION OF PROPERTY: 415 NE 4th Street DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "E" with notation "Included". o 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\PLANNING\SHARED\WP~PROJECTS~ANIMAL CONTROL ZNCV 01-014'~DEVELOPMENT ORDER REAR SETBACK.DOC Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR/ Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates ITEM F. Ol JLIL -$ 4/Iii: t~$ Date Final Form Mast be Turned in to CRV Clerk's Office July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October2, 2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report Dispopal Well at the West Water Treatment Plant. The five year permit expires on September 30, 2001, and Utilities En~ifleering Consultant, CH2M Hill, has been approved by the Commission on June 5, 2001 to assist with this procehs. PROGRAM IMPACT: This renewal is necessary to comply with F.A.C. Rule 62-528 and provide a permitted means for concentratel disposal. FISCAL IMPACT: The cost is $10,000 and funds are available in account 11405-5000-590-96.02. 1 ALTI',RNATIVES: None, this is an F.D.E.P. Administrative fee required for~Rermit renewal~ Department Name City Attorney / Finance / Human Resources Xc: Bob Kenyon Dave Ailstock Barb Conboy S:~BULLETIN'~FORMS~GENDA ITEM REQUEST FORM.DOC M E M 0 R A N D U M CI-12MHILL Deep Injection Well Operating Permit Application Processing Fee TO: Mr. John Guidry/Boynton Beach FROM: David McNabb DATE: July 5, 2001 As you are aware, CH2M HILL is assisting the City with the renewal of the FDEP deep injection well operating permit. The purpose of this memo is to inform you that FDEP requires that a $10,000 permit processing fee be attached to the permit application. The permitting fee schedule for FDEP permitting is provided in Rule 62-4, FAC. I have attached a copy of the Rule for your records and for reference for future FDEP permitting activities. A check in the amount of $10,000 should be made payable to the Florida Department of Environmental Protection for attachment to the injection well operating permit application. The permit application is required to be submitted to FDEP on or prior to July 31, 2001. A copy of the permit application form indicating that an application fee in accordance with Rule 62-4, FAC, must be attached to the permit application is also provided with this memo. Please contact me at (561) 689-4858 if you have any. questions regarding this matter. MEUO...APP_FEE.DOC DEP 1998 62-4.001 62-4.020 62-4.021 62-4.030 62-4.040 62-4.050 62-4.052 62 -4.055 62-4.060 62-4.070 62 4.080 62-4.090 62-4.100 E;;=c~ive 12-15-98 PERMITS CHAPTER 62-4 PERMITS INDEX 62-4 PAGE Scope of Part I. 4 Definitions. 4 Transferability of Definitions. 6 General Prohibition. 6 Exemptions. Procedure to Obtain Permits and other Authorizations Application. 8 Regulatory Program and Surveillance Fees for Domestic and Industrial Wastewater Facilities and Activities Discharging to .Surface Waters. 27 Permit Processing. 30 Consultation. 31 Standards of Issuing or Denying Permits; Issuance; Denial. 32 Modification of Permit Conditions. 32 Renewals. 33 Suspension and Revocation. 34 DEP 1998 62-4.110 62-4.120 62-4.130 62-4.150 62-4.160 62-4.200 62-4.210 62-4.220 62-4.240 62-4.242 62-4.243 62-4.244 62-4.246 62-4.249 62-4.250 PERMITS Financial ResPonsibility. Transfer of Permits. Plant Operation - Problems. Review. Permit Conditions. Part !1 62-4 34 35 36 36 36 SPECIFIC PERMITS; REQUIREMENTS Scope of Part !!. 40 Construction Permits. 40 Operation Permit for New Sources. 41 Permits for Water Pollution Sources. 42 Antidegradafion Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters; Equitable Abatement. 42 Exemptions from Water Quality Criteria. 48 Mixing Zones: Surface Waters. 50 Sampling, Testing Methods, and Method Detection Limits for Water Pollution Sources. 56 Preservation of Rights. 60 Water Pollution Temporary Operation Permits; Conditions. 60 Effective 12-15-98 2 DEP 1998 62-4.510 62-4.520 62-4.530 62-4.540 PERMITS PART III Scope of Part III. 'Definition. Procedures. General Conditions for All General Permits. 62-4 61. 61 62 63 E;;e¢[ive 12-15-~S 3 DEP 1998 PERMITS 62-4 PARTI GENERAL 62-4.001 Scope of Part I. This Part sets forth prOcedures on how to obtain a permit fr0mthe State of Florida Department of EnvirOnmental prOtection. This Par~ also provides requirements and prOcedures for the issuance, denial, renewal, extension, transfer, modification, required by the Department of EnvirOnmental PrOtection. The Subsection Chapter 373, F.S., except those Flodda Water.I appli as 403. Lawl 373 403. History: · andfathered under Sections F;S; This Part shall not Preclude the ~ents or procedures, for certain types of facilities 373.109, 373.113, 373.418, 403.021, 373.109, 373.409, 373.413, 373.4135, (13)i (14), (15) and (16), 373.4145, 373.418, 373.421, FS. Amended 8-31-88, 7-4-95. 62-4.020 Definitions. When used in: this Chapter, unless the context clearly indicates otherwise, the following words shall: (1) "Annual Average Flow" is the long-term harmonic mean flow of the receiving water, or an equivalent flow based on generally accepted scientific procedures in waters for which such a mean cannot be calculated. For waters for which flow records have been kept for at least the last three years, "long-term" shall mean the pedod of record. For all other waters, "long-term" shall mean three years (unless the Department finds the data frOm that period not representative of present flow conditions, based on evidenCe of land use or other changes affecting the flow) or the period of records sufficient to show a variation of flow of at least three orders of magnitude, whichever period is less. For nontidai portions of rivers and streams, the harmonic mean (Qhm) shall be calculated as Qhm = n I +1 +1 +1 +...+ 1 ~1 Q2 Q3 Q4 Qn Effective 12-15-98 4 DEP 1998 PERMITS 62-4 in which each Q is an individual flow record and n is the total number of records. In lakes and reservoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calculated according to generally accepted scientific procedures, using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal · s and streams, the annual average flow shall be in EPA publication no. 600/6-85/002b pages 142 - reference in. 62-4~246(9)(k), or by other generally accepted sc , using the harmonic mean flow for any freshwater inflow. If there ,rmine the harmonic mean then the harmonic mean shall be ethods as set forth in the E in accepted scientific procedUres. In situations with arge rates~ hold-and-release treatment systems, and annual average flow shall mean modeling techniques that (2) approved L (3) Commission. (4) to O (5) Regulation ~ Management and Regulation ad° (6) in anal concentration a in( here- 62-160, F.A.C. sCientific procedures. ~nalyticai methods F.A.C. "Commission" is the State of Flodda Environmental Regulation n'nit" is the legal authorization granted by the Department to any installation an~ to temporarily as provided in the Operating Agreements Concerning ulation and Wetland Resource Rule 17-101.040, F.A.C. , equipment, facility, or appurtenances is or may be a source of pollution as defined in udes dredging and filling, as these terms are defined smallest concentration of an measured and reported with 99% confidence that the lan zero. The MDLs are determined from the analysis of a specified level. Determination of MDLs shall B to part 136 of 40 C.F.R., 1990, uivalent procedures complying with Chapter (8) "Operation permit" is the legal authorization granted by the Department to for a specified period of time. (9) s a statement or stipulation which is issued with a permit and wt be complied with. E~'ect;ve 12-15-98 5 DEP 1998 be PERMITS "Permit" is the. legal authorization to engage in or conduct any installation, structure, 62-4 precisl~ 62-4 corn S= 264 c closure S Law FS. Hist( Ac Definitio meaning of 62-4.020, the Specifi FS. Law 403J 19, Part 403.061,403.087, 403.088,403.802, 403.817, .), Amended :Joint 3, No. 30, 3, Definitions. be used the or alter 403.804,403.805, i061,403.087,403.088,403.141,403;161,403:182, Formedy 17-4.021. will reasonably be expected to be a source of pollution shall not be operated, maintained, constructed, expanded, or modified without the appropriate and valid permits issued by the Department, unlessthe source is exempted t Effective 12-15-98 6 DEP 1998 ~, PERMITS 62-4 by Department rule. The Department may issue a permit only after it receives reasonable assurance that the installation will not cause pollution in violation of any of the provisions of Chapter 403, F.S., or the rules promulgated'thereunder. A permitted instillation may onlY I~e operated, maintained, c~)nstruct;ed, expanded or modified in a manner that is consistent with the terms of the permit. Specific Authority: 403.021,403.031,403~061,403.088, FS. - L,~w Implemente~: 403.021,403.031,403.061,403.087, 403.088, FS. HiStory: New 3-4-70, Revised 5-17-72, Amended 8-31-88. PrevioUsly numbered as 17-4.03, Formedy -17-4.030. be exem (a) air and Water (b) to~ pollution pul (2) from COl Sp Law 4 03.813, FS, 6-1 Ob 62-4.040 Exemptions. (1) The following installations are exempted from the permit requirements of do not relieve any installation from any other S., or rules of the Department. Other installations m ay of Title 62. es which will not change the quality, nature or quantity of discharges or which will not cause pollution. proposed installation which the Department shall issuance of air or water contaminants in aracter, quality or content, and the use and operation, as to contribute significantly State, so that the regulation thereof is not )n is agency action :and is subject to Chapter ade in writing an~filed by the Department as a f the installation is substantially i,, determined to be materiallY incorrect. pply to the discharge to waters of the state ntrivance or their exhaust system, which lin concentrations above the natural receiving water. .031,403;061, 403.087, 403.088, 403.802, 403.805, New 3-4-72; Revised 5-17-72; Amended 8-7-73, Administrative Procedures Committee , No. 30, 7-29-77; Amended 3-11-81, 7-8-82, ., 12-10-84, 5-8-85, 3-18-86, 8-31-88. Previously numbered as Effective 12-15-98 7 DEP 1998 PERMITS 62-4 62-4.050 Application. forms Department by (2) Al with the Procedure to Obtain Permits and other Authorizations ring additional information as the supporting documents shall be filed in quadruplicate be in F.S. an air F.A.C SM nd shall of 0.200, Si (a) nng of Si process; facility shall bi g Prevention NAA) air operation unit at a fee a. COnstruction permit for an emissions unit having potential emissions of 100 or more tons per year of any single pollutant $ 5000 b. Construction permit for an emissions unit having potential emissions of 50 or more tons per year, but less than 100 tons per year, of any single Effective 12-15-98 8 DEP 1998 pollutant $ 4500 62-4 c. Construction' permit for an emissions unit having potential: emission s of 25 or more tons per year, but less than 50 tons per year, of any single pollutant $ 2000 d. Construction permit for an emissions unit having potential emissions of 5 or more tons per year, but less than 25 tons per year, of any single pollutant $ 1000 e: Construction permit for an emissions unit having potential em issions of less than 5 tons peryear of each pollutant $ 250 3. Operation Permit Fee for an Emissions Unit at a Non-Title V Source. a. Operation permit for an emissions unit required to measure actual emissions by stack sampling $ 1500 b. Operation permit for an emissions unit required to measure actual emissions by any method other than stack sampling (such as visible emissions observation or continuous emissions monitoring) $ 1000 c. Operation permit for an emissions unit not required to measure actual emissions $ 750 4. Similar Emissions Unit Fee. - Where new or existing multiple emissions un!ts located at the same facility are substantially similar in nature, the applicant may '~ submit a single application and permit fee for construction or operation of the emissions units at the facility. To be considered substantially similar each of the emissions units must be substantially similar in regard to each of the following- nominal description or type of emissions unit; type of fuel burned; type of matedai processed, stored, or handled; type of air pollution control equipme~it; regulated~oilutants emi~d; a licable PP emIssions standards; and applicable regulatory control criteria. Fora construction pe Tnit, the single application fee shall be the fee that would apply for a single emissions un t with emissions that equal the total of the potential emiSsions of all of ti~ su ~stantially similar emisSiOns units at the la, iii The fee for'- '= ' . ty. = . an operation permit for a grc,up of similar emissions units at the same facility, submitted under the sa~ne apl ~iication and with the same emissions testing i0r monitoring requirements, shall be thE fee that would apply to any emissions unit ini the group if eaci~ emissions unit were being permitted singly. 5. Multiple Emissions Unit Fee, Department issues a single con. struction or operation permit coveri emissions units or groups of similar emissions units at a facility, the permit fee shall 13e the sum of the fees applicable to each emissions unit and c milar emissions units covered by the pe~nit. (b) Domestic Wastewater Facility Permits. 1. Preliminary Design Report reviews for Types I, II, and I!1 domestic wa~stewater facilities as defined in Rule 62-600.200, F.A.C. For new domestic wa~tewater facilities, the fee for review of a preliminary design report shall be in addition to the application proceSSing fee. E;;e~ive 12-15-98 9 DEP 1998 PERMITS 62-4 Type I Type II Treatment plant with $5000. $3750 facilities, $5000 Type. I $3750 Type II Type III 1 Type III associated transmission/distribution c. Residuais/septage management facility $7500 $4000 $1200 d. Limited wet weather discharge $1000 $ 800 $ 600 2. Wastewater permits for Types I, II, and III domestic wastewater facilities as defined in Rule 62-600.200, F.A.C. Type I Type il Type III a. Treatment plant with or without reuse/disposal system $5000 $3000 $1000 b. Reuse/land application system and associated tranSmission/distribution facilities, when applied for separately from the treatment facility $5000 $3000 $1000 c. Residuals/septage management facility $7500 $4000 $1000 Effective 12-15-98 10 DEP 1998 PERMITS 62-4 dm Limited wet weather discharge $1000 $ 800 $ 600 e. Wastewater permits for Type II! facilities having a permitted capacity of less than 10,000 gallons per day Shall be $600. 3. Wastewater permit fora surface water discharge, when applied for separately from the treatment: facility. a. Type I facility $ 2000 b. Type II facility $ 1000 c. Type III faCility $ 500 4. Minor revisions, as defined in Rule 62-620.200, F.A.C., to wastewater permits for domestic Wastewater facilities other than minor modifications of permits listed in Rule 62-4.050(4)(q). a. $ 500 b. facility $ 300 c. $ 100 5. as defined in Rule 62-620.200, F.A.C., to wastewater wastewater facilities shall require a new wastewater The applicable application fee shall be: a. FOr resulting from substantial modifications to the ilit~ radation determination as specified in Rule 62-4.242, ~ permitted capacity of the treatment, reuse, or disposal report fee specified in subparagraph (4)(b)1. b. from substantial modifications to the antidegradation determination as specified in Rule do not increase the permitted capacity of 50 percent of the preliminary design report fee b)l. I revisions not associated with substantial modifications to specified in subparagraph 62, the treatment, specified c. FOr su t(~)e(b)2. 6. Construction Permit for domestic wastewater collection/transmission system. a. Domestic wastewater collection/transmission system serving 10 or more Equivalent Dwelling Units (EDUs). An EDU is equal to 3.5 persons. $ 500 b. Domestic wastewater collection/transmission system serving less than 10 EDUs $ 300 (c) Industrial Wastewater Facility Permits. E;;,=¢~ive 12-15-98 11 DEP 1998 PERMITS 1. Wastewater permits for Gmu which discharge process' wastewater following industry categories: Ch Metals: 62-4 62420.200, F.A.C., from the ~; Organic ents; Minin Pesticides Cane which follow and industrial facilities Im the Finishing; whic~ :ilities m the Disch~ and PresE Processing; a. b. 4. which discl' Feedlots, E a. 670. b. C. d. 5. which Softening, Treatm~ and than the number of animalS listed in Rule 62- $ :2500 $15oo or 2500 1500 industrial ;nt facilities and similar processes Water 2-1'5-98' 12 DEP 1998 62-4 a. Design daily' discharge flow of greater than 500,000 gpd $ 6000 b. Design daily discharge flow of greater than 100,000 gpd up to 500,000 gpd $ 4000 c. Design daily discharge flow of greater than 10,000 gpd up to 100,000 gpd $ 2000 d. Design 'daily discharge flow of 10,000 gpd or less $ 750 6. Wastewater pen'nits for Group 6 industrial wastewater treatment facilities which discharge once-through non- contact cooling water a. Greater than 100 million BTU/hour heat loss $ 6000 · b. Greater than 20 million BTU/hour, up to 100 million BTU/hour $ 3000 c. Greater than I million BTU/hour, up to 20 million BTU/hour heat loss $ 15oo d. 1 million BTU/hour, or less, heat loss $ 500 7. Wastewater permits for industrial wastewater treatment facilities in industry categories not specified in Groups I through 3 which discharge process wastewater to surface waters, or industrial wastewater treatment facilities which discharge non-process wastewater, as defined in Rule 62-620.200, F.A.C., bUt exCluding once- through non'ContaCt cooling water, to surface waters, a. Design c~aily flow of greater than 500,000 gpd $ 5000 b. Design daily flow of greater than 100,000 gpd up to 500,000 gpd $ 3000 c. DeSign daily flow of greater than 50,000 gpd up to 100,000 gpd $ 2000 d. Design daily flow of 50,000 gpd or less ~ $ 1000 8. Wastewater permits for industrial wastewater treatment facilities in industry categories not specified in Groups 1 th, rough 3 which discharge process waStewater to other than surface waters, or industrial wastewater treatment facilities whl.ch discharge non-proCess wastewater, as defined in Rule 62-620.200, F.A.C., but excluding once- through non~ontact cooling Water, to other than surface waters. a. Design daily flow of greater than 500,000 gpd $ 4000 b. Design 100,000 gpd up $ 2500 c. 50,000 otb d. Design 9. a. Faci b. $ 1500 of 50,000 gpd or less $ 750 .wastewater treatment facilities which ~ surface or ground waters, and are not 10,000 gpd ' $ 500 10,000 gpd or less $ 100 E;;~-u~ive 12-15-98 13 DEP 1998 PERMITS 62-4 Minor revisions, as, 10. permits for industrial wastewater~ listed in Rule 62-4.050(4)(q). b. 11. wastewater wastewater a. facility F.A.C. the full b. facility, 62-4.242, dis C, the facility, 12. be in shall be in 13. ao Engineer or I b. Eh( 14. to wastewater modifications of permits Facilities which have no discharge to surface or ground waters$ 100 others $ 250 revisions, as defined in Rule 62- to ication and applicable fee. The of the treatment or di ~ons resulting:from su re an antidegradatior fee. to the Rule or reater. projects 500 $~: 100 $ 500 1 more than one of the fee categories in be subject to multiple fees, but shall pay the e and Fill) Permits; This Sections not associ larger of the (d) paragraph 373.414(1 projects, or District. 1. a. more acres b. docking facili' (!) and fill construction projects up to and including 5 years: in( pursuant to Rule ~dard form construction pursuant to Rule or more new boat slips 10 or 4000 ~construction of new $ 4000 Effective 12-15-98 14 DEP 1998 (il) 25 ,- 49 new-boat slips (111) 10 - 24 new boat slips (IV) 3 - 9 new boat slips (V) 0 - 2 new boat slips PERMITS $ 3000 $ 1500 $ 500 $ 300 62-4 c. Short form construction projects involving dredging and filling activities that affect 9.99= acres or less of jurisdictional area, pursuant to Rule 62-312.070(2), F.A.C. $ 500 d. Short form construction projects involving the construction of new docking or boardwalk facilities, pursuant to Rule 62-312.070, F.A.C., that provide: (i) 0 - 2 new boat slips $ 300 (11) 3 - 9 new boat slips $ 500 (111) The addition of 3 to 20 docking slips to existing functional docking facilities where the total facility will not exceed 50 slips and the existing and proposed slips are not associated with commercial facilities or facilities which provide supplies or services required for boating activities. $ 500 Dredge and fill construction permits in excess of 5 years: Short form permits from 6 years up to and including e 10 years b. C. d. e. f. Standard form Standard form Standard form Standard form Standard form Standard form Standard form Standard form permits for 6 years permits for 7 years permits for 8 years permits for 9 years permits for 10 years permits for 11 yearn permits for 12 yearn permits for 13 years $ 3000 $ =6000 $ 7000 $ 8000 $ 9000 $10,000 $11,000 $12,000 $13,000 $14,000 $15,000 $16,000 $17,000 $18,000 $19,000 $20,000 $21,000 $22,000 $23,000 $24,000 $25,000 Standard form permits for 14 years Standard form permits for 15 years Standard form permits for 16 yearn Standard form permits for 17 yearn n. Standard form permits for 18 yearn o. Standard form permits for 19 yearn p Standard form permits for 20 yearn q. Standard form permits for 21 years r. Standard form permits for 22 yearn s. Standard form permits for 23 years t. Standard form permits for 24 years u. Standard form permits for 25 years v. 6 to 10 year permits for beach restoration projects approved pursuant to Chapter 161, F.S., and to ['naintenance dredge navigation channels, Port harbors, turning basins and harbor berths located Within deepwater ports, pursuant to Section 403.816, F.S., $ 5,000 E;;ec~ive 12-15-98 15 DEP 1998 PERMITS 62'4 pursuant to the provisions-of Subsection 373.414(15), F.S. x. Modifications involving permits issued pursuant to Section 403.816, F.S. y. Permits for phosphate and attapulgite mines with a duration of > 25 years $ 25,000 $ 1,000 5000 000 20 or 4. of time reclaml maintenance application. permit can 5. categories short form 6. apr a. be (e) thereof, 1. 2. (f) g (13), (14), (1~ 1. Water same as $ 250 permits which involve the alteration of $ 500 determining the fee for wetlands resource duration for the qO gation occurs and only minormonitodng and The fee for the full fitted with the determines the pedod of tin excess fee shall be returned. which involve a combination of the project fee ,~ that applies to the appropriate standard form or F.A.C., shall be charged. permitting standards, permit conditions, or water quality With a .~,etland reSource or mangrove alteration permit the prohibition of Rule 62-31'2.080(7), F.A.C. $ 100 ~ provisions of Chapter 62,321, F.A.C. $ 100 :$ 500 ~rmwater Permits. This paragraph pertains to projects, or portions n the Northwest Flodda Water Management District. Permit for Stormwater facilities ~ , $ 1000 Permit for a stormwater facility $ 100 Permits. This paragraph pertains to projects that have been l to Sections 373.414(11)(1994 Su.pp.), (12)(a)i(1994 Supp.), (16), F.S. MSSW facilities located within the boundaries :of the St..Johns River ~ent District, the processing fee used bythe Department Shall be the in Rule 40C-1.603(4)(a) - (d) and (5), F.A.C, which is adopted and e located within the boundaries of the South Fiodda proceSsing fee used by the Department Shall be the Effective 12-15-98 16 DEP 1998 PERMITS 62-4 same as set forth in Rule 40E-1.607(5) and (6), F.A.C., which is adopted and incorporated by reference: 3. For MSSW facilities located within the boundaries of the Southwest Fiodda Water Management District, the processing fee used by the Department shall be the same as set forth in Rule 40D-0.201 (1) and (2), F.A.C., which is adopted and incorporated by reference. (g) Environmental Resource Permits. For individual, conceptual approval or standard general permit applications that involve a combination.of the fee categories listed in Subparagraphs 1 and 2 below, the highest fee in these Subparagraphs that applies to the project in question shall be the correct application fee, 1. I~di~/iduai ~d Conceptual Approval Perr~its (those svstems that involve 1 acre of constru~ion Or alteration in', on or ;3~er Wetlands or other s~lrface Waters. inv >1(~ .' olve _> 100 over of the am following (I) g > 120 acre feet; (11). serves -> 100 acres; or (!il) provides for the placement of >. 12 acres of impervious surface $ 2,500 b. For the following total acreage Of construction or alteration in, on surface waters: (I) _> 100 acres _ _ $10,000 (11) _< 100 acres and > 50 acres $ 8,000 (!!1) < 50 acres and > 10 acres $ 6,500 (IV) and > 5 acres $ 5,500 (V) :2 acres $ 4,000 (VI) <: acre $ 3,000 c. g 10 or more new boat slips and either capable of impounding > I a total land area > 40 acres, providing for the placement Of _> surface, or involving construction or alteration on or over wetlands or other surface waters, with the following i lips: (I) 50 or more $ 6,500 (11) $ 5,500 (111) $ 4,000 d. For a system involving 10 or more new boatslips and= capable of impounding < 40 acr~ feet, serving a total land area < 40 ac~res, providing for the plaJcement of < 12 aCres of impervious surface, and not involving construction or alteration (other.than new boat slips) in, on or over wetlands 'or other surface waters, with the following number of new slips: g> 120 acre feet, serve .a:total land area 'the placement of > 12 acres of impervious surface): ~ that involves < 1 acre of construction or alteration in, on or 3nd involves < 10 new boat slips but reaches any E~'ec-five 12-15-98 17 DEP 1998 PERMITS 62-4 (i) (11) (!11) e. f. 2. 50 or; more - 30 - 49 1.0 - 29 For a system involving a new ral Permits (those systems below with a total land area acres, (I) alteration (other (ll)i alteration $ 4,000 $ 3,000 $1,500 in >_ 40 or ler waters b. For a system serving a project with acre, with the following additional activities: (!) 3 - 9 new boat slips (11) 1. -2 new boat slips and > 1 7OO a total the (i) (11) ,iii) area 3. 3 - 9 new boat slips - 2 new boat slips or alteration (other than new boat slips) in, on r other surface waters < 1 acre and > 0 acres Mi on bank and Mitigation Bank Conceptual Approval 4. Environmental Resource Permitfor a system serving land area < 40 no construction or alteration in, or other Surface 5. For a Noticed General Permit 6. Variances: $ 600 $ 300 500 fits ) 300 1100 harvesting b. C. 7. To'the prohibition of work in Class II Waters, approved for shellfish $ 10o TO mangrove prohibitions in Chapter 62-321, F.A.C. $ 100 Other variances $ 500 Modifications: total Effective 12-15-98 18 DEP 1998 PERMITS 62-4 a. For major modifications of Individual and Conceptual Approval Permits (no increase in project area) $ 700 b. For major modifications of Individual and Conceptual Approval Permits (with an increase in project area) $ 2,000 c. For major modifications of Individual and Conceptual Approval Permits for solid waste faCilities $ 4,000 d. For major modifications of Standard. General Permits 50% of odginal application fee e. For minor modifications of Individual and Conceptual Approval Permits for solid waste facilities $1 ;500 f. For other minor modifications Fee specified in Paragraph (4)(r) g. For permit extensions $ 50 (h) Petitions for Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters: 1. Petition application fees shall be based on the acreage of the entire property for which the petition is filed, according to the following schedule: a. > 0 acres and _< 1 acre $ 250 b. > 1 acre and ~ 10 acres $ 550 c. > 10 acres and _< 40 acres $ 750 d. > 40 acres and ~ 100 acres $ 1,500 e. For property greater than 100 acres in size, the fee will be $1500 plus an additional $200 for each ac~ditional 100 acres (or .portion thereof) that exceeds the first 100 acres. 2. For a new formal determination that covers property on which a valid formal determination exists, provided that the petition for the new formal determination is iiled within 60 days of the date of expiration of the existing formal determination and the au covered by the Electdc Power Plant Siting ACt. 5. Construction permit for other resource recovery facilities. 6. Construction permit for an incinerator. 7. Construction permit for a yard trash composting facility. physical conditions on the property have not changed, other than changes Ihodzed by a permit, so as to alter the boundaries of surfaCe waters or wetlands, and lvided the methodology for determining the extent of surface waters and wetlands :hodzed by Sections 373.421 and 373.4211 F.S;, has not.been amended since the :vious formal' determination. ' (i) Solid Waste Permits. $ 250 1. Construction permit for a Class I facility. $1;0,000 2. Construction permit fOr a Class il facility. $10,000 3. Construction permit for a Class III facility $6,000 4. Construction permit for a waste-to-energy facility not $10,000 $ 2000 $ 3000 $ 2000 E,,=uuve 12-15-38 1¸9 DEP 1998 PERMITS 62-4 9~ 10. 11. 12. other than a the pel ConstrUction/operation permit for permit for all other solid waste facilities. permit for an offsite Biohazardous Waste ~incinerator. r an, operation renewals. Facility ~s idual shall not Class Iil facility. 18, 20~ 2~ other than a 24. 25~ b; 26. 28. 29. 30. 31. long term 32. Facility. 33. ,ume recovery facilities. 'ator. 3mposting facility. waste facilities. $ 1000 $:r1000 $ lOOO 3000 )ment and Demonstration 1000 $ 50o lass ! facility. lass II facility. Class Iil facility. 'ali other solid waste facilities. $ 2000 $~500 with no other Department permit. (j) Pe!mleum Cleanup General Permits. 1.. S°il thermal treatr~ent -mobile. 1000 7500, 7500, 4000, 1000 of ClOsure permitforlandfills which address only $ 1000 or Opemtion permitsfor Matedals Recovery $'2000 GmundWaterMonitodng Plan Approvals forsolid wastelandfiils $ 500 500 Effective 12-15-98 DEP 1998 PERMITS 62-4 2. Soil thermal treatment - stationary. $ 500 (k) Hazardous Waste Permits. 1. Construction of container ~and/or tank hazardous waste storage facilities. $15,000 2. Construction of container and/or tank hazardous waste facility storage and treatment facilities. $20,000 3. Construction of landfill, surface impoundment, waste pile, land treatment, and miscellaneous unit facilities. $25,000 4. COnstruction of hazardous waste storage, treatment and/or disposal facilities with an incinerator, boiler or industrial furnace for treatment of hazardous wastes generated on-site. $25,000 5. Construction of commercial treatment, storage, and/or disposal facility with a commercial incinerator, boiler or industrial furnace managing hazardous waste generated off-site. $32,500 6. Operation of container and/or tank hazardous waste storage facilities. $10,000 7. Operation of container and/or tank hazardous waste storage iities. $10,000 8. surface impoundment, waste pile, land treatment, and ities. $15,000 9. waste storage, treatment and/or disposal facilities with an inci 'nace for treatment of hazardous wastes generated on site. $15,000 10. Qperation of commercial treatment, storage, and/or disposal facilities with a commercial incinerator, boiler or industrial fumace managing hazardous waste generated off-site. $32,500 11. Closure of container and/or tank hazardous waste storage facilities. $10,000 12. sure of container and/or tank hazardous waste t treatment facilities. $10,000 13. Closure of landfill, surface impoundment, waste pile, land treatment, Previously closed units .required to demonstrate e uivalent clean closure and miscellaneOUs unit facilities, q ~20,000 14. Closure of hazardous waste storage, treatment and/or disposal facilities with an incinerator, boiler or industrial furnace for treatment of hazardous wastes on-site. $15,000 15. commercial treatment, storage, and/or disposal facilities with a incinerator, boiler or industrial furnace managing hazardous waste $32,500 16. waste research, development and $ 4,000 E;;e~ive 12-15-98 21 DEP 1998 PERMITS 62-4 17. Fees for modifications to hazardous waste permits proposed by the permittee or required by DePartment rules shall be determined aS st~,ted below. All modifications listed below require Office for how to determine wh submitting the mq a. uire the existing fee sched~ b. the De its o C. Jm d. specified, require the by facility or the .in a plans, 18. under 40 19. specific fee (I) 1. 2. 3. injection test/injection' ~jection Control Permits. ;lass I .test/injection well. ~struction .=ach Class i exploratory well. istruction permit for each monitoring well assoCiated w ,n not permitted under a Class I exploratory well )00 ich a i00 ~000 Class i to 0,000 Class t to 5. 6. monitoring 7. 8. 