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Agenda 01-02-02
The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA JANUARY 2, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager 'RICT Ii DISTRICT I Visit our Web site www.ci.boynzon-beach.fi.us I1/~ ~ .~i/lY~//t/'/l~ ~/t.~ /.#1//~ £~r ~ /IIII1#/I//1#/# WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PARTZCTpAT[ON AT C~TY OF BOYNTON BEACH COMMZSSTON MEE~NGS THE AGENDA: There is an official agenda for every meeting of the City Comm ss oners; which determines the order of business conducted al~ the meeting The City ~:omm ss on wil: not take acton upon any .matter, proposa, or item of busineSS, ~[~ich is ndt~list~d ~ipbn tl~ official agenda; dnleSs a majori~ Of th~ (~ommissJbn has first consented to the presentatioh for consideration and action. · Consent Agenda ]tems: These are items which the Commisson does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the CommissiOn indicates approval of the agenda item. This.can be by either a regutar voice vote with 'Ayes & Nays" or by a roll call vote. SPEAKING AT CoMMrsszoN MEETZNGS: The public Js encourageo to offer comment to the Commission attheir 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 affcer presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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 Items: Any dtizen may speak on any official agenda item(s) iisted 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 Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COHHISSION: 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 ~n the City Commission Chambers while the City Commission MeeUng is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beact-'-'~ Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 D.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day), January 2, 2002 CITY OF BOY ITON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M, OPENINGS: A. B. C. D. Call to Order - Mayor Gerald Broening Invocation Pledge of A eg ance to the Flag ed by Commissioner Mack McCray TF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUTTHE APPROPRIATE REQUEST FORM · GIVE ZT TO THE CITY CLERK (ON THE DAIs) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDZVZDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption IT. PUBLIC AUDTENCE: INDIVIDUAL SPEAKERS WTLL BE LTMZTED TO 3-MINUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission Length of Term Expiration Date Appointment To Be Made ADMINISTRATIVE: A. Appointments to be made: Board II III McCray Ferguson Children & Youth Advisory Bd Stu/Reg/NonVoting Children & Youth Advisory Bd Stu/Reg/Voting l yr term to 4/02 1 yr term to 4/02 (Tabled-3) (Tabled-3) Age, nda Regular City Commission Boynton Beach, Florida 3anuary 2, 2002 Mayor Broening [ Weiland iV Fisher ~V Fisher Mayor Broening Mayor Broening Mayor Broening I Weiland I Weiland rVlayor Broening V. BI0g. Bd of Adj & Appeals Reg Bldg. Bd of Adj 8~ Appeals . Alt Cemetery Board Alt Code Compliance Board Reg Comm. Redevelopment Agency Reg Community Relations Board Alt Education Advisory Board Reg Library Board Alt Nuisance Abatement Board Alt Senior Advisory Board Reg 3 yr term to 4/0~- 1 yr term to 4/02 1 yr term to 4/02 3 yr term to 4/03 J//Yr term to '/0t~ :~ yr ~erm to 4/02 2 yr term to 4/02 1 yr term to 4/02 1 yr term to 4/02 2 yr term to 4/03 (Tabled-3) (Tabled-3) (Tabled-2) (Tabled-3) (Tabled-3) (Tabled-3) ANNOUNCEMENTS & PRESENTA'r[ONS: A. Announcements: None B. Presentations: t. Proclamations: None Presentation of check to Mayor and City Commission from Officer .lohn Huntington and the C.O.P. volunteers from their fundraising for the American Heart Association (~oOb-FPON~D 0N.~2/.~8/0~) VI, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of December 13, 2001 Regular City Commission Meeting of December 4, 2001 3oint City Commission/Chamber of Commerce Workshop Meeting of December 13, 200! 2 Ageada Regular City Commission BoyntonBeach~FIoHda 3anuary~ 2002 Special City Commission Meeting of December 18, 2001 Regular City Commission Meeting of December 18, 2001 Bids & Purchase Contracts- Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Authorize the purchase of 20 SWAT vests for the Police Department from First Choice Armor & Equipment, Inc. in the amount of $21,000 Award a construction contract in the amount of $153,200 to Megan South, Inc. of Davie, Florida, as the Iow bidder under Bid No. 006-2413- 02/KR for the East Water Treatment Plan, Phase ~, Parking Lot Construction Project (~ROPOSED RESOLUT~ON NO. R02=00.~) Award a construction contract in the amount of $2,510,704.50 to Mora Engineering Contractors, [nc. as the sole bidder under Bid No. 003-2413- 02/C.5D for the Industrial Avenue Corridor Stormwater Improvement Project (PROPOSED RESOLUT=~ON NO. R02-002) Extend the RFP for "THREE YEAR BANK]lNG SERVTCES'; RFP #014-1410- 0:t/C. JD, to Bank of America for one additional year (New RFP #027-[410- 02/CAD) Award "TWO YEAR CONTRACT FOR THE PP,[NT[NG OF FU~FARE! MAGAZINE", Bid #004-27:[0-02/CID, to Lake Worth Herald Press, Inc. in the amount of $22,875 Resolutions: Proposed Resolution No. R02-003 Re: Amending the Capital Improvements Plan to include Barton Memorial Park Recreational Trail Project in FY 200~L-02 Proposed Resolution No. R02-004 Re: Approving an Addendum to Employment Contract for Dan DeCarlo, Neighborhood Project Specialist for the City of Boynton Beach Ratification of Planning & Development Board Action: High Ridge P:[D (Miner Road & High Ridge Road) - Request for Master Plan Modification to include relocation of the cul-de-sac (Commerce Road) and approval of a master signage program for the High Ridge PTD. High Ridge PI:D (Miner Road & High Ridge Road) - Request site plan approval for a 78,030 square foot light industrial building on 5.38 acres. Agenda Regular City Commission Boynton BeachfFIorida January2, 2002 High Ridge PID (Miner Road 8~ High Ridge Road) - Establish the list of approved uses for the High Ridge P[D Woolbright Medical Building (Freeman) (Woolbright Road & 22n° Street] - Request a one-year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000, to November 8, 2002. Ratification of Community Redevelopment Agency Action: Dakota Lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request for Site Plan approval to construct 19 rnultifamily t~wn homes, recreation area, and related site improvements on two acres (-~O-~flmON-~O UNI2Z .~ANUA~Y ~ 2002) VII. cTrY MANAGER'S REPORT: VI[l, PUBLTC HEARZNG:, 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZI'S Project: Agent: Owner: LocaUon: Description: Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Community Commercial and R-l- AA Single-family Residential to Planned Unit Development (PUD). The applicant proposes to develop the property with 19 three- story town homes and related site. improvements. The site plan (NWSP 01-010) will be adopted as the master plan for the PUD (PO$~'PON~O UN~'£ .~ANUARY 3~ 2002) Project: Agent: Owner: Location: Description: Krispy Kreme Scott Barber/Gee & Jenson Krispy Kreme of South Florida, LLC South side of Boynton Beach Boulevard (SR 804) approximately :1,500 feet east of NW 7~h Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue Request to amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 du/ac) to Local Retail Commercial and to rezone from Duplex Residential (R-2) to Neighborhood Commercial (C-2) ('pOb'~'PONED UNT~Z .~ANUAR Y2~ 2001) Agenda Regular City Commission Boynton Beach,~ Florida 3anuary 2~ 2002 Project: Agent: Owner: Location: Description: Krispy Kreme Scott Barber/Gee 8~ .lenson Krispy Kreme of South Florida, LLC South side of Boynton Beach Boulevard (SR 804) approximately 1,500 feet east of NW 7TM Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue Request Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature ( POb'T'PONP-O UNI'~£ .IANUAR Y2~ 2002) Project: Agent: Owner: Location: Description: Hobil on the Run Anna Cottrell ~lobil Oil Corporation 2605 W. Woolbright Road Request for conditional use/site plan approval for major modifications toan existing gasoline-dispensing establishment to include a new. 2,800 square foot building, an accessory car wash, an 'ncrease from 8 fueling positions to [2 fueling positions, and related site improvements on 0.879 acres. Conveying title to the property located at 1451 NW 1~ Court to Doyle Waters in exchange for the property located at 210 NW 13~ Avenue and authorizing execution of the deed (PROPO$£D RE$OLU12'ON NO. R0~-336) ("I'ABL~O TO.IANUARY2~ 2002) FUTURE AGENDA TrEMS: A. Modification to City Pay Plan - Salary Ranges (.lanuary 15, 2002) B. Traffic Calming and Traffic Control Final Report (.lanuary 15, 2002) Review of Proposed Amendment to Development Agreement - Marina Project (.lanuary 15, 2002) D. Stormwater Projects Report (January 15, 2002) Ordinance on First Reading designating a "quiet pavilion" at Boat Club Park (.lanuary 15, 2002) Update on Mangrove High School Restoration (January 15, 2002) Proposed Ordinance Regarding Modifying the Development Review Process with respect to Environmental Permits (February 5, 2002) FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking Agenda Regular City Commission Boynton Beach~Florida 3anuary~ 2002 XII. DEVELOPMENT PLANS: None NEW & UNFI'NISHED BUSINESS: Continued discussion of enforcement of current regulations requiring shade canopies to be defined as "structures" and, therefore, subject to building codes and zoning regulations (TABLED TO]ANUARY.~S~ 2002) LEGAL: A. Ordinances - 2"a Reading - PUBI TC HEARING Proposed Ordinance No. 01-64 Commission Re: Establishing an Arts Proposed Ordinance No. 01-65 Re: Amending Chapter 6. Cemeteries, Section 6-18(a)(2), to provide for 50% of the original purchase price of a crypt or niche after interment, resale or transfer of ownership to the City of Boynton Beach Proposed Ordinance No. 01-66 Purchase and Contract Award Policies Re: Modifications to City Proposed Ordinance No. 01-67 Re: Annexation of an 8.84-acre contiguous parcel to be master planned for a church campus (Calvary Chapel) Proposed Ordinance No. 01-68 Re: Land Use Amendment from HR-8 (Palm Beach County designation) to Moderate Density Single Family Residential (MoDR) (Calvary Chapel) Proposed Ordinance No. 01-69 Re: Rezomng from Agricultural-Residential (Palm Beach County zoning) to Planned Unit Development (PUD) (Calvary Chapel) B. Ordinances - i~t Reading None C. Resolutions: Proposed Resolution No, 02-005 City Commission Election Districts Re: Establishing 6 Agenda Regular City Commission Boynton Beach, Florida 3anuary 2t 2002 D. Other: Proposed Resolution No. 02-006 Re: Declaring a six-month moratorium on development in the M-1 zoning district along the South Congress Avenue corridor XIII. AD3OURNMENT: NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COMMISSION WITH RESPECT TO ANY MAT]ER CONSIDERED AT THIS MEET/NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS iV~ADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EV[DENCE UFON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTFY SHALL FURNISH APPROPRZATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN [ND[VIDUAL W~'H A D~SABILTTY AN EQUALOPFORTUNi'PfTOPART[CIPATEINANDEN-1OYTHE BENEFITSOFASERVZCE! PROGRA~I, ORACT/VITYCONDUCTEDBYTHECiTY. PLEASE CONTACT IOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE ~ TO REASONABLY ACCOMMODATE YOUR REQUEST. JMP/BG FINAL AGENDA- 12/28/2001 9:48 AM \\CH\MAIN\SHRDATA\CC\WP\CCAGENDALAGENDAS~YEAR 2002\010202 FINAL AGENDA.DOC 7 Requested City Corn~ss~on [] November 2~. 