9. to convert each well from a each Class I well. convert a Class I injection,well proposed under a construction permit. permit for each Class I well. permit for each Class II! well. permit for each Class III well. 500 100 1000 $ lOOO Effective 12-15'98 D~P 1998 PERMITS 62-4 10. Abandonment permit for each Class ill well. $ 100 11. Construction_permit for each Class V well. $ 750 12. Operation permit for each Class V well. $ 750 13. Abandonment permit foreach Class V well. $ 25 14. General permit for each Class V well. a. General permits requiring Professional Engineer or Professional Geologist certification $ 250 b. General permits not requiring Professional Engineer or Professional Geologist certification $ 25 15. Major modifications are modifications to an injection facility requiring substantial technical evaluation by the Department, and which will not lead to .substantially different environmental impacts (unless those impacts will lessen the ~mpacts of the odginal permit). a. Major modification to a Class I injection facility. $ 1000 b. Major modification to a Class III injection facility. $ 500 c. Major modification to a Class V injection facility. $ 250 16. Mini ~ modifications to an injection facility that do not require a sul le Department, will not result in increased capacity of requ ire a new site inspection by the Department, and will not tead to substantially different environmental impacts or will lessen the impacts of the odginai permit. -b. 17. maximum ' (m) 1. defined in Rule a. b. C. d. e. 2. Rule 62-699.3'10, F.A.C. ae b. c. Treatment d. Treatment e. Treatment f. Treatment Minor modification to a Class I or Class III injection facility. $ Minor modification to a Class V injection facility. $ RE 250 100 of a Class I injection well to the S2-28.230(:l)(e),F.A.C. $ 250 Public Water Supply) Permits. for each Category I through I!1 treatment plant, :with treatment other than disinfection only. MGD and above $ 7500 as - 1 MGD up to 5 MGD - 0.25MGD up to I MGD - 0.1 MGD up to 0.25 MGD MGD 6000 4000 2000 IOO0 r each Category IV treatment plant, as defined in treatment other than disinfection only. 5 MGD and a~3ove $ 7500 up to 5 MGD $ 6000 - 0.25 MGD up to 1 MGD $ 4000 up tO 0.25 MGD $ 2000 .01 up to 0.1 MGD $ 1000 up te 0.01 MGD $ 400 E;;e~;ve 12-15-98 23 DEP 1998 PERMITS 62-4 Rule 62-699.310, F.A.C., -.Disinfection only. plant, public to 4. except a. b. water C. 5. ao 6. expanding th~ pumuant to a. b. C. d. 7. capacity. a. b. (n) Construction permit for each Category V treatment plant, as defined in $ 5000 to 5 MGD $3000 SD $ 1000 Treatment plant - 5 M( Treatment plant - Treatment ' I 0.=01 up Mir I above to 0.1 MGD ~into the $ 500 pursuant well. $ 350 $ 250 well. and are not considered substantial changes $ 2000 $ 1000 :$ 500 $ 100 -no change in the treatment or 0,1 MGD and above $ 300 upto 0.1 MGD $ 100 Temporary operation permits shall be 20 percent over the fee for the operation permit for the activity: to be permitted; (o) General Permit fee for any General Permit not specificaliy listed in Paragraphs (a) through (I): a. General permits requiring Professional Engineer or Professional Geologist certification. $ 250 b. General permits not requiring Professional Engineer or Professional Geologist certification. $ 100 (p) Unless otherwise specified in this rule, the fee for applications for relief mechanisms shall be as follows: 1. Site specific aitemative criteria for each water quality criteria $15,000 2. Variance or exemption for each water quality cdteria $ 6000 3. Variance or exemption for public water system from maximum contaminant level/treatment techniques $ 1000 Effective 12-15-98 DEP 1998 PERMITS Variance from other permitting standards; or conditions Aquifer exemption - major Aquifer exemption - minor $ 2000 $15,000 $ 7500 62-4 (q) Permits to construct or operate any other type .of facility or stationary installation not specifically listed in (a) through (n) $ 100 (r) Minor modi{ications of permits that ;:1o not require substantial technical evaluation by the Department, do not require a new site inspection by the Department, and will not lead to Substantially differentenvironmentai impacts or will lesser~ the ~mpacts of the odginai permit: 1. to correct minor errors or typographical mistakes and that do not involve techniCal review $ 0 e permits issued perform~ work, any otherwise required by th 3. 4. locations, eli permit is iess~ 403.816, F.S. 5. locations, eliminates permit is Industrial Wi Underc, 403.816, F.S. (s) For facility types, eac an 1. 2. (t) pursuant to (u) permit be ren, prorated based Upon issuance applicant. This Permi ' the Department or required through and to change due dates for reporting or ;]es in the due date do not involve any new and will not alter, replace, or performing the work $ o of permits or time extensions $ 50 niCal changes which involve new work, new wori~ change which alters, replaces, or otherwise permit when the odginal permit fee of the issued ns to permits issued pursuant to Section $ 50 changes which involve new work, new work ~ge which alters,~.replaces, or otherwise permit when the odginal permit fee of the issued Domestic Wastewater Facility Permits, (Public Water SupPlY) Permits, issued pursuant to Section $ 250 and fee for the following considered a stationary installation system. ~m. Florida Permit Fee Trust Fund created If the department requires by rule or permit condition that any specific once every five years, the permit fee shall be ~ in effect at the.time of permit renewal. L prorated refund of the fee shall be retumed to the apply to permits issued for less than five years which 25 DEP 1998 PERMITS 62-4 could be extended to five years Without the filing for permits accompanied b~ (v) to S, be Line Siti Departm, F.A.C. (x) an paid to the :In' the )f an the ant lay In), with : fee from the provided in shall by correct of the (e) the begin upon received of receipt or F.S. shall )unt 403.0876, Effective 12-15-98: 26 and DEP 1998 PERMITS 62-4 sh all mean a modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review. (7) Modifications to existing permits proposed by the permittee Which require substantial changes in the existing permit or require substantial evaluation by the Department of potential impacts of the proposed modifications shall require the same fee as a new application for the same time duration except for modification under chapter 62-45, F.A~C. (8) The difference between the processing fee for applications for individual perr?, its and the fee for general permits shall be refunded only for those applications t of a chang~ in D~ being processed. ProceSSing fees for apl permits shall not be refunded in whole or in part where an apl general permit when the project did not qu~ =rocessing commenced. Sp ,373.044, 373.109, 373~113, 373.418, 403.021, 3.031, ,403.087, 403.704(30), FS. ~)44, 373.109, 373.309, 373.409, 373.413, 373.4135, (14), (15) and (16), 373.4145, 373.418, 373.421, 403.0877, 403.088, 403.722, 403.861 (7), FS. ed 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11 3-19-90, 6-11-90, 3-7-91; 3-18-91,5-30-91, 7-11-93, 2-2-94, 7-4-95, 12-15-98. 62-4.052 I Industrial (1) implements annu wastewater perm Rule admi by regulated (2) facilities (a) th; am. or and Surveillance Fees for Domestic and Discharging to Surface Waters. lin Section 403.087(5), F.S., this rule program and surveillance fees (annual fees) for in addition to the application fees described in : theiDepartment's costs for Discharge Elimination SyStem (NPDES) be borne annual fees are applicable only to wastewater to regulation under Section 403.0885, F.S., and the NPDES program. regulatory program and surveillance of wastewater be due and payable as follows: ~rtment administers the'NPDES program, annual which have an NPDES permit for which the authority and shall be due and payable no later Department to administer the program. The annual fee described in subsections (5), (6), (8), (9), portion of the calendar year for which the administer the NPDES program. E.,,~,~u ve 12-15-98 DEP 1998 PERMITS 62-4 (b) in all subsequent years, theentim later than January 15 each year for all facilities that are subjeCt to regu Section 403,0885, F~S., on .that date. (c) When a new wastewater facii be due no ~hail (d) by the water ( fee under th pumuant to (3) denial of an (4) di shall be (5) to surfac~ waters permitted which: weather annual I 7O (a) (c) (d) (e) (f) (g) (h) 21 20 mgd gd or Iai ): ew fee for wet Effective 12-15-98 28 DEP 1998 PERMITS 62-4 (I) 0.010 mgd up. to, but less than, 0.025 mgd $ 300 (j) Less than 0.{310 mgd $ 200 (6) The annual fees for industrial wastewater facilities or activities permitted to discharge to surface waters are based, using only their discharges to surface waters, on the group classifications used in Ruie 62-4.050(4)(c)1. throUgh 7., F.A.C., and the classification of Minor or Major as defined in Rule 62-620.200(22), F.A.C., and are as follows: Major Minor (a) Group 1 $11,500 $ 8,600 (b) Group 2 $ 7,700 $ 5,800 (c) Group 3 $ 3,800 $ 2,900 (d) Group 4 $ 3,800 $ 2,900 (e) Group 5A $ 9,200 $ 6,900 (f) Group 5B $ 6,100 $ 4,600 (g) Group 5C $ 3,100 $ 2,300 (h) Group 5D $1,150 $ 850 (I) Group 6A $ 9,200 $ 6,900 (j) Group 6B $ 4,600 $ 3,500 (k) GroUp 6C $ 2,300 $1,700 (I) Group 6D $ 800 $ 600 (m) Group 7A $ 7,700 $ 5,800 (n) Group 7B $ 4,600 $ 3,500 (o) Group 7C $ 3,100 t.. $ 2,300 (p) Group 7D $1,500 $1,100 (7) The following provisions apply in specific circumstances: (a) A permitted facility which falls in more than one of the fee categories in subsections (5) or (6) shall not be subject to multiple fees, but shall pay the larger of the fees. However, multiple wastewater permits issued pursuant to Chapter 62-620, F.A.C., authorizing discharges to surface waters through a common outfall shall be subject to individual fees; (b) When a facility has a discharge to surface water consisting of stormwater only which is regulated by the EPA, no annual fee shall be required; and (c) When the 'discharge to surface waters consists'of both stormwater an d wastewater, the annual fee for categories which vary according to the flow of the facility shall be based on the volume of the wastewater permitted to be discharged. However, -facilities with stormwater-only discharges regUlated~in its wastewater permit pursuant to Section 62-620.~, F.A,C.,shali pay an additional $200 per ouffail per year, up to the maximum amount set forth in Section 403.087(5), F.S. The additional fee for stormwater-only discharges dOes not apply to internal stormwater streams. E~e,~.ive 12-15-98 29 DEP 1998 PERMITS 62-4 (8) The annual fee for domestic or industrial wastewater facilities or activities which fall in one of the categories below shall be as follows: ~. (a) Facilities whibh use an underground injection well for effluent disposal and are permitted to discharge to surface water only dudng mechanical integrity tests $ 200 land (9) projects general annually. water for water. the permit: 1. that do not include effluent limitations on intemal waste streams established to protect surface water quality $ 200 2. that include effluent limitations on internal waste streams established to protect surface Water quality $2400 (c) FaCilities which are permitted to discharge to surface waters only for emergencies, aS speCified in the permit $:200 (d) :The annual fees described in paragraphs (a) through (c) of this subsection shall be the only annual fee for such facilities and shall be due and payable' regardless rge actually occurs during the year. fee for petroleum contaminated ground water clean up to discharge to surface waters for more than 30 the fuel contaminated ground water clean up 850 I~be no annual fee for projects authorized to discharge to surface days or for discharges of uncontaminated produced ground (10) ' There shall be no annual fee for use of the ge~neral permits in Chapter 62- 660, F.A.C. (11) In addition to any annual fees described in subsections (5) and (8) of this section, a municipality which has an approved pretreatment program shall pay an additional Specific h FS. Law Im 403.0885, FS. History: New ,95. 62-4.~055 Permit Processing. (1) Within thirty days after receipt of an application for a permit and the correct processing fee the Department shall review the application and shall request submitt~,l of additional information the Department is authorized by law to request. The applicant shall have ninety days after the Department mails a timely request for additional information to submit that information to the Department. If an applicant reqUires more than ninety days in which t° respond to. a request:for additional information, the apPlicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for one additional pedod of up Effective 12'15,98 3O DEP 1998 PERMITS . 62-4 to ninety days. Additional extensions shall be granted for good cause shown by the applicant. A showing that the applicant is making a ~liligent effort to obtain the requested additional information shall constitute goc~d cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application. (2) If the applicant believes uest for additional information is 120.57 (3) additional information. (4) infOrmatiOn is shall begin in wdting apl ~earing .pursuant to the such :1 such process the believes · rule. The Departmenl (5) pe! The History: New Amended 8-16-98. applicant's req~ to the uest. led within 90 days after receipt of the .=stE dadditionai material, or the g he permit application, whichever occurs :1o not apply to hazardous waste facility or to other permitting for which there are other t/: 120.54(5), 40~.061,403.0 FS. 403.062, 403.087, 403.0876, Amended 8-31-88, 7-11-93, Formerly 17-4.'055, 62-4,060 Consultation. ThE Applicant, or his engineer, is encouraged to consult with Department personnel bef, 3re submitting an application, or at any other time concerning the operation, co~ struction, expansion, or modification of any installation or concerning the required pollution control devices or system, the efficiency of Such devices or system, or the poll ution problem related to the installation. However, any representation bY the De[~artrnent shall not relieve any person from any requirement of Florida law. SpE~cific AuthOrity: 403.021,403.031,403.061,403.088, FS. Lav~ Implemented: 403.021,403.031,403.061,403.087, 403.088, FS. E;;,ec~ive 12-15-P,8 31 DEP 1998 Hi,' 1 62-4.070 (1) reas¢ equil O forth in dete~ with to years u Recess; of the application, right to request (7) the S Law lm numbered as 62-4. (1) requested, the conditions. the may grant PERMITS 62-4 [ Amended 8-31.88. Previously numbered as 174.06, Formedy pon st al. in umes may violation of the 403.061, 2-1-83, 12-3-84,~ .088, FS. 1,88, 3-28-91. Previously hearing, if to conform to. new or additional time to conform to Effective 12-15-98 32 DEP 1998 PERMITS 62-4 For the purpose of this section, good cause shall include, but not be limited to, any of the following: (a) A showing that an improvement in effluent or emission quality or quantity can be accomplished because of technological advances without unreasonable hardship. (b) A showing that a higher degree of treatment is necessary to effect the intent and purpose .of Chapter 403, F.S. (c) change in the environment or surrounding Conditions that requires al applicable airor water qualitystandards. (d) a showing that new or changed classification of the water requires a modification of the discharge. (e) 'Adoption or revision of Florida Statutes, rules, or standards which require the modification of a permit condition for compliance. (2) A permittee may request a modification of a permit by applying to the Department. (3) A permittee may request that a permit be extended as a modification of the permit. Such a request must be submitted to the Department in wdting before the expiration of the permit. Upon timely submittal of a request for extension, unless the pe~'rnit or rule, the permit will remain in effect until final agency For construction permits, an extension shall be demonstrate reasonable assurances that, Upon completion, th~l extended with the standards and conditions required by ap permits, an extension shall be granted if the that the extended permit will comply )plicable to the odginai~.permit.. A permit for which th~ accordance with Subsection 62-4,050(4)(1), F., ,.C., . In no event shall a permit be extended or remain in ~d by statute or rule. 31,403.061,403.088, FS. 403.061,403.087, 403.088, FS. 3-19-90. Previously numbered as 17-4.08, 62-4.090 Renewals. (1) Renewals. r to 135 days before the expiration of a hazardous waste operation permit, 180 expiration of a permit issued pursuant to Chapter 62-213, F.A.C., c'a h tus waste closure per'nit, o~' sixty d;ys before the ;~pir~tion of any other Department operation permit, the permittee sh~ll al~ply for a renewal of a peFnit using forms incorporated by reference in the specific rule chapter for that kind of pe.Fnit. A renewal application shall be timely and sufficient. If the al~plication is subm. itted prior to the ed al ove before expiration of~the p~rmit, it will be considered timely and If the renewal application is submitted at a later date, 2-15-98 33 DEP 1998 PERMITS 62-4 it will not be considered timely and sufficient unless it is submitted and made com pdor to the expiration of the operatiOn appl timely and sufficient, the existing perm application has acted if there, is court review of the De History: 62-4. (1) expired and (2) finds th reports. (b) (c) Department (d) (4) personal servi F.S., upon the time alleged to be SI Law Im Histc 8-31-88. 62-4.1 The may require law and D No revocation n control laws and'rules shall be grounds for ent: not becom fit if it by ~1,403.061, Revised ~ as 17-4.10~ Formedy 17-4~100. be FS. or rule approp pliance with the Effective 12-15-98 34 DEP 1998 PERMITS 62-4 Specific Authority: 403.061, (7), FS. Law Implemented: 403.021,403.031 ,-403.061,403.087, 403;088, FS. History: New 5-17-72, Amended 8-7-73, and 8-31-88. Previously numbered as 17-4.11 Formerly 17-4.110. , 62-4,120 Transfer of Permits. (1) Within .30 days after the sale or legal transfer of a permitted facili an "Application for Transfer o~ Permit"/D=~ =..'-" ~,, 4 ............ .ty, . D~-artm--' '"'-~ ' . . .-. ~ .,-- ,,~,,.~.,. o.--~...u/[~)) must De submitted to the ~ p .. ~n[./hIS form mu.st De completed w~th the notarized signatures of both the permlttee an( )roposea new permittee. (2) ThE ~nt shall approve the transfer of a permit unless it determines )posed new permittee cannot provide reasonable assurances that conditions of the permit will be met. The determination shall be limited solely to the ability of the new permittee to comply with the conditions of the existing permit, and it s~all not cone permit conditions. If the Department proposes to den~ the permittee and the proposed new permittee a wdtten object ;r together with notice of a dght tO request a Chapter 120, F.S., determination. (3) Withi receiving a properly completed Application for Transfers- of Permit form, ent shall iSsue a final determination. The Department may toll the time for )n on the transfer by notifying both the permittee and the proposed new permittee that additional information is required to adequately review the transfer request. Such notification shall be served within 30 days of receipt of an Ap[ rm, completed pursUant to subsection (1); if the De[; to approve or deny the'transfer within 30 days of receipt of the ( for ~ransfer of Permit form, or within 30 days of receipt of the ~y= requested, additional information, the transfer shall be dee~ed approved. (4) The permittee is encouraged to apply for a permit transfer prior to the sale to°r thelegaisaletransferor legai°f [-i°wever, the transfer shall not b~ effective prior (5) roved by the Department, the permittee and any other person con., )perating, or maintaining the permit:ted facility shall be liable fo~ th~ permit~ The permittee transferring ihe permit shall that may be required as a result of anY violations occurring prior to of the facility. Spe~.ificAuth 403.031 403.061,403.088, FS. Law lmplem' ' Hi~tory: New ,403.061,403.087, 403.088, FS. 5,!7-72, 8-31-88, 3-19-90. Previously numbered as 17-4.12, Formerly: Effective 12-15-98 35 DEP 1998 62-4.130 if the due to the correct th, Sp Law 17-4.13 PERMITS Plant Operation - Problems. iately notify' n as to the cause of the 62-4 fit ease umbered as fil F S Histo 17-4, a headng within 14 021,403.031,403.061, ded 8-31-88. 3r All in this 'Sectiom on notice for and in the (3) of th fights, nor any i not a waiver of other aspects ~ (4) recognition or submer the foil?Wing general conditions: limitati~3ns ;[nd reStriCtions set forth are binding and enfomeable Pursuant to . or 403.859 through 403;~61, F.S. The Pe~ittee is placed Lrtment will review this permit periodically and may initiate violation of these conditions. lt. issuance Neither ~onal for provided an State the use of 12-15-98 36 DEP 1998 PERMITS 62-4 have been obtained from.the State. Only the Trustees of the Internal Improvement Trust FUnd may express State opinion as to title. (5) This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property causec~ by the Construction or operation of this permitted source, or from penalties therefore; nor does it allow the Permittee to cause PollUtion in contravention of Flodda Statutes .and Department rules, uhless sPecifiCally authorized by an order from the Department. The prcpedy operate and maintain the facility and systems o appurtenances) that are installed and used by the permittee ~ the conditions of this permit, are required by DIepartment rules. This provision includes the cperation of backup or auxilia facilities or similar systems when necesSary to achieve com.,l~ ....... ~,~..,-:- -~---.-. ry. :' .... . ~,,(~,,,.~ WJUl the conal~lOnS Ot me permit ana when required by Department rules. (7) The authodzed as permitted ~ (a) of the permit; (b) required under this (c) reasonable ~ Reasonable (8) If, for CC permit, specifically agrees to allow upon presentation of credentials or other documents d at reasonable times, access to the premises where the tO: Have access toand copy any records that must be kept under conditions equipment, practices, or operations regulated or (a) (b) The perio( corrected, the ~the nonc being taken to pe.m)ittee shall be subject , the pei'rnit. (9) In accepting this permit, the records, notes, monitoring data and othe~ operation of this permitte~! source whiCh ~ by,he Departme~lt as evidenc® in any en' adsing under the FlOdda Statmes or bep~ pr~scdbed by Section 403.111 and 403.7. the. extent it .is consistent With tl~e Flodda evidentiary rules. ' substances or parameters at any location this permit or Department rules. the nature of the concem being investigated. , the perm ittee does not cc ~hply with or will be unable to specified in this permit, 'the permittee shall the following information: pliance; and including dates and times; or, if not is expected to continue, and steps recurrence of the noncompliance. The all damages which may result and may be for penalties or for revocation of this )ermittee understands and agrees that all information relating to the construction or Lre submitted to the Department may be used =orcement case involving the permitted source rtment rules, exceptwhere such use is I, F.S. Such evidence shall only be used to =lules of Civil Procedure and appropriate Effective 12-15-98 37 DEP 1998 PERMITS 62-4 with ,chan with ard. ie 401, P (a) (d), (14) (a) under [ records will (b) permit reco records and required by data used t¢ at least throe yea~ unless (c) 1. 2. 3. 4. 5, 6. (15) corn submitted or such facts o~ ~is permit also constitutes: ~e Performance Standards ~iy with shall ~fuJ (Section required il this ent, mpc )rds of all be retained )lication ~hail within a eeded to determine le relevant facts were not ir in any report to the Department, 38 DEP 1998 PERMITS 62-4 (16) In the case of an underground injection control permit, the following permit conditions also Shall apply: (a) Ali reports or information required by the Department Shall be certified as being true, accurate and complete. (b) Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any.corn pliance schedule of this permit shall be submitted no later than 14 days following each schedUle date. (c) Notification of any noncompliance which may endanger health or the environment shall be reported verbally to the Department within 24 hours and again within 72 hours, and a final wdtten report provided within two weeks. 1. The verbal reports shall contain any monitoring or other information which indicate and any that any contaminant ;may endanger an underground source of ddnking water nonCompliance with a Permit condition or malfunction of the injection ~stem which may cause fluid migration intO or between underground sources of drinking water. 2. The written submission shall contain a description of and a discussion of the cause of the noncompliance:and, if it has not been corrected, the anticipated time the noncompliance is expected to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance and all information required by Rule ,- 62-528.230(4)(b), F.A.C. (d) The Department shall be notified at least 180 days before conversion or abandonment of an i~jection well, unleSs abandonment within a lesser period of time is necessary to protect waters of the state. (17) The following conditions also shall apply to a hazardous waste facility permit .... (a) The following reports shall be submitted to the Department: 1. Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, th e permittee shall attempt to rectify the discrepanci/. If not resolved within 15 days after the waste is received, the permittee shall immediately submit a letter report, including a coPY of the manifest, to the Department. 2. U~manif~sted waste report. The permittee shall submit an unmanifested waste report t° the Department within 15 days of receipt of unmanifested Waste. · 3. Biennial report. A biennial report covering facility activities dudng the previous calendar year shall be submitted by March I of each even numbered year pursuant to F.A.C. (b) environment, dd~king could ~reaten verbally 5 days. number of thl endanger health or the any hazardous waste that may endanger public fire or explosion from the facility which health outside the facility, shall be reported 24 hours, and a written report shall be provided within :Shall include the name, address, I.D. number, and telephone or operator, the name and quantity of 39 DEP 1998 PERMITS 62-4 materials involved, the extent of~ submission shall containi 1. A description and cause of the' 2. If n, (c) assessment of S Law FS. '17-4,160. Part II SPECIFIC PERMITS; REQUIREMENTS 62-4.200 Scope of Part I!. This Part sets forth additional requirements for certain Department permits, exemption~ from permitting, requirements for mixing zones and zones of discharge, and related requirements. The prOVisions of this Part, except for Sections 62-4.2742, 62-4.243, 62-4.244, and 62-4,246, F.A:C., Shall not apply to activities regulated under Part IV of Chapter 373, F.S., except thoserraCtivities in the geographical territory of the Northwest Florida Water Management Distdct and to those acti~/itiesgrandfathered under Sections 373.414(11), (12)(a) and (16), FS. S 403.031 403.031,403.061 History: New 5,1 373.044,373.109, 373.113,373,418,403.021, 09,373.409, 373.41:3,373.4135, and(16),373.4145,373.418,'403.021, Amended 8-31-88,7-4,95. 62-4.210. (1) No be expected to. De a Permits. installation or facility which will reasonably without first applying for and le Department unless exe~l~t~d by statute or Part I of this Chapter, applicants for submit the following as applicable: n forms furnished by the Department. E;-;e~ive 12-15-98 DEP 1998 PERMITS 62-4 2. types and quantities of all waste material to be generated whether liquid, gaseous or solid,. 3. proposed waste control facilities, 4. the treatment objectives, 5. the deSign criteda on which the control facilities are based, and 6. other information deemed relevant. Design criteda submitted pursuant to subparagraph 5. shall be based on the results of laboratory and pilot-plant scale studies whenever such studies are warranted. The design efficiencies of the proposed waste treatment facilities and the quantities and type~ of pollutants in the l~rea'ted effluents or emissions shall be indicated. Work of this nature shall be subject to the requirements of Chapter 471, F.S. Where confidential records are inVolved, certain information may be kept confidential pursuant to s. 403.111, F.S. (c) The owners' wdtten guarantee to meet the design cdteda as accepted by the Department and to abide by Chapter 403, F.S. and the ruleS of th® Department as to the ( of owner may bE financial res; the owner's financial resources experimental in nature. (2) determined by (3) allowed a per the installation. The )nd or other equivalent evidence of ; with such conditions in instances where or proposed control facilities are contain conditions and an expiration date as to construct, the permittee shall be test to and, 17-4.210. Effective 12-15-98 41 DEP 1998 PERMITS 62-4 62-4.240 Permits for Water Pollution Sources. (1) Any person intending to shall make application tO the Del: made .in accordance= with Part I ( include: e State be and shall (b) effi( are (3) (a) permitted; facility De De waters (4) No renewal will them. S Law History: New 5-1 Formerly 17-4.240. )-4-89. 62-4.242 Antidegradafion Permitting Requirements; Waters; Outstanding National Resource (1) (a) set forth in R (b) Ir quality dec. and balance 1. to the public health. ~et Rules 62-302.100, an( if applicable, 62~302.700); and )artment. discharge ~ .... for -~ J FS. 17-4.23, Florida iicy Effective 12-15-98 42 DEP 1998 PERMITS 62-4 2. Whether the proposed discharge will adversely affect conservation of fish and wildlife, including endangered or threatened species, or their habitats; and 3. Whether the proposed discharge will adversely affect the fishing or water-based recreational values or madne productivity in the vicinity of the proposed discharge; and 4. Whether the proposed discharge is consistent with any applicable Surface Water Improvement and Management Plan that has been adopted by a Water Management District and appr(~Ved by the [ (c) In (other than st(~ to clearly in the public interest, the permit 1. Reuse of 2. USe of would minimize (2) (a) p.rop. any 1. in order for a proposed discharge of Chapter 62-25, F.A.C.), :es which that neither of reasonable: the use of land application, or reuse that certification shall be issued for any Flodda Waters, or which with other stationary installations, cant affirmatively demonstrates that: recirculated c°olir[g water system of a r of discharge; or, b. which shellfish, fish; e~t.ablished taki and, ¢. boundary of 2. The either a. such deSignation;, or, b. The 62-302.520(4), F.A.C., at the point to Rule 62-302.520(5)(b), F.A.C., balanced '~digen0uS p(~pulation of Florida water, and which is ~nai or ecological significance of such water, Rule 62-302.520(4), F.A.C., at the 62,~02.520(6)(b), F.A.C.; or, clearly in the public interest; and has been issued or an application for ~ of the Outstanding Florida= Water within Outstanding Florida Waters will not be ty or discharg~i e:~cept on a temporary od not to exceed thirty da~s~ flowered water quality would occur within a restricted mixingzone approved by the Department; and, water quality criteda would not be violated outside the restricted mixing zone. The Effective 12-15-98 DEP 1998 Department may-al Iow an degradation for a period suitable employe or to mail Water desi, subpa~ Department are dra' 3. not shall mean either (1) of an 0 pnor Department complete on (d) discharge to which Flodda where th~ necessitate (e) Department, (f) apply i~ of Engineers ~ under 2. 3. Department PERMITS :le quality. 62-4 unavoidable and where use da for of of ar,- cyclic · which and administered by the shall not Jation ), F.A.C.; or Effective 12-15-98 DEP 1998 62-4 4. Any other permittable project of the Army Corps of Engineers deemed ecessary by the Department pursuant to the considerations referenced in Rule 62-302.100(10)(c), F.A.C. (3) Standards Applying to Outstanding National Resource Waters: (a) All that may cause degradation of water quality in are prohibited, other than: that are exempted by statute from Department permittin 2. 62 water (c) Resc Each is Florida Statutes: 1. Water quality reclassification tO a class with less stringent criteria is not allowed (Rule62;302.400, F .). 2. be issued other than those for the Rule ~,1)(a)1. :dbed in Rules 62-4.242(2)(a)1 .b., ;. have the result of clearly enhancing the prohibited. National a reference to rules or 62-6.020(5), 6. 