2001 December 18, 2001 ~ lanuary 2. 2002 V-ANNOUNCEMENTS & PRESENTATIONS Item B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office November 7. 2001 5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5. 2001 5:00 p-m.) December 19. 2001 (5:00 p.m.) Requested City Comrmss~on Meeting Dates ] January I5. 2002 ] February 5, 2002 [] Febmary 19.2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative Consent Agenda [] Public Hearing --] Bids [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unrra/shed Business [] Presentation RECOMMENDATION: Officer John Huntington and thc C.O.P. volunteers to present a check to City Manager Kurt Bressner, EXPLANATION: This presentation is on behalf of the C.O.P. volunteers in thek fund raising for the American Heart Association. PROGRAMI~VIPACT: FISCAL IMPACT: ALTERNATIVES: Depanmant Head's Signature ~er's Signature Deparunent Name City Attomey Finance / Human Resources S:kBULLETIN~FORMS AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates . .. [] November 2(3. 200I [] December4, 2001 December 18.2001 January 2, 2002 VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's OfiSce November 7, 2001 5:00 p.m.) November 21,2001 (5:00 p.n~) December 5, 200I (5:00 p.rmj December 19,2001 (5:00 p.m.) Requested City'Comrrfission ¢ D~e Final Form Must be Turned Meeting Dates ~ in to City Clerk's Office [] January 15, 2002 [] February 5. 2002 [] February 19.2002 [] March 5, 2002 Jartuary 3, 2002 (5:00 p.m3 January 16, 2002 (5:00 p.m.) February 6, 2002 '5:0(p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/~strative -, [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing . ]~ Legak Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to purchase from First Choice Armo }~/ests EXPLANATION: The current SWAT vests are beyond the manufactures wal~anw neri°a on state contract # 680-850-01-1. Funditig has bean budgeted'for m~e~ent year PROGRAM IMlaACT: FISCAL IMI~ACT: General fund account 001-2110-521-644)2 ALTERNATIVES: Continue to use outdated equipment. PoHce Department Name S :~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC First Choice Armor MIL L E N N I U M.;~:E..T R I TA C Bailistic/Shanl< Resistant Vest · Extremel~iight- weight and flexible · Adjastabl~ drop down Coil, ar uent:ca~ bag in'and slebve protection. ~ble 'in threat COlOrS[ Blaok & Camouflage -Choice CITY OF BOYNTON BEACH Agenda Item Request Form VI.-CONSENT AGENDA ITEM B.2. Requested City Commissi~d' Meetina Dates ] November 20 2001 ] December 4 2001 ] December 18. 2001 ] January 2.2-002 NATURE OF AGENDAITEM Date Finn Form Mus[ beTurned n to Cit, Clerk's Office November7, 2001 (5:00 p.m.) November 21.2001 (5:00 December 5, 2001 (5:00 p.m.) December 19, 2Q01 [5:00 p.m.) ReQuested City Commission Date Final Form Must be~T-urned Meetina ~ates to City Clerk's of~ ~-~ r~ Januar~ 15 2002 January 3, 2002 (5:00 ] February 5, 2002 January ~ 6. 2002 [5:00 p.m.) . ~.. ] February 19. 2002 =ebruary 6, 2002 (5:00 ~.) March 5 2002 =ebruary 20, 2002 (5:00 p.m.) ' C-~ [] Administrative [] Development Plans [~. Consent Agenaa [] New Business [] Public Headng [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentatio~ [] City Manager's Report RECOMMENDATION: Motion to award a construction contract in the amount of $153,200.00 to Megan South. Inc. of Davie, Florida as the Iow bidder under Bid No. 006-2413-02/KR for the East Water Treatment Plant, Phase III, Parking Lot Construction Project. EXPLANATION: This project consists of the construction of 54 new asphalt paved parking spaces on an existing shellrock area at the City's East Water Treatment Plant including a positive drainage system and limited irrigation and landscaping. There is also some driveway ~mprovements to the front of the Water Treatment Plant service/delivery area. The design for this project was performed by the Dept of Engineering and issued as a competitive bid with five (5) bids received on November 27, 2001 Megan South, Inc submitted the Iow bid in the amount of $153,200. PROGRAM IMPACT: This project is part of the Master Plan for the Water Treatment Plant, Phase I and will provide increased parking for equipment and staff, improve the public access area and provide ~mprovements to the site drainage. The recommended Contractor, Megan South, Inc. has performed similar successful projects for a variety of Clients including the Town of Davie, City of Ft. Lauderdale, and the City of Lauderhill. Megan South, Inc. is also the Iow bidder on the City Utility project for Seacrest Estates. The firm is a licensed Florida General Contractor. FISCAL IMPACT: The recommended contract award amount of $153,200 is based upon the Iow bid submitted by Megan South, Inc. and is well below the Engineer's Estimate of $215,000 but within a reasonable range of the second and third Iow bids of $165,000 and $166,427. Funds are available in Account No. 403-5000-590-96-01 WTR 099-EWTP, Site Development, Phase II1. CITY OF BOYNTON BEACH Agenda Item RequeSt Form ALTERNATIVES: The'alternative of not proceeding with'this projectrwill continue a situation of periodic north i~j~Je ~lo~i;ling, poor and unsafe p~JlJlic~access; inad~qua{e parking'for staff and equipment and non-c0mplia'~(~ v~itb p~rking lot code.' Th(~ 'bids ~receive~l for this p'roj~¢t' were highly~co~Pe~itive~and the City will benefit from the econom es of sca e savings with the Contractor, Megan South, Inc. performing~t~o concurrent projects ~or the Ci~. ~he C[:)nstruction Services Division Will. perform, project management for both projects to nsure complian, ce With construction documents and s~:hedule~ Jeffrey ~It, ' L~erg o~ Engineering Depa~mentName City Manager's S~gnature Finance/Human:Resources cc: Mark Law, Utilities Barb Conboy, Utilties Bill DeBeck, Project Manager Dave KelleM, Utility Engineer Clem Bucher, Contract Administrator RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COM2vlISSION OF THE CITY OF BOYNTON BEACH, FLORDA, APPROVING THE AWARD OF A BID (NO. 003-2413-02/CJD) TO MORA ENGINEERING CONTRACTORS, INC., IN THE ..- AMOUNT OF $2,510,704.50 FOR THE INDUSTRIAL AVENUE CORRDOR STORMWATER IMPROVEMENT PROJECT: AUTHORIZING THE MAYOR ro EXECUTE SAID CONTRACT;~ AND PROVIDING AN EFFECTIVE DATE. VqI-IF, REAS, Bids for the above referenced project.were received on November 28, 2001, and Mora Enganeering Contractors, Inc., was.the ~ote bidd~ who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY Tltlg CITY COI~IlSSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to Mora Engineering Contractors, Inc., kn the amount ,510,704.50 for the Industrial Avenue Corridor Stormwater Improvement Project, · authorizes the Mayor to execute a Contract between the parties, a copy of which is hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of January, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commtssioner Commissioner Commissioner ATTEST: City Clerk IA~rardMora Engin~dng122101 TO: THROUGH: FROM: SUBJECT: CC: DEPARTMENT OF ENGINEERING MEMORANDUM NO. Bill .Ark[ns ' . "'," ' DATE: Ass/stan;~ Director Finance ! Pr0cUre~nt Age~ 13EC t 9 ?.~ D c~bei- 19, 2001 J~ff~Eive~good:~ Di~&~;tor. Pubti¢ Wo~ Paul Fleming{~ PHONE: (561) 742-6487 - Senk~r_P. roje~t: Maaager . Recommendationffor Award- East Water Treatment Plant. Phase I, Parking Lot Construction Project File, Bill 'Debeck, Dave Kelley, Clem Bucher, Barb Conboy, Mark Law, Jeff Livergood This office has reviewed the bid tabulation sheet dated November 28. 2001 and related bid information for the subject project/bid and i~ereby recommends c0ntract aWard in accordance With the following data: Project Name: East Water Treatment Plant, Phase III, Parking Lot Construction Recommended Contractor: Megan South, Inc. Award Amount: $153,200.00 Account Number: 403-5000-590-96-01 WTR 099-EWIP, Site Development, Phase Ill. Funds availability was confirmed by Diane Reese, Director of Finance, on December 19, 2001. Verification of Contractor Responsibility: Construction Services Division has verified that the firm Megan South Inc. has performed successful similar construction works and projects for a variety of clients including the Town of Davie, the City of Fort Lauderdale, and the City of LauderhilL The Contractor is icensed as a Florida General Contractor and specializes in site utility work, stormwater projects, drainage, sanitary, road construction, concrete, hardscape, landscaping and irrigation. Compliance with the Contract Documents: No exceptions were taken to the construction plans and specifications. A pre-award meeting was held with Construction Services Division to verify the understanding of the works and the ability to meet the required completion schedule. Although the bid submitted by Megan South, Inc. was significaBtiy below the Engineer's Estimate of $215,000 the second and third Iow bids were within a range of 7-9% of the Megan South Bid amount. In any case the Bidder was requested to re-verify its bid calculations. Client Office Concurrence: The bid results were discussed with the Design Engineer, Dave Kelley and with the client, Mark Law. Deputy Director, Utilities both of who indicated concurrence with the recommendation for award to Megan South, Inc. If you have any questions please contact Clem Bucher. Contract Administrator, ext. 6491. BILL ATKI~S, DEPUTY DIRECTOR OF FINANC SERVICES BILL DE BECK, P~ M]~NAGER **LOWEST, MOST RESPONSIVE, RESRONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 27, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. AII other offers submitted ln response to this solicitation. BID #: 006-2413-02/KR if any, are hereby rejected as late" VENDORS ASPHALT CON~3ULTANTS, INC, '-'LoRIDA BLAcKTOp, INC. IEGAN SOUTH, INC. 2200 N. FEDERA~ HWY., STE. 221 1280 S. POWERLINE RD., #29 6521 ORANGE DRIVE 3OCA RATON, FL 33431 POMPANO BEACH, FL 33069 DAVIE, FL 33314 (561) 368-5797 (954) 979-5757 954) 316-7000 ~,TTN: CHRIS BACZEWSKI ATTN: ELIAS SHAOUY ATTN: GEORGE RULLO ACKNOWLEDGMENT OF ADDENDUM SUBMITTED YES YES YES ORIGINAL AND TWO COPIES OF PROPOSAL suBMITTED yES NO YES ORIGINAL ONLY R PROJECT GRAND TOTAL FO ' $232,000.00 $219,980.00 $153,200.00 COMPUTER GENERATED HORIZONTAL BAR CHART SUBMITTED YES NO YES 5% B D BOND/CERT FlED CHECK YES YES YES ENCLOSED " XL SPEC ALTY GREAT AMERICAN UNITED STATES FIDELITY & INSURANCE COMPANY INSURANCE COMPANY GUARANTY COMPANY BIDDER'S QUALIFICATIONS SUBMITTED YES YES YES BIDDER'S SITE INSPECTION CONF RMAT ON SUBM TIED YES NO YES · UNSIGNED BY CITY EMPLOYEE SCHEDULE OF SUBCONTRACTORS sUBMiTtED NO NO NO Page( 2 EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION "Offers from the vendors listed herein are the only offers OPENI NG DA~,~: NOVEMBER ~27, 2001 received timely as of the above receiving date and time. Bib OPEN ~G ~ ~ ~:2;30:P;M. AII other offers submitted in response to this solicitation. BID#:( VENDORS ASPHALT CONSULTANTS; INC. - FLORIDA BLACKTOP, INC. ~ ~"(~,N SOUTH, INC. -.,~.~ ~... 2200 N. FEDERAL HWY., STE. 221 1280 S. POWERLINE RD. f/:29 6521 ORANGE DRIVE BOCA RATON; FL 33431 POMPANO BEACH, FL 33069 DAVIE, FL 33314 '~ :~ ~' ' (561) 368,;57~97- ,. ;.~.-;':;:, :. - (954)979~5757-" ;~ ~-,,~ ...... (954)-316-7000 ATTN: c'~R'Is BACZE~' ' A~N: ELJA~ SH~-.:. '.._ A~N: GEORGE ROL~O" HONC~¢~ION A~FI~A~I~ SOBMI~ED'~ / :'~"~ "'~;~'~ ~ YES YES YES ; ~ , :, ~-, NOTARY NO~COMPLETE ~OB'MIW~¢- ": *'¢ ' ~' :" rYES YES YES. ~ON~IRMATION O~ MIHQ~I~Y OWNED-,. , ~[~E~S 80BMi~~ ~ ' :~' .... YES/NOT A MINORI~ YES/NOT A MINORI~ YES/NOT A MINORI~ ........... ~ .. ~ .