7. W; tional (d) exempted, or effective date apply to' activity (e) contributes Water (4) (a) Permits not be u., issued perrn not be renewed (Rule 62-4.250, F.A.C.) can not be issued (62-4.243; F.A.C.). and 403.938, F~S.) in Outstanding Florida also apply in Outstanding existing activity permitted, for permit was filed, on or before the ~rce Water designation; nor shall it there is no modification of the any activity which an Outstanding National Resource year. the quality of tificially lowered below the quality ' such waters, no new activity or construct unless the applicant Effective 12-15-98 DEP 1998 PERMITS 62-4 of the 2. standal (b) among pe fail to meet~ res Departm~ :e' aChieved would not be violated as a result large; The proposed activity or discharge is necessary or desirable under federal the such dischar one or water ¢ existing name under: munic~ 4. to meet; joined requirinc~ contribute to ~ for of egal ed the ina ; waters be which Effective 12-15-98 46 DEP 1998 P 62-4 petition. A motion for joinder shall be'filed within 20 days of receipt by the movant of notice that it has been joined in the proceeding. (d) License applications filed by the petitioner, or any other party, for waste discharges which are identified pursuant to SUbsection paragraph (2)(c) a~bove in the equitable allocation Section: shall be deeme~! incomplete or the subject of , F.S. However, if an application fo~ remain in full force and effect or modified pursuant to paragraph (2)(k). (e) qu Prior to determinin ity for lent shall determine the percentage and by each of the stationary under paragraph neet the water quality that the Department, upon Petition .A.C., may establish more ;~tions. For ;hall assume '- an adjacent state as a separate point installations ~ any econor 2. r required the maximum (ii) of 3. party, if any. 4. )ursuant to of:each~ the of the abatement achieved by any, by each of those stationary anY, with. respect to each, along with said abatement techniques. ~ abatement techniques the degree inder paragraph (e), or le. pollutants Iraph (e) and the approximate percentage ed, impacts of additional abatement on each Other environmental impacts of available abatement techniques. Effective 12-15-98 47 DEP 1998 PERMITS 62-4 (g) In determinin Department shall the [rtment, and com[ qu~ disc ag shall in 'the the whi~ parac. Law 403.1~ 12-11 403.101, (1) supplies, (a) applicant, rai water ~rmit a Effective 12-15-98 DEP 1998 ' PERMITS~ 62-4 newspaper of general cimulation in the area of the waters affected, and after opportunity for public hearing pursuant to Chapter 120, Florida Statutes, issue an Order for the duration of the permit specifically exempting a soume of pollution from the Class IV water quality criteria contained in Section 62-3.131, F.A.C., for wholly artificial bodies of water upon affirmative demonstration by the Petitioner of the:following: 1. 2. 3. the waters are not used for recreation; and, 4. compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life using the waters; and, 5. granting the exemption will not interfere with existing uses or the designated use of an environmental,, 6. the economic ex~ compliance; lc, environmental igh the social, and social costs of compliance with the I, economic and social benefits of available technology; or, 8. thee so hig 9. (b) sought. (c) substantial the presently specified water quality criteria cannot be met with currently with the presently specified criteria involved are over a considerable period of time; or, hardship will occur. ;iy demonstrate, those criteria which the ~ to the waters for which the exemption is The Secretary shall specify, by Order, only those criteria which the ;n demonstrated by the preponderance of competent (d) modify the Petitioner's permit consistent with the Secretary's Order. (2) Exemptions for Water Bodies Classified for Navigation, Utility and Industrial Use. (a) 0 for the V water demonstratio~ 1. the E r upon the petition of an affected person or permit the Flodda Administrative Weekly and in a in the area of the waters affected, and after )ursuant to Chapter 120, Florida Statutes, issue an Order sources of pollution from the Class 62-3.141, F.A.'C., upon affirmative the following: is in the public interest; and, Effective 12-15-98 49 DEP 1998 4 protection existin, compliance; 5. available 6. so high 7. (b) Petitioner bel sought. (c) Secretary PERMITS O! 62-4 the currently involved are the is S 403.062, 403.08.7, 403.504~ 403~704, 403,804, 403.805, FS. Law Implemented: 403.021,403. 21,403.141, 403.16i, 403.182, :403.201,403.502, History: New 3,1.-~9, Amended 1-1-83, .1-83, 8-31-88, Formedy 17-4;243. 62-4.244 Mixing Zones: Surface Waters.. (1) Zones of mixing for non-thermal components of discharges. (a) The Department may allow the water quality adjacent to a point of discharge to be degraded to the extent that only the minimum conditions described in Section 62-3.051 (1), Flodda Administrative Code, apply within a limited, defined region known as the mixing zone. Under the cimumstanC~s d~fined elseWhere in this section, a mixing zone reduce the shall be of water. (b) A 1. flow conditionS J so as to provide an opportunity for mixing and thus to However, nc mixing zones impair any of the deS gnated ;I body body of water including present and future and future soumes of Pollutants. Effective 12-15-98 5O DEP 1998 PERMITS 62-4 2. The nature, volume and frequency of the proposed discharge including any possible synergistic effects with other pollutants :or subStances which may be present in the receiving body of water. 3. The cumulative effect of the: proposed mixing zone and other mixing zones in the vicinity. (c) Exceptfor the thermal component of discharges and nitrogen and Phosphorus acting as nutrients, mixing zones which do not adhere to all of provisions (1)(d) through (1)(i) below shall be presumed to constitute a significant imp~.irment of the designated uses of surface waters of Clas~es I, II and II1.. An ~applicant for a mixing zone ma~/obtain an eXemption from these limitations as follows: al: the is Department a provide public notice, which shall be prepared or ;leneral circulation in the area in which lall identify the specific exemption it is me, date and place of a public meeting at which, if the meeting ments to the requested exemption. The request such a public meeting by contacting the in the Florida 3. mixing comm[ any of 4. requirements any significantly (e) or length zo~.e be larger water to m~ impair the d mixing zone. (g) I~ the area of a mixir ;. If there is no such request, a public meeting which will be held if onsider public comments on the exemption lail also provide for public.nOtice of the meetirig ~ demonstrate to the .Department that the nificant adverse effect on the established receiving body of water or'(~therwise significantly impair receiving body of water. demonstrate to the .Department the met. drinking water supply intake or of such mixing zone would is used. nursery area of indigenous aquatic life ~mental Protection for shellfish rivers, streams, and other similar water bodies, the maxi mum shall be no more thani 800 meters. In no case, shall a mixing for the discharge to completely mix with the reCeiving ~dards, and in no case shall a mixing zone significantly the water body other than within the boundaries of the s, bayous, sounds, and :coastal waters, square meters unless a lesser area is Effective 12-15-98 51 DEP 1998 PERMITS 62-4 necessary to prevent sig~. mixing zone :be larger ~ (h) In op, meters unless a lesser area is neceSsa desi n no case shall a a zones in a given' Water body shall not cUmUlatively exceed the 'eams, and tributaries thereto and other similar li. and, 2. Units above (k) of (d) desi (2) The com (3)(a) standards determining concentratio~ scientific nd. F.A.C., and Shall g body of Water. fixing zone for any on of its of the total ~3idity ~ns r e unless ~r that minimum In g 50% of the aq~ oxyg 'liter at any time or place. (b) open ocean owing conditions a~ 1. is, cdtical con of the effluent ! stream flow. Effective 12-15-98 52 DEP 1998 PERMITS 62-4 2. High rate diffusers or other similar means are used to induce rapid initial mixing of the effluent with the receiving waters such that exposure of organisms to lethal concentrations is minimized. 3. Toxicity must be less than acute (as defined, in Rule 62-3.021 (1), F.A.C.) no more than a distance of 50 times the discharge length scale in any spatial direction. The discharge length scale is defined as the square-root of the cross-sectional area of any discharge outlet. In the case of.a multipo~ diffuser, this requirement must be met for each port using the appropriate discharge length scale of that port. This restriction will ensure a; dilution factor of at least 10 within this distance under all possible ci.rcumstances, including situations of severe bottom interaction, surface interaction, or lateral merging. 4. The effluent when diluted to 30% of full strength, shall not cause :more than 50% mortality in 96 hours (95 hr, LC50) in a species significant to the indigenous aquatic community. 5. If the following pollutants are present in the effluent, their concentrations (in the effluent) shall not exceed the values listed: Acrylonitdle 65 ug/I Alddn 7.5 ng/I Dieldrin 7.5 ng/I Benzene 4 mg/I Benzidine 53 ng/i Beryllium 6.4 ug/I Cadmium 100 ug/I Carbon Tetrachlodde 694 ug/! -~ Chlordane 48 ng/I Hexachlorobenzene 74 ng/I Chlorinated ethanes: 1,2-dichioroethane 24.3 mg/I 1,1,2-tdchloroethane 4.2 mg/I t,l,2,2-tetrachloroethane I mg/I Hexachloroethane 874 ug/I Chloroalkyl Ethers: bis(chloromethyi) ether 84 ng/I bis(2-chioroethyl) ether 136 ug/I Chloroform 1.57 mg/I Chromium (hexavalent) 0.5 mg/I DDT 2.4 ug/I Dichlorobenzidine 2 ug/I 1,1-Dichloroethylene 185 ug/I Dinitrotoluene 11 ug/I Diphenqlhydrazine 56 ug/I Effective 12-15-98 53 DEP 1998 PERMITS 62-4 Ethylbenzene Halomethanes 33 mg/I 540 ug/I 1.6 mg/I 29 ng/I 31 aromatic hydrocarbons ~rinated biphenyls (PCBs) Thallium Toxaphene Trichloroethylene Vinyl Chloride 1 mg/I 124 ug/I 3 ug/I 8 ng/I 100 ug/I 885 ug/ 480 ug/I 73 ng/I 8 mg/I 52 mg/I (c) For open ocean discharges, the effluent when diluted to 30% full strength, shall not cause more than 50% mortality in 96 hours (96-hr. LC50) in a species significant to the indigenous aquatic community. Rapid dilution shall be ensured by use of multiport diffusers, or a single port outfall designed (by a~professional engineer registered in Florida) to achieve a minimum of 20:1 dilution of the effulent prior to reaching the surface. This dilution shall be determined using the plume model described in the EPA document, "Initial Mixing Characteristics of Municipal Ocean Discharges: Volume 1. Procedures and Applications;" using the "Single plume, stagnant ambient" procedures, or as established by field measurements, or an equivalent methOd previously approved by the Department. The discharge shall otherwise comply with federal law. (4) Except for the minimum conditions of waters as specified in Section 62-3.051, F.A.C., and the provisions of Section 62-4:244, F.A.C., no other water quality criteria apply within a mixing zone. (5) Mixing zones for dredge and fill permits shall not be subject to provisions (1)(c) through: (1)(j), (2), (3), or (4) of this sect!on, provided that applicable water quality standards are met at the boundary and outside the mixing zone. (a) The dimensions of dredge and fill mixing zones shall be proposed by the applicant and approved, modified or denied by the Department. (b) Criteria for departmental evaluation of a proposed mixing zone shall include site-specific biological and hydrographic or hydrological considerations. Effective 12-15-98 54 · DEP1998 PERMITS 62-4 (c) In no case shall the boundary of a dredge and fill mixing zone be more than 150 meters downstream in flowing streams or 150 meters in radius in other bodies of water, where these distances are measured from the cutterhead, return flow discharge, or .Other points of generation of turbidity or other pollutants. (6) Where a receiving body of water fails to meet a water quality standard for pollutants set forth in' department rules, a steam electdc generating plant discharge of pollutants that existed or was licensed on July 1, 1984, may be granted a mixing zone, provided that: (a) The standard would not be met in the water body in the abSence of the discharge; and (b) The discharge is in compliance with all applicable technology-based effluent limitations; and (c) The discharge does not cause a measurable increase in the degree of noncompliance with the standard at the boundary of the mixing zone; and (d) .The discharge otherwise complies with the mixing zone provisions specified in this section. (7) Additional relief from mixing zone restrictions necessary to prevent significant im of a designated use is through: (a) Recl~ :)f the water body pursuant to Section 62-3.081, Flodda Administrative Code; (b) Vadance granted pursuant to s. 403.201, and Rule 62-103.100. (c) Modification of the requirements of this section for specific cdteda by the Secretary upon compliance with the notice and headng requirements for mixing zones set forth in (1)(c) above and upon affirmative demonstration by an applicant the applicant,s disCharge from a source existing on the effective date of this rule complies with best techn°lo~/economically achievable, best management practices, or other requirements set forth in Chapter 62~6, F.A.C., and the economic, environmental and social costs c the existing cdteda outweigh the social, environmental, an d pliance with more stringent discharge limitations necessary to ' with mixing zone requirements of Subsection 62-4.244(1), F.A.C., and the provisions ~ to dissolved oxygen in section 62-4.244, F.A.C. 1. Nc , be issued more than one permit or permit modification or renewal whi ~ a modification pursuant to th is subsection unless the applicant affirmatively that it has undertaken a continuing program, approved by the Departmenti designed to consider water quality conditions and review or develop anly reasonable means of achieving compliance with the water quarity criteda from which relief hasr been granted pursuant to this subsection. 2. ~ragraphs 62-4.244(1)(c), F.A.C., and 62-4.244(6)(c), F.A.C., demonstrate the minimum area of the water bod~ ~er subsection. Within a minimum area determined by the ' to be necessary to achieve compliance, the discharger shall be exe~pt~from the criterion for which a demonstration has been made. Effective 12-15-98 55 DEP 1998 (d) Section zone may SI FS. Wh~. PERMITS 62-4 are established pursuant to [nistrative Code, a mixing Florida of Subparagraph 62,4.244(1)(j)1., or 403.704,403.:804,403.805!, 403.~141, ,¸1 62-4,246 Sampling, Testing Methods, and Method Detection Limits for Water PollUtion Source~. (1) reasonably expected to be contained in the discharge and to violate criteria in Chapter 62-302, F.A.C. (2) Field testing, sample collection including quality control procedures, 62-160, F.A.C. (3) Subsections (4),(11) of this rule apply only to permit applications; permits, monitoring reports, and other soumes of data relating to discharges to surface waters. (4) Using generally accepted scientific procedures, the Department sl~il establish and publish a method detection limit quantification limit (PQL) for each ~ (including )ractical a list of all shall( any app (New parameter. (5) for De and (1 shall de~r for 520 Test shall specify ~ent , F.A.C, the ,uted in (10) results ~ults Effective 12-15-98 56 DEP 1998 'PERMITS, 62-4 (6) All results submitted to the Department for permit applications and monitoring shall be reported as follows. (a) The approved analytical method and corresponding Department-established MDL and PQL levels shall be reported for each pollutant. The MDLs and PQLs incorporated in the permit shall constitute the minimum reporting levels for each parameter for the life of the permit. The Department shall not accept results for which the laboratory's MDLs or PQLS are greater than those incorporated in the permit. All results with laboratory MDLs and PQLs lower than those established in the permit shall be reported to the DePartment. Unless OtherWise specified, all subsequent references to MDL and PQL pertain to the MDLs and PQLs incorporated in the permit. (b) Results greater than or equal to the PQL shall be reported as the measured quantity. (c) Results less than the PQL and greater than or equal to the MDL shall be reported as less than the PQL and deemed to be equal to the MDL. (d) less than the MDL shall be reported as less than the MDL. (e) table is intended as a guide in the use of subsections (6)(b)-(d) for determining compliance with permit limits. Common abbreviations used in this table ,are as follows: ,~ Effective 12-15-98 57 DEP 1998 PERMITS 62-4 PQI MDL me; > means greater than < ~ an limit Table 1 COMPLIANCE DETERMINATION PERMIT LIMIT DATA COMPLIANCE NON COMPLIANCE (6)(b) > * Greater than or : Permit Limit Equal to PQL Permit Limit (6)(c) ' > Or = Less Than PQL But' PQL ' : Greater Than or < PQL * Equal to MDL >or= * (6)(d) MDL Less Than MDL < MDL * (7) When all the results or projected concentrations for the effluent and the receiving water are below the MDL for a particular parameter, the Department shall deem the permittee to be in compliance with the applicable cdtedon or permit limit, subject to the provisions of subsections (8) and (10) below, when applicable. (8) The presence of toxicity(as established through biomonitoring), data from analysis of plant or animal tissue, contamination of sediment in the vicinity of the installation, intermittent violations of effluent limits or water quality standards, or other similar kinds of evidence reasonably related to the installation may indicate that a pollutant in the effluent may cause or contribute to violations of water quality criteria. If there is such evidence of possible water quality violations, then (unless the permittee has complied with subsection (9) below) in reviewing reports and applications to establish permit conditions and determine compliance with permits and water quality criteria, the Department shall treat any result less than the MDL of the method required in the permit or the method as required under subsection (10) below or any lower MDL reported by the permittee's laboratory as being one half the MDL (if the criterion equals or exceeds the MDL) or one half the cdtedon (if the criterion is less than the MDL), for any pollutant. WithoUt the permission of the applicant, the Department shall not use Effective 12-15-98 58 DEP 1998 PERMITS 62-4 any values dete .rmined under this subsection or subsection (9) below for results obtained under a MDL superseded later by a lower MDL. (9) As an alternative to the procedure described in subsection (8) above for determining the value of any 62,4.246(6)(e)(Table 1), 62-4.246:(9) result, the permittee may select and follow any procedure if set forth in any of the sources listed in this subsection below or shown by the,permittee to provide equivalent reasonable if applicable to the particular discharge. Such eq lity of each such procedure shall be determi~ for that prOcedure. The following ce. Wiley,'New York. (c) 1989. (d) Toxics EP (e) Allocations. USEPA. 1983. DC. :)A. All Office of Water (g) USEPA. Allocations. Technical Gu Office 1973. Nonparametfic Statistical Methods. Guidar Athens, Ga. an~ .r Regu 2.' Washington, ~ad (h) USEPA. 1983. All Im EPAI440/4-84/019. (i) USEPA. 1986. Techn EP (j) / __ AllOcatiOns. Book VI: Stream Desi.qn FI Regulations and Standards. WaShiNgton, DC. dards. WaShir gton, DC. Was~load rices. Wasteload Water Effective 12-15-98 59 DEP 1998 PERMITS 62-4 (k) USEPA. 1985. EPA/600/6,85/O02 a and b. with ~, Screel and Develo Athens, Ga. as set forth in to prese~ sh~ Spec 403.1 8-31-88 In S FS. Lawh (1) has bee tem 7-4,249. ro are · ssion shall, ltent ~ Part I of Effective 12-15-98 6O DEP 1998 62-4 (2) The Department shall give notice to residents in the drainage area affected by the proposed discharge informing them when they may present objections to the proposed discharge. (3) No water pollution temporary .permit shall be granted until all requirements of subsection (3) of 403.088, FS., are fulfilled. (4) If the :Department deems such action is necessary or desirable to protect the quality of the receiving waters and promotes the public interest, it may issue a Temporary Operation Permit which places restrictions or limitations on increasing the flows of sewage through or additional connections to the sewage treatment facility involved. (5} No Temporary Ope,ration Permit may be issued or'renewed for a direct discharge to an OutStanding Florida Water or Outstanding National Resource Water. Specific Authority: 403.021,403.031,403.061,403.088, FS. Law Implemented: 403~021, 403.031, 043.061, 403.087, 403.088(5)(c), FS. Hiistory:: New 5-17-72, Amended 3-26-74, 8-31-88, 10-4-89. Previously numbered as 17-4.25, Formerly 17-4.250. PART III 62-4.510 Scope of Part III. This part defines general permits and establishes the procedures for persons who may wish to use a general permit, except that the procedures for any person who may wish to use a general permit for a major source of air pollution (Title V source), and all conditions of such a general permit, are established at Chapter 62-215, F.A.C. The provisions of this Part shall not apply to activities regulated-under Part IV of Chapter 373, F.S., except those activities in the geographical territory of the Northwest Flodda Water Management District and to those actiVities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15) and (16), FS. Specific Authority: 373.026, 373.043, 373.044, 373.109, 373.113, 373.418, 403.021, 403.031,403~061,403.087, Law Implemented: 373.414(9), ~ 403.031, HiStory: New 7-8-82, 403.814(1), FS. 373.109, 373.409, 373.413, 373.4135, and (16), 373.4145, 373.418, 403.021, 403.814, 403.702-403.73, 403.851-403.864, FS. 17-4.51, Amended 8-31-88, 7-4-95, 10-16-95. IF" 62-4.520 Definition, A general permit is by rule of the Department pursuant to Section 403.814(1), Florida authorizes persons to undertake certain activities which cause minimal environmental impact when performed in accordance with specific practices set forth in the general permit. A general permit also constitutes water :quality certification pursuant to Section 401, Public Law Effective 12-15-98 61 DEP 1998 92-500 PERMITS 62-4 the 702-403.73, $2-4.530 Procedures. De qu notify the ~ general pe~ notice to th shall be st meet to use of more of the general the ;ribe the depicting its fRule to that they shing to use a shall wdting, Persons wishing to use a on notice that projects undertaken without proof of lsidered as being undertaken withoUt a permit and r air ich;Will not be entitled located in the Biscayne include: (a) a general permit o (b) (c) (d) which results harm or inju~ 1 (5) permit, publish in a proj sub within 62-4.530 general permit shall be in )enS[on Or revoCatiOn shall SUbmission of false or inaccurate information in the notification for use of causes genemi has [ shall begin work until ~ follow ed to Rule the 21 Effective 12-15~98 62 DEP 1998 PERMITS 62-4 days for requesting a hearing has passed or a hearing is held and a decision is rendered. (6) Any person complying with the requirements of a general permit may use the permit 30 days after giving notice to the Department without any agency action. When no agency action is taken, unless the Department or the .applicant publishes notice of the application, the provisions .of Chapter 120, Florida Statutes, granting to affected parties the fight to an administrative hearing do not apPly. Specific Authority: 403.814(1), FS. Law Implemented: 253.123; 253.124, 258.165, 403.061,403.087,403.088, FS. History: 8-31-88, 3-19-90. Previously numbered as 17-4.53, Formerly 17-4.530. of personal fights. It or regulations. I or Io(~ai permits that may stringent stan, (4) The ¢ penalties when th{ injury to human health or or causes harm or i in contravention (5) The State recognition or'~ eclamation of mprovement (6) No pdor consent of th to Section 253.77, F.S. 62-4.540 General Conditions for All General Permits. (1) requirements, limitations, and restrictions set forth in this Part it conditions" and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S. (2) The gene t is valid only for the specific activity indicated. Any deviation from thc activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result m or revocation of the permittee's use of the general permit and may cauSe th lent to be-gin legal proceedings. (3) The generair Permit ~does not convey any vested rights or any exclusive privileges. It does not authorize any injury to public or private property nor any invasion any infringement of federal, state or local laws the necessity for obtaining any other federal, state uired, or allow the permittee to violate any more hed by federal or local law. not relieve the permittee from liability and or operation of the permitted activity causes harm or causes harm or injury to animal, plant or aquatic life; It does not allow the permittee to cause pollution and Department rules. lit .conveys no title to land or water, nor does it constitute of title. It does not constitute authority for Only the Board of Trustees of the Internal may express State opinion as to title. t shall authorize the use of state owned land without the ~ of Trustees of the Internal Improvement Trust Fund pursuant (7) The general permit may be modified, suspended or revoked in accordance with Chapter 120, Florida Statutes, if the Secretary determines that there Effective 12-15-98 63 DEP 1998 PERMITS 62-4 has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or ,, ity standards, or the permittee haSr pursuant O~ general or on (11) docum~ De (1: conditi¢ activity at and the ~ ingood Rule the Jse of a History: New' 17-4.540,. pursu ~ued use of Speci 24, 403.061,, 403.087, 403.088, 403.702-403;73, i 8-31-88. PreviOusly numbered' as 17-5.54, Formerly Effective 12-15-98 64 Florida Department of Environmental Pro tection · ~.. .,~ ~ .- Twin Towers Office Bldg., 2600 Blair Stone Road, Taltahassee, Florida 32399-2400 DEP Form No: 62-528.900(1) Form Title: Application to Construct/ Operate/Abandon Class I, III. or V Injection Well Systems Effective Date: DEP Application No.: {Filled in by DEP) ~PPLICATION TO CONSTRUCT/OPERATE/ABANDON CLASS I, III, OR V INJECTION WELL SYSTEMS Part I. Directions A. Ail applicable items must be completed in full in order to avoid delay in processing this application. Where attached sheets or other technical documentation are utilized in lieu of the blank space provided, indicate appropriate cross-reference in the space and provide copies ~o the Department in accordance with C. below. Where cersain items do not appear applicable to the project, indicate N/A in the appropriate spaces. B. Ail information is to be typed or printed in ink. C. Four (4) copies of this application and four (4) copies of supporting information such as plans, reports, drawings and other documenss shall be submitted to the appropriate District/Subdistrict office. An engineering report is also required to be submitted to supporc this application pursuant to the applicable sections of Rule 62-528, F.A.C. The attached list* shall be used to determine completeness of supporting data submitted or previously received· A check for the aD~i-~tion feb in accordance with Rule 62-4.05~,~ F.A.C., made payable- to the- Depar~Vmaent shalL' accompany the apulication.~ r D. For projects involving construction, this application is to be accompanied by four (4) sets of engineering drawings, specifications and design data as prepared by a Professional Engineer registered in Florida, where required by Chapter 471, Florida Statutes. E. Attach 8 1/2" x 11' USGS site location map indicating township, range and section and latitude/longitude for the project. PART II. ~eneral Information A. Applicant Name Title Address City Telephone Number B. Project Status: [] New [] Modification (specify) [] Existing State Zip *"Engineering and Hydrogeologic Data Required for Support of Application to Construct, Operate and Abandon Class I, III, or V Injection Wells" C. Well Type: [] Exploratory Well [] Test/Injection Well Page 1 of 14 DEP Form No: 62-528.900(1) Form Title: Application to Construct~ Operate/Abandon Class I, III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled inby DEP D. Type of Permit ApplicatiOn [] Class I Test/Injection Well Construction and Testing Permit [] Class I Well Operation Permit [] Class I Well Operation Repermitting [] Class I Well Plugging and Abandonment Permit [] Class III Well Construction/Operation/Plugging and Abandonment Permit [] Class I Exploratory Well Construction and testing Permit [] Class V Well Construction Permit [] Class V Well Operation Permit [] Class V Well Plugging and Abandonment Permit [] Monitor Well Only E. Facility Identification: Name Facility Location: Street City SIC Code(s) County F. Proposed facility located on Indian Lands: Yes [] No [] G. Well Identification: Well No. of Wells (total Purpose (Proposed Use) Well Location: Latitude: o , " Longitude: o (attach separate sheet(s), if necessary, for multiple wells) Subpart B. General Project Description: H. General Project Description: Describe the nature, extent and schedule of the injection well project. Refer to existing and/or future pollution control facilities, expected improvement in performance of the facilities and state whether the project will result in full compliance with the requirements of Chapter 403, F.S., and all rules of the Department. Attach additional sheet(s) if necessary or cross-reference the engineering report. Page 2 of 14 ART III. Statement by Applic.ant and Engineer DEP Form No: 62-528.900(1) Form Title: Application to Construct/ Operate/Abandon Class I, III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) A. Applicant I, the owner/authorized representative* of , certify under pena%ty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information ms true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisornuen5. I understand that this certification also applies 5o all subsequent reports submitted pursuant to this permit. Where construction is involved, I agree' to retain the design engineer, or other professional engineer registered in FTorida, to provide Inspection of construction in accordance with Rule 62-528.455(1) (c), F.A.C. Signed Date Name and Title (Please Type) *Attach a Letter of Authorization. Telephone Number B. Professional Engineer Registered in Florida This is to certify that the engineering features of this injection well have been designed/examined by me and found 5o be in conformity with modern engineering principles applicable to the disposal of pollutants characterized in the permit application. There is reasonable assurance, mn my professional judgement, that the well, when properly maintained and operated, will discharge the effluent in compliance with all applicable statutes of the State of Florida and the rules of the Department. It is also agreed that the undersigned will furnish the applicant a set of instructions for proper maintenance and operation of the well. Signed Name (Please Type) (Please Affix Seal) Company Name (Please Type) Mailing Address(Please Type) Florida Registration No. Date Phone No. Page 3 'of 14 PEP Form No: 62-528.900(1) Form Title: Application to Construct~ Operate/Abandon Class I. III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) ENGINEERING AND HYDROLOGIC DATA REQUIRED FOR SUPPORT OF APPLICATION TO CONSTRUCT, OPERATE, AND ABANDON CLASS I, III, OR V INJECTION WELL SYSTEMS The following information shall be provided for each, type of permit application. A. CLASS i TEST/INJECTIONWELLCONSTRUCTIONAND. TEST~NG PERMIT 1. A map showing the location of the proposed injection wells of well field area for which a permit~ is sought and the apPllicable area of review. Within the area of review, the. map must show the number or name, and loCation of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public waner systems, mines (surface and subsurface), quarries, waner wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map. 2. A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone, confining zone, or proposed monitoring zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional' information the Department may require, r 3. Maps and cross sections ~ndicating the general vernical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection. 4. Maps and cross sections detailing the hydrology and-~eologic structures of the local area. 5. Generalized maps and cross secti6ns illustrating the regional geologic setting. 6. Proposed operating data. (a) Average and maximum daily rate and volume of the fluid to be injected; (b) Average and maximum injection pressure; and, (c) Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids. 7. Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone. 8. Proposed stimulation program. 9. Proposed injection procedure. 10. Engineering drawings of the surface and subsurface construction details of the system. Page 4 of 14 DEP Form No: 62-528.900(1} Form Title: Application to Construct/ Operate/Abandon Class I, III~ or V In2ection Well Systems Effective Date: DEP AtDplication NO.: (Filled in by DEP) 11. Contingency plans to cope with all shut-ins or well failures, so as to protect the quality of the wa~ers of the State as defined in Rule 62-3 and 62-520, F.A.C., including alternate or emergency discharge provisions. 12. Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in Rule 62-528.425, F.A.C. 13. For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under Rule 62~528.300(5), F.A.C. 14. Construction procedures including a cementing and casing program, logging procedures, deviation checks, proposed methods for isolating drillinG fluids from su~ficial aquifers, proposed blowout protection (if necessary), and a drilling, teSting and coring program. 