~.~:, ~ OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS Wd~RP~AC'~ ~SO~'i~': ......... YES YES YES 8~ E~ PBOG~ G, QMBUA~GE ENCLOSED ": ' '~-~' ~ ':t-': '~ "' :' --'? - YES , . YES YES TRENCH SAFE~ ACT ::. AFFIDAVIT ENCLOSED - ;:~-'," -YES .... YES YES COMMENTS RESUMES; E'IOE~'ES, AND :" RESUMES; LICENSES, AND - RESUMES; LICENSES, AND ~ ~. - - SAFETY PRoG~M S~BM~ED JOBLIST SUBMITteD ~FE~ PROG~M, FINANCIAL ~- STATEMENT SUBMI~ED Page 2 of 2 EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION "Offers from the vendors listed herein are the only offem BID OPENING DATE: NOVEMBER 27, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. AII other offem submltted in resoonse to this solicitation, BID #: 006-2413-02/KR if any. are hereby rejected as late" VENDORS ROSSO PAVING & DRAINAGE, INC. WYNN & SONS ENVIRONMENTAL 350 MARTIN LANE CONSTRUCTION, INC. WEST PALM BEACH, FL 33413 84551ST LANE SOUTH (561) 688-0288 WEST PALM BEACH, FL 33411 ATTN: NANCY ROSSO (561) 686-6077 ATTN: DANIEL WYNN ACKNOWLEDGMENT OF ADDENDUM SUBMITTED YES YES ORIGINAL AND TWO COPIES OF P~OPOSAL SUBMITTED YES YES GRAND TOTAL FOR PROJECT $165,000.00 $166,427.00 COMPU'I;ER GENERATED HORIZONTAL BAR CHART SUBMITTED YES NO 5% BID BOND/CERTIFIED CHECK YES YES ENCLOSED THE OHIO CASUALTY CAPITOL INSURANCE COMPANY INDEMNITY CORP. BIDDER'S QUALIFICATIONS SUBMITTED YES YES B DDER'S SITE INSPECT ON CONFIRMATION SUBMITTED YES YES UNSIGNED BY CITY EMPLOYEE UNSIGNED BY CITY EMPLOYEE SCHEDULE OF SUBCONTRACTORS SUBMITTED NO NO Page~ EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION ~. "Offers from the vendors listed herein are the only offers BID OPENING DATE. N ~g~BER 27, 2.0.Q! .......... rec~i~ed timely a~ of the above receiving date and time. BID OPENING TI~E: 2:30 P.M. At~ other offem submitted in response to this solicltatior~, if any. are hereby rejected as late" VEN,DORS ROSSO PAVING & DRAINAGE, INC WYNN & SONS EI~.IRONMEN'TAL ~ '; ~- 350 MARTIN LANE CONSTRUCTION, INC. : i~" :' :,i~ - ¥-. ,~ '.: ,: - ~WEST~PALM BEACH, FL.33413~ 8455 ISTLANE SOUTH ~ (561) 68~;~)28B ',i~' :'' WEST PALM BE~(~H, FL ~411 ":' ATTN: N/~N'CYROSSO ' · (561)686-6077 ' ....... ATTN: DANIEL WYNN ',IONC?L!.USION AFFiDA~/IT ~U'~I~E~D ' .... .' YES YES ANTI- KICKBACK AFFIDAVIT SU~I~TED YES YES CONFIRMATION OF ~NQ~ITY OWNED [~ust~iE~S SUBMi~'~ ~ ~::: YES/CERTIFIED YES/NOT A MINORITY : :':~r 5 ~';' '~ ; ' ;'~ --~ ''~+~ ............PALM BEACH COUNTY . OWNED BUSINESS GONEIRMATION OF DRUG FREE ~/0R,KP'L~,(~: SUBM ~ED YES YES ;AFETY PROGRAM COMPLIANCE ~ _ ENCLOSED YES YES TRENCH SAFETY ACT AFF DAVIT. . ENCLOSED,.r r' · . .' ~Es ~ YES COMMENT~ MINORITY CERTIFICATION, · . .. RESUMES, AND JOBLIST '~ ~ ~ r ~ ' ' SUBMITTED Page 2 of 2 MEMORANDUM TO: JANET PRA1NITO CITY CLERK . . FROM: KAREN RISELEY BUYER DATE: SUBJECT: DECEMBER 4, 2001 ORIGINAL CONTRACT BD #006-2413-02/KR EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION Attached is the original contract for MEGAN SOUTH, INC. A copy of the contract has been forwarded to Rosemarie Lamanna, City Attorney's Office for the preparation of the Resolution. Thank you. Attachment - Copy of Contract cc: File BID TITLE: EAgT WATF, R TRF, ATM~NT PLANT. PHAg~ IlL CONgTRIICTION BID NUMBER: ~ PARKING I,OT ' CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT/_ made and entered into this . d. ay of . . , 20 , by and betwe, e~a~ the,,CIT~ OF'B~O,, _Y~ON; BEACH, a mummpal corporalaon of Florida, hereinafter.called the -'CITY or OWNER and:~GANgOIITH,INIC- a Florida Corporation (_X _) aFlorida General Partnership ( ~ ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: "EAST WATER TREATMENT PLANT, PHASE III, PARKING LOT CONSTRUCTION" Contractor, in compliance with the bidding reqmrements announced by the City, submitted a bid on the 27a day of No_v. txnhm,_200A, for the total bid amount of C. On the 2nd day of ~, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 120 days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1.1. The .Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are me and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.L3. The CONTRACTOR does acc.ept this Contract and does agree to furnish the necessarylabor, tool's,-eqmpmem, materials and supplies, etc., and to complete the Project by performing all the work as sel forth in the this Contract and the'Contract Documents for the price and mounts set forth in Contractor's bid. 1.1.4. Con, actor is:an indapanden~ contractor as that term is set forth in the General'conditions fo~ Construction (GC-2) 1.1.5. Unless other~:ise provided, all time flames referenced in all Contract DocUment~ shall:be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvememts described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2:5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents labor insurance and'0'ther accessories and services necessary to 6omPlete said project in a~cordafide 'with the conditions and prices as stated in the Contract Documents; 3.1.2. Perfo~ all. the work and labor pursuant, to th~s contract and ail of the mate~s:~fnmishe~,~gll he¥i~,~s~ct 9,O~fonn~ ;~vith the Contract Boc~e~,ts:;~ ~O~CTQ~ ~[. ~a~c~pts and consents to the c0~a~d~" a!,~.,c~ta'!i ~;~,: idjCon,~ ~ ~qO ents~ and expressly agrees to ~comp}x~ith'.ey¢,.ry?~U~mm~x!t&n'0, ~sgp~aBon ~e~n contained 3.1.3. Furnish all ~ols, e~qc~pmer~ ma~eri~,l.~mad is~l~es and to do all the work abo~ment[oge4~ in al fit~t~c~, ~fig.ma~ ~orkmanlike manner, and m confom~? , ~g defa~I,,}0~ ~,~q~ file m the office of the Project Manage~.and:,strlctly mgec¢~daince Wtth the Contract Documents. 3.1.4. defective or year from alt to be u shall correct any (1) payment. (10) days of Section promptly, before final or material of liens forms forms 3.1.6. Remove and clean up all rubbishy, ctebris~i!ex~s material, temporary structures, tools and equipthmlt froni ~t,~t~: ~ieg.s_; parkways and adjacent property that may have been us~(~ orCwo~ked d~i.b~ the CONTRACTOR in connection with the projec~i.PXornptl~!as i~gch :sectiOn or portion is completed and ready for nse,~l~avi~g che-:s~a ~a neat and presentable condition. 3.1.7. Observe and comply with the provisions of~ charter, ordinances, codes and regulations of/he City:~of B~oyrit¢ii l~ach~F~o~ida. C-3 3.1.8~ 3.1.9. Obtain written approval from the CITY of all subcontractors not disclosed in the C0ntractor's bid document. Perform such other tasks as set forth in the Contract Documents. 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project witkin ten (10) days of the Award of the Project. The CONTRACTOR wilt be held responsible for the care, protection and condition of ali work, until final.completiOn and acceptance thereofi and will be required to make gooc[ at hsown cost any damage or injury occurring from any cause resulting ~om their acts or omissmns or the acts or omissions of their subcontracts orsupplic~s. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments ~for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3, On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK CONTRACTOR ,hereby agrees to commence work under this contract on or before a~ date to be specified in the written "Notice to Proceed" of the CITY and to fully complete~ the project within 1211 days following the commencement date as specified in same. 5.2. Time.is the essc~ace of the contract. In the event the CONTRACTOR shall fail to timely ¢0mme*ce. the work following Notice to Proceed or fail in the pcTformance ol~the work sp~ecified and required to be performed within the time limit set forth in the contract~ a_l~ter due allowance for any extension or extensions of time made in accordance ~With the Contract Documents, the CONTRACTOR shall be liable to the CITY, ~s liquidated damages and not as penalty, the amount stipulated in Section 6~0 h~einbelow for each and every calendar day that the CONTRACTOR shall be, in default of completion. C-4 CONTRACTOR shall notify the Pr0ject E~gin,eer in writing of any change in the names and addresses of ca.ch ~uhgqnt[a~t0r:pr0posed for principal parts of work, and any. changes in SUbContracmr~ from those proposed m CONTRACTOR's bid .propoSal,. and~:.for.~uch 0therS~as~thc;l~.oject Engineer may direct; and shall not employ a~y that CITY may, within a reasonable time, object tO as incompetent or as unfit. ~- :~ ~ 6. LIQUIDATED DAMAGES 6.1., -:¥Th~ CONTRACTOR further ~a~ ~es: tq,. pay':~0~Ol), per day as liquidated - :-damageS,;~fo~..,~faflure~;t!y.begm. ~'~e~ ~0}{da.ys,:~,CIT?~.issuance of ~e ' ~'~ib~;m~r0~'~;~ r[afl~e,~m?~p~ete- ~q ~O~k:~n mc~end~ days ~m ~ecea~cement ;~e: as ~ic~d-in (~e ;~¢~ '~o~¢e m Proceed". Ta*CiT have the, n~t':m d ddCt aqq d,. mage , a0m mo t dge; ~ ~t mY bemme due the:~CONT~C~I m to collect such Hq~dated 7. PROTECT~ON:OI*~S~It~GI*~kCII~I~ ~I~FSS'~WORKIN~PROGP. E'SS 7.1. The: CONTRACTOR vorrantS ~t quote~d prices include the protection and c0it~muous- use ofa!~, exlS.~ g wo~ ~ proces,q, ~pro~e~ty or~operatmns of the CITY as :more pamcularly set f6~ m;th~ GenSral.~.G*nd~tions 'fer Cons~uctmn (GC-44, GC¢5, and GC-46). 8. INDEMNIFICATION g.i. The CONTRACTOR shall indemnify and s~/ve harmlsss and ~defend the CITY, its agen~ts, servants, ami employees from and against any claim, demand, or cause of actlon~,~f whatsoever kind or nature-arising.out of error, omission or negligent act Of' C~-TRACTOR, its agents, servants; 'Or employees in'the performance of sen/ie~ Under this Agreement.: 8.2. CoNT ,RACTOR shall indemnify and save harmless and defend CITY, its agents, ~ervant~ and emplqyees from ag~t any kind ~and all causes, claims, demands, aCfiotis~ lOsSes, liabilities, Settlements, judgments, damages, .costs, expenses, and fe~s (incltiding without lamtatton reasonable attorney s and paralegal expenses at b~th ~he ~hl and appellate levels) Of whatS°ever: kind or nature -for damages to p~sons qr property caused in 4vhot~ or in part by any act, omission, or default of thC cITY, its agent, s,' servants or ,employees ~ing ff0m this contract or its performance. The CONTRACTOR~r/d tlie CITY ~hereby agree and covenant that the CONTRACTOR has incorporated in this original bidl Which constitutes the Contract sum payable by the CITY ~o the CONTRACTOR, specific additional consideration in the mount of ten dollars ($~0.00) smfficient to support this obligation of mderunification provided for m this paragraph. c-5 The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statare. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to Comply w/th the foreg0~g hid,enmification provision, as well as the insurance pr0yision~S which are set l?orth in the Gen6r~ Conditions for Construction, However,, the ind ~emnification~ pray)Sion, and the insurance provision contained iff the General Condit~ofis ~ior Construction are not iaterdepend~ ent of each.other, but rather each oneis separate and distinct from the other. 8.4. The obligation of the.~Q~C, TQR to ~de~fY the :CITY is not su..bject to any offset, limitation 0r ~efei/s~: a~ a,re~ult~ of any insurance proceeds avmlable to either the CITY or the CONTPCACTOR. 9. PAYMENI BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions, and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be ~ocessed as set forth in the General Conditions for Construction (GC~57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim ofpayment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills, Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the workis completed. C-6 11. PROJECT ENGINEER 11.L 11.2. ~ The. Project Efigi~eer shall have general supervisior~ arid' direction of the work. 1 in the ~ CITY such , ~. such stoppage 11.3. of 120 11.4. In the e~em of a dispu$~ .