15. A ~ertification that the applicant has ensured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by Rule 62-528.435(9), F.A.C. B. CLASS I INJECTION WELL OPERATION PERMIT 1 A repor5 shall be submitted with each application for a Class I Well operating permit, which shall include, but not be limited to, the following_information: (a) Resulss of the information obtained under the construction permit described in A. CLASS i TEST/INJECTION WELL CONSTRUCTION AND TESTING PERMIT, including: (1) All available logging and testing program data and construction data on the well or well field; (2) A satisfactory demonstration of mechanical integrity for all new wells pursuant to Rule 62-528.300(6), F.A.C; (3) The actual operating data, including injection pressures versus pumping races where feasible, or the anticipated maximum pressure and flow rate at which the permittee will opera~e, if approved by the Department; (4) The actual injection procedure; (5) The compatibility of injected waste with fluids in the injection zone and minerals in both the in3ecti0n zone and the confining zone; and, (6) The status of corrective action on defective wells in the area of review. (b) Record drawings, based upon inspections by the engineer or persons under his direc~ supervision, with all deviations noted; (c) Certification of completion submitted by the engineer of record; (d) If requested by the Department, operation manual including emergency procedures; Page 5 of 14 (e) Proposed monitoring program and data to be submitted; DEP Form No: 62-528.900(1) Form Title: Application 5o Construct/ Operate/Abandon Class I. III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) (f) Proof that the existence of the well has been recorded on the surveyor's plan at the county courthouse; and, (g) Proposed plugging and abandonment plan pursuann to Rule 62~528.435(2), F.A.C. C. CLASS I WELL OPERATION REPERMITTING I. An updated map showing the location of the injecnlon wells or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map muse show the number or name, and location of all producing wells, injection wells~ abandoned wells, dry holes, surface bodies of water, springs, public waner sysmems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of pubic record and pertinent information known ~o the applicant is required to be included on this map. 2. A Eabutation of data on all wells within the area of review which penetrate into the injection zone, confining zone, or monitoring zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Department may- require. 3o Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the lnjecnlon. 4w Map~ and cross sections detailing the hydrology and-~'eologic structures of the local area. 5. Generalized maps and cross sections illustrating the regional geologic setting. 6. Contingency plans to cope with all shut-ins or well failures, so as to protect the quality of the waters of the State as defined in Rule 62-3 and 62-520, F.A.C., including alternate or emergency discharge provzsions. 7. For wells within the area of review which penetrate the injection zone but are non properly completed or plugged, Ehe corrective action proposed to be taken under Rule 62-528.300(5), F.A.C. 8. A certification that the applicant has ensured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by Rule 62-528.435(9), FoA.C. 9. A report shall be submitted with each application for repermitting of Class I Well operation which shall include the following information: (a) Ail available logging and testing program data and construction data on the well or well field; Page 6'of 14 DEP Form No: 62-528.900(1) Form Title: Application to Construct/ 0pera~e/Abandon Class I, III~ or V Injection Well Systems Effective Date: DEP ApDtication NO.: (Filled in by DEP) (b) A satisfactory demonstration of mechanical integrity for all wells pursuant Rule 62-528.300(6), F.A.C.; (c) The actual operating data, including injectmon pressures versus pumping rates where feasible, or the anticipated maximum pressure and flow rate at which the permittee will-operate, if approved by the Department; (dl The actual injection procedure; (e) The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone; (f) The status of corrective actin on defective wells in the area of review; (g) Record drawmngs, based upon inspections by the engineer or persons under his direct supervision, with all deviations noted; (h) Certification of completion submitted by the engineer of record; (i) An updated operation~manual including emergency procedures; (j) Proposed revisions to the monitoring program or data to be submitted; and, (k) Proposed plugging and abandonment plan pursuant to Rule 62-528.435(2), F.A~C. D. CLASS I WELL PLU~IN~ AND A~ANDONMENT PERMIT 1. The reasons for abandonment. 2. A proposed plan for plugging and abandonment describing the preferred and alternate methods, and justification for use. ~ (a) The nipe and number of plugs to be used; (b) The placement of each plug including the elevation of the top and bottom; (c) The type and grade and quantity of cement or any other approved plugging material to be used; and, (d) The method for placement of the plugs. 3. The procedure ~o be used to meet the requirements of Rule 62-528.435, F.A.C. Page 7 Of 14 DEP Form No: 62-528.900(1) Form Title: Application to Construct/ Operate/Abandon Class I. III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) E. CLASS III WELLS CONSTRUCTION/OPERATION/PLUGGING AND ABANDONMENT PERMIT Construction Phase 1. A map showing the location o ection Wells or well field area for which a permit is-sought and the appl of revrew. Within the area of review, the map must show the number or name,, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water system, mines (surface and subsurface), quarries, water wells and other pertinent surface features ~nc!luding residences and roads. The map should also show faulus, if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map. 2. A tabulation of data on all wells within the area of review which penetrate into the proposed in]ection monitoring zone~ Such data shall include a construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Department may require. 3. Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where' known, in each underground source of drinking water which may be affected b~ the proposed injection. 4. Maps and cross sections detailing the hydrology and geologic structures of the local area. 5. Generalized maps and cross sections illustrating the regional geologic setting. 6. Proposed operating data: '~' (a) Average and maximum daily rate and volume of the fluid to be injected; (b) Average and maximum injection pressure; and, (c) Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids, including any additives. 7. Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone. 8. Proposed stimulation program. 9. Proposed injection procedure. t0. Engineering drawings of the surface and subsurface construction details of the system. Page 8 of 14 DEP Fo~m No: 62-528.900(1) Form Title: ADptica~ion to Construct/ ODerate/Abandon Class I, III, or V Injection Well Systems Effective Date: DEP Application No.: (Pilled in byDEP) 11. Contingency plans to cope with all shut-ins or well failures or catastrophic collapse, so as To protect the quality of the waters of the State as defined in Rule 62-3 and 62-520, F.A.C., including alternate or emergency discharge provisions. 12. Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in Rule 62-528.425, F.A.C. 13. For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under Rule 62-528.300(5), F.A.C. 14. Construction procedures including a c~menting and casing program, logging procedures, deviation checks, proposed methods for isolating drilling fluids from surficial aquifers, and a drilling, testing and coring program. 15. A certificate that the applicant has ensured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by Rule 62-528.435(9), F.A.C. 16. Expected changes in pressure, native fluid displacement, direction of movement of injection fluid. 17. A proposed monitoring plan, which includes a plan for detecting migration of fluids into underground sources of drinking water~ a plan to detect water quality violation in the monitoring wells, and the proposed monitoring data ~o be submitted. Operation Phase 1. The following information shall be provided to the Department prior to granting approval for the operation of the well or Well field: (a) All available logging and testing program data and construction data on the well or well field; (b) A satisfactory demonstration of mechanical integrity for all new wells pursuant to Rule 62-528.300(6), F.A.C.; (c) The actual operating data, including injection pressure versus pumping rate where feasible, or the anticipated maximum pressure and flow rate at which the permittee will operate, if approved by the Deparsmens; (d) The results of the formation testing program; (e) The actual injection procedure; and, (f) The status of corrective action on defective wells in the area of review. Plugging and abandonment Phase 1. The justification for abandonment. Page 9 of 14 DEP Form No: 62-528.90011) Form Title: Application ~o Construct/ Operate/Abandon Class I, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) 2. A proposed plan for pluCglng and abandonment describing the preferred and alternate methods. (a) The 5ype and number of plugs 5o be used; (b) The placement 6f each plug including the elevanion of the top and bottom; (c) The type and grade and quantity of cement or any other approved plugging manerial to be used; and, (d) The method for placement of the plugs. 3. The procedure to be used ~o meet the requirements of Rule 62-528.435, F.A.C. F. EXPLORATORY WELL CONSTRUCTION AND TESTING PERMIT 1. Conceptual plan of the proposed injection zone, monitoring program. injection project. nasure and volume Include number of injection wells, of injection fluid, and proposed 2. Preliminary Area of Review Study. Include the proposed radius of the area of review with justification for that radius. Provide a map showing the location of the- proposed injection well or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map must show the n~mber or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information .of public record and pertinent in-formation known to the applicant is required to be included on this map. 3. Proposed other uses of the exploratory well. Drilling and testing plan for the exploratory well~ The drilling plan must specify the proposed drilling program, sampling, coring, and testing procedures. 5. Abandonment Plan. Page 10 of 14 I DEP Form NO: 62-528.900~1) FO~ ~itte: Application to Const~ct/ ~er~~a~ Effective Date: DEP Application No. (Filled in by DEP) ~.CLASS V WELL CONSTRUCTION P~RMIT .{This form should be used for Class V Wells instead of Form 62-528.900(3), F.A.C., when ~there is a need for a Technical Advisory Committee and an engineering report.) 1. Type and number of ~roposed Class V Wells: Wells Receiv±ng Domestic Waste Desalination Process Concentrate Wells {Reverse Osmosis, etc.) Aquifer Storage and Recovery Wells Aquifer Remediation Wells Salt-water Intrusion Barrier Wells Cooling Water Return Plow Wells Open-looped System Subsidence Control Wells Sand Backfill Wells Experimental Technology Wells Wells used to inject spent brine after halogen recovery Radioactive Waste Disposal Wells* Borehole Slurry Mining Wells -~ Other non-hazardous Industrial or Commercial Disposal Wells {explain) Other {explain) *P~ovided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C. 2. Project Description: (a} Description and use of proposed injection system; (b) Nature and volume of injected fluid (the Department may require an analysis including bacteriological analysis) in accordance with Rule 62-528.635(2) (b), F.A.C.; and, (c) Proposed pretreatment. 3. Water well contractor's name, title, state license number, address, phone number and signature. Page 11 of 14 4. Well Design and Construction Details. construction provisions, an elevation attached.) DEP Form No: 62-528.900 1) Form Title: ApDlication ~o Construct/ Operate/Abandon Class I, III, or V Injection Well Systems Effective Date: DEP Application No.: (Filled in by DEP) (For multi-cas].ng configurations or unusual drawing of the proposed well should be (a) Proposed total depth; (b) Proposed depth and type of casing(s); (c) Diameter of well; (d) Cement type, depth, thickness; and, (e) Injection pumps (if applicable): gpm @ psi Controls: 5. Water Supply Wells - When required by Rule 62-528.635(1), F.A.C., attach a map section showing the locations of all water supply wells within a one-half (1/2) mile' radius of the proposed well. The well depths and casing depths should be inc~aded. When required by Rule 62-528.635(2), F.A.C., results of bacteriological examinations of water from all water supply wells within one-half (1/2) mile and drilled to approximate depth of proposed well should be attached. 6. Area of review (When required by Rule 62-528.300(4), F.A.C.) Include the proposed radius of the area of review with justification for that radius. Provide a map showing the location of the proposed injection well or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map. H. CLASS V WELL OPERATION PERMIT (Final report of the construction that includes the following information may be submitted with the application to operate.) 1. Permit Number of Class V Construction Permit: 2. Owner's Name: 3. Type of Wells: Page ~2 of 14 Construction and Testing Summary: (a) Actual Dimensions: Diameter Well Depth (inches) (feet) DEP Form No: 62-528.90011) Form Title: Application to Construct/ Operate/Abandon Class I III, or V Injection Well Systems Effective Date: DEPApplication No.: (Filled in by DEP) Casing Depth (feet) (b) Result of Initial Testing 5o Proposed Operating Data: Injection Rate (GPM); (b) Description of injected waste; and, (cD Injection pressure and pump controls. 6. Proposed Monitoring Plan (if any): (a) Number of monitoring wells; (b) Depth(s); (c) Parameters; (d) Frequency of sampling; and, (e) Instrumentation (if applicable) Flow Pressure I. C~ASS V W~LLS PLUC4~I~A~DABA~-DO~ 1. Permit number of Class V construction or operating permit. 2. Type of well. 3. Proposed plugging procedures, plans and specifications. 4. Reasons for abandonment. Page 13 of 14~ DEP Form No: 62-528.90011)_ Form Title: ApDlication to Construct~ Operate/Abandon Class I, III. or V Injection Well Systems Effective Date: DEP Application No.: (Filled ~n by DEP) J. MONITOR WELL PEP/~IT This section should be used only when applicauion is made for a monitor well only. If a monitor well is to be constructed under a Class I, III, or V injection well construction permit, it is necessary to fill in this section. t. A site map showimg the location of the proposed monitor wells for which a permit is sought. The map must be to scale and show the number or name, and location of all producing wells, injection wells, abandoned wells, dry holes, water wells and other pertinent surface features including structures and roads. 2. Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where know-n, in each underground source of drinking water which may be affected by the proposed injection. 3. Maps and cross sections detailing uhe hydrology and geologic structures of the local area. 4. Generalized maps and cross sec5ions illustrating the regional geologic setting. 5o Proposed formation testing program 5o obtain an anlysis of the chemical, physical and radiological characteristics of and other information on the monitor zone[s). 6. Proposed monitoring procedure. 7~ Engineering drawings of the surface and subsurface construction details of the monitoring system. 8. Proposed monitoring data to be reported for meeting~the monitoring requirements in Rule 62-528.425, F.A.C. 9. Construction procedures including a cementing and casing program, logging procedures, deviation checks, proposed methods for isolating drilling fluids from surficial aquifers, proposed blowout protection (if necessary), and a drilling, testing and coring program 10. Monitor Well Information: [] On-site [] Multizone [] Single-zone [] Regional [] Other (specify) Proposed Monitoring Interval(s) Distance and Direction From Associated Injection Well Page 14 of 14 V-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Cc~mmission Meeting Turned in to City Clerk's Dates Office Requested City Date Final Form :Must be Commission Meetino Dates Turned in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August7,2001 July 18, 2001 (5:00 p.m.) September 20, 2001 (5:00 [] October 2, 2001 p.m.) [] August21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September4, 2001 NATURE OF AGENDA ITEM August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal Bids Unfinished Business [] Announcement [] Presentation r-- [] City Manager's Report RECOMMENDATION: Staff recommends the approval of $52,046 of SHIP and CDBG funds for the rel'~_~ilit~ of repairs to the property located at 1451 NWIst Court. ....~.. ~r~:J EXPLANATION: This property was originally purchased by the Housing Partnership, Inc. in 1994 throug~i: Palm Beach County Housing and Community Development with Federal HOME funds for $48,000.00. The Housi lg Partnership was never able to sell the property through it's affordable housing program, as the cost of repair s prohibited affordability. As a ,r. esult, Palm Beach County reclaimed ownership, and conveyed title to the City of Bo3'nton Beach. It is the division s intention to relocate Mrs. Dovie Waters, formerly of 210 NW 13th Avenue, to this m ;w property. Mrs. Waters was approved for assistance in rehabilitating her home. After an attempt to re-roof, the he use was declared unsafe, and condemned by the City's Building Official and demolished, thus causing Mrs. Water,s to become homeless. The property on which this structure was on lies within the area adjacent to the Wilson Center area, and will be a part of the Master Plan for the Center and Pool area renovations. It is the city's ultimale goal to purchase all of the properties and expand this entire facility / PROGRAM IMPACT: The propertY is currently an eyesore to the community, and has been a Code compliance problem. It will offer homeownership to a resident, and assist in facilitating future park expansion goals for the City of Bognton Beach.. FISCAL IMPACT: In it's current condition, the property's ad valorem value is $908.06, we will be adding tax dollar~ to the City by increasing the value, as it currently is not generating any income, due to having been owned by a tax exem pt non-profit. AL~I~RNA~'IVES: N_.~ Depa~ment of Development Division of Communi~ Redevelopment Department Name C~[~ Manager's Signature City Attorney I Finance / Human Resources DE 'Divisi(: Octavia $. Sherrod Community Development Manager !LOPMENT Building BID SPECIFICATIONS CASE NUMBER: INSPECTION DATE: OWNER: ADDRESS: PHONE PREPARED BY: DATE PREPARED: BID DUE DATE: NIA MARCH 5, 2001 CITY OF BOYNTON BEACH 1451 N.W. 1st COURT 742-6066 Christopher Mitchell, Construction Coordinator and Sai Belioise, Housing Rehab Inspector APRIL 26, 2001 JUNE 1, 2001 BIDS ARE DUE IN THE COMMUNITY REDEVELOPMENT OFFICE BIDS MUST BE RECEIVED BY 3:00 P.M. ON DUE DATE NOTICE TO CONTRACTOR: THIS SPECIFICATION IS TO BE RETURNED WITH YOUR BID PROPOSAL AND REQUESTED INFORMATION. FAILURE TO COMPLY WITH THIS REQUEST MAY RESULT IN YOUR BID PROPOSAL BEING DISQUALIFIED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO FURNISH DETAILED DRAWINGS; If REQUIRED, IN ORDER TO SECURE NECESSARY PERMITS AND RECEIVE ALL APPLICABLE INSPECTIONS AS REQUIRED. 2. DRIVEWAY - Supply all labor and material to: Install a new concrete apron to city engineering standards. All concrete shall be 3000 p.S.io 6" thick with no reinforcing. All concrete shall be trowelled twice and tooled with a ~" radius edger along all joints and edges, and shall have a broom finish. Remove all debris a nd rock. EXTERIOR WALLS- Supply all labor and materials to: · Install concrete block (recessing for stucco) in the A/C opening of the dining room. · Rebuild block wall at rear of the utility room with opening for 3131 horizontal slider. · Apply scratch coat of stucco to the exterior of the repaired utility room and dining room walls. · Apply fine sand floated stucco finish to match existing. 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6066 Fax: (561) 742-6089 /tmerica s Gateway to the Gulfstream I~age 2 Bid Specifications Case # N/A 5. CORNICE OR ROOF OVERHANG - Supply all labor and matedal to: · Remove and replace all deteriorated fascia. · Remove and replace all deteriorated soffit. · Remove all soffit screen. · Staple 6" continuous screen vent @ 4" on center. Install 1"x2" at each side of opening. · The repair of rafters or soffit returns shall be included. · All fascia and soffits shall be primed on all sides prior to being installed; caulk all joints, countersink nails and putty holes. · No piece of fascia shall be less than 6'0" unless previously approved by the Community Redevelopment Construction Coordinator. ROOF -Supply all labor and material to accomplish the following in a workmanship and professional manner: · Remove existing roof covering. · Replace all damaged and deteriorated wood. · Install one layer of 30# felt. · Install 30~year dimensional shingles. · Install continuous ridge vent. · All valleys, flashings, and drip edges shall be replaced with minimum 26 gauge galvanize~d metal. Drip edges shall be backed with P.T. 1"x2". All vents and pipes through the roof shall be properly flashed with appropriate sleeve type flashing. FLAT ROOF-Supply all labor and material to accomplish the following in a workmanship and professional manner: Remove existing roof covering; replace ali damaged and deteriorated wood. Replace all sheathing in the area over the family room. Apply one layer of fiberglass base sheet tin-tagged to code. Install hot modified bitumen system in accordance with manufacturer's specifications. All valleys, flashingsi and drip edges shall be replaced with minimum 26 gauge galvanized metal. Ddp edges shall be backed with P.T. 1"x2". All vents and pipes through the roof shall be properly flashed with appropriate sleeve type flashing. EXTERIOR OF WINDOWS-Supply all labor and materials to: Remove all existing windows. Install new white 2 3 awning windows with tempered obscure glass and screens in each of the bathrooms. · Install new white, colonial 6141 XO horizontal slider with solar bronze glass and screens in the East bedroom. · Install new white 3141 XO horizontal slider with solar bronze glass and screens in the Southeast bedroom. · Install new white, colonial 6141 XO horizontal slider with solar bronze glass and screens in the Southeast bedroom. · Install new white 3141 XO horizontal slider with solar bronze glass and screens in the Southwest bedroom. J:\SHRDATA~CommunityRD\CONTRACTORS~Bids~2001\I451 NW 1 Ct.doc Page 3 Bid Specifications Case # N/A · Install new white 6141 -XO horizontal slider with solar bronze glass and screens in the Southwest bedroom. · Install two (2) new white colonial 6141 XO horizontal sliders with solar bronze glass and screens in the living room. · Install new white colonial 6141XO horizontal slider with solar bronze glass and 'screens in Install 3151 XO horizontal slider with solar bronze glass and screens in the family room. · Install three (3) new white 6151 XO horizontal sliders with so~ar bronze gl.ass and screens in the family room. Install new white 3131 XO horizontal slider with solar bronze glass and screens in the utility room. · All stucco damaged from window change-outs shall be repaired With floated stucco fine sand finish. · Clean all windows free of all paint, decals, stucco and excess caulk. · Clean track free of all debris. · Contractor shall repair any surrounding area affected by this work, the repair work shall be finished so as to conform to surrounding surface, textures, and color. .- · All loose and deteriorated caulk shall be removed from around exterior masonry · New caulk shall applied around entire frame of new windows in a continuous "no-void'- manner. EXTERIOR OF DOORS- Supply all labor and material to: Install new insulated six panel 3'0" front door complete with new vinyl jamb, threshold, hinges, entry and deadbolt locks keyed alike (Schlage or e~lual), crash chain, door casing, and brick mold. · Install new insulated six panel 3'-0" back door complete with new vinyl jamb, threshold, hinges, entry and deadboit locks keyed alike (Schlage or equal), crash chain, door casing, and brick mold. · Install new insulated six panel 3'-0" dining mom/carport door complete with new vinyl jamb, threshold, hinges, entry and deadbolt locks keyed alike (Schlage or equal); crash.chain, door casing, and brick mold. · Install new six panel 3'-0" utility room door with vinyl stop jamb, threshold, hinges, entry and deadbolt locks keyed alike (Schlage or equal), crash chain, door casing, and brick mold. · Counter sink all nails, putty holes, caulk all joints, properly prep and prime with oil base primer sealer for painting. 11. EXTERIOR ELECTRICAL- Supply all labor and matedal to: · Install new 150 Amp service. · Verify and correct all grounding requirements. · Re-wire as may be required. · Install 1 GFI outlet at front door. · Install 1 GFI outlet at rear door. · Install 1 GEl outlet on the carport. · Rewire and install black coach house fixture at front door. · Install black jelly jar fixture at rear door. J:\SHRDATA\CommunityRD~,CONTRACTORS~Bids~2001\1451 NW.I Ct.doc Page 4 Bid Specifications Case # N/A · Rewire and in~tall black 2 bulb ceiling fixture on carport. · Provide breaker for new central A/C condenser. · Install GFI within 6'-0" of A/C. · Install new Rainbird or Intermatic sprinkler timer and rain sensor. 12. EXTERIOR PLUMBING- Supp y a I labor and material to: · Install vacuum breakers on all hose bibs. · Remove the Water line running from the rear spigot to the utility room· 13. EXTERIOR PAINTING- Supply all labor and material to: · Pressure clean exterior of house. · Properly prepare all surfaces for painting. · Prepare porch columns for painting and apply OSPHO · Paint columns with black rustoleum · Caulk all windows with Polyseamseal in a continuous no-void bead. · Apply two coats of white Benjamin Moore's MoorGard to all masonry surfaces. · Apply two coats of white Benjamin Moore's MoorGIo to all fascia, soffit, trim, and doors. 14. AWNINGS FOR DOORS ANiD WINDOWS- Supply all labor and material to: · Remove existing awnings. · Install Dade County approved 24 ga. galvanized panels with fixed windows. top "h" track on all IRRIGATION SYSTEM - Supply all labor and material to: 16. · Install complete irrigation system (submit materials list with bid). 19. HEATING OR AIR CONDITIONING- Supply all labor and material to: · Supply all necessary drawings to install a complete central air system. · Install complete central air system with a minimum 12 SEER. · Install complete ductwork system with a drop in each bedroom, both bathrooms, the living room, the dining room the kitchen, and the family room. 20. INSULATION-SuPply all labor and material to: · Install R-19 Kraft faced insulation in the family room ceiling. · Install R-19 blown insulation in the attic. ' 21. FLOORS-Supply all labor and material to: · Remove all existing linoleum, carpet and carpet tack stdp. · Install 12" x 12" vinyl tile in the living room, dining room, family room, kitchen, and hallway. · Install 80-ounce pad in the bedrooms and closets. · / · Install 40-ounce push carpet (FHA approved) in the bedrooms and closets. J:[SHRDATA\CommunityRD~CONTRACTORS\Bids~2001~1451 NW It Ct. doc Page 5 Bid Specifications Case # N/A 22. INTERIOR WALLS- Supply all labor and matedal to: Remove the tiled walls in the bathrooms. Install Glasscrete Properly prepare for tile; tape al Install new, white 4 ¼"x 4 ¼" cerami( with wash cloth bar, one bullnose trim around all grout and thin: se' ~. and thinset. ceiling to include: one soap dish ~all opposite shower head, 2" x 6" matching ~ andwhere the tile meets the paint. Clean · Modify the closet in the hall to a new air handler. · Remove paneling in the living :1 hall. · Remove the damaged kitchen and family room walls and remove all:wall coverings and paneling from the kitchen. · Install new drywall in the kitchen and family room, texture to match the existing. Patch areas damaged by the kitchen paneling · Install newbaseboardslin the family room. · Install newm ',inthe family room. - · Remove d in the lying room. · Resurface the living room and hall walls using knock down texture. · Install ~ere the wall NC unit Was located · using the Same materials and textures as the surrounding area. · Install new headers on the room closet doors to accommodate a standard 6'-8" bifold and wrap with ¼'~ i bead. Finish to match surrounding areas. 23. CEILINGS- Supply all labor and materials to: · Remove existing ce ling in the family room. · Install 5/8" drywall on ceiling. · Apply one coat of embedded tape to all joints, followed with two (2) additional coats of joint compound. · Apply three (3) coats of joint compound over all screw holes. · Sand entire application. · Apply even popcorn finish. · Remove damaged portion of the Southeast bedroom ceiling. · Remove damaged portion of the kitchen ceiling. · Remove damaged portion of the living room ceiling. · Remove damaged portion of the West bathroom ceiling.. Replace all damaged areas and texture to match the surrounding areas. Remove existing drop ceiling in kitchen. Install all new white ceiling grid and "Cracked ice" ceiling tiles. INTERIOR DOORS- Supply all labor and materials to: Remove all existing doors and doorjambs. Install new pre-hung colonial six panel doors on all bedrooms and bathrooms complete with privacy lock, door casing and doorstop. Install new colonial bifold doors on all closets. J:\SHRDATA~CommunityRD~.CONTRACTORS~Bids~001~1451 NW 1 Ct.doc Page 6 Bid Specifications Case # N/A · Countersink ail nails, putty holes, caulk all joints, properly sand, prep and prime with oil base sealer for painting. 26. INTERIOR ELECTRICAL - Supply all labor and material to: · Upgrade existing fuse panel to 150 Amp breaker panel. · Rewire as may be required. · Install dedicated microwave circuit to be.located in cabinet above range. · Verify that the refrigerator is on its own circuit. · Install G.F.I. in kitchen. · Add outlets in the kitchen as required. · Add outlets in the family room as required. · Install G.F.:I. in each bathroom. · Replace all outlets and switches. · Install smoke detectors in hall and all bedrooms. · Install circuit for disposal. · Install newhall fixture. · Install new bathroom fixture in each bathroom. · Install two (2) ne~ fluorescent fixtures in kitchen. · Install 2-bUib 4'~0 wrap around fixture in the utility room. · Install new 52" dining room -fan and 4 light combo in the dining room. · Install circuit breaker for new air handler. · Install 220v outlet for dryer in the utility room. · Install outletf°r waSher in the utility room. 2?. INTERIOR PLUMBING- Supply all labor and material to: · Install new white American Standard Amedcast tub in each bathroom. · Install new Delta model # Delta N1348 TS in each bathroom. · Install new white American Standard toilet in each bathroom. · Install new Delta model # 520 WFMPU with pop-up, supply lines, shut-off valves, drains, and traps for both bathroom vanities. · Install new double bowl 6¼" deep Stainless Steel kitchen sink with new Delta model #400 WF with Spray, supply lines, shut-off valves, drains, strainers and traps. · Install copper;supplY line for icemaker. · Install 1/3 Hp Insinkerator disposal. · Install new hot and cold water lines with valves for washer in the utility room. · Install new drain lines for washer in the utility room. 28. INTERIOR PAINTING- Supply all labor and material to: · Properly prepare all interior surfaces for painting. · Apply two (2) coats of white pigmented shellacto all walls and ceilings · Apply two (2) coats of white Benjamin Moore's Regal AquaGIo to all trim, and doors. · Paint all wallS'with two (2) coats of Benjamin Moore's Regal Wall Satin. J:\SHRDATA\CommunityRD\CONTRACTORS\Bids~2001\145'I NW 1 Ct.doc Page 7 Bid Specifications Case # N/A 29. CABINETS- Supply all labor and material to: · Remove existing kitchen cabinets. · Install new kitchen cabinets per attached specifications. · Remove existing bathroom Vanities. · Install two new 24" natural oak vanities including new cultured marble top. · Install new mirrored medicine cabinets. · Caulk where the cabinet and counter top meet the Wall with a continuous no-void bead of Polyseamseal caulk. GENERAL: The contractor is responsible for verifying all on-Site job conditions and will report any discrepancies to the Division of Community Redevelopment prior to the start of. work. Work shall be done in accordance with all applicable Codes and any ordinances of the City of Boynton Beach, Florida. The contractor shall guarantee workmanship and materials under this contract for a period of one (1) year from the date of final inspection. Roof repairs and/or replacbments will require a full~ five-(5) year warranty. Any deficiencies or repairs will be corrected at no cost to the owner or the Division of Community Redevelopment. The Contractor hereby agrees to construct in accordance with all specifications noted above, conforming to the Program's guidelines, and in accordance with all applicable codes, state and local. -' The Contractor shall, at the end of each day, secure all equipment, supp les, and materials. The Contractor shall be responsible for the security and prevention of pilferage of construction material stored on site. The Contractor shall police the entire project daily and secure the premises in a manner satisfactory to the owner and The Community Redevelopment Division. Construction trash and debris shall be collected daily and removed from the project on a weekly basis; All subcontractors hired by the general contractor shall be .licensed in the City of Boynton Beach in the trade for which hired and shall be monitored by the contractor to adhere to the conditions and specifications as contained herein. The Community Redevelopment Division does not warrant and is not responsible for the materials and equipment purchased by the contractor and installed in the project. A Partial Release of Lien is required at the time of all payment requests and Final Release of Lien is required at the time of final payment request. Payment requests are limited to three (3), inclusive of final payment request, unless another payment schedule is mutually agreed upon. The contractor is responsible for securing homeowner's signature on all pay requests. J:\SHRDATA\CommunityRD~CONTRACTORS\Bids~2001\1451 NW 1 Ct.doc Page 8 Bid Specifications Case # N/A The Homeowner-hereby acknowledges acceptance of this specification. The Homeowner further agrees to return their copy of this specification upon request. The Community Redevelopment Division permits changes to these Specifications only after approval. Requested changes should be submitted for processing prior to commencement of work requested. The Homeowner fu~her understands that the contract (Homeowner/Contractor Agreement) for rehabilitation/renovation is solely between himself/herself and the contractor, Said contract will be prepared and presented at the Pre-Construction Conference conducted by the Division of Community Redevelopment staff. DA~'EJ -------, c- HOUSING REI~ INSPECTOR -~(~MMUNIT~ ~VELOPMENT' MANAGER CONSTR"UCTION COORDINATOR r CO NTRACTOR SIGNATURE COMPANYNAME At ~Closing: Original to File Copies to Contractor J:\SHRDATA\CommunityRD\CONTRACTORS~Bids~001\1451 NW'I Ct.doc ©0 OQ 1451 N.W. 1st Court 1451 N.W. 1 st Court DEPARTMENT OF DEVELOPMENT Memorandum DD 01-030 V-CONSENT AGENDA ITEM I. TO: FROM: DATE: RE: Kurt Bressner, City Manager Quintus Greene', Director of Development July 12, 2001 STATUS REPORT ON MONTHLY DEVELOPMENT REVIEW BOARD MEETINGS In February of this year, City Commission agreed to test scaling back the Planning and Development Board to one meeting per month in light of revisions to the area that board would have development review responsibility over. The newly formed citizen panel for the Community Redevelopment Agency also assumed development review for properties within the designated Community Redevelopment Area. To prevent intensification of Planning and Zoning division staff time in preparing three separate board agendas each month, a trial period was agreed upon. This change became effective in April of this year. Staff analysis of this change has been favorable. There have been no negative comments received from either Board or the development community, relative to the once a month meeting schedule. To date there haS only been one special meeting held by the Planning and Development Board in May to accommodate expedition of the Masonic Lodge Daycare Conditional Use. Each Board has heard the following number of items broken down by month: Planning and Development Board: April- Five (5) items May - One (1) item at the regular meeting, plus a special meeting for the item referenced above. June - Six (6) July - Six (6) items scheduled Community Redevelopment Agency Board: April - Two (2) items May - Three (3) items June - No items July - Four (4) items Prior to beginning this process the Planning and Development Board had development review responsibility for the entire City. During the six-month period prior to changes in review responsibility and meeting frequency, the Planning and Development Board's review schedule was as follows: October - 1st meeting - Ten (10) items 2~ meeting.- Five (5) items November - 1st meeting - Seven (7) items 2nd meeting - Eight (8) items December - 1=t meeting - Two (2) items 2~ meeting - Four (4) items January - 1st meeting - Two (2) items 2nd meetir~g - Two (2) items February - 1st meeting - Two (2) items 2"d meeting - Four (4) items March - 1st meeting - Three (3) items 2~ meeting - Seven (7) items Overall it appears that we are able to accommodate all development review requests with each board meeting only once per month. 01-030 Bressner- Board Meeting Review. doc Requested City Commission Meeting Dates [] July 17,2001 [] August 7,2001 [] August 21, 2001 [] September 4, 2001 V-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n ~o Ci~ Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 200t (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2,2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October t7, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: Approve expenditure of Community Tnvestment Funds in the amount of $1,000. Commissioner Fisher has requeste;L that $1,000 of his allotment of Community Investment Funds be expended to purchase books for the Art Center. The books will be used by the children in their classes and will be resources for the teachers. Books will be purchased through the Lakeshore Learning Materials and NASCO catalogs. PROGRAM IMPACT: The program is designed to provide for community improvements based on recommendations of the members of the City Commission. These improvements may consist of improvement to park properties, installation of architectural features on city property or other activities benefiting the public. FISCAL IMPACT: Funds are included in the current budget for these purposes. ALTERNATWES: Department Head's Signature City I~n;ger's Sign Department Name City Attorney / Finance / Human Resources imp \\CH\HAZN\SHRDATA\CC~WP~CCAGENDA~genda Req0est Memos\Community Znvestrnent Funds Request by C. Fisher to spend $1,000 - 3uly 17, 2001.d~ S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOB VI-CITY MANAGER'S REPORT ITEM A. Requested City Commission --.__. Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 200l [] September 4, 2001 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 3, 2001 (5:00p.rrQ }uly 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] Administrative Consent Agenda [] Public Hearing [] Bids [] Announcement Requested City Commission Date Final Form Must be Turned Meeting Dates m to City Clerk's Office [] September 18, 2001 September 5, 2001 (5:00 p.m.) [] October 2, 2001 September 19, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] November6,2001 October 17,2001 (5:0011~!.) C-. -'< CD [] Development Plans New Business [] Legal Unfinished Business '[] Presentation :~: -~ z ~COMMENDATION: ~om ~e Co~ission of ~e goals of the Recreation Dep~nt~ds assessmem. A major factor m conducting a success~l nee~ assessment is prohding the gove~g body of · e organ~afion ve~ cle~ goals. ~e goals will se~e as a foundation for this effo~ that ~ll include ' dete~in~g the cu~ent, sho~ and long te~ leisure related needs in o~ co~uni~. ~ EXPLANATION: One of the Recreation Department's goals for the current fiscal year is to conduct a comprehensive needs assessment. This will include receiving professional services to prepare, implement and interpret a comprehensive park, recreation and cultural oppommities interest, attitude and opinion survey. The Commission's' understanding and support of the goals of th6~needs assessment are critical to the successful "kick-off' of this project. PROGRAM IMPACT: The needs assessment will assist the Recreation Department in the formation of goals and polices, and in the future development of program areas and facilities. This will assist us in meeting the growing expectations to make accurate long-term budget projections. FISCAL IMPACT: If the goals are deemed to be appropriate, the Recreation Department will use them to prepare a "request for proposal" to retain professional services for the preparation, implementation and interpretation ora comprehensive needs assessment. ALTERNATIVES: None. Without clear goals, the needs assessment will not be successful. / Recreation Department Name i ture City Attorney / Finauce / Human Resources S:'~BULLETINWORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH Recreation Denartment .............. Library, Net lights: on: bushes in front of standing G Tota (580 ~splays = $3,000 (cost ~eason's , Novem Planned = 65,000 month pedod one week period /Thnnk~nivinn tn New Years Eve1 between $25,000-$50,000 annually to maintain the tree. The tree is now a major holiday attraction for the city. It is a popular field trip destination for local schools and attracts visitors from throughout the state. It also generates approximately $50,000 in in-kind media sponsorships and substantial support from several local organizations. SPONSORSHIPS/PARTNERSHIPS Local business/organization may sponsor various aspects of the 'light display or an event: Example: Business may sponsor certain element of the display in exchange for placing business name and/or logo on a banner. The Holiday Trees may be sponsored. Each of the deluxe streamers can be sponsored. Local non profit organizations will be invited to participate in city sponsored events, and/or we will motivate and assist them in organizing their own. We have already determined some strong intereSt from ;local businesses including Wal Mart and Sailfish Realty. glllllle CITY OF BOSTON BEACH VII-PUBLIC HEARING ITEM A. AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda under Consent Agenda: The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request be approved. The approval of this item by the City Commission would allow it to be transmitted to the State for review by the Department of Community Affairs; a required step prior to adoption. For further details pertaining to this request, including the supportive recommendations from staff, see attached Depa...r~ment of Development Memorandum No. PZ 01-132. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: US 1 Corridor Land Use Map Amendment Implementation of the Federal Highway Corridor Redevelopment Plan City of Boynton Beach Numerous property owners. Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south, bounded by the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. Request to amend the Comprehensive Plan Future Land Use Map from present designations of General Commercial (GC), Local Retail Commercial (LRC), Office Commercial (OC), High Density Residential (HDR), Medium Density Residential (MeDR) and Low Density Residential (LDR) to Mixed Use (MX). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~ N/A lt;¢~'~loI~nenlt '~)'~p-art~men-"n"~D ire c tor Planning & Zoning l~gre~or City Manager's Signature City Attorney / Finance / Human Resources SAPIanning~SHARED\WP~ROJECTS~Federal Highway Corridor Redevelopment Plan Folder~LUAR\US 1 Cooridor LAUR Agenda Request 7-17-0 l.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-132 TO: FROM: Chairman and Members CRA Board. ~ Dick Hudson, Senior P1 THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 29, 2001 Project/Applicant: PROJECT DESCRIPTION Federal Highway Corridor Land Use Amendment (LUAR 01-005) Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south and lying between the Intracoastal Waterway on the east and the right-of- way of the Florida East Coast (FEC)-Railway on the west. File No: Property Description: Land Use Amendment (LUAR 01-005) VariOUs properties totaling +144.08 acres shown shaded on the accompanying location map (see Exhibit A), classified Low Density Residential (LDR), Moderate Density Residential (MoDR), Medium Density Residential (MeDR), High Density Residential (HDR), Office Commercial (OC), Local Retail Commercial (LRC), and General Commercial (GC). . Proposed change/use: To reclassify the subject properties described above from Low Density Residential (LDR), Medium Density Residential (MeDR), High Density Residential (HDR), Office .Commercial (OC), Local ~.-'_._'~.:--..:. Retail Commercial (LRC), and General Commercial (GC) to Mixed Use. Corresponding zoning district regulations are being drafted and will be adopted and applied to the properties at the time the land use amendment is adopted. Adjacent Land Uses and Zoning: North: South: Right-of-way of Woolbright Road, then developed property designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Right of way of the C-16 Canal, then developed properties designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3) along Federal Highway and east for +300 feet then developed property designated Low Density Residential (LDR) and zoned Single Family (R-I-AA) east to the Intracoastal Waterway. Page 2 Federal Highway Corridor Land Use Amendment File Number: LUAR 01-005 East: Intracoastal Waterway then developed single-family residential property, not within the City of Boynton Beach. West: Right-of-way of the FEC Railroad, then developed properties with land use and zoning as follows (from north to south): Medium Density Residential (MeDR) land use and zoned Duplex Residential (R-2); Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C-2); Industrial (I) land use and zoned Light Industrial (M-l); Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Low Density Residential (LDR) land use and zoned Single Family Residential (R-l-A); then Industrial (I) · land use and zoned Light Industrial (M-l). BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The proposed land use amendment represents the implementation of a recommendation from that plan. 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). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in late November or early December 2001. Prior to adoption of the land use amendment, the Land Development Regulations will be amended, pursuant to recommendations of the Federal Highway Corridor Community Redevelopment Plan. The anticipated changes to the Land Development Regulations will amend the existing regulations for the Central Business District (CBD) zoning district and create a second and less intense zoning district similar to the existing CBD regulations. The newly created and less intense zoning district will be applied to properties that lie west of the Intracoastal Waterway and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD. The first is situated between the C-16 canal and NE 6th Court, north of the CBD; the second is situated between SE 2nd Avenue and Woolbright Road to the south of the CBD. These are the two areas that are the subject of this land use amendment. The new zoning regulations in part-~i[l[~intended to preserve.existing and established neighborhoods, phase out undesirable intensive commercial uses, and estabhsh progressive lot restrictions to optimize uses, land usage, and pedestrian environments. PROJECT ANALYSIS 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° 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 3 Federal Highway Corridor Land Use Amendment File Number: LUAR 01-005 approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shah also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.9.5 of the 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 orfitrther 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 shah be studied include but are not necessarily limited to: Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; U.S. lfrom north to south city limits, Boynton Beach Boulevard from U.S. 1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; an& · Golf Road between U.S. 1 and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shah be minimal. Ifa private develOpment proposal is made within a redevelopment area, one of the following options shall be pursue& · Acceleration of the redevelopmentplan overlay district and deferral of the land use request until the plan is complete& · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the _ _.r~quest; and/or ~~-'USe'of a moratorium or variation of the "zbning in progress" process. "and Policy 1.16.1 of the City of Boynton Beach Comprehensive Plan defines Mixed Use as follows: "This land use category shall consist of all Central Business District zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shah be limited to, but shah not necessarily include the following: Page 4 Federal Highway Corridor Land Use Amendment File Number: LUAR 01-005 All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category; however, residential and hotel/motel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan which, includes a single unified design for theproject, and shall conform to any adopted design plan(s) for the area covered by the category." The proposed land use amendment is consistent with policy 1.9.5 of the Future Land Use element and is one of the actions recommended to implement the study for the U. S. 1 corridor (see Exhibit B-Redevelopment Programs and Projects). The amendment will also encourage the redevelopment of developed properties and promote infill development on vacant and underutilized properties in this part of the Community Redevelopment Area. It will also increase opportunities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service and increased density will theoretically lead to increased ridership. The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region Policy 2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retail/commercial centers within well- developed urban areas as an effort to discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Design a fine network of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements.the existing activities of the 'city, town or village. Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. ~ ~-k]~e!op'intense mixed-use projects within a quarter mile radius of the '="~fifibn. b. Include a fine-grained network of streets detailed to optimize the comfort and safety of pedestrians and bicyclists. c. Include high-density residential areas, to enhance the feasibility of transit. Economic Development Policy 3.4.1.1: Encourage the use of compact, mix,use development and redevelopment projects that are less costly to serve, have less impact to the natural environment, and help strengthen the economics of existing urban areas. b. Whether the pr°P osed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or Page 5 Federal Highway Corridor Land Use Amendment File Number: LUAR 01-005 would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment will continue the adjacent established land use pattern and, at the same time, permit a greater range o fuses in the designated Community.RedeVelopment Area that will encourage redevelopment and infill development. c, Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed to continued westward sprawl coupled with a desire to' provide opportunities for economic revitalization have made this amendment both necessary and desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists to support redevelopment within this part of the City. Redevelopment and infill projects will be reviewed on an individual basis, as a part of the site plan review process, to determine utilities service requirements. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage for any development or.redevelopment projects. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both the city and local drainage permitting authorities. 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 amendment will be compatible with current and future uses of adjacent properties. Safeguards are being built into the land development regulations to protect values of adjacent and nearby properties. Densities of existing residential development along the coast range between 4.84 an~~elling units/acre. Whether the property is physically and economically developable under the existing zoning. While the property being considered in this amendment is developable and redevelopable under the existing land use designations, the range of uses is limited and would not serve to enhance the corridor to the extent that the proposed amendment would allow. g. Whether the proposed rezom'ng 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 reasonably related to the needs of the areaand the city as a whole, and will permit the establishment of a hierarchy of uses leading to the downtown . Page 6 Federal Highway Corridor Land Use Amendment File Number: LUAR 01-005 area. Development and redevelopment in the corridor is expected to center on neighborhood- serving commercial uses, encourage a range of residential styles and intensities, and create an aesthetically pleasing environment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The existing area currently designated "Mixed Use" does not adequately provide for the revitalization and redevelopment of the traditional downtown of the City, as recognized by the "Federal Highway Corridor Community Redevelopment Plan." The amendment will allow for a transition from the lesser intense development at the north and south ends of the corridor to the more intense development permitted in the City's Central Business District. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. Any~conditions than may be added by the CRA or the City Commission will be included as Exhibit "C". ATTACHMENTS J:~SHRDArrA~Ptanning~Iudson~F~eral Corridor LUAR~taffrepor~.doc Federal Highway Corridor Redevelopment Study Land Use Amendment Area EXHIBIT "A" /~ynt~ C-16 Cana/ Legend LDR: Low, Dens~ity Resi...denti.al.. ,M._D_R: ,M,.e.oiu..m u.e.'ns_ity .~.esigepda ,~_u~ ,~ign ,u,.ensi[y~es~oen~[a! I..HL;: LO~al Ketai/~uommercia~ GC: General Commercial OC: Office Commercial MX: Mixed Use 800 0 800 1600 Feet N EXHIBIT "B" SECTION VI .REDEVELOPMENT PROGRAMS AND PROJECTS The programs and projects listed below will implement the redevelopment strategies discussed in Section V. These programs and projects should be implemented to eliminate or decrease the blighting influences found in the Federal Highway Corridor Redevelopment Area, as well as enhance the corridor's long term viability. Comprehensive Plan Amendments Recommendation 1: Amend the Comprehensive Plan text to create two subcat-egories of land use within the land use plan designation of Mixed Use, amending the current language as appropriate. The first category should be a Mixed Use-High (MU- H) and the other a Mixed Use-Low (MU-L). The MU-H would .apply to the core downtown area, which is Planning Area III. The MU-L would apply to the gateway communities, which are Planning Areas II and IV. The MU-L designation would be less intense than the MU-H, with an emphasis on residential with neighborhood serving retail. Purpose: This will establish the requisite legal basis for land use plan and code amendments.~'~- ~ ~.:'~ ...... Recommendation 2: Amend the Future Land Use Plan Map to redesignate the downtown, Area III, as Mixed Use-High, and to redesignate the gateway communities, Areas II and IV, as Mixed Use-Low. Purpose: This will establish the desired hierarchy of land uses leading into the downtown area. 82 New Development Standards Recommendation 3: Create development standards for the MU-H district. Specifically consider eliminating restrictions on density, but maintaining control of the visual appearance of development. Creative, well planned development will be able to provide additional residential units that will contribute positively to a vibrant and successful downtown while meeting height limitations imposed by the City. According to the current provisions in the zoning code, height is restricted throughout Boynton Beach to 45 feet with a maximum Central Business District density of 40 units per acre and a conditional maximum height of 100 feet. Becaus'e of the very compact area of the downtown in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for downtown development and redevelopment. As a result, the City should not include a density maximum.in the future MU-H, which is the recommended designation for Area III, and increase the maximum height in Area III from 100 feet to 150 feet. This will create a more prominent visual focal point and establish the desirable level of activity in the downtown area.. Additionally, consider eliminating the following uses that may otherwise be permitted or conditionally permitted in the curren~'0-ning category: Auction houses Bus terminals Drive-thru facilities ca Funeral homes Motels (not hotels) Outdoor storage or display 83 [] Private parking garages (allow public parking garages) [] Vehicle related uses, such as: gas stations; auto parts, storage, rental, display, repair facilities; detailing or car washes Consider allowing the following that are otherwise conditionally permitted or not addressed in the current CBD zoning category: [] Allow multi-family residential uses as a permitted rather than conditional use if the entire first floor is dedicated to commercial, retail or office uses [] Specifically encourage tourist oriented uses that have a water orientation Purpose: This will encourage development and redevelopment that is pedestrian and not automobile oriented, as well provide an attractive development environment for a conference style hotel. Recommendation 4: Create development standards for the MU-L district. Specifically, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development through height limitations. Increase the maximum height in these two areas only to 75 feet and eliminate density requirements. This height is half of that which is recommended for the downtown area and will provide an appropriate transition from the gateway communities to the central business area. In addition, consider eliminating the following types of vehicle oriented, non- neighborhoo~~g::uses that may be otherwise permitted in the current gateway neighborhoods: [] Adult entertainment establishments [] Auction houses [] Bus terminals Lumber yards and building material stores, including sales to contractors Rooming and boarding houses 84 Sale of ammunition and firearms [] Taxicab parking [] Trade or business labor pools [] Outdoor storage and display [] Vehicle and boat service related uses, such as: gas stations; auto parts, storage, rental, display, repair facilities; detailing or vehicle washes [] Wholesaling Consider allowing regulations that provide for the following: [] Grocery or food stores sized between 15,000 square feet and 30,000 square feet [] Drive-thru facilities only as a conditional use Purpose: This will establish an aesthetically pleasing, logical transition into the downtown area; provide for neighborhood serving uses rather than tho~e that are transient or vehicle oriented; and, provide additional population to support the downtown. Recommendation 5: Create new zoning districts for the R1A and R1AA 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. Purpose: This would encourage redevelopment of water oriented lots with residential units that would provide a substantial increase in ad valorem revenues. Zoning Code Amendments Recommendation 6: Provide for appropriate locations of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughout the community. Purpose: Such regulations will ensure a balance of these community serving land uses throughout the City. 85 Recommendation 7: Protect residential neighborhoods. It has been generally recognized that there are some uses which, because of their very nature, are identified as having serious objectionable characteristics. Specifically, there are studies that exist that demonstrate that adult uses result in an adverse secondary effect on adjacent properties. Further, it is recognized that local governments have powers to regulate establishments that serve alcoholic beverages. As a result, the City should consider developing regulations for the placement of facilities that serve alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have already been declared to be-in a blighted condition. Distance separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do not meet the distance separation requirement shoUld be amortized. Recommendation 8: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right of way. ~e'n-ew signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will greatly enhance the appearance of the corridor. 86 Design Criteria Recommendation 9: Develop a design program for structures, signage and street furniture, that includes the implementation ora color palate and architectural themes in the context of the downtown and gateway communities. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. Recommendation 10: Create land development regulations for Areas II, III and IV that address building placement, parking, parking location, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: Landscape programs and standards should be developed Parking for uses should not be located contiguous to Federal Highway Shared parking standards should be reviewed Standards for payment in lieu of providing parking should be developed for Area III Buildings on Federal Highway should have the appearance of multi-story structures Incentives should be provided for developing mixed use projects Pedestrian unloading or drop-off areas should be considered as a requirement Standards to identify nodes of activity, such as signalized intersections, should be developed within the corridor Structures should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections Purp~~t_'opment standards will create a sense of place, reduce the blighted appearance, and enhance the aesthetic appeal of the Federal Highway Corridor: Specific Proi ects to Implement Redevelopment Project 1 - Convention Hotel: Assemble a three to five acre size parcel of land in the downtown, which is Area III, and market it for a convention style hotel. The market analysis contained in Section IV of this study indicates that there is a market 87 niche in Boynton Beach for a water oriented convention type hotel recommended in the 1984 CRA plan. While acquisition of land for use as a hotel site may eliminate some of the retail uses from the tax base, the net result would be a significant increase in the tax base. The increase would result from new construction designed for better utilization of land. For example, in the year 2000, the Lake Worth water oriented hotel, which is of minimal convention size, had a taxable value of more than $2.5 million that resulted in.ad valorem revenues of $69.6 thousand. Similarly, the Delray hotel property had a total taxable value of more than $19.9 million for total ad valorem revenues of almost $524.8 thousand, while the Manalapan property was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. Project 2 - Public Parking: Assemble property in the downtown area, which is Area III, on the west side of Federal Highway for use as surface parking. As demand increases, the property could be developed as a parking garage to serve the downtown area. The garage could contain mixed uses at grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs at the --~"-~-- -~_~- .:.~. appropriate l~~6iiiove any existing signs that are no longer at the entrance to the city due to municipal expansion. Consider identifying the downtown and gateway communities as well. Project 4 - Establish a Public Presence: All planning areas except planning Area II have some type of public presence. Establish a highly visible public use in Area 88 II. A library, fire station or police substation would be an ideal use in this area to provide service to the northern portion, of the city. Location on the west side of Federal Highway would be preferable for fire or police facilities to reduce noise impacts on adjacent residential uses. If a public facility is located on the west side, the CRA should work with the Department of Transportation to obtain a median opening for emergency vehicles. Project 5 - Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area II. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work with Palm Beach to discontinue this practice. In the remaining areas that are within the' City of Boynton Beach, the City should amortize out the outdoor storage and display within the Federal Highway Corridor. Project 6 - Provide Pedestrian Crossings: At maj~qr nodes of activity such as signalized intersections, implement a program for unique materials and designs for pedestrian crossings. In addition, work with the Department of Transportation to "bulb out" the sidewalks at these intersections. This will afford pedestrians slightly more non- vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes. 89 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 X-NEW BUSINESS ITEM A CITY OF BOYNTON' BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2,2001 [] October 16, 2001 [] November 6, 200l Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September'20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANAI'~ON: Consider revision to the Guidelines for Distribution of Community Investment Funds Commissioner Fisher has requested this discussion by the Commission relative to Changing the guidelines to consider allowing donations to the Bob Borovy Scholarship Fund that is maintained by the Advisory Board on Children & Youth and the City of Boynton Beach. PROGRAM IMPACT: FISCAL IMPACT: ALTE RNATWES: Department Head's Signature City I~ar~ager's Signature Department Name City Attorney / Finance / Human Resources jmp . \\CH\MAI~\SHRDATA\CC~WP\CCAGENDA~a, genda Request Memos\Community Investment Funds Request - July 17, 2001.