~e~.r~!~-Of. the Project Engmeer ts to make recommendations ~o thePro, j~ct.!~IVIfiha~ vcho shall make }h~final. decision. 12. INSURANCE 12.1. The"C6ntracfor Shall bb~n and maintain insurance as set forth in the General Conditions for Construction (GC~28). ~ · 13. CONTRACT CONTROLS 13.1. This Contract must be'construed with alt other Contract Documents, a master set of which sha!l be maintained by ,the City Clerk of the CITY. 'In the event of a &Spute, 'only the master set 0f dbcuments, or copies thereof certified by the City Cl~rk,:Shall b~ used as evidence. ' ' 13.2. In the event of a conflict between the requirements or specifications set forth in ~e Contract Do~ume~s, the conflict shall be resolved by written interpretation by e CITY, oi its rePresentatives :,as set forth in the General Conditions for Construction (GC-18). In ~e¢0nciiing conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for ConStruction and finally by the balance Of;the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the,provisions of ~e: Contract DocUments }elating to the times of performance and completion of the work are for thee purpose of enabling the CITY to comPlcte the construction of a public improvement in accordance with a predetermined~pr0grarn, all such time limits are of the essence of the Contract. C-7 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather cgnditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the t/me allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN .ACT OR OMISSION OF DtE CITY, ITS AGENTS OR EMPLOYEE~. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOX~ERY AND ASSU2vlES ALL MONETARY PdSK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. tNT~S 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time m complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (CC 24) 15.5. For the pm-pose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY~ and the CONTRACTOR has executec~ these presenc~ the day imc~ ye_ar herein before written. signed, se~ed a~d ~)moss6d .CITY OF BOYNTON BEACI:L FLORIDA in the p~esehce 6t5 ' '~ Mayor City Clerk City Attorney Signed, sealed and wimessed in the presence of: CONTRACTOR StaTe of Florida County of Palm Beach ) ) S$: ) President or Vice President Attest as to CONTRACTOR On this ___ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing insmanent and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 VI'.-CONSENT AG ENDA CITY OF BOYNTON BE g It Requ A enda em est Requested City Commissi~n- Meetinq nates ] November20. 2001 ~ December4 2001 ~ December15 2001 ~ January 2 2002 NATURE OF AGENDAITEM Date Final Form Must be Tumed in to City Clerk's Office November 7. 2001 (5:00 p.m.) November 21 200' 5:00 p.m. December 5. 2901 15:00 p.m.) Reeuested City Commission Meefinq Dat~ ] January 15 2002 ] February 5 2002 ] February 19. 2002 December 19 200' 5:00 o.m [] March 5, 2002 [] Administrative [] [] Consent Agenda [] [] Public Headng [] [] Announcement [] [] City Manager's Report Date Final Form Must beTurned in to Cit. Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p,m.) February 6, 2002 (5:00 p.m.I Februan] 20, 2002 (5:00 p.m. Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Motion to award a construction contract in the amount of $2,510,704.50 to Moro Engineering Contractors,Inc. as the Iow bidder under Bid No. 003-2413-02/CJD for the Industrial Avenue Corridor Stormwater Improvement Project. EXPLANATION: This project was approved as a design project to the Consultant, Kimley-Hom in July, 2000 for all engineering services to design the proposed stormwater project. The project consists of roadway, drainage, an~ water main improvements along Industrial Avenue, West Industrial Avenue and in the Lake Boynton Estates area; construction of a connector road between Industrial and West Industrial Avenue; construction of a water detention pond and drainage outfalls at the south end of Lake Boynton Estates; improvements to the existing FDOT ditch from Lake Boynton Estates to the Lake Worth Drainage District's E-4 canal. The project was competitively bid with the one and only Iow bid received on November 28, 2001 from Mora Engineenng Contractors, Inc. PROGRAM IMPACT: This project will greatly improve the stormwater drainage in this flood prone area by improving the outfall for both Industrial and Lake Boynton Estates; traffic circulation is improved for the Industrial Park area: and a new water main is provided in the Industrial area. FISCAL IMPACT: The recommended award amount is $2,510,704.50 including bid alternate 1, consisting of a substitution of HDPE pipe for the Specified RCP and CMP resulting in a savings to the City of $85,795. Although only one bid was received for this project the Iow bid amount is less than the Consultant's Estimate of $2,793,800. Funds are available in account number 407-5000-590-96-07. An allowance of $50,000 has been placed in the bid unit rate schedule as a contingency to be used for unforeseen site conditions under the control of the Project Manager. CITY OF BOYNTON BEACH ~Agenda Item Request Form ALTERNAT!VES: Not ~proceedifig with the project will result in continued flooding and possible damage to bot~ ~riva~te as well as public 'pr0b~. The alternative ~f re-bidding the project is not recommended in this case asthe one bid received was fr~m.~ _,w_ell qualified and eXpi~denced firm, repre~ehts a good price for the work in compar son to the Eng near s estimate and a re-bid w I not assure better pricing and will cause further delays to this project: Department Name · -C by Manager's Signature ' Cit~ Attorney / Finance / Human Resources CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM D6partment Head s Sxgnatur~ Procurm:aent Services Department Name City Mamger's Signature City Attorney / Finance / Human Resources S 5BULLETIN~FORMSLtGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF BOYN~ON BEACH'. FLORIDA, APPROVING THE AWARD OF A BID (NO, 006-2413-02/KR) TO MEGAN SOUTH, INC, OF DAV~IE, FLORIDA, IN THE AMOUNT OF $153,200 FOR THE EAST WATER TREATMENT pLANT, PHASE:m, PARKING LOT CONSTRU©TiON'.~ pROJECT;~,,: i.~UTHoR2ING THE ~YOR TO EXECUTE ThE pRovIDING' AN EFFEcTIvE DATE. ~EREAS, Bids for the above referenced project Were received on November 27, 2001, and it was determined that Megan South, Inc., was the most responsive bidder who met and exceeded all specifications: 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, hereby approves the award of a bid to Megan South, Inc., in the mount of $143,200 for the east Water Treatment Plant, Phase III, Parking Lot construction Project, and authorizes the Mayor to execute a Contract between the parties, a copy of Milch is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of January, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk :a:KesokBid AwardEWTP122101-Mega~ South DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-266 TO: THROUGH: FROM: Bill Atkins DATE: ~ssistant Director Finance/Procurement AgenT- Jeff Livergood ~',~ Director, Public Works``=' Paul Fleming~ PHONE: Senior Project Manager December 19, 2001 (561) 742-6487 SUBJECT: Recommendation for Award - Industrial Avenue Corridor Stormwater Improvement Project (Bid# 003-2413-02/CJD) CC: File 2.5, Mark Law, Barbara Conbo¥, Jeff L ver~lood, Clem Bucher This office has reviewed the bid :tabulatio~ sheet and related bid documents for the subject project/bid and hereby recommends contract award in accordance with the following data: Project Name: Industrial Avenue Corridor Stormwater Improvement Project Recommended Contractor: Mora Engineering Contractors, Inc. Award Amount: $ 2,510 704.50 (Based upon acceptance of B d Aternate 1) Account Number: 407-5000-590-96-07; STM007 - Funds availability was confirmed by Diane Reese. Director of Finance, on December 19, 2001. Verification of Contractor Responsibility: Construction Services Division and the Project Consultant, Kimley-Horn, have jointly verified that the firm More Engineering Contractors, Inc. has successfully performed similar construction works and projects for Clients such as Palm Beach County School District, City of Coconut Creek, and World Ford Dealership. Mora Engineering Contractor, Inc is licensed as a State of Flodda General Contractor, license no. CG-C040142 and also holds an Underground Utility and Excavation Contractor license. Compliance with Plans and Specifications: No exceptions were taken to the construction documents and the firm has acknowledged the three issued bid amendments. A pre-award meeting was conducted between the contractor, ProjectGonsultant and the Construction Services Division, which served to verify the firm's understanding of the scope of work, schedule as well as a review of the resume of the proposed job superintendent. The bid submitted by Mora Engineering Contractors was the only bid received on this project and the pdce compares favorably to the Consultant's Estimate of $2,793,800. In addition the recommendation of the Consultant is to accept the Bid Alternate 1, consisting of a substitution of HDPE pipe for the specified RCP and CMP pipe thus ~)roviding a savings to the City of $85,795. Client Office Concurrence: Bid results were discussed with Mark Law, Deputy Director, Utilities who is in agreement with the recommendation of award [o Mora Engineenng Contractors, Inc. and the acceptance of the Bid Alternate 1. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. ****'****SOLF_~B1DDF. I{. NItO HEETS A~]~_~PECIFICATIONS**** ~ ~ill Atkin~s,/Deputy Director of Financial Services INDUSIRIAL AVENUE CORRIDOR S~ORM~WATER IMPROVEMI Clem Bucher, Contract Administrator "Offers from the vendors listed heroin are the only offers DATE: NOVEMBER 28, 2001 received timely as ofthe above receiving date and time. TIME: 10:00 A,M. All other offers submitted in response tO this soflcitation. 9600 W. ~mpl~ R~ Suite 40~ )600 W. Sample Rd.; Suite 40~ C~r~ Sp~ ngs. FL ~hone ~ 9~4-75~-~065 ;- ~ttn': Carl~ V, Mona ~ ~LTERNATE a D - G~ND TOTAL FOR'PROJECT ~/-,: ~,~ '" ~$2 5~6;~99.50 ' $2,510,704.50 DENDUM ~CK~OWLEDGEMENT OF ' {DDEN~UM fi2 ' 'YES ACKNOWLEDGEMENT OF Ap~NDUM ~3 ;' YEs COMPUTER GENE~TED HORIZONTAL ~ ' : bAR-CHART SUbMI~ED YES, I 5% Bid BOND ENCLOSED ~ nORTH~MER ~AN SpEClAL~'. ! :' INSU~NCE CO. BIDDER'S QUALIFICATIONS SUB~,~TED BIDDER'S SITE INSPECTION CONFIRMATION S]UBMIT~D '~ NOT SIGNED NON~COLLUSION~AFFIDAVIT SUBMI~ED ~ YES ANTI-KICKBACK AFFIDAVIT SUBMITTED ',: YES INDUSTRIAL AVENUE CORRIDOR STORM WATER IMPROVEMENT PROJECT "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 28. 2001 received timety as of the above receiving date and time ~31D OPENING TIME: 10:00 A.M AII other offers submitted in resoonsetothissolicitafion BID #: 003-2413-02/CJD ifany, areherebyrejected~slate" VENDORS VIORA ENGINEERING CONTRACTORS, INC 'VIORA ENGINEE~!iqG C~hTP~(~:I'ORS,'IN(~. 