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R01- O~ A RESOLUTION OF THE. CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A POLICY AND GUIDELINES FOR COMMUNITY ACTIVITY GRANTS FOR FISCAL YEAR 2000-01 IN THE AMOUNT OF $125,000; AND PROVID~G AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton BeaCh does hereby policy and guidelines for Community Activity Grants for fiscal year 2000-01 in the amount $125,000; and WHEREAS, Guidelines for implementation of the policy were discussed and approved the Commission on November 21, 2000,~ which Guidelines are attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach hereby approves the policy and guidelines for implementation for Community Activity Grants, which guidelines are attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this I (~ day of January, 2001. Vice Mayor '"'--- ...... Commissioner ~ ~. [ ~tv~lerk ~ ~ ig~ Guidelines forDistribution of CommUnity Investment Funds Introduction: Included in the City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of.these public funds for community projects or activities. Program Eligibility Period: October 1, 2000 to September 30, 2001 Amount available to each member of the City Commission: $25,000 broken into two eligibility periods: October 1, 2000 to February 28, 2001 -maximum of $12,500 March 1, 2000 to September 30, 2001 -maximum of $12,500 plus any carry-over from prior six month period. The purpose of the two eligibility periods is to assure funding opportunities to outgoing and incoming members of the City Commission based on the March 2001 election. Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of waY such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary perm/ts, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities. Funds may not be used to support or otherwise subsidize the operational expenses of City Departments. KB: 11/10/00, 11/21/00, 11/23/00 Requested Ci.ty Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM XI-LEGAL CITY OF BOYNTON BEACH ITEM A. 1 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] October 16, 2001 [] November 6, 200t [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 RECOMMENDATION: Please place this request on the July 17, 2001 City Commission Agenda under Legal, Ordinances- Second Reading. Staffrecoccm~ends that this ordinance be approved, which is being processed along with the "fee-in lieu of" parking ordinance. This ordinance will addan exemption to the requirements of C~hapter 23. Parking Lots, to coincide with the fee-in-lieu-of parking ordinance regard/ag changes in use and minor modifications proposed in the downtown. EXPLANATION: Similar to the justifications for the pending parking ordinance, the subject ordinance will also reduce the obligations of small redevelopment projects, in the downtown with an emphasis on new businesses, or what the code defines as "change in uses". The City's Land Development Regulations currently uses a change in use activity as a trigger to applying current regulations, n~ely parking standards, to non-conforming properties. Although this is intended to upgrade unsightly properties, it may discourage redevelopment efforts. Similar to the emphasis placed on the parking fee ordinance, this ordinance also represents the acknowledgement that the benefits of redevelopment at this time would exceed the potential benefit to the area if a few of the parking=areas were brought up to current standards: Further, in concept, since individual par.kin~ areas are few or smaller in the downtown, as recognized by the fee-in-lieu-of ordinance, there are fewer parking areas that represent non-conformities and visual problems. It should be noted that new developments or major changes to existing properties would still be Subject to all parking and landscaping standards applicable to the CRA. This regulation will also be regularly monitored and maintained to match future redevelopment or city needs. PRO~i,RA~ ~PACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~f~~N/A /h D~v~lopntg~t DepartmeXnt Director 'Cit~ Manager's Signature ~ ~ pianning& Zoning ~)~rector ~/- City Attomey~a~uce / Hmnan Resources SAPlanni~gKSHARED\WPKSPECPROYuRegulationskParking - reductionskCC Agenda Request Second Reading Chpt 23 7-17.dot SABULI~ETINkFORMSV~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO: O1- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 23 PARKING SECTION 3(A), TO ~ CREATE FROM FOR AND WHEREAS, Chapter 23 of the Land Development Regulations sets forth the regulations that govern the design, construction and maintenance of parking lots within the City of Boynton Beach; and WHEREAS, Section 2 of Article 1 of Chapter 23 recognizes conditions which would exempt properties from the design, construction and maintenance requirements established by Chapter 23; and WItEREAS, the creation of a Fee-in-Lieu of parking option for the Central Business District provides an additional exemption basis which warrants inclusion in the Code. ~ ~ 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 are now ratified and confirmed by the City Commission. Section 2. That Chapter 23, Article 1, Section 3 A, is hereby amended to add a new subsection 9 as follows: 9. When an improvement or property in'the-Central BUsiness District or which fronts on that segment of Ocean Avenue extending west from the Central Business District to Seaerest Boulevard involves either a change in use and/or a minor improvement. For the. purpose of this subsection, minor improvement means minor building expansions which would otherwise generate the need for two or less parking spaces or improvements which would generate more than two additional parking spaces, but which are less than five (5%) percent of the total area of existing improvements. Section3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. ' All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this __~ day of July, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor- Commissioner Commissioner ATTEST: Commissioner City Clerk Ca/ordinances/ldr/Arr~nding LDR Chapter 2 zoning 0- Parking-in-ticu-o~61 l 01 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 XI-LEGAL ITEM A. 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 '(5:00 p,m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meetin~ agefi-'da~ under Legal, 'Ordinances-Second Reading. The City Commission with a unanimous vote of 5-0 approved the FirsCt~ea~:bf the Ordinance. The Planning and Development Board with a unanimous vote of 7,0 recommended that this requc~be approved. For further detmls pertaining to this request see the attached Planning and Zomg Memorandum No. ~_~.-11 EXPI~ANATION: PROJECT NAME: AGENT: O~cW~T[: L ION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Annexation ora +_4.0 acre parcel of land to be the site ora new elementary school (97-M). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Planning & Zoning E~ector f City Attc~///dy-/Finance / Human Resources S:kPIanning~HAKED\WP~PROJECTS~PAI2¢I BEACH COUNTY SCHOOL DISTRICT~97-M ANEX \CC Agenda Request Second Reading 7-17.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO, 01-.. 3 ~' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDI~ SCHOOL BOARD OF PALM , +_4.036 ACRE PARCEL 3F AND IN IS ANNEXATIOI CO OF)i: 171.044, AND PROVIDING L OF I, CITY USE OF THE ORDINANCE SHALL OF THE CIRCUIT COUNTY, FLORIDA, THAT AN THIS .ERK WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREA~ THE SCHOOL BOARD OF PALM BEACH COUNTY, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of +4.036 acres; and WHEREA$~.. the City of Boynton Beach hereby exercises its option to )nnex the following tract of land as hereinafter described, in accordance with Article ]:, Section 7 (32) of the Charter of the City and Section 171.044, and ! 71.062(2);-Florida Statutes; and WHEREAS, said tract of land lying and being within-Palm Beach :ounty is contiguous to the existing city limits of the City of Boynton Beach, ~nd will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW~ THEREFORE~ BE TT ORDAI'NED BY THE CI~TY COI~I~]~SSI'ON OF rTHE C]~TY OF BOYNTON BEACH~ FLORZDA, THAT: Section 1. Pursuant to Article ]:, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous ;cract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The North Half (N. 1/2) of the West Quarter (W. 1/4) of the North West Quarter (N.W. 1/4) of the North East Quarter (N.E. 1/4) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road right-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +_4.036 acres more or less. hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof,~- Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton leach, Florida, is hereby amended to reflect the annexation of said tract, of land nore particularly described in Section 1 of this Ordinance, Section 3: That by Ordinances adopted simultaneously herewith, the ~roper City zoning designation and Land Use category is being determined as :ontemplated in Section 171.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are ~ereby repealed. Section 5: ShOuld any section or provision of this Ordinance or any, )ortion thereof be declared by a court of competent jurisdiction to be invalid, such ecision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been ldvertised for two (2) consecutive weeks in a newspaper of general circulation in ne City of Boynton Beach, Flodda, as required by the City Charter and Section .71.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon ~assage. Section. 8. Section 9. the Circuit Court of Palm Beach County, Florida. FIRST READING this .~ day of / Specific authority is hereby given to codify this Ordinance. This ordinance, after adoption, shall be filed with the Clerk of ,2001. SECOND, FINAL READING and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~,TTES'I': Commissioner City Clerk (Corporate Seal) ;:ca\Ord'~Annexation - School District of PB Cty06250! ,2001. -DEVELOPMENT DEP~TMENT -PLANNING & ZONING DIVISION MEMO~IJM NO, PZ 01-114 TO: Chairman and MemberS Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Owner: Harry Fix School District of Palm Beach County Location: South side of HYPoluxo Road approximately ½ mile west of Congress Avenue and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) Land Use Amendment/Rezoning (LUAR 01-00~4) Property Description: Vacant property consisting of + 4.0 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to R-1 Single Family Residential (7.26 du/ac). Adjacent North: South: East: Land Uses and Zoning: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apattments developed at densities ranging from 7.4 to 10.4 du/ac. Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS 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 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. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 1 O-acre threshold The requested land use and zoning is consistent with the recommendatiohas of Section VIII Land _Use Problems and Oppommifies, found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential ~n recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family deVelopment to the west. .... - ' h Policy 1.19.8, of the Land Use Element of the Comprehensxve Plan states that Futurepubhc sc oo s sh~ll be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fir~, and Public Works), 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) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impacts to service capacity generated by this site since it will be used by the School Board for stormwater detention: As indicated herein, this req Ther~ CONCLUSIONS/RECOMMENDATIONS ; will not create will be City. included as , . A~ACHME~S J:~S HtLDATA~Planning~HARED\WI~PROJECTS~ALM BEACH COUNTY SCHOOL DISTRICT~97~M LUAR 01-004Xstaff r~port.doc LOCATION MAP EXHIBIT "A" ./ PUll LEI: LU ![io MILES 0 400 80O FEET Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 XI. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR . Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 200t LEGAL A. 3 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal c._ [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report ma..~ RECOM34ENDATION: Please place the request below on the July 17, 2001 City commission meeta~ ag~ under Legal, Second Reading. The City Commission with a unammons vote of 5-0 approved the First Reading of the ..~ Ordinance. The Planning and Development Board wath a unammous vote of 7-0 r_ecommended that the subject be approved, subject to staff comments. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-114 EXPL,4aNATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Land Use Amendment for a +4.0 acres parcel of land to reclassify from MR-5 (Palm Beach County designation) to Moderate Density Residential (MoDR). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A .. Devel~nt l~ePar~e~Dire~'6r~ P'janning & Zoning Dirct~tor ~ity Manager's Signature City AttOm~ / F~n~ace / Human Resources S:~Planning~SHARED\WPkPROJECTSkPALM BEACH COUNTY SCHOOL DISTRICT~97-M CC Agenda LU Second Reading Request.Form 7-17.dot S:XBULLETIlq~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING ON SOUTH SIDE OF HYPOLUXO i CONGRESS AVENUE AND LAWRENCE ROAD (SCHOOL 'PALM BEACH COUNTY); 89-38 OF SAID CITY BY THE ADOPTING THE PROPER LAND USE~OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED BEING CHANGED COUNT~ TO MODR DENSITY (CITY); FOR DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as MoDR (Moderate Density Residential). Said land is more particularly described as follows: The North Half (N. V2) of the West Quarter (W. ¼) of the North West Quarter (N.W. ¼) of the North East Quarter (N.E. ¼) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road fight-of-way of record, if any, and taxes for the year 2000 and thereafter. .Containing +4.036 acres more or less. Section 2: That any maps adopted in accordance with the Future Laud Use Element shall~' ~e amended accordingly. Section 3: All ordinances or parts of ordinances in contlict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it tn compliance. FIRST READING this ..~ dayof -.Jtxl4 ,2001. I dayof SECOND, FINAL READING and PASSAGE this ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ~:caxord~School District 4.026 acres Land Use Commissioner 'DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-114 TO: Chairman _and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June I 1, 2001 Proj ect/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Owner: Harry Fix School District of Palm Beach County Location: South side of Hypoluxo Road approximately ½ mile west of Congress Avenue and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) ~. Land Use Amendment/Rezoning (LUAR 01:004) Property Description: Vacant property consisting of+ 4.0 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to K-1 Single Family ReSidential (7.26 du/ac). Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. East: Vacant property Classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). Page 2 School Boaxd of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as LoW Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS 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 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. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first, then forwarded to the DCA for their records {"large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family development to the west. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/InstitutiOnal land use designations." In connection with previous annexation studies, depm~ments most affected by annexations (e.g. Police, Fire, and Public Works), 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) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impact~ to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. The;~fore, staff recommends that the subject request be apProved. If conditions of apprOval are recommended by the Planning and DevelOpment Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J:~I--nlDATA~PlanningKSHARED\WP\PROJECTS'~PALM BEACH COUNTY SCHOOL DISTRIC'I~7-M LUAR 01-004',.qtaff r~"port, doc LOCATION MAP EXHIBIT "A" 5.0 --~ i:::3 U r'~ LUl: LU! 1/8 MILES 400. '£00 FEET Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] Atlgust 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vl Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.rrr) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 XI-LEGAL ITEM A.4 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agead~ under Legal, Ordinances-Second Reading. The City Commission with a unanimous vote of 5-0 approved the Fir-~Read'.~ of the Ordinance. The Planning and Development Board with a unanimous vote o.f 7-0 recommended that this re]tuest ~ ~- approved· For further details pertaining to this request see the attached Planning and Zoning Memorandum No.,,0l- 11~2 ~ EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Kezoning of a _*4.0 acre parcel of land from AK (Palm Beach County district) to R- 1 Single Family Residential (7.26 du/ac). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTEIINATIVES: N/A ~ ~{ty Manager's S~gnamre Devell~prr~ent l~epartment Dtrector : ~'- ' - ' Planning & Zor~g Director if'-' ' dity Attorr~ ) 10inance / Human Resources S:~Planu~ngKSHARED\WP~PROJECTS~PALM BEACH COUNTY SCHOOL DISTRIC'B97-M CC Agenda REZ Second Keading7-17.dot S:~BULLETIN~FORMS~S~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO~ 01- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, REGARDING THE ~ THE SCHOOL ~BOARD OF PALM. BEACH COUNTY (A + 4.036 ACRE PARCEL LOCATED AT THE SOU~ SlX)El OF HYPOLUXO ROAD BETWEEN CONGRESS AVENUE AND LAWRENCE ROAD); AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (PALM BEACH COUNTY) TO R-1 (SINGLE FAMILY RESIDENTIAL); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said 2ity; and WItEREAS, the SCHOOL BOARD OF PALM BEACH COUNTY, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the COde of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land :onsisting of + 4.036 acres, said land being more particularly described hereinafter, from AR (Palm Beach County) to R-1 (Single Family Residential); and WItEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: The North Half (N. ½) of the West Quarter (W. ¼) of the North West Quarter (N.W. ¼) of the North East Quarter (N.E. ¼) Of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations; road fight-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +4.036 acres more or less. and the same is hereby rezoned from AR (Palm Beach County) to R-1 (Single Family t. esidential) A location map is attached hereto as Exhibit "A" and made a part of this )rdinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby e, pealed. Section 4: Should any section or provision of this Ordinance or any portion ereof be declared by a court of competent jurisdiction to be invalid, such decision shall lot affect the remaindgr of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. *IRST READING this 3 day of ,2001. iECOND, FINAL READING and PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\OrdkRezoning School Board of PBC - 4+ acres DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDU1VI NO. PZ 01-114 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Proj ect/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Owner: Harry Fix School District of Palm Beach County Location: South side of Hypoluxo Road approximately ½ mile west of Congress Avenue and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) __ Land Use Amendment/Rezoning (LUAR 01-004) Property Description: Vacant property consisting of + 4.0 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to R-1 Single Family Residential (7.26 du/ac). Adjacent North: Land Uses and Zoning: Right-of-way of Hypoluxo Road, then developed property (singlb family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent,to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. East: Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (~vith a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled ~vith the subject parcel for the development of an elementary school (97-M). Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS 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 inSection 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation 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. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale, amendments cannot be adopted until reviewed for consistency by the DCA). State annexation taw allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 1 O-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City of Bovnton Beach Comprehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family development to the west. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), 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) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impact§ to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this requeSt is consistent with the intent of the Comprehensi~ve Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staffrecommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". A~ACHME~S I:\SHI~DATA~Planning~SHARED\WP~PROJECTS~ALM BEACH COUNTY SCHOOL DISTRICT~7-M LUAR 0 l-O04xa~aff report.doc LOCATION MaP EXHIBIT "A" ~i. Cl i=UO LUI: : LU! i=U IZ} LUI: [~MELE © I/8 MILES 4.00 'SOO FEET Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 Xl. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 LEGAL A. 5 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] ~mnouncement [] Presentation [] City Manager's R :port RECOMMENDATION: Please place th6 request below o Ordinances-Second Reading. The City Commission with a Ordinance. The Pla~mng and Development Board wath atr For further details pertaining to this reques~t, see attached P1 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: L the July 17, 2001 City Commission meeting agenda ueder L~a-~, manimous vote of 5-0 approved the F~rst Reading o tl~ mnimous vote of 7-0 ~r~commended that this request be apprg~ nning and zomg Memorandum No. 01-113. tn Elementaxy School 98-I - Angela Usher School Board o~ Palm Beach County West side of South Congress Average, south of Golf Road and adjacent to the north side of the '~' Lake Worth Drainage District Lateral Canal 28 (L-28) Annexation of a +18.03 acre property which will be the site of a new elementaxy school (98-i). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNATIVE~~~ Deve~q~fl~nt bepartment Director Planning & Zoning Dffector ;- '~'~y Manager's Signature ,d/City Attc~e~/Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTSXPALM BEACH COUNTY SCHOOL DISTRICT'O8-1 CC Agenda Reques Annex Second Reading 7-17.dot S:\BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01-~E~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION ~ ROAD, WEST OF ANNEXING A CERTAIN TRACT OF LAND THA CITY LIMITS WITHIN THAT WII TERRITORY, OWNER OF SAID TRACT OF ANNEXATION PU SECTION 7 OF BOYNTON BEACt 171.044, AND 171.( PROVIDING THE DESIGNATION AND PROI CONGRESS ); UNINCORPORATED ~ THE "A TO THE CITY USE THE DATE; ORDINANCE SHALLi BE FILED OF THE CIRCUIT COUNTY, FLORIDA, -' CLERK BEACH WHEREAS~ the Comprehensive' Plan .for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS~ THE SCHOOL BOARD OF PALi~I BEACH COUNTY, as owner of the .property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of 18.03 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with ~,rticle [, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, 'BE 1'1' ORDA]:NED BY THE C~'TY COMHZSS:ZOfl OF THE CZTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Flori;cJa, to wit: The South one-half (S 1/2) of the Southeast one quarter (SE 1/¢) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per Lake Worth Drainage District Chancery Case 407 recorded in Official Records Book 6495, Page 761 for the L-28 Canal' right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton ~each, Florida, is hereby amended to reflect the annexation of said tract of land nore particularly described in Section 1 of this Ordinance. Section 3: That by separate Ordinances, the proper City zoning lesignation and Land Use category will be determined as contemplated in Section .71.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are ereby repealed. Section 5: Should any section or provision of this Ordinance or any ortion thereof be declared by a court of competent jurisdiction to be invalid, sucl~ lecisiOn shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been ldvertised for two (2) consecutive weeks in a neWS~)aper of general circulation in ~e City of Boynton Beach, Florida, as required by the City Charter and Section 71.044, Florida Statutes. Section 7. ~ssage. Section 8. Section 9. This ordinance shall become effective immediately upon Specific authority is hereby given to codify this Ordinance. This ordinance, alter adoption, shall be filed with the Clerk of :he Circuit Court of Palm Beach County, Florida. FIRST READING this ,~ day of --J ~ .,2001. SECOND, FINAL READING and PASSAGE this day of CI~'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,2001. ATTEST: City Clerk (Corporate Seal) ;:ca\Ord~nexation - School Dist~ct of PB Cty062501 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-113 TO: Chairman-and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Proj ect/ApPlicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-I Agent: Owner: Angela Usher School District of Palm Beach County Location: West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) File No: Annexation (ANEX 01-002) Land Use Amendment/Rezoning (LUAR 01-003) (Large-Scale) Property Description: Vacant property consisting of + 18.03 acres of land located in unincorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and rezone from Agricultural Residential to Public Use (PU). Adjacent North: Land Uses and Zoning: Developed single family residential property (Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Local Retail Commercial and zoned Community Commercial (R-3). To the Southwest, right-of-way of Palmland Drive then developed condominium residential (Palmland Villas) classified High Density Residential (10.8 du/ac) and zoned Multi-family residential (R-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3). Page 2 School Board of Palm Beach County Elementary School 98-1 File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Residential with a maximum PUD density of 5 du/ac. PROJECT ANALYSIS 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 Furore Land Use Map designation 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. This property is greater than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed land use amendment and rezoning, if approved by the city, will be transmitted to DCA for review and comment. While the annexation can move forward to adoption, the land use amendment and companion rezoning carmot be adopted until reviewed for consistency by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with anne~cation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the anne~cation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document recommends that upon annexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwellings to be compatible with adjacent residential development. Polic~y 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools be a use shall permitted in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercia!, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), 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) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city. via the mutual aid agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infra~h-ucture that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will COntribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved and that the requested land use map amendment be transmitted to review. If conditions t Or required,by the City Commission, they will ATTACHMENTS J:~SHRDATAkPlanningkSI-IARED\WP~ROIECTS~ALM BEACH COUNTY SCHOOL DISTRICT~98-1 LUAR 01-003'~taffr~port.doc LOCATION MAP '.,L.- £7 * ' Si EXHIBIT "A" REC' 0 1/8 MILES ~L__./ 400. '800 FEET Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 200t XI. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORiV Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 200t (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16,2001 [] November 6, 2001 LEGAL A. 6 Date Final Form Must be Turned in to CiW Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] A~strative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: To table the request below pending approval by the Florida Department of Community Affairs. Elementary School 98-1 Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Land Use Amendment for a +18.03 acre property for construction of a new elementary school, to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~/~A Dev~l~De~ a~t~D~or'~(~ Planning & Zo~kector City Manager's Signature City AtN~/ne~'t/Finance / Human Resoarces. J:LSHRDATAXPlanaing~SHARED\WP~PROJECTSXl~ALM BEACH COUNTY SCHOOL DISTRIC'I~g8-I LUAR 01-003~Ag~nda Item Requeat LUAR Second Reading 071701 .dot ORDINANCE NO. 01- 3q AN C~RDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED SOUTH OF GOLF ROAD,' WEST OF CONGRESS AVENUE THE LA~ USE ELEMENT OF .ME PLAN OF THE CITY BY LAND ;USE OF CERTAIN BEING CHANGED COUNTY) TO PPGI MR-5 t BEACH PUBLIC . AND: PRIVATE (CITY); WItEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a COmprehensive Furore Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance.~with the Local Government Comprehensive Planning Act; and WItEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and - WItEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, TREREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,, THAT: Ordinance No. 89-38 of the City is hereby amended to reflect the Section 1: following: That the Future Land Use of the following described land shall be designated as Private Governmental/Institution (City). Said land is more particularly follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per Lake Worth Drainage District Chancery Case 407 recorded in Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. Section 2: That any maps adopted in accordance with the Future Land Use Element' shal~ amended accordingly: Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of thisDrdinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date a final order is ssued by the Department of Community Affairs finding this amendment to be in compliance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this Ordinance by reference. FIRST READING this 3 dayof 3~ly ,2001. SECOND, FINAL READING and PASSAGE this dayof ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) :ca'ordkSchool Dislrict 4.026 acres l~nd Use Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] Algust 21, 2001 [] September4, 2001 XI. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m0 July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m,) August22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 LEGAL A. 7 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPL~NATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: To table the request below pending approval by the Florida Department of Community Affairs. Elementary School 98-I Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Rezoning of a +18.03 acre property from Agricultural Residential (Palm Beach County zoning district) to Public Use (PU) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zoning/[~irector '- City Manager's Signature ~/- ' City Attorney/!Finance / Human Resources J:~SHRDATA~Planning~S HARED\WI~RO JECTS~PALM BEACH COUNTY SCHOOL DISTRICTxg8-I LUAR 01-003~Ag~nda Item Requeat ~ Second R~ading 071701.dot ORDINANCE NO. 01- t~<D AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE SCHOOL BOARD OF PALM BEACH COUNTY (A 18.03 ACRE PARCEL LOCATED AT THE SOUTH SIDE OF GOLF ROAD, WEST OF CONGRESS AVENUE); AMENDING ORDINANCE 91-70 oF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (PALM BEACH COUNTY) TO PU PUBLIC USE (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the School Board of Palm Beach County, as owner of the ~roperty more particularly described hereinafter, has heretofore filed a Petition, >ursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Flo.rida, for the purpose of rezoning a certain tract of land consisting of 18.03 acres, said land being more particularly described hereinafter, fi.om AR (Palm Beach County) to PU Public Use (City); and WItEREAS, the City Commission deems it in the best interests of the nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter ~et forth. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per'Lake Worth Drainage District Chancery Case 407 recorded in Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land-lying in Palm Beach County, Florida. -Containing approximately 18.03 acres of land. and the same is hereby rezoned from AR (Palm Beach County) to PU Public Use }. A location map is attached hereto as Exhibit "A" and made a part of this y reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: All ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should any section or provision of this Ordinance or any portion by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be m compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days folloWing the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this Ordinance. FIRST READING this :3 dayof ,.Jctl~: ,2001. SECOND, FINAL READING and PASSAGE this __ day of ., 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner -- Commissioner ~TTEST: City Clerk (Corporate Seal) s:ca\Ord~zoning School Board 18.03 acre~ Requested City Commission Meeting Dates [] Ju~y 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 Xl. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 LEGAL A. 8 Date Final Form Must be Turned in to Cit,/Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business []: Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's eport RECOMMENDATION: Please place the request below on the July 17, 2001 City Commission meeting agenda Ordinances-Second Reading. The Caty Comrmssaon w~th a unammous vote of 5-0 approved the Ftrst Reading of~ Ordinance The Planmng and Development Board vath a dnammous vote of 7-0 recommended that this request b_~e appro~7.ed. For further details pertaining to this request, see attached Plaunmg and Zoning Memorandum No. 01-112. EXPLANATION: PROJECT NAME: AGEN~r: OWNER: LOCATION: DESCRIPTION: PROGRAM IMpAcT= RGRS, Inc. cr~ Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Kauth Road Annexation ora 0.615 acre parcel. N/A FISCAL IMPACT: N/A D evelopmen~'l~el~artm~nt Director-x- Planning & Zoning Dit~tor City Manager's Signature ff Caty At~ey / Finance / Human Resources S:LHanning~SHARED\WPXPROJECTSLRGRS, Inc\ CC RGRS Inc. Annex SecondReading Agenda Request 7-17.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- q t AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, (A SIDE OF WEST OF CERTAIN THAT A ~A~ OF LAND UPON TE A CITY ANNEXATION :PU[ OF BOYNTON BEACH, ~71.:044, AND 17 PROVIDING THE DESIGNATION AND I1 USE OF THE RATE EFFECTIVE DATE COUNTY, FLORIDA THIS BEACH WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREASt R.G.R.S., Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of .615 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article ][, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2),.. Florida Statutes.; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE~ BE 11' ORDATNED BY THE CITY COHt4]:SS:[ON OF THE cTrY OF BOYNTON BEACH, FLORI~DA, THAT: Section 1. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: That portion of Tract 6, Palm Beach Farms Company Plat No. 8, lying North of North right-of- way of State Road S-804, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 5, Page 73; Less the Easterly 150 feet thereof, and Less Lake Worth Drainage District Lateral No. 24 right-of- way. Containing approximately .615 acres of land. is hereby annexed to the City of Boynton Beach, Florida, and such land so mnexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial ;ou ndaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton ;each, Florida, is hereby amended to reflect the annexation of said tract of land nore particularly described in Section ! of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the )roper City zoning designation and Land Use category is being determined as :ontemplated in Section 171.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are ~ereby repealed. Section 5: Should any section or provision of this Ordinance or any,~ )ortion thereof be declared by a court of' competent jurisdiction to be invalid, such lecision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be pa~sed until the same has been Jvertised for two (2) consecutive weeks in a newspaper of general circulation in :he City of Boynton Beach, Florida, as required by the City Charter and Section 7:[.044, Florida Statutes. Section 7. tassage. Section 8. Section 9. This ordinance shall become effective immediately upon Specific authority is hereby given to codify this Ordinance. This ordinance, alter adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. READING this 3 day of FIRST ,2001. SECOND, FINAL READING and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ., 2001. City Clerk (Corporate Seal) s:ca\Ord~nnexafion - R.G.R.S. Inc 062601 ' DEVELOPMENT DEPARTMENT ' MEMORANDUM NO. PZ 01-112 TO: FROM: THROUGH: DATE: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 11, 2001 Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: RGRS, Inc PROJECT DESCRIPTION Richard A. Gesheidt Same North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Annexation (ANEX 01-001) -- Land Use Amendment/Rezoning (LUAR 01-002) Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CH8). To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS 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 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. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-sc.ale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if ,, approved by the mty, ',mil be adopted fn'st andthen forwarded to the DCA for their records ( large-scale amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of ~he subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all encl_~ves less than 10 acres, and ~ncrementally annexang enclave propemes w~th the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed ~o,r 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 receiye 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 Performance standards Ordinance will not be affectefi by tl~is proposed land use amendment and rezoning as no development of this Page 3 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Tr~ffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. As indicated herein, this request is consistent ; will not create additional impacts on infrastructure that have not been :anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore approval are recommended by the Planning by the: City Commission, they will be included as Exhibit "B'. ATTACHMENTS J:\SHRDATA\PlanningLSHARED\WIAPRO.IECTS\RGRS, ln¢\LUAR\staff report2, doc ! LOCATION MAP EXHIBIT A Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4. 2001 XI-LEGAL ITEM A.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 200! (5:00 p.m,) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business c::> [] Public Hearing [] Legal c.. --<c~ [] Bids [] Unfinished Business r--- [] Announcement [] Presentation un City Manager's Report -'o ~ .~. RECO~VIMENDATION: Please place the request below on the July 17, 2001 City Coiactdssion meeting agendarc~der~t~l, Ordinances-Second Reading. The C~ty Commass~on with a unammous vote of 5-0 approved the First Reading ofl~e .~ Ordinal. ce. The Planning and Development Board with a unanimons vote of 7-0_r~commended that this request be approved. For further details pertaining to this request, see attached Plaoning and Zoning Memorandum No. 01-112. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Land Use Amendment for a 0.615 acre parcel from Agriculture (Palm Beach County classification) to Local Retail Commercial. EXPLANATION: N/A PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/~ Development I~af~en~Di~ec~'o~' ~ Planning & ~Dffector City Manager's Signature City Attor/~y ~ ]~inance / Human Resources S:~Planning~SHARED\WPXPROJECTSLRGRS, IncXLUARXa~GRS, !nc. Agenda Item Request Second Reading 7-17.dot S:~BUL~ETINXFORMS~AGENDA ITEM REQUEST FORM.DoC ORDNANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE NORTH SIDE OF WEST BOYNTON BEACH BOULEVARD, S., INc.); CITY LAND USE ELEMENT OF THE OF THE LAND USE DESIGNATION IS AGRICULTURAL i COMMERCIAL CONFLICTS, SEVERABILITY DATE. FROM FOR WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Ordinance No. 89-38 in accordance--v,,ith the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DF BOYNTON BEACH, FLORIDA, THAT: Section 1 :. Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as ~ocal Retail Commercial. Said land is more particularly described as follows: That portion of Tract 6, Palm Beach Farms Company Plat No. 8, lying North of North right-of-way of State Road S-804~ according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 5, Page 73; Less the Easterly 150 feet thereof, and Less Lake Worth Drainage District Lateral No. 24 right-of-way. Containing approximately .615 acres of land. Section 2: That any maps adopted in accordance with the Future Land Use Element shall ~e amended accordingly. ,~ Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ,.% day of ~Jtxl,~ ,2001. SECOND, FINAL READING and PASSAGE this ~ day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor :Vice Mayor Commissioner Commissioner ~TTEST: City Clerk (Corporate Seal) :caXord~R.G.R.S. - land use Commissioner DEVELOPMENT DEP,~TMENT -MEMORANDUM NO. PZ 01-112 TO: FROM: THROUGH: DATE: Chairman and Members planning and Development Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 11,2001 PROJECT DESCRIPTION Project/Applicant: RGRS, Inc Agent: Richard A. Gesheidt Owner: Same Location: North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road File No: Annexation (ANEX 01-001) Land Use AmendmenffRezoning (LUAR 01-002) Property Description: Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CHS). Proposed change/use: To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Loc.al Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zOned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS 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 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. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted fn'st and then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will furth? the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of B°Ynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial.' In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), 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) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and 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 Performance Standards Ordinance will not be affected by this proposed land use amendment and rezoning as no development of this Page 3 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J:~HRDATA\PlanningkSHARED\WP',PROJ£CTS',RGRS. [v.c\LUAR\sraff repor~2.doc LOCATION MAP EXHIBIT A Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 XI-LEGAL ITEM A. IO CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Date Final Form Must be Turned m to City Clerk's Office July 5, 2001 (5:00 p;m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.): August 22, 2001 (5:00 p.m.!) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 200I (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business r_. '~ ''< [] Announcement! [] Presentation r-- [] City Manager'si Report RECOMMENDATION: Please place the request below on the July 17, 2001 City Commxsslon meeting ag~.~t~' under Legal,Ordinances-Second Reading. The City Commission with a unanimous vote of 5-0 approved the Fi~t R~ the Ordinance. The Planning and Development Board w~th a unammous vote of 7-0 recommended that this r~ues~ of approved. For further details pertaining to this request; see attached Planmng and Zomg Memorandum No. 0{r112r~ EXPI~ANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road / Rezoning of a 0.615 acre parcel fi:om High Intensity Conurtercial (CHS) (Palm Beach County zomg ) to Commumty Commercial (C-3). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A C~ty Manager's Signature ORmNANCE NO. q $ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR.IDA, REGARDING THE APPLICATION OF THE R:G.R.S., INC., (A .615 ACRE PARCEL LOCATED AT THE NORTH SIDE OF WEST BOYNTON'BEACH BOULEvARD, WEST OF CONGRESS AVENUE); AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN ~TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HIGH INTENSITY COMMERCIAL (CHS) COUNTY TO C-3 COMMUNITY COMMERCIAL (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WItEREAS, the R.G.R.S., INC., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of .615 acres, said land being more particularly described hereinafter, from High Intensity Commercial (Palm Beach County) to C-3 Community Commercial (City); and WItEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TIL4T: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: That portion of Tract 6, Palm Beach Farms Company Plat No. 8, lying North of North right-of- way of State Road S-804, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 5, Page 73; Less the Easterly 150 feet thereof, and Less Lake Worth Drainage District Lateral No. 24 right-of- way. Containing approximately .615 acres of land. e and the same is hereby rezoned from High Intensity Residential (Palm Beach County) :~ C-3 Community CommerCial (City) A location map is attached hereto as Exhibit "A" nd made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended :cordingly. Section 3: All ordinances or pans of ordinances in conflict herewith are hereby Dealed. Section 4: Should any section or provision of this Ordinance or any portion tereof be declared by a court of competent jurisdiction to be invalid, such decision shall ot affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ..J u ~,J ,2001. SECOND, FINAL READING and PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) :ca\OrdXRezoning I~G.R.S..615 acres -DEVELOPMENT DEPARTMENT - MEMORANDUM NO. PZ 01-112 TO: FROM: THROUGH: DATE: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 11, 2001 PROJECT DESCRIPTION Project/Applicant: RGRS, Inc Agent: Richard A. Gesheidt Owner: Same Location: North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road File No: Annexation (ANEX 01-001) .., Land Use Amendment/Rezoning (LUAR 01-002) Property Description: Vacant property COnsisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CH8). Proposed change/use: To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 014)01 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as LOcat Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS 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 w/th the city's Comprehensive Plan Future Land Use Map designation 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. This commercial property is less than 10 acres m size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first and then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Bo,~aaton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial" In connection with previous annexation studies, departments most affected by annexations (e.g: Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these depa~tntents supported the incremental annexation of enclaves. These opinions' have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and 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 Performance Standards Ordinance will not be affected by this proposed land use amendment and rezoning as no development of this Page 3 RGRS, Inc. ~: File Numbers: ANEX 01-001 and LUAR 01-~2 :~ .... "~ '~ property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. C ONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the ComprehenSive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved, If conditions of approval are recommended by the Planning and Development Board or required by the City: Commission, they will be included as Exhibit "B". ATTACHMENTS J:\SHRDATA\Planning\$HAR~D\WP\PRO. I£CTS\RGRS. In¢\LUAR\staff repora~doc LOCATION MAP BEACH EXHIBIT a -I .. : [ Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] At,gust 21, 2001 [] September 4, 2001 XI-LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p~n.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UNfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on Ordinance, First Reading. The City Commission voted unanimously to approve the rezonmg on November 19, 1996. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: East Ridge PUD Kevin O'Riordan Robust Development Company Northeast of the intersection of Northeast 4th Street and Northeast 20t~ Avenue. Rezoning of_+5.054 acres of property from R-3, Multiple-family Dwelling to Planned Unit Development with a Land Use Intensity of 7.0 (PUD LUI:7.0). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE · N/A lrector IJ~el~pm~ttt Departn~ent B' Planning & Zonir~ Director City Manager's Signature ' ~ity Attor~y-~inance / Human Resources I:\SHRD/~TA~Planning~SHARED\WI~ROJECTSkEast Ridge'~RF..Zl~CCAgm~da First Rm~ding RF.22gOT1701.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A 5.05 ACRE TRACT OF LAND COMMONLY KNOWN AS EAST RIDGE, FROM ~TIFAMILY RESIDENTIAL (R-3) TO PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City Commission of the City of Boynton Beach previously on November 19, 1996, approved a rezoning request .to change the zoning on 5.05 acres of property located 100 feet northeast of the intersection of N.E. 4th Street, and N.E. 20th Avenue, approximately 300 feet south of N.E. 22nd Avenue, from R-3 (Multiple Family Dwelling District) to Planned Unit Development, known as East Ridge, subject to staff comments; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map to reflect this action, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORID& THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A parcel of land in Section 15, Township 45 South, Range 43 East, Palm Beach County Florida, more particularly described as follows: East Ridge P.U.D. according to the Plat thereof recorded in Plat Book 82, Pages 118 - 120, Public Records of Palm Beach County, Florida, and also being a replat of a portion of Lot 27 and all of Lots 28 and 29 of SAM BROWN JR'S SUBDIVISION as recorded in Plat Book 1, Page 81, Public Records of Palm Beach County, Florida. Containing approximately 5.054 acres of land. )e and the same is hereby rezoned from Multifamily Residential (R-3) to Planned Unit )evelopment. A location map is attached hereto as Exhibit "A" and made a part of this )rdinance By reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby epealed. Section 4: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall tot affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of July, 2001. SECOND, FINAL READING and PASSAGE this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\Ord~ezoning East Ridge PUD DEPA TTMENT OF DEVELOPMENT Pllmning and ZOning Division · Occu~tloflidLIcenses · C~,~.un.r eJ gu#ding · Plenm'zg & Zoning July 3, 2001 Mr. Kevin O' Riordan Robust. Development Company 941 North State Road 7 Plantation, Florida 33317 RE: East Ridge PUD Rezoni~i g Dear Sir: It has come to staff's attention that!although the Boynton Beach City Commission approved the rezoning for the East Ridge PUD in; ~lovember 1996, no ordinance was ever brought forward which would officially change the Zoning designation to PUD on the City' s Official Zoning Map. The City Attorney* s Office is mowi~g forward to process the necessary ordinance for adoption as soon as advertising requirements p~! trait; howeVer, since the property has changed ownership since the request for rezonin8 was origini.lly processed, we will need written approval from the new oWner(s) to proceed. My request is~ that you send me a brief letter stating that you, as agent for the present owner(s), wish the City to c~mplete the rezoning process for the East Ridge PUD as approved by the City Commission i,n November 19, 1996. If you have any questions in this m.!.tter, please contact me at (561)7~,2-6264. Yours truly, Dick Hudson, Senior Planner City ~)f Boynton Beach · 100 Eauti3oynton Beach Blvd. · P.O. Box 310 Boynton Beach, FL 33425-0310, ~ Phone: ($61) 742-62~ ) · Fax (56t) 742-6259 · www.ci.boynton-beaoh.fl-us JUL-S-200! ~:$0A FROM: ~e~n O'R~or~an TO:lS61T4~6~59 P:~z~ July 5,2001 City of Boynton Beach Mr. Dick Hudson AICP 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33435 RE: EAST RIDGE PUD Dear Mr. Hudson: t am in. receipt of your letter of July 3, 2001, concerning the rezoning ord/nance for the above referenced site, As agent of Robu~ Development Company, the neW owner of subject site, I am formally requesting that you complete thc rezoning process as soon as possible. I und~-rsumd that the ~ity commission originally approved the change of zoning desi~adon but did not complete the process. I understand that this procedure is a formality and will not hold up the permitting Thank you for your prompt attention ~o this m. at~. ff you have any questions or need additional information, call me on my cell phone at 954-444-5250. tru j./iy, / ! Your~ Kevln C~'Riordan. ~ice Presidc~ 941 N Stare Rd 7- Plnntation, FL 33317- 954-64.1-1500 - Fax 792-5692 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 XZ-LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5,2001 (5:00 p,m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 200l [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] [] Announcement [] City Manager's Report [] Development Plans New Business [] Legal , ,l'-IUnfinished Business [] Presentation RECOMMENDATION: Please place this request on the July 17, 2001 City Commission agenda under ~e~gal,~ ~- Ordinance-First Reading. The City Commission approved the recommendation of Staff on July 3fa. You will reca~ ~hat th~ Planning and Development Board with a 6-1 vote recommended the applicant's request be denied, which was to amend the zoning district regulations to allow a cosmetology school as a permitted use within,the C-1 zoning district (which would also carry forward into the C-2, C-3 and C-4 districts). Alternatively, the Planning and Development Board recommended that the staffrecommendation be approved, which is to amend the zoning code to allow cosmetology schools as conditional uses m the C-3 zoning district, and to add a definition for cosmetology and barber schools. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: COSMETOLOGY SCHOOL IN C-1/BOYNTON-CATALINA Weiner & Aronson, P.A. Boynton Catalina 1753 N. Congress Avenue Request to amend Chapter 2, Zoning, Section 6.A. 1.n and 6.A.1.0 to allow cosmetology schools as permitted uses in the C-1 zoning district, which would also allow the use in the C-2, C-3 and C4 zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A City Manager s Signature JZ~e~f~ls~en[/D~par tmeht Director "-'" Plan"i~g & Zoning~irector ~' ' City Att~!]nby/'Finance / Human Resources S:~Planning~SHARED\WPkPROJECTS\CosmetologyAgenda Request first reading 7-17.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE -CITY. OF BOYNTON BEACH~ FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1. GENERAL PROVISONS, ARTICLE Il. DEFINITIONS TO INCLUDE "COSMETOLOGY AND BARBER 'ZONING, 6~ REGULATIONS AND USE PROVISIONS, SUBSECTION C. C-3, :IAL DISTRICT A CONDITIONAL USE IN C-3 ZONING DISTRICT; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 1, General Provisions, Article II of the Land Development Regulations sets forth definitions and staff has recommended that the definition for Cosmetology and Barber Schools be included; and ~ WHEREAS, staff has also recommended that cosmetology schools be added a~ a conditional use in the C-3 zoning; NOW THEREFORE, BE IT ORDAINED B~ THE CITY COMMISSION OF THE CITY OF BOYNTON BEACIt, FLORIDA, THAT: Section 1. The foregoing whereas clauses are mae and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 1. Article II, Definitions, is hereby amended to add the following definition: COSMETOLOGY AND BARBER SCHOOLS - An establishment primarily engaged in offering training in barbering, hair styling, or the cosmetics arts, such as makeup or skin cre. These schools provide iob-specific certification. Section 3. That subsection C. C-3 Community Commercial District is hereby .. amended by adding language, as follows: gg. Cosmetology schools including barbering, hair styling, or the cosmetics arts, such as makeup or skin care, if in conjunction with the detive _ry of the service to'the general public on a daily basis * Section4. Each and every other provision of the Land Development Regulations n6t herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this day of July, 2001 SECOND, FINAL READING AND PASSAGE this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 01-120 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W' Rumpf ~d Zo~~ Director of Planning g Maxime Ducoste-Am~d~e, Planner June 13, 2001 CODE REVIEW CDRV 01-002 Cosmetology School added to the list ofpermi-tted uses in the C-1 zoning district. NATURE OF REOUEST Mr. Michael Weiner, Weiner & Aronson, P.A. representing Boynton Catalina Center, is requesting that cosmetology schools be added to the list of permitted uses in the C-I, Office and Professional Zoning district. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the C-1 zoning district (Chapter 2, Zoning, Section 6. A. 1. n and 6. A. 1 o.) to read as follows: "n. Instruction or tutoring, with a gross floor area of less than two thousand (2, 000) square feet, limited to instruction or tutoring, for office occupations, cosmetolo~, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade, or industrial instruction, except a._~s permitted above." "o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction o_..~r tutoring for office occupations, cosmetology, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade, or industrial instruction, except as permitted above. *" By allowing it in the C-1 'district, unless specifically addressed or restricted in the C-2 and C-3 districts, the use would then carry forward as a permitted use. It should be noted that the effects of the subject request, if approved, would be citywide; however, the desired location for the school is in the Boynton Catalina Center (zoned C-3). BACKGROUND Currently, the City's Land Development Regulations do not define cosmetology or beauty schools. The Florida Department of Education, in Florida Statutes Section 246.203, states the Page 2 CDRV 01-002 following: "Business, management, trade, technical, or career education" means any instruction which prepares a person for employment in an occupation... "(see Exhibit "A"). The State definition of "school", identifies cosmetology schools under the Technical and Trade SchoOl category. The City's regulations include cosmetology schools under a trade category based upon the North American Industrial Classification System (NAICS) Classification (see Exhibit "B"). A~cordingly, cosmetology schools are currently categorized under the trade category and would therefore be prohibited in commercial districts, but allowed in the M-1, Light InduStrial zoning district, which permits trade schools. By general interpretation, the C-1 zoning dist~ct includes an extensive list of office and prof.~.ssional permitted uses, which then carry forward as either permitted or cond~ti°nal uses in the C-2. t zoning districts. The City's Land Development Regulations Chapter 2, Section 6. A. 1., limits the C-1 zoning district to :offices and professional uses; however, the current list does not include cosmetology or beauty schools. The same C;1 district, Section 6. A. 1. (n) permits: "n. instruction or tutoring, with a gross floor area of less than two thousand (2,000) or academic tutoring, and specifically excluding art, recreational, instruction." and Section 6. B. 1. (o), permits as a conditional use: "0. instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction or tutoring for office occupations, cosmetology, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade, or industrial instruction, except as permitted above. *" Also, Section .6,; A. 1. (s) permits: "Barber shops, beauty salons, manicurists, tailors, and dresJmakers. * as a conditional use in the C-1 zoning district. Furthermore, in the C-2, Nei~hborhood Commercial zoning district, Chapter 2 Section 6. B. 1. (x), permits: thefollowmo personal and household and services: Barber shop, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers. Fmally,-m the C-3, Commumty Commermal zomng district, Chapter 2 Section 6. C. 1. (a) permits: "Any use permitted in C-1 or C-2 districts, without specific limitation on floor area." The retail or service aspect of this trade is permitted in these two districts; however, the respective schools are not permitted. ANALYSIS The applicant has stated in the letter of request (see. Exhibit "C ") that the City's provisions are: too ~roadly worded and would create a distmctmn whereas the cutting of hmr and the teaching of the art of cutting hair wOuld be treated differently". In support of l~is position, the applicant indicated that for a zoning ordinance to be valid, there must be a substantial relationship to the publiC's general welfare." In this instance, there is no such linkage between the general welfare and the exclusion of the use caused by the ordinance being overly broad. Staff understands that indeed the zomng regulatmns may also lead to ~ncons~stent interpretation in regard to the Page $ CDRV 01-002 relationship between the public's welfare and the allowance of such use. For comparative purposes, staff surveyed local governments to obtain their respective regulations on cosmet01ogyschools. Of the six schools commercial distficts~ The' Village of cate however, if they charge a fee General Commercial or Greenacres permits cosmetology/beauty district and could be ancillary to ia regulations varies among other described by other codes appears comparable to Boynton zomng .g off- With street parking spaces, 16. c. (7) requires vocational schools: (1) parking space per two hundred, or shops, plus required space for an) and recreation facilities. Paragraph # (22) requires ~ space per one hundred (100)square~ .0) requires for perSonal, professional, ng, repairing, and servicing: one (1) p floor area. The general intent and purpose of the C-1 zoning district is to provide adequate office and professional uses and serve as a transition zone between the and more intense commercial uses. The minimum lot size for any property in a C-l, and Professional '' the Zoning district to be developed is 9,000 square C-2 and C-3 zoning districts are respectively 5,000 square feet and square these zoning districts permit more.uses, generate more activities and traffic, and require more parking spaces to meet the intent and p~ose districts offer a wider range of uses to serve the entire community. If the proposed school Were to be permitted in the C-1 district, with a minimum lot area of 9,000 square feet with the maximum lot coverage of 40%, parking requirement for school would be 72 spaces. However, if the same 9,000 square feet with the same of 40% were to be used for office/professional uses, parking requirement would be 12 spaces, allowing the proposed use in the C-1 zoning district would intensify and in contrast to the ;tics and performance of the C-1 zoning district. RECOMMENDATION Based on this analysis, staff recommends that this request to amend the City's code to include Page 4 CDRV 01-002 cosmetology schools in the C-1 zoning district be denied. However, also based on the analysis contained herein, which identifies the similarity of the proposed use and the C-3 zoning district, staff recommends that the regulations be amended to allow cosmetology schools as conditional uses in the C-3, Community Commercial zoning district. Furthermore, staff recommends that this oppommity to amend the code be used to also insert a definition for cosmetology schools. It is the opinion of staff that this code revision, if approved as requested by the applicant, would have a certain level of impact on the Citywide distribution of uses within all commercial zoning districts. Staff further believes that the subject use will not perform similarly, and would intensify activities in the Office/Professional (C-I) and Neighborhood Commercial (C-2) districts. Also, this alternative, would improve the consistency between the city regulations and those regulations of other municipalities in Palm Beach County. Therefore, staff recommends that the Land Development Regulations, Chapter 1 General Provisions, Article lI, Definitions, be amended by adding a definition of Cosmetology and Barber SchoOls based on the North American Industrial Classification System 0xTAICS), as follows: "An establishment primarily engaged in offering training in barbering, hair styling, or the cosmetics arts, such as makeup or skin care. These schools provide job-specific certification." It is also recommended that the C-3, Community Commercial district regulations be amended by adding a new permitted item "gg? to read as follow: "Cosmetology schools includingI barbering, hair styling, or the cosmetics arts, such as makeup or skin care, if in conjunction with the delivery of the service to the general public on a daily basis. *" Staff recommends that this addition be as a conditional use, to allow for case-by-case analysis to review size and impacts, and site compatibility. Exhibits S :XP I..ANNINGXS HAKED\WPkPROJECTS\COS M ETO IDGY SCHOOL~STAFFKEPORT.DOC EXHIBIT "A" February:8, 2001 Mr. Jose Alfaro Planner Boynton Beach City Hall 100 East Boynton Beach Blvd. Boynton Beach, Florida 33125 Re: ' Definition of School Dear Mr. Alfaro: The Executive Director, Mr. Samuel Ferguson, has asked that I respond to phone call of February 8,2001 concerning the definition of"School". Florida Statutes Section 246.203 States: (1) "School" means any 'nonpublic' Postsecondary non collegiate career educational institution association, corporation, person, partnership, or organization of any type that: (a) Offers to provide or provides any postsecondary program of instruction, course, or cla'ss through the student's personal attendance, in the presence of an instructor, in a classroom, clinical, or other practicum setting or correspondence or other distance learning ........ (2) "Business, management, trade, technical, or career education" means any instruction which prepares a person for employment in an occupation ...... For additional information you can read Sections 246.201 - _46.01, Florida Statutes. It may be of some help to you, to know that this Board was called the "State Board of Independent Postsecondary VOcational, Technical, Trade and Business Schools" until 1999. FlOrida Department of £d~cafion PL 08, The Capitol Tallahassee. Florida 32~I79-O400 (8!;0) 487-178!;-Phone (850~ 41~-O~78-Fax EXHIBIT "A" Page 2 Mr. Alfaro February 8, 2001 IfI can be of further service, please call me at (850) 488-9504. Sinc~Y, , ,/q . · "" Guery Davi~, Ph.D. Program ~4~e-cialist State Board of Nonpublic Career Education 2600 Apalachee Parkway Tallahassee, Florida 32301 EXHIBIT "B" 622 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM 61143 Professional and Management Development Training See industry description for 611430 below. 611430 Professional and Management Development Training This industry comprises establishments primarily engaged in offering an array of short duration courses and seminars for management and professional development. Training for career develop- ment may be provided directly to individuals or through employers'training programs; and courses may be customized or modified to meet the special needs of customers. Insmaction may be provided at the establishment's facilities or at an off-site location, including the client's own facilities. Cross-References. Establishments primarily engaged in- - Advising clients on human resource and training issues without providing the training-- are classified in U.S. Industry 541612, Human Resources and Executive Search Consulting Services; and ° Offering academic degrees (e.g., baccalaureate, graduate level)mare classified in Industry 611310, Colleges, Universities and Professional Schools. 6115 Technical and Trade Schools 61151 Technical and Trade Schools This industry comprises establishments primarily engaged in offering vocational and technical training in a variety of technical subjects and trades. The training often' ~eads to job-specific certification. Illustrative Examples: Apprenticeship training programs Aviation and flight training instruction schools Computer repair training Cosmetology schools Electronic equipment repair training Graphic arts schools Modeling schools Nursing schools (except academic) Real estate schools Track driving schools Cross-References. Establishments primarily engaged · Offering courses in office procedures and secretarial and stenographic skillsmare classified in Industry 61141, Business and Secretarial Schools; · Offering computer training (except computer repair)--are classified in Industry 61142, Computer Training; · Offering professional and management development training~are classified in Industry 61143, Professional and Management Development Training; · Offering academic courses that may also offer technical and trade courses are classified according to the type of school; US~United States industry only. CAN--United States and Canadian industries are comparable. When neither US nor CAN appears. Canadian. Mexican, and United States industries are comparable. http:l/www.ntis.gov/naics EXHIBIT "B" EDUCATIONAL SERVICES 623 · Specialty air transportation services which may also provide flight training--are classified in Industry 48121, 'Nonscheduled Air Transportation; and · Offering registered nursing training--are classified in Industry 6I 121, Junior Colleges or Industry 51131, Colleges, Universities and Professional Schools. 611511 Cosmetology and Barber Schools.~s This U.S. industry comprises establishments primarily engaged in offering training in barbering, hair: styling, or the cosmetic arts, such as makeup or skin care. These schools provide job-specific certification. 611512 Flight Tra/ningU.s Th/s U.S. industry comprises establishments primarily engaged in offeH, ng aviation and flight training. These establishments may offer vocational training, recreational training, or both. Cross-References. Establishments primarily engaged in specialty air transportation services which may also provide t~iglat training are classified in U.S. Industry 481219, Other Nonscheduled Air Transportation. 611513 Apprenticeship Trainingus This U.S. industry comprises establishments pdmarilyengaged in offering apprenticeship training programs. These programs involve applied training as well as course woH~. 611519 Other Technical and Trade Schoolsus This U.S. industry comprises establishments primarily engaged in offering job or career vocational or technical courses (except cosmetology and barber tra/ning, aviation and flight training, and apprenticeship training). The curriculums offered by these schools are highly structured and special- ized and lead to job-specific certification. Illustrative Examples: Bartending schools Broadcasting schools Computer repair training Graphic ax~ schools Modeling schools Real estate schools Truck driving schools Cross-References. Establishments primarily engaged in- · Offering courses in office procedures and secretarial and stenograpkic skills--are classified in Industry 6114!0, Business md Secretarial Sch6oIs; · Offering computer training (except computer repair)tare classified in Industry 6ti420, Computer Training; US--United States industry only. CAN--Ur/ired States and Canadian industries are comparable. When neither US nor CAN appears. Canadian. Mexican, and United States indusu'ies are comparable. htr p://www.ntis.gov/naics MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATFORNEYS AT LAW The Clark House 3.02 North Swinton Avenue Delray Beach, Flodda 33444 265-2666 Telecopi~ E-mail: EXHIBIT'"C" - ' OF COUNSEl' ROBERT MARC $CHWAR'I-Z, P.A. Rodda Bar Board Certified Real Estate Lawyer May 15, 2001 Via Hand-Delivery Mr. Michael W. Rumph Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Text Amendment Application: Boynton-Catalina, L.P., '!753 N. Congress Avenue, Boynton Beach, FL 33426 Our File No.: BOYC00'1 Dear Michael: I was advised that there is no city prescribed application form pertaining to Text Amendments. Therefore, this letter with the enclosures is being filed as a formal Text Amendment request. Please find enclosed the following: A check in the amount of Two Hundred Fifty Thousand Dollars ($250.00) payable to the City of Boynton Beach. The applicable text of Section 6.A. 1 .n. and Section 6.A. 1 .o. of the Boynton Beach Zoning Code, wherein the changes are shown with underlining. We understand that in addition to the filing fee above, there will be a charge for advertisement of the propo§ed text change. Please advise us of the Cost and we will forward payment to you. The reason for the text change is that a tenant of Boynton-Catalina, L.P. engages in the business of operating as a beauty salon and in addition, operates as a school teaching the art of cosmetology on the same premises. As a result of certain broadly worded provisions which the proposed text change now amends, the cutting of hair in the zoning district and the teaching of the art of cutting hair in the zoning district would be treated differently. There is no rational relationship to the protectior a public benefit to be derived by making such a distinction. Mr. MiChael Rumph May 15, 2001 Page 2 EXHIBIT"O"'-: it is well-settled that a zoning ordinance to be valid must bear a substantial relation to the public health,, safety, morals or general welfare_ If a zoning restriction exceeds the bounds of, necessity for public welfare, then they may not be sustained. Where there is an exclusion of a use, there must be a substantial relationship to the general welfare.- In this instance, there is no such' linkage between the general welfare and the exclusion of the use. Accordingly, the ordinance is overly broad. Let me point out to you that this change will not affect the zoning plan for-the city. It will not jeopardize or materially affect this particular zoning district. There are no policies in the Comp,r~,hensive Plan for the City of Boynton Beach, Florida which mandate that such a distinction should be ma'de to the contrary. Cos~netology schools provide an affordable alternative to the community for beauty treatment and asSist young people not otherwise college bound to have a profession. Please note that these changes are to the C-1 zoning district. The property in question is actually located within a C-3 zoning district, but any use permitted in C-1 or C-2 districts are allowed within the c-3 zoning district. Other uses within C-1 zoning districts include funeral homes with crematoriums, hospitals, nursery schools, day-care centers and other~pre-sch0ol activities, and as conditional uses, restaurants and mini-warehouses. Given the rest of uses within C-1, the teaching of the art of cosmetology would not be out of character with the intended scope and purposeof the zoning'¢istrict. It should be @ointed out that the State of Florida has its own Board of Cosmetology authorized by state statute and that pdvate schools of cosmetology are supervised by the State Board of Non-Public Career Education. 'It is well-recognized in the State bf Florida that one's right to devote his real estate to any legitimate use is properly within the protection of the Constitutions of the United States and Flodda Zoning codes shoul~l no~ impose restrictions which are unnecessary or unreasonable upon the us~ .of pdvate property or the pursuit of usable activities. An action imposing restrictions on private property must be kept within the limits of necessity for the public health, morals, safety or general sW~olfu~eieA~odiv~g~y, under these standards, we believe that the recommended zoning change I am confirming with'you that this letter and the submissions with it are sufficient for the purposes of placing this particular item before the Planning. & Zoning Board for the City of Boynton Beach on June 26,' 2001 and before the City Commission of Boynton Beach on July 3, 2001. PLAN;~.ING ZONING DE?T Mr. Michael Rumph May'15, 2001 Page 3 I~ou should need anything further from the undersigned, please do not hesitate to contact rne. · . :ee'~~'~rs, ~, ~' Enclosures CC: Boynt(~n-Catalina, L.P. (w/enclosures) Richard L. Allen, Esquire (w/enClosures) Alan J. Ciklin, Esquire (w/enclosures) \\Ntserver~work\BOYCOOl\LetterRum pf. MaylO.wpd n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction or tutoring for office occupations, cosmetoloqy, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade or industrial instruction, except as permitted above. o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction or tutodnq for office occupations, cosmetology, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade or industrial instruction, except as permitted above. \\NLserver\work~BOYC00 l~¢,ddition.wpd Requested City Commission Meeting Dates ~ July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 XZ-LEGAL I'TEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit3, Clerk's Office July 5,2001 (5:00 p.m.) July 18, 200l (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 200t (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Firefighters Pension Buyback Ordinance. EXPLANATION: Enables Firefighters to purchase prior service with another jurisdiction or prior military service at no cost to the City and no cost to Firefighters' Pension Fund; The firefighter purchasing the service bears the FULL actuarial cost. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: N/A Department Head's Signature ~S~gnamre Pension Administration Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSka, GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, -AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR FIREFIGHTERS, CREATING A: NEW SECTION ~ OF NOT MORE THAN FIVE TIME SPENT IN THE UNITED STATES ARMED FORCES OR AS A FULL TIME FIREFIGHTER; PROVIDING CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, THE City OF Boynton Beach, Florida presently has a retirement and trust fund for fn'efighters;and WHEREAS, the City of Boynton Beach, Florida, wishes to recognize the service of its firefighters who have been members of the United States Armed or who have served as firefighters in other jurisdictions and who have served the Beach for the necessary time to eam~a normal retirement; and WHEREAS, past service and military buyback is authorized under Section 175.032(4), Florida Statutes; and WHEREAS, the Board of Trustees of the Firefighters Pension Trust Fund has passage of this Ordinance; and WHEREAS, the City Commission finds that the passage of this ordinance is in of the firefighters and the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 18, Article IV, Pensions for Firefighters is hereby aaended b~, creafing'a new section 18-190, as follows: 18.190. Purchase of Military/Fire Service Credit -'Upon entry into the Plan, members shall be permitted to purchase up to an additional five (5) years of credited service based upon (i) service as a full-time firefi~hter employed by a city, county, state, federal or other public agency or (ii) military service in the Armed Forces of the United States. Temporary, auxiliary_, reserve, volunteer or private agency service shall not apply. Service credit purchased under the provisions of this section shall not count for vesting purposes. Prior service shall not be granted until the member has paid to the Pension Fund the actuarial cost of the service purchased, as determined by the actuary for the Plan. Members purchasing service credit shall provide the Board of Trustees with proof of prior service with honorable separation. No service credit may be purchased if the member is receiving or will receive any other retirement benefit based on this service. The Board shall establish a uniform rule for the implementation of this prov~ston. The contribution by the member of the-a~tuarially determined cost of the buyback may be made in one lump sum or may be made by payroll deductions in installments for a period of time which shall not exceed the number of years being purchased. A member electing to make installment payments shall be charged interest based on the actuarially assumed rate of return for the Plan. A member making installment payments shall complete all required: payments prior to payment of any benefit under this section. A member who terminates service prior to- vesting in the Plan shall be entitled to a refund, without interest, of all money paid to buvback prior military_ or fire service. Section 2. Each and every other Section of Chapter 18, not herein specifically nnended, shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and he same a~e hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, ny 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 5. Authori~ is hereby granted to codify said Ordinance. Section 6. This Ordinance shall become effective i~ediately upon passage. FIRST READING this day ofJuly,200l. SECOND, FINAL READING ~ PASSAGE this day of August, 2001. CITY OF BOYNTON BEACH, FLORIDA ~.TTEST: Vice Mayor Commissioner Commissioner Commissioner City Clerk I{OBERT D. ]~LAUSNER. P.A. ATTORNEYS AT _AW 10059 NORTHWEST IST COURT PLANTATION. FLORIDA 333:::'4 TEL: (954) 916-1~02 FAX: (954} 916-t;~3~ Website: www.robertdklausner.com Writer's e-mail: bob@robertdklausner.com June 26, 2001 Mr. Kurt Bressner City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: Firefighter Pension Buyback ordinance Our File No. 90-0334 Dear Mr. Bressner: Enclosed please find a proposed military and prior service buy-back ordinance for the Firefighters Pension Plan. In consultation with the Plan's actuary, the Firefighter Pension Board has drafted the ordinance to permit members to purchase up to five years of prior full-time firefighter service with another jurisdiction or prior military service. Since a m~mber electing to purchase the requested service will be required to bear the full actuarial cost, the ordinance will not have any financial impact o~ the City or the PensiOn Plan. You will also note that service credit purchased under the ordinance does nqt count for vesting purposes and should not have any negative effect on turnover for the membership of the Plan. Finally, the ordinance does not permit the purchase of service credit if the member is receiving or will rgceive any other retirement benefit based on the prior service. As such, the ordinance meets the requirements of Chapter 175, Florida Statutes. T.~e Firefighter Pension Board has reque_~d that the enclosed ordinance be p.l, aced on the next available City Co~ss>on agenda. Should you have any q~estions- or comments, please feel /free/do ca~ .. / / ,4 C'~...,:.-'-'"'~ RDK: ap 1 ~/ / Enclosure cc: Mike Smollon, Chairman Barbara LaDue, Administrator Jim Cherof, City Attorney GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. · Suite 200 * Ft. Lauderdale. FL 33301 · 954-527-1616 · FAX 954-525-00~ June 27,2001 Board of Trustees Boynton Beach Firefighters Pension Trust Fund 100 East Boynton Beach Boulevard Boynton Beach, Flodda 33425-0310 Re: Buy Back Ordinance Dear Trustees: We have reviewed the proposed ordinance that would permit members to purchase up to five years of military or prior firefighter service. Because the member opting to buy such service would be required to pay the full actuarial cost, passage of the ordinance will not have an actuarial impact on the Plan. We welcome your questions and comments. Sincerely yours, JSP/or cc: Adam Levinson AGENDA ITEM REQUEST FORM XI-LEGAL ZTEM B.4 CITY OF BOYNTON BEACH 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 Meetimz Dates in to City Clerk's Office [] July 17. 2001 July 5, 2001 (5:00 p.m.) [] September t9. 2001 September 5. 2001 (5.'~ p.m.) c'-~ [] August7.2001 Julylg, 2001 (5:00p.rn.) [] October2.2001 September 20, 2001(5:~.m.)_--~-< [] August21.2001 AugustS, 2001 (5:00p.m.) [] October 16.2001 October3.2001 (5:00pdl~ "-~ [] Segtember 4. 2001 August22,2001 (5:00p.m.) [] November6.2001 October l7, 2001(5:00 p.~) [] Administrative' [] Development Plans > NA F [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECO providi Readin 10, 20( EXPL. city wt parts o the sui: that Pa area is nation: PROG cornml MMENDATION: Place approval of a draft ordinance amending Chapter 23 of the Land Development Code ag for separate Parking lot standards for the Community Redevelopment Area on the July 17, 2001 under Legal First g. This draft ordinanc_,e_ was approved by the Board of the Community Redevelopment Agency at its meeting on July q. The City Attorney s office subsequently made a minor language adjustment. ~,NATION: The Community Redevelopment Area generally encompasses a portion of the older eastern part of the ere the physical character, including densities, lot sizes, and the amount of vacant land differs from the more westerly ."the city. The City's development standards in general, and the parking lot standards in particular, generally reflect urban character of the westen part of the city rather than the more urban character of the CRA area. Given the impact · king lot standards have on potential redevelopment in the CRA area, a separate standard for parking lots in the CRA considered appropriate. The standard proposed by this ordinance is entirely consistent with a generally accepted standard identified by the Urban Land Institute and the National Parking AssOCiation. RAM IMPACT: A more development friendly parking lot standard that is consistent with what exists in similar tnities around the country. FISCAL IMPACT: NIA - - ALTERNATIVES: A single citywide parking lot standard that ignores the different character or conditions in different par~s ~'- 'City Manager': ,~at~r~ - - Department of Development L ~/)X~.~.~,~,~ / ' ' Department Name U- ' City Attornel~/PFi-6-ance / Human Regource~' S:~BUI -! ~:.~RMSLa. GENDA rl~M REQUEST FORM.DOC ORDINANCE 01- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORDA, PROVDING FOR SEPARATE P~G LOT STANDARDs FOR THE COMMUNITY REDEVELOPMENT AREA; PROVDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission by Resolution No. 81-SS and Ordinance 83-41 :reated the Community Redevelopment Agency to eliminate conditions of bEght and ~romote economic growth and development; and WHEREAS, such economic growth and development aids the City and is a :_.,:nefit to he public because it provides jobs for the residents of the City, increases the ad-vai::~rem tax base of the City, and provides income for residents of the City; and WHEREAS, the structural age, lot sizes, amount of vacant land, densities and physical character of the Community Redevelopment Area is generally different from that of the rest of the City; and WHEREAS, the economic growth and development of this area requires a recognition of its different physical character; and ~ WHEREAS,' typical suburban development standards do not recognize this difference in character or allow for the density of development necessary to promote growth and :levelopment in the Community Redevelopment Area; and WHEREAS, parking lot standards are one of the elements that have an impact on growth and development in the Community Redevelopment Area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Chapter 23, of the Land Development' Regulations of the City of Boynton Beach is hereby amended as follows: Sec. 2. Scope. Except within the Communit3, Redevelopment Area boundaries, these regulations hall be applicable to all permanent parking lots constructed or reconstructed in the city. Article Il. Required Improvements. Parking lot layout Dimensions. Parking lots shah be designed to meet or exceed the dimensional requirements for stalls, driveways and access aisles as provided in city standards· Separate city standar~!s, shall apply in the Community Redevelopment Area boundaries and said Standard~ shall be in a separate dotntment and shall be known as "Cit~' Parking Lot Standards_for the Community, Redevelopment Area" as shown itt Attachment "A" Section 3. 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 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this day of July, 2001. SECOND, FINAL READING AND PASSAGE t~s 2001. day of August, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~TTEST: Commissioner City Clerk Commissioner LAP:is ¥'dGCDE FS\LiBRARY\1998\980465\CRA Parking Lot Stat~dards.docH:~.! 99gV?~'!~5\CP~ Pa:'!:!ng Let ATTAOII,ENT A ' City parking Lot Standards for the Community Redevelopment Area The following standards shall apply to parking stalls for all automobile vehicle classes: The standard parking stall width shall be nine feet, (9'-0") The standard parking stall length shall be eighteen feet (18'-0") The standard ,accesS aisle width for 90 degree parking shall be twenty-four feet (24'-0") The standard double loaded parking module shall be sixty feet (60'-0") Parking Module 18' 24' 18' ::::::::::::::::::::::::::::::::::::::::::::::: 60' SOurce: Ba.rton-Aschman Assoc/ates, lnc Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] Aqgust21, 2001 [] September 4, 2001 XI-LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR2, Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5t00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to CiW Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Designate a voting delegate to the Florida League of Cities 75th Annual Conference. EXPLANATION: The Florida League of Cities Annual Conference will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is ~mportant that each city 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 city will make decisions that determine the direction of the League. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S'ABULLETINZFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A REsoLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A VOTING DELEGATE TO REPRESENT THE CITY OF' D BE HELD AUGUST 23-25, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida League of Cities Annual Conference will be held on August 23 - 25, 2001, with the theme being "Downtown: Connecting Communities, Culture and Commerce"; 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 name~lr 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 tree and correct and incorporated herein by reference. Section 2. hereby appoints Florida League of Cities Annual Conference. Section 3. The City Commission of the City of Boynton Beach, Florida as a voting delegate to the 75th Annual That this Resolution shall become effective immediately upon passage. .f PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) ~:cakResoXapptskFLC - 75* Annual Conf. day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner v' Y--5 ORANDUM TO: FROM: DATE: Lv. A6uv. oF Crrms, Isc. City Managers/City Clerks Michael Sittig, Executive Director June 8, 2001 SUBJECT: 75th Annual Conference - Downtown: Connecting Communities, Cultures and Commerce VOTING DELEGATE AND RESOLUTION INFORMATION August 23-25, 2001 - Wyndham Palace & Spa, Lake Buena Vista As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham Palace Resort and Spa in Lake Buena Vista on August 23-25. This year's theme, Downtown: Connecting Communities, Culture and Commerce, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption ofl'esolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions must be received by the League no later than July 20, 2001. Should you have any questions or need additional information, please feel free to call Allison Paync or Je.~my Andersor, at Suncom 278-5331 or (800) 342-8112. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300, Post Office Box 1757 · Tailahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Internet: www. flcities.com 75th Annual Conference Florida League of Cities, Inc. August 23-25, 2001 Lake Buena Vista, Florida It is important that each member city 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 city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: NRme Title Return this form to:- Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dermard at (850) 222-3806 LEGAL l'rEM C.2. July 17, 2001 August 7, 2001 ^ugust 2l, 2ool September 4, 2001 OF ITEM CITY OF BoYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must, be Turned July 5,200I (5:00 p.m.) July 18, 2001 (5:00 p.m.) August $, 2001 (5:00 p;m.) August 22, 2001 (5:00 p.m.) Requested City commission [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3,200l (5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Development Plans [] Administrative [] New Business [] Consent Agenda [] Legal [] Public Hearing [] Unfinished Business [] Bids [] Presentation [] Announcement [] City Manager's Report rove amendment to Interlocal Reimbursement Agreement (112000-1117) between the 00 for Joe deLong Blvd. improvements to allow RECOMMENDATION: A~pp~,~ n,ooh County dated August 22, 20 .... ,:~o ~ovments for these improvements. City of Boynton Beacla an~ J~7~s~n ~ complete the construction ann ,na~ ~--; n additional six moron ea~- ~" · ire on June 30, 2~ul. for a ........ t Aereement was to exp ~--, ~'~-~ ~olf course - The above stated lnterlocal Retm°urs~}7~tor~ nd others beyond his c~mrm, ~}~ ~2 -~aer to E~L~A~ON. _ - ~'~-,s some due to the con , a ....... the nroiect ano payments m hCniect has experienceO man~ u=2~j~:,_2 ,~ allow s~cient time to ~omp~=~__ ~[2u~h o~ en~needng consultants, r'-* 'oaea exteu~,o- -~ entl wor~ng ,..~ ~ r~nuested the aforemenfi ..... n~ohCoun~. We are pres Y. ......... d by the contractor. '~': ire the reimburseme~ from lam ....... and fi~al~e any liquidateO oamag~ rece · · · to a close Gee & Jenson, to bring t~s proleot PROGRAM IMPACT: n/a FISCAL IMPACT: Loss of $65,045 funding from Palm Beach County ALTERNATIVES: n/a ~~ gnature Department Name S:XBULLETI~FORMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF -AUTHoR/ZING AND FLORIDA, CITY CLERK TO THE THE CITY OF PALM BEACH FOR DATE 30,2001 TOD YOR AND AMENDMENT TO BETWEEN '),AND COMPLETION V~ FROM JUNE 1; AND PROVIDING WHEREAS, the City and County entered into an agreement on August 22, 2000, wherein the County would provide a one time reimbursement contribution in an mount exceed $65,045 for the installation of improvements on' Joe De Long Boulevar~ fi.om Jog Road, east 200 feet; and WHEREAS, the parties wish to amend said Agreement to extend the project date, from June 30, 2001, to December 31, 2-;;1; NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1._ The City Commission of the City of Boynton Beach, Florida does and direct the Mayor and City Clerk to execute Amendment 1 to the Agreement between the City of Boynton Beach and Palm Beach County, said Amendment being attached hereto as Exhibit "A" and made a part hereof. Section 2. This Resolution will become effective immediately upon passage. PASSEl) AND ADOPTED this ~ day of July, 2001. kTTEST: City Clerk (Corporate Seal) s:ca\wpXResokAmd I Joe DeLong Blvd. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner Department of Engineering and Public Works RO, Box 21229 West Palm Beach, FI. 33416-t229 (561) 684-4000 www. pbcgov, cora Palm Beach County Board of County Commissioners Warren H. Newell, Chai~'man Carol A. Roberts, Vice Chair I~ren T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L. Greene County ~tministrator Robert Weisman June 15, 2001 The Links at Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Attention: SUBJECT: Mr. Joe Sciortino JOE DE LONG BOULEVARD REIMBURSEMENT AGREEMENT FILE NO. 2000050.200 Dear Mr. Sciortino: I received your request for an extenszon of time for the completion of the above project. It has been suggested that a six month extension might be beneficial. The attached Amendment to the Reimbursement Agreement provides for a revised completion date of December 31, 2001. Please have both copies of the Amendment to the Reimbursement Agreement executed by the City of Boynton Beach and returned to this office. Upon receipt we will schedule the document to be presented to the Board of County Commissioners for their approval. 'An Equai Opportunity Affirmative Action Employer~ ~ printed on recycled paper JOE DE LONG BOULEVARD REIMBURSEMENT AGREEMENT PAGE #2 JUNE 15, 2001 If you have any questions concerning this matter, you may call me at 561-684-4070. Cordially~ Charles W. Rich, P.E., Director Engineering Services Division CWR:md Attachment pc .- Edwin A. Jack, P.E. Deputy County Engineer AMENDMENT TO REIMBURSEMENT AGREEMENT DATED AUGUST 22, 2000 FOR JOE DE LONG BOULEVARD FROM JOG ROAD EAST 200 FEET THIS AMENDMENT is made as of this day of , 2001, to the Reimbursement Agreement dated August 22, 2000, by and the CITY OF BOYNTON BEACH, municipal corporation of the between State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY" . WITNESSETH: WHEREAS, on August 22, 2000, the CITY and COUNTY entered into a Reimbursement Agreement (R2000-11t7) providing a one-time reimbursement contribution in an amount not to exceed $65,045 ~o the CITY for the installation of improvements on Joe DE Long Boulevard from Jog Road, east 200 feet; and WHEREAS, Section 7 of the Agreement provided that the CIT~'~ would complete the improvements by June 30, 2001 ........ NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein, the parties agree as follows: The above recitals are true, correct, and are incorporated herein. 2 o The Reimbursement Agreement dated August 22, 2000, by and between the CITY and COUNTY, is amended to extend the date for accomplishing the construction of the improvements on Joe De Long Boulevard to December 31, 200i. Except as modified hereby, the terms and provisions of the Reimbursement Agreement remain in full force and effect, are ratified and confirmed, and incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed theI Reimbursement Agreement and it is effective on the date first abo~~'~' written. CITY OF BOYNTON BEACH (CITY SEAL) CITY OF BOYNTON BEACH, BY ITS CITY COUNCIL ATTEST: By: CITY CLERK By: MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CITY ATTORNEY PALM BEACH COUNTY (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: By: DEPUTY CLERK By: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS COUNTY ATTORNEY DATE DATE