9600 W. Sample Rd., Suite 401 9600 w. sample Rd., Suite 40'1 Coral Springs, FL 33428 Phone # 954-752-8065 Attn: Carlos V. Mora ALTERNATE BID CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/YES' CERTIFIED CONFIRMATION OF A DRUG FREE ~VORKPLACE SUBMITTED YES SAFETY PROGRAM COMPLIANCE !NCLOSED YES 'RENCH SAFETY ACT AFFIDAVIT ENCLOSED YES ORIGINAL & TWO COPIES SUBMITTED YES COMMENTS BID TITLE: BID NUMBER: INT)USTREA[ 'AVENI~ coRRIDOR 12ffPROVE.M ~ PROJECT #003 -2413-02/C~D~ STORM WATER Tills CONTRACT, m~de and entered into th~s ~nd day of J~lllary_~l[[~ by and between the CITY OF BoYNToN BEg! ~OH, a ~unicip~l corporation o~Floridai hereafter Called the "CITY" or "OWNER" anYMORe', CONTRPLErI?ORg~ INC:~ ~ a Florida Corporation a Florida General:l~arme~rs~l? a Florida Limited t~n~5~(~ a Sole Proprietor . .~ hereinafter called ~'CO. NT~CTOR?. WITNESSETlt A. Check Oi~e The City ~ heretofor~ invited bids for a City construction project ("Project") identified by the bid title~;bid nmnbc~ and project number listed above and commonly referred to as: INDUS~P. IAL AVENUE CORRIDOR STORM WATER;IMPROVEMENT Contractor, in compli;a~ ce with the bidding requirements armomaced by the City, submitted a bid on the~ day ~f~oy~mher: ~001. for title total bid amount of ~2._~11~:704.50. On the ~n~?~v of .Iannarv. ~002, the City Commission designated contractor as having submitted }~e bid that ~was most advantageous to the C~ty and authonzed the executmn of this Agreement. The Parfie~s agree that' the Project is scheduled to be completed within 270 days of the issuance df.~e Notice to Prodeed, subject to CITY approved time extensions. There are penalties t{./lie CONTRACTOR for the failure to meet such deadlines. NOW, Tme~REFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-I 1. AGREEMENT 1.1. The Parties agree that: 1.1.1." The foregoing recitations contained in Paragraphs A-C are tree and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary, labor, tools, equipment, materials ,and supplies, etc., and to complete the Project by perfonuing all the work as set forth in the this Contract and the Contract Documents for the~price and mounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as fftat term is set forth in the General Conditions forCOnstmcfion (GC-2) 1.1.5. Unless otherwise provided, alt time flames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents me the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2, Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contracl 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9, Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties c-2 3. OBLIGATIONS OF CONTRACTOR 3.1 Contractor shall: 3.1.1. Furnish ali materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and Other accessories and services necessary to com!~lete :said projec~ in accordance with the conditions and prices as stated inthe Contract Documents. p~s~an~[~t?ttfis~contra~ and all of the Wi~ ~e Con~act consents to ~e 3 1 3 Furnish all~gools, ~efl~pm.~es~t, !u~e~ls _an~¢.~J~es and to do all the work above ment/oned m a~.~St,~l,asp,~substant~,anct ~workmanhke manner, and in conformity with :the detail for ,s~id work on file in the office of the Pfojec~gea:~and~ct~y in;:ace~.da~.~e~¢~. ,the, crmtract Documents. 3.1.4. of written defective or faulty.. CONTRACTOR of receipt 255.05, settlement,, any to be ~ l) year. Upon receipt appear within one (1) year payment. within ten (lO) days of Section before final material release of liens forms Release of lien forms 3.1.6. Remove and clean; up all rubbish,' debris, excess material, temporary structures, tools and equipment from streetS, alleys, parkways and adjacent property that may have been USe([ or workedr0n~b~" the CONTRACTOR in connection with ~e projeCt.[Promptly as!!,~., section or portion is completed and ready for Us~ leaving ~he S~i~ a neat and presentable condition. : .:': - 3.1.7. Observe and comply with ithe pro~igi ..ohs .ofi~q e ~harter, ordinances, codes and regulations of de city o~l~oynt~n!BCa~i~:F~ida. c~3 3.1.8. Obtain written approval fi'om the CITY of alt subcontractors not disclosed m the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (1 0) days of the Award of the Project. 342. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and accept.~ce thereof: and will be required to make good ar h/s own cost any damage or injury occurring fi'om any cause resulting fi'om their acts or omissions or the acts or. omissions of their subcontracts or suppliersl 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments.for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT Olr WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written '~Notice to Proceed" of the CITY and to fully complete the project witkin 2.711 days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 her~inbelow for each and every, calendar day that the CONTRACTOR shall be in default of completion. C~4 CONTRACTOR shall noti .fy the Project Engineer in writing of any change in the names and addresses of each subcon~ac~or proposed£or pnnclpal parts of work, and any clmnges in subcontractors from those proposed in CONTRACTOR's bid pr0pbS~l,: an~ f0ir:SUch others as th6~roj,ect Engineei m~iy direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or 6. LIQUIDATED DAMAGES 6:I. '': Tti~';CONT~CTOK'further 'agrees to;pay-~per~day as liquidated ~ag~es; f0/5~lur~ tO begin, within ten ~10) aays of CI~¥ s ~suance of the .' '~0~5~0 ~de~/d~' or: failure :~t¢.c0mpl~ ~e work ~ .2~0 cal~d~ ~ys ~:;~e .e0~en~ent -~m :as. mdica~ed~ m-~e..~en ~once to Proceed . ~e CITY ~ haye the fi~t m ~,duct s~& hq~date~ dmagei.ffom ~y mount d~, or ~at may he,me d~ ~ CONT~CTOR,~ ~.~9 collect such hq~dmed ~a~s ~om tile CONT~CTOR ok ~s SIneW. :~r ~ ~; ' ~ 7. PROTECTi0~'OFE~ST~G Tge CONTRACTQR warrants that q~u~ prices ,nclu~de the protection and ~&finhous Use 6f a!l exisfin~g ~V0~.k in pi?~JS, :~ropev;y oi0perations of the CITY more particularly set forth'in~e Gene~ai Conditions for Cofistrucfion (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION The CONTRACTOR shall indemrfify and save harmless and defend the CITY, its agents, servants, and employees from and~:~gain~st any ch/m, demand, or cause of a~tio2 of whatsoever kind or nature adsh3gout of erro]:, ,omission or negligent act of cONTRACTOR, its .agents, servant§; or 'employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and.employees from against any kind and, al[' ¢anses; claims, demands, a~ions, lOSses, liabilities, settlements, judgments, damages~ costs, expenses, and fe~s (inCluding without limitation reasonable attorney's and paralegal expenses at both the trial and aPpellate levels) of whatsoever kinc[ or natime for damages to persons or property caused in whole or in pai't By anY ac,t, omission, or default of tl~e CITy, its agents, servants Or employees;'arig!ng from this contract or its p6rformknce. The CONTRACTOR and the CITY hereby agree and covenant that [he CONTRACTOR has incorporated in this 0rigfnal bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. C-5 The indemnification required pursuant to the Contract shall in no event be less than $1 milhon per occurrence or no more than the limits of insurance required of the CONTRACTOR by the .Contract~ whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing inderunifieation provision, as well as the insurance provisions which are set: forth in .the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construcnon are not interdependent of each other, but ratl~er each one is separate and distinct from the other~ 8.4. l~he obligation of the CONTRACTOR t6 indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current fimds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change ss ordered. Changes m the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. Ali change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first est/mate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer') is Kimley I-lorn & A~aeiata~: Inc.: 4431 ~mharcadero Drive: We~f Palm Beach: Flnrlda C-6 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to ~act, and in s,uch instances he~ shall, upon request, sho,w CONTRACTOR such ~anthority in :writing. He has~ authority,to stop the'~W0~k~ whenever such stoppage may be necessary to insure the proper execution of the Contract. t 1.3. AS th~roject,,Engineer is, in the fi~st,~in~tance, the~interpreter~6f the conditions of - the co~itra~t. ~ the j[tdge, of its performance; t~e shall side neither with CITY nor with-CON?~.,~'.~CTOR~ ,but,shall use :his aUthority pursuant-to the Contract to eaforc~it~faith~ performance~l~b~:pa~ties: ~-.: 11.4. In the event of a dispute, the rote of the Project Engigeer is to make recommendations to the p~oj'ect Manager who shall make the final decision. 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk. shall be used as evidence. 13.2. In the evenI of~ a conflict between the requirements or specifications set forth in the, Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). ~In reconciling conflicting provisions of the Contrac~ Documents, the Contract:shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for thepurpose of enabling the CITY m complete the 'construction of a public improvement in accordance with a predetermined program, all such time limits areofthe essence of the Contract. C-7 15. REMEDYFORDELAY 15.1. In the-event of any delay in the project caused by any act or omission of the CITY. its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available ro CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN AssOCiATiON WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECO~VERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a wmver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager, 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year h~ein before written. Signed; sealed ~ndwitties}ed in de pie~enC~ 0 f: - Mayor Atte~: Ap.vr~ed as' to FOrm: City Clerk Signed, sealed and wimessed in the presence of: City Attorney CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach SSi On this day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing insmunent and has acknowledged before me that they have executed same. My Commission Exprres: Notary Public c-9 Requested Clry Commission Meetlne Dates . _ [] November 20. 2001 [] December 4. 2001 [] December i8. 2001 [] January 2. 2002 VL-CONSENT AGENDA -,, I'TEM B.4 CITY OF BOYNTON BEACFI;; ST FORb~~ -' ?,c~'- AGENDA ITEM REQUE I ~ ~, ' ~ ~ ~" ~: 30 Date Final Form Must be Turned in to City CI~k's Office November 7. 200I t5:00 p.m.) Requested CIty Corranlssioa Meetha~ Dates [] January 15, 2002 Date Final Form Must be Turned in to CiW Clerk's Office JanuaE 3,200~ (5:00 p.m.) November21,2001 (5:00p.m.) [] February5,2002 January 16, 2002 (5:00 p.ra-) December5.2001 (5:00p.m.) [] February l9. 2002 February 6, 2002 (5:00 p.m-) December lg~ 2001 (5:00p.m.~ [] MarehS, 2002 February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Admlnistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hear/~g [] Legal [] Bids [] Unfadshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to extend the RFP for "THREE YEAR BANKING SERVICES", RFP#014-1410-01/CJD, to BANK OF AMERICA for one additional year. (New RFP#027-1410-02/CJD) CONTRACT PERIOD: JANUARY 18, 2002 TO JANUARY 17. 2003 EXPLANATION: At the Commission meeting of January 19, 1999, this RFP was awarded to Nations Bank currently known-as Bank of America of West Palm Beach, Florida for a three (3) year period. We have developed an excellent working relationship throughout this contract period. This RFP will expire on January 18, 2002: however, according to the Terms and Conditions, we have the option to renew for an additional year, provided both parties agree (see attached letter from Bank of America). Diane Reese, Finance Director concurs with this request ( see attached PROGRAM IMPACT: The purpose of this Request for Proposal is to provide the services of a responsible bank for the City's financial business. FISCAL IMPACT: Although there are costs associated to the banking services to be provided, the related interest earnings on the sweep investment account will sufficiently offset the related cost. '- ' , * / 'q C~ty Manager s S~gnature Depurmaent Head s Stgnamre Procurement Services // City Att~ey~'~Finance Human Resources Deparm~en~ Name S 5BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC C: Diane Reese- Finance Director File MEMORANDUM TO: Bill Atkins " DATE! Deputy Director of Financial Services December 17, 200t FROM: Diane Reese ~7[¢t-t.'~ Finance Director SUBJECT: RENEWAL OF KFP FOR BANKING SERVICES ~ ,RFP~ 0~,4,,1410-0t/CJ]D Bank of America tins. pm¥ided banking sercices for the City smc. e Janr}ary 21~, 1999 in a satisfactory manner based on the cost of services, investment earning~.~: rate, ability 'to provide services requested, governmental experience, qualifie, d banldng personnel assigned to the City account, financial Stability, qualified public depository 'and other factors. I recommend renewal of this contract for an additional year and.~to be placed on the Agenda for the commission meeting of January 2, 2002. Thank you /cjd File NAME OF BID: "THREE YEAR CONTRACT FOR BANKING SERVICES" #014-1410-01/CJD Agreement betweeh'the City of Boynton Beach, Owner; and BAB-K OF AMERICA (Company's Name) Contract Extension Period: JANUARY 18~ 2002 TO JANUARY 17, 2003 Yes, I agree to renew the existing contract under the same Terms and Conditions. No, I do not wish to renew the contract at this time. ,m-OF CO /mANy SIGNATURE NAIVlE OF REPRESENTATIVE (please print) TITLE (AREA CODE) + TELEPHONE NUMBER S/puh~)/carol's bids other/Banking services ext. Reo, form,doc The City of Boynton Beach C 100 E. Boynron Beach Boulevard ~.Box 310 Florida 33425-03 I0 Telephone: (561) 742-6320 FAX: (561) 742-6306 November 29; 2001 BANK OF AMERICA Attn: Vanessa Civatero 625 North Flagler Drive, i05m Floor West Palm Beach, FL 33401 REFERENCE: "THREE YEAR RFP FOR BANKING'SERVICES" RFP NUMBER: #014-1410-01/CJD The above menuoned RFP will expire on January 18~ 2002. The City would like to extend the existing contract under the same terms and conditions for another year. We appreciate your quality servtce, therefore, if you agree, the contract ~vill be extended for an additional year. Please indicate your response on the following page and remm it to Procurement Services at your earliest convenience. We look forward to working with you. ][fyou should have any questions, please feel flee to call my office at (5611 742-6323. Sincerely, ~ Bill Atkins Deputy Director of Financial Servmes cjd C: Central File Diane Reese File Director of Finance Requested City ComraJssion Meetin~ Dates ' November 20, 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 VI.-CONSENT AGENDA ITEM B,S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM cc/$ Date Final Fonu Must be Turned in to Citw Clerk's Office November 7. 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 15, 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 5:00 p.m.) February 6, 2002 (5:00 p.m:) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM ['"' Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Umfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award "TWO YEAR CONTRACT FOR THE PRINTING OF FUNFARE! MAGAZINE", Bid-#004-2710-02/CJ]), to Lake Wortli Herald Press. Inc. in the amount of: $22,875.00. EXPLANATION: On October 23, 2001, Procurement Services received and opened six (6) proposals for the bid referenced above. After careful review and evaluation by the Recreation Department, it has been determined that a recommendation to award this bid to the most responsible, responsive bidder: Lake Worth Herald Press. Inc. of Lake Worth. Florida. who meets all specifications. Ginny Shea, Marketing Manager concurs with this recommendation (see attached memo # 01-86). The low bidder, Newspaper Printing Company of Boca Raton, Florida was unable to meet our size specifications and does not print on 8.5" by 11' paper. PROGRAM IMPACT: The purpose of this bid was to seek proposals from Printing Companies to provide a two (2) year contract for a booklet printed in a magazine format using a 4-color process for the cover and newsprint for the inside pages. FISCAL IMPACT: BUDGET ACCOUNT# 172-2712-572-47.10 (REVENUE ACCOUNT) D6parlrnent Head's Signatur~/ { ' ~] ! Procurement Services Department Name BUDGETED AMOUNT: $ 31,550.00 City Manager's Signantre City Attomey/ Finance / Human Resources S:kBULLETIN~FORMSkAGENDA ITEM [LF~UEST FORM.DOC C: Ginny Shea Recreation File TO: VIA: FROM: DA2~E: SUBJECT: MEMORANDUM DEC 18 2001 PUR~ Bill Atkins, Deputy Directm; of Financial Services WailY Majors, Reoreation Director Virginia H. Shea, Recreation Departmen~ Marketing Manage~ December 18, 2001 Two Year Contract for Prmtiug of Funfare. Magazme To clarify my first memorandum dated December 5, the Recreation Department recommends that the bid for the upcoming contract for Funfare! Maga.,zine printing is awarded to the Lake Worth Herald Press,' lac., due to the fact that that comjsany ineeti ali bid specifications according to the bid that was received in October by the Purchasiiig DiGsi6n. The low bidder, Newspaper Printing Co. of Boca Raton was unable to meet our size specifications and does not print on 8 5" by 1 l'[paper. If you need further cla.fification, please don't hesitate to contact me. /vhs XC: department file Bill Atkin~, Deputy Director of Financial Svces. Virginia Shea, Marketing Manager TWO YEAR CONTRACT FOR "THE PRINTING OF FUNFARE MAGAZINE" !Offers from the venders listed herein are the only offers BID OPENING DATE: OCTOBER 23, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 PM AII other offers submitted in reseonse to this solicitation BI D #: 004-2710-02/CJD if any, are hereby rejected as late" IENDORS \ PERFECT PRINTING 4OWARD GRAPHICS & ADVERTISING i .AKEWORTH HERALD PRESS,iNC. 1038 South Military Trail P.O. Box 9145 ~ P.O. Box 191 West Palm Beach, FL 33415 ~iviera Beach, FL Lake Wodh, FL 33460-0191 (561 ) 433~5595 (561 )842-3689 561 )585-9387 Attn: Insham Hosein Attn: Timothy Howard Attn: Mark J. Easton WINTER (15,000 COPIES $13,240.00 $8,870.00 $6,500.00 SUMMER (15,000 COPIES $13,240.00 $8,870.00 $6,500.00 FALL (15,000 COPIES $13,240.00 $8,870,00 $6,500.00 TOTAL YEARLY COST PER ITEM #1 $45,090.00 $29,748.00 $22,875.00 COPIES PER ADDITIONAL 8 PAGES: WINTER ISSUE: (15,000 COPIES', $1,790.00 $1,046.00 ;t ,125.00 SUMMER ISSUE: (15,000 COPIES) $1,790.00 $1,046.00 $1 ,~25.00 FALL ISSUE: (15,000 COPIES) $1,790.00 $1,046.00 $1,125.00 ITEM #2 TOTAL COST I~ER ISSUE: WINTER (15,000 COPIES) $14,200.00 $9,007.00 $19,980.00 SUMMER (15,000 COPIES $14,200.00 $9,007.00 $19,980.00 FALL (15,000 COPIES) $14,200.00 $9,007.00 $19,980.00 TOTAL YEARLY COST PER ITEM #2 $47,970 00 $30,159.00 $69,300.00 TWO YEAR CONTRACT FOR "THE PRINTING OF FUNFARE MAGAZINE" BID OPENING DATE: OCTOBER 23, 2001 BID OPENING TIME: 2:30 PM BID #: 004-2710-02/CJD "Offers from the vendors listed herein are the (~hly 0ffers r. ec~ived timely as of the above race v ng (Jat~.add time. All other offers submitted in response to this solicitation· if any, are hereby reiected as late" VENDORS ~ A PEREECT PRINTING .... 1038 South Mili!ary Trail P.O. Box 9145 ~ P.O. Box 191 · West Palm Beach, FL 33415 Riviera Beach, FL , :~ Lake Worth, FL 33460-0191 561 ) 433-5595 (561 )842-3689 ~ 1561 )585-9387 Attn: Insham Hosein Attn: Timothy Howard ~: ~ttf]:' Mark J Easton COPIES PER ADDITIONAL 8 PAGES: WINTER ISSUE (15,000 COPIES) $1,790.00 $1,046.00 ~: $3 120.00 SUMMER ISSUE (15,000 COPIES) $1,790.00 $1,046.00 ~ $3,t20.00 FALL ISSUE (15,000 COPIES ;1,790.00 $1,046.00 ~; !3,120.00 SPECIFICATION "CHECK-OFF SHEETS (PAGES 1-4) SOBMITTED YES *YES NUMBER OF'BID PROPOSALS . SUBMITTED I 1 1 SAMPLE OF PAPER STOCK SUBMITTED YES YES ~'~ ' -' ' ~ ' YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES ~ YES CONFIRMATION OF MINORITY OWNED ................................ ' .......... BUSINESS SUBMITTED YES/YES YES/CERT F ED YES/NOT A MINORITY CONFIRMATION OF DRUG FREE "' ~ '~' ..... ~" ~ ~r" 'i ............ .]' ~" OWNED BUSINESS WORKPLACE SUBMITTED YES . YES. YES COMMENTS SUB-CONTRACTORS FORM ENCLOSED · SEE NOTATIONS *SEE NOTATIONS TWO YEAR CONTRACT FOR "THE PRINTING OF FUNFARE MAGAZINE" "Offers from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 23, 2001 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 PM mi other offers submitted in response to this solicitation, BID #: 004-2710-02/CJD if ~ny, ate hereby rejected aslate" IDISQ LIFIED - NOT MEETING GE CAL CONDITIONS/ VENDORS 'NEWSPAPER PRINTING CO. 'O;'N]~:~A]~'~F~"~I~!"D~ p~B'~I'SI~]'N"~G] INC. --~N~RAL FLORIDA PUBLISHING,INC 1499 W.Palmetto Park Road, Ste154 94 E, Mitchell Hammock Read ~.K.A. OVIEDA PUBLISHING Boca Raton, FL 33486 Ovieda, FL 32765 (561 ) 417-9027 (407)365-6604 Attn: W. Dougla~ SchwenK Attn: Thomas R. Thomas ALTERNATE ITEM #1 T= '~ TP R I' I: . 50 LB. 30 LB. WINTER (15,000 COPIES $6,833.80 $4,950.00 $3,950.00 SUMMER (15,000 COPIES $6,833.80 $4,950.00 $3,950.00 FALL (15,000 COPIES $6,833.80 $4,950.00 $3,950.00 TOTAL YEARLY COST PER ITEM #1 $2t ,736.20 $16,770.00 $13,200.00 COPIES PER ADDITIONAL 8 PAGES: WINTER ISSUE: (15,000 COPIES ;411.60 $640.00 $450.00 SUMMER ISSUE: (15,000 COPIES) ;411.60 ;640.00 $450.00 FALL ISSUE: (15,000 COPIES) ;411.60 ;640.00 ;450.00 · :z T .. ,ST PERLSSUE: WINTER (15,000 COPIES) NO BID $4,950.00 ~ $3,950.00 SUMMER (15,000 COPIES) NO BID $4,950.00 $3,950.00 FALL (15,000 COPIES NO BID $4,950.00 53,950.00 TOTAL YEARLY COST PER ITEM #2 NO BID $16,770.00 $13,200.00 TWO YEAR CONTRACT FOR "THE PRINTING OF FUNFARE MAGAZINE" , Qffe[ ~or~ the vendors hsted herein are the only offers BID OPENING DATE: OCTOBER 23, 2001 !r~ceived fithely as of the above receiving date and time. BID OPENING TIM E: 2:30 PM ?Jk0Lhe_r:o~f~e. rs submitted n response to this solieitaliom BID #: 004-2710-02/CJD if any, are hereby rejected as late" ~RAPHICAL CONDITIONS/ VENDORS 'NEWSPAPER PRINTING CO. ~ ~¥'~'~£~1'D~, I~0§EI§~G, INC. ~ENTRAL FLORIDA PUBLISHING,INC _,,~1,499 W.Palmetto Park ~,oad,.Ste154 · 94 ~, Mitcbel~Hammock Road A:K.A. OVIEDA PUBLISHING Boca Raton, FL 33486 Ovieda, FL 32765 (561 ) 417-9027 (407)365-6604 "" Attn: W. Douglas Schwenk Attn: Thomas R. Thomas ALTERNATE COPIES PER ADDITIONAL 8 PAGES~ · ,.~. WINTER ISSUE (15,000 COPIES) NO BID ;640.00 $450.00 SUMMER ISSUE (15,000 COPIES) NO BID ;640.00 . $450,00 FALL ISSUE (15,000 COPIES) NO-BID ;640.00 · , ~450.°0 . SPECIFICATION "CHECK-OFF SHEETS" , (PAGES 1-4) SUBMITTED * YES *YES *YES NUMBER OF BID PROPOSALS SUBMITTED 1/2 2 2 SAMPLE OF PAPER STOCK ' SUBMITTED YES YES ; ~ YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED : .... ~ ........ ~. -: - -. , BUSINESS SUBM TTED YES/NOT A MINORITY ..... ' ~'~"' : .... .¥~/~:~.MIN~I~IT¥ ~ -~,: ,~'~ ~ YES/NOTAMINORITY OWNED BUSINESS OWNED BUSINESS OWNED BUS NESS CONFIRMATION OF DRUG FREE ~. " r WORKPLACE SUBMITTED YES ....... YES :.. . . ·. YES COMMENTS ~ ' ' ~ ~ · SEE NOTATIONS *SEE NOTATIONS *SEE NOTATIONS Requested City Corarmsston Meetia~ Dates [] November20 2001 [] December 4, 2001 [] December 1 $, 200] [] January 2. 2002 VI.-CONSENT AGEN DA ITEM C.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) November 2I, 200I (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19. 2001 (5:0C p.m.) Requested City Commission Meeting Dates [] January 15,2002 [] February 5, 2002 [] Februa~. 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office Janua~ 3, 2002 (5:00 p.rm) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal "-] Bids [] Unfinished Business [] Anuouncc~nent [] Presentation [] City Manager's Report RECOMMENDATION: Amend the Capital Improvement Plan to include the Barton Memorial Park Recreational Trail Project in FY 200 t-2002. EXPLANATION: The Parks Department is applying for a grant, from the Depamnent of Environmental Protection, to create a recreational trail through the scrub area at the southern end of Barton Memorial Park and to make some improvements to the cemetery and existing park trail. All eligible projects must be hsted in the applicant's Capital Improvement Plan. A copy of the resolution mending the existing Capital Improvement Plan must be included in the application for funding. PROGRAM IMPACT: Without the amendment of the Capital Improvement Plan, the Parks Department would not be eligible for funding from the Department of Environmental Protection. As a result, the construction of a new trail through the scrub area and the improvements to the existing facilities at Barton Memorial Park and cemetery may not be possible. FISCAL IMPACT: The Parks Department is applying for $50,927 from the Deparunent of Environmental Protection and is matching that amount with $49,432 in cash and $1,626 in - kind services. Total cost for the project is $101,985. Assuming that the City receives this grant it will be necessary to allocate $100,359 from the Capital Improvement Plan; of that $49,432 would need to be allocated in the City contingency account. ALTERNATIVES: The City could fund the Barton Memorial Trail project in full. Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AMENDING THE CAPITAL IMPROVEMENT PLAN TO INCLUDE THE BARTON MEMORIAL p~. RECREATIONAL TRAIL . ~- pROJEC2~ ~ PY 200i-~f, ~KND 7paoVID~G AN . EFFECTIVE DATE. WHEREAS, staff has applied for grant from the Department of Environmental Protection, m create a recreational trail through the scrub area at the southern end of Barton Mem0riai~Park and to make improvements to the cemetery and existing park trail; and WHEREAS, all eligible projects must be listed in the applicants Capital Improvement Plan: IVI-IEREAS, the Parks Department is applying for $50,927 from the Department of Enmronmental Protection and is matching that amount with $49,432 in cash and $1,626 in in-kind services; and WHEREAS, if the grant is received by the City it will be necessary m allocate $100,359 from the Capital Improvement Plan, and allocating $49,432 of those ftmds to the City contingency account; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: S~tion 1. The foregoing Whereas clauses are true and correct and are adopted as he basis for the following transfer of funds. S~tion 2. The City Commission hereby authorizes the amendment to the Capital mprovement Plan to include the Barton Memorial Park Recreational Trail Project in FY 2001-02. Section 3. PASSED AND ADOPTED this That this Resolution will become effective immediately upon passage. __ day of January, 2002. City Clerk (Corporate Seal) s:cakReso~Bart~n Memorial Park Recreational Trail Project CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner VI.-CONSENT AGENDA [TEM C.2 This Addendum dated the day of January, 2002. amends the original Appointment Contract between the City of Boynton Beach and Dan DeCarlo, Neighborhood Project Specialist. Unless expressly modified by this Addendum, the original terms of the Appointment Contract shali remain in full force. This Contract Appointment is amended as follows: Recitals. E. (Amended) The position of Neighborhood Project Specialist xs a contractual appointment by the City Manager of an individual in a specialized field and not a Civil Service position and neither the City's Civil Service Rules and Regulations nor the Personnel Policy Manual are applicable to Dan DeCarlo, except as expressly referenced herein. By entering into this Addendum, Dan DeCarlo waives all fights under the City's Civil Service System or Personnel Policy Manual. Article 4.t (Amended) BASE SALARY. The City shall pay to Dan DeCarlo an annual salary of Forty Nine Thousand Four Hundred Dollars ($49,400), retroactive to employment contract date of March 9. 2001, and payable at the same time as the City's Management Personnel are paid. This salary reflects a 4% increase in salary as a result of an annual performance evaluation. Article 4.3 (Amended) AUTOMOBILE, Dan DeCarlo shall be compensated for use of his personal vehicle for city business in the amount of $225.00 per month, which reflects a $50.00 increase from the current monthly allowance of $175.00. 4.13 (New) INCENTIVE PACKAGE. Dan DeCarlo shall receive the Management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. Article 17, (New)APPLICATION OF PPM, 17.1 Except as listed below, tn those instances when both the Appointment Contract and this Addendum are silent, regarding a employment term or condition which is applicable to general City employees as set forth in the City of Boynton Beach PersonnelPolicy Manual [PPMP), as amended from time to time, then in that circumstance the term or condition provided to general City employees in the PPM shall apply to Dan DeCarlo. The following Chapters of the PPM have no application and any term or condition set forth therein are not incorporated as a term or condition of employment for Dan DeCarlo: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20, 24, 25, 26, 27, 30. In the event of a conflict between the Appointment Contract and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon ratification by the City Commission. Kurt Bressner City Manager Dated: Dated: Dan DeCarlo Neighborhood Project Specialist S:\CAkAGMTSkEmployment AgreementstDeCarlo Addendum,doc Requested City Commission Meetin¢ Dates [] November2C. 2001 [] December ~,. 200] [-- December 15.2001 [] January 2. 2002 VL-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Offiq¢ November 7. 2001 (5:0(p.m.) November 21 200I 5:00 p.m.) December 5, 2001 15:00 p.m. December I9. 2001 (5:0( p.m.j Requested Ci;y Commission Meenng Dates ] January I5. 2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Fowa Must be Turned in to Ciw Clerk's Oftlcg January 3, 2002 5:00 p.m.) January 16, 2002 (5:00 p.m_) February 6, 2002 5:00 p.m.) February 20, 2002 (5:00 p.rn~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un-finished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the Addendum to Employment Contract for Dan DeCarlo, Neighborhood Project Specialist for the City of Boynton Beach and authorize the City Manager to execute the Addendum. EXPLANATION: Wilfred Hawkins. Assistant City Manager, has completed the annual performance review/evaluation for Dan Decarlo and has determined that that the proposed changes to Mr. DeCarlo's contract are appropriate and in line with other directors of City Departments. PROGRAM IMPACI: FISCAL IMPACT: ALTERNATIVES: Neighborhood Project Specialist '~sy{~ant City M"anager ' // City Manager's Signature City Attorney Finance / Human Resources S:~BULLETINndXORMS~AGENDA ITEM REQUEST FORM.DOC RESOLLrI~ON NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE U'~"Y OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE APPOINTMENT CONTRACT BETWEEN, ~E ~-OE BOY~'I'ON BEACH AND DAN DECARLO; PROV~D~IG AN EFFECTIVE DATE._ WHEREA~, the City Manager has recommended that the City enter into an Addendum to the ~ppointment Contract for Dan DeCarlo, Neighborhood Project Specialist, pursuant to the terms and ~ndiU ~on$ set forth in the Addendum abt~ched hereto as Exhibit "A". NOW~ THEREFORE, BE TT RESOLVED BY THE cTrY COMMt'SSZON OF THE C.tTY OF BOYNTON BEACH, FLORZDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City vlanager to enter into an addendum to the appointment contract with Dan DeCarlo, for the position Neighborhood Project Specialist. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 3anuary, 2002. CTFY OF 80YNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 3ty Clerk iCorporate Seal) ;:ca\Reso\employment rnatters~, DeC. ado FIRST ADDENDUM TO APPOINTMENT CONTRACT This Addendum dated the day of January, 2002, amends the original Appointment Contract between the City of Boynton Beach and Dan DeCarlo, Neighborhood Project Specialist. Unless expressly modified by this Addendum, the original terms of the Appointment Contract shall remain in full force. This Contract Appointment is amended as follows: Recitals, E: (Amended) The position of Neighborhood Project Specialist is a contractual appointment'by the City Manager of an individual in a specialized field and not a Civil Service position and neither the City's Civil Service Rules and Regulations nor the Personnel Policy Manual are applicable to Dan DeCarlo, except as expressly referenced herein. By entering ~nto this Addendum, Dan DeCarlo waives all rights under the City's Civil Service System or Personnel Policy Manual. Article 4.1 (Amended) BASE SALARY. The City shall pay to Dan DeCarlo an annual salary of Forty Nine Thousand Four Hundred Dollars ($49,400), retroactive to employment contract date of March 9, 2001, and payable at the same time as the City's Management Personnel are paid. This salary reflects a 4% increase in salary as a result of an annual performance evaluation. Article 4.3 (Amended) AUTOMOBILE. Dan DeCarlo shall be compensated for nsc of his personal vehicle for city business in the amount of $225.00 per month, which reflects a $50.00 increase from the current monthly allowance of $175.00. 4.13 (New) INCENTIVE PACKAGE. Dan DeCarlo. shall receive the Management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. Article 17, (New)APPLICATION OF PPM, 17.1 Except as listed below, in those instances when both the Appointment Contract and this Addendum are silent, regarding a employment term or condition which is applicable to general City employees as set forth in the City of Boymon Beach Personnel Policy Manual (PPMP), as amended ~om time to time, then in that circumstance the term or condition provided to general City employees in the PPM shall apply m Dan DeCarlo. The following Chapters of the PPM have no application and any term or condition set forth therein are not incorporated as a term or condition of employment for Doug A. Solomon: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20, 24, 25, 26, 27, 30. In the event of a conflict between the Appointment Contract and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon ratification by the City Commission. Kurt Bressner City Manager Dated: Dated: Dan DeCarlo Neighborhood Project Specialist S:K2AkAGM TShEsnployment AgreementskDeCarlo Addendum. doe Requested City Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 [] December 18. 2001 [] January 2. 2002 VI.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Cornn~ssion Meeting Dates [] January 15. 2002 [] February 5, 2002 February 19. 2002 March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00p.m.) November 21. 2001 (5:00 p.m.) December 5. 200i (5:00 p.m.) December 19, 2001 15:00 p.m.) Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 5:00 p.m.] NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City Commission Agenda undar Consent Agenda The Plarming and Development Board with a 6 to 1 vote, recommended that the subject request be approved subject to staff commen~s. For further details pertaining to the request, see attached Department o£ Development Memorandum No. PZ 01-276. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: HIGH RIDGE PID Winston Lee. ASLA. AICP Levitt Corporation Mine! Road & High Ridge Road Request for Master Plan modification to include relocation of the cul-de-sac (Commerce Road and approval of a master signage program for the High Ridge PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -- ' De-v,e~pme~at Department Director Planning and Zon/ng Director City Manager's Signature City Attorney Fioance / Human Resources S 5Planning~SHARED\WP~PRO JEC TS~Iigh Ridge PID Revised Master Plan Master S~gnage~.genda ttern Request High Ridge PID Master Plan 1-2-02.dot S 5B ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC =NT TO: FROM: DATE: SUBJECT: Chairman and Members Plan rang and Development Board Michael W. Rumpf Director of Planning & Zoning December 17, 2001 H gh Ridge Commerce Park PID - File No. MPMD 01-004 Master Plan Mod fication - Cul-de-sac / Master Sign Program PROJECT NAME: LOCATION: LAND USE/ZONING: ADJACENT USES: High Ridge,PID- MPMD 01-QQ4 East of High Ridge Road just. north of Miner Road Industrial (I) / Planned Industrial Development (PID) (see Exhibit "A") - Location Map North- Cedar Ridge townhomes zoned Planned Unit Development (PUD); South - East - West - Waste Management Inc. of South Florida and Airfoil Technoloc~ es zoned Light Industrial (M-l); C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of- way; High Ridge Road right-of-way, farther west is undeveloped land zoned County Residential Single-Family (RS). NATURE OF REQUEST Winston Lee of Winston Lee & Associates is the agent requesting to modify the High Ridge Commerce Park PID Master Plan to combine Lots 9 through 12. This 25-acre industrial development is locatea on the east side of High Ridge Road just north of Miner Road (see Exhibit "A" - Location Map). The requested modifications are shown on the proposed master plan (see Exhibit "B" - Proposed Master Plan). This request is to relocate the cul-de-sac to the west and to revise the Master Sign Program for the PID. The site plan for Lots 9 through 12 is being reviewed concurrently as a separate application (NWSP 01-014). BACKGROUND/ANALYSIS The Master Plan includes 20 separate lots. Each lot contains 135 linear feet of street frontage on Commerce Road, except for those lots located on the cul-de-sac. Lots 9 through 12 (located along the cul-de-sac and the subject of the new site plan) are proposed to be under one (1) ownership. The proposed site plan for High Ridge PID Lots 9 through 12 (NWSP 01-014) includes 78,030 square feet of office / industrial uses. develop the lots as proposed, the High Ridge PID Plat must be re-platted to allow the propose~ recenfiguration of the Commerce Road right-of-way. Presently, the easternmost edge of the cul-de-sac is located t09 feet from the eastern perimeter (east) of the PID. Since the four (4) lots (Lots 9 - 12) will be Memorandum No. PZ 01-276 High Riage PID, MPMD 01-004 Page ; ombined for development under the same ownershio via unity of title, the resulting lot configuration requires one central access point. As a result, [he cul-de-sac will be relocated approximately 95 feet to the west from its current position, which is 204 feet from the east edge of the PlO. Land Development Regulations. Chapter 6, Article IV, Section 10.D. provides the requirements for dead-end streets. -Commerce Road is a dead.end street that terminates in a cul-de-sac, The entire right-of-way ~s public. The proposed reconfiguration of Commerce Road will still include the required cul-de-sac, but it will become a dedicated access easement. The cul-de-sac will function as a tum-aroune and access-way for the proposed development. Chapter 21 (Signs) of the Land Development Regulations allows for the establishment of individual sign programs within a plan ned district with th~ intent to encourage continuity and,alloW for flexibi ity.w th respect to type, color number location, and design. The applicant proposes to mod fy the Master Sign Program, Wh ch currently i~ limited to wall signage, to include tw~ (2) monument s gns that Will function as PID Identification s~gns. 'The first monument sign will be located 10 feet from the eastern PID boundary within the 25-foot buffer easement. The sign will be illuminated and visible for motorists traveling on Ipterstate 95 and, for.Tri-Rail commuters. The monument will have two {2) sides and contain the words "Higl~. Ridge Comme~ce Park". It will stand 14 [eet in height and be nne (9) feet in width. The total signage area will be 42:5 square feet. The second monument sign will be located On Lot I within the 40-foot b~ff~r easement. It too; will have two (2) sides and be located 10 feet from the perimeter of the PID. This sign will be non-illuminated and visible for those traveling on H gh R dge Road, t W be eight (8) feet in height and five (5) feet in width. Both signs w have dark green lettering. 'i=he Master Sign Program ~lso propose~ to nc ude red into the pa ette of p~'rn tted wall sign colors (green, orange, black, and white). The Master Sign Program proposes illuminated channel Otters and non-word depictions. Lastly, "Swiss 721 Black BT" style of lettering will be allowed under the new Program. Although Chapter 21 of the La,,n_d Dove ,opment Regu at ons and the current Sign Program both ca .' ¢?~,~ sign programs to be established on a si~ pla~ staff has ~ndorsed combining the prOpoSed ~ gn ,Program ~,ange~ with the master plan request in an effort to minimize the number of separate ~I~P cat[0ns, thereby, ~ducing time and cost incurred by the applicant. The modifications requested and described above result in no additional impacts to the: City or to those property owners currently vested by the approved High Ridge Master Plan. RECOMMENDATION l,The Technical Review Committee (TRC) has reviewed this Master Plan modification request. Staff i recommends approval, subject to those comments indicated in Exhibit "C" - Conditions of Approval, and ;;based upon the finding that the proposed changes are consistent with current regulations and intent and j,purpose of the Comprehensive Plan. Further, staff recommends that the proposed changes are [o be i considered "non-substantial" Any additional conditions recommended by the Board or Oitv co~nmiss on sha be documented accordingly in the Cond t OhS of Approval. MR/el i Xc: Central File Location Map HIGH RIDGE COMMERCE PARK P.I.D. EXHIBIT "A" 800 0 800 Feet EXHIBIT "B" Conditions of APproval Project name: High Ridge MasTer Plan Modification File number: MPMD 01-004 Reference: 2nd review plans identified~s Maste~ Plan Modification. File~ MPMD 01-004 with a November 2'1. 2001 Planning and zoning.date'stamp marking. DEPARTMENTS INCLUDE REJECT I PUBLIC WOP,-KS- General comments: None X pUBLIc WORKS- Traffic Comments: None X UTILITIES Comments: None X F1RE Comments: None X POLICE Comments: None X ENGiNEERING DMSION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONiNG Comments: Conditions of Approval DEPARTMENTS INCLUDE REJECT 1. Obtain a sign easement from the property owner of Lot 1 for the proposed X PID Identification Sign. 2. The PID Identification Sign proposed on Lot 10 of the subject proper~y must X obtain and be located within an area designated as a sign easement area. 3. The maintenance of the relocated cul-de-sac shall be the responsibility of the X property owner of Lots 9 though 12. 4. Indicate the area of the PID identification sign which is to be located near X High Ridge Road. 5. On the Master Plan, differentiate between the road (right-of-way) and that X portion (cul-de-sac) proposed as the access'easement. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. \\CH\MAIN\SHRDATA\Planning\SHARED\WP~PROJECTS\High Ridge PID Revised Master Plan Master Signage\CO.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Road PID APPLICANT'S AGENT: Winston Lee / Winston Lee & Associates APPLICANT'S ADDRESS: 4150 SW 28TM Way Fort Lauderdale. FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Modification to the High Ridge PID Master Plan to revise the Sign Program, relocate the existing cul-de-sac to the west by 95 feet, and combine Lots 9 through 12 into one unified development parcel. LOCATION OF PROPERTY: DRAWING(S): SEEEXHIBIT "A and B" ATTACHEDHERETO. X_ THIS MATTER came before the City Comm!~sion 0fthe City of Boynto.n Beach, Flodda appearing on the Consent Agenda on the date above. The City Commissionhereby adopts the findings and recommendation of the Planning and Development Boa~'d, which Board found as follows: OR THIS MA'Ci'ER came on to be heard before the City Commission of the Cityof 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. 2, 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 suppor[ed by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 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: City Clerk \~CH\MAIN\SH RDATA\Plan n~ng~S HARED\W P~P RO JECT$~High Ridge PID Re',~sed Master Plan Master Sig~lage~DO,d oc Rcques~d City Commmsion Meetm~ Dates Novembec20. 200I --] December4. 2001 [] December 18.200I [] Sanuary 2. 2002 VI.-CONSENT AG ENDA ITEM D. 2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 200I (5:00 p.m.) November 21, 2001 15:00 p.m.) December 5. 200I (5:00 p.m.) Requested City Commission Meeting Dates [] January 15 2002 [] FebruaryS. 2002 [] February 19, 2002 December 19.2001 (5:00p.m.) [] March5.2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January I6, 2002 (5:00 p.m. February 6. 2002 (5:00 p.m-) February 20, 2002 (5:00 p.m. i NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City Commission Agenda under Consent Agenda. The Harming and Development Board with a 6 to 1 vote, recommended that the subject request be approved subject to staff comments, with the exception of comments #i 1 and #15 which, pursuant to staff recommendation, may be omitted. For fiather details pertaining to the request, see attached Department of Developmear Memorandum No. PZ 01-273. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: HIGH RIDGE PID Joth Brinkman Levitt Corporation Miner Road & High Ridge Road Request site plan approval for a 78,030 square foot light industrial building on 5.38-acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Attorney / Fthance Human Resources s :~PlanningxS HARED\WP~P RO JEC TS~Iigh Ridge Lots 9-12hNWSP 2001~Agenda Item Request High Ridge PID Site plan 1-2-02.dot S :~I3ULLETINSFO RMSLAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM: NO. PZ 01-273 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AN~ CITY COMMISSION December 13, 2001 DESCRIPTION OF PROJECT Project.Name/No.: HIGH RIDGE COMMERCE PARK LOTS 9-12 / NWSP 01-014 -Property Owner: Condor Investments of Palm Beach County, nc. Applicant: Levitt Corporation Agent: W nston Lee, ASLA, AICP, Winston Lee & Associates Location: Lots 9 through 12, High Ridge Commerce Park, a P. D. Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) Type of Use: Office / Industrial Project size: Site Area: Building Area A: Building Area B: Total Building Area: 5.38 acres (234,628 square feet) 42.610 square feet 35,420 square feet 78,030 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Cedar Ridge townhouses, zoned PUD; South Airfoil Technologies, zoned M1; East C.S.X. Railroad right-of-way, farther east Interstate 95 right-of- way and West High Ridge Road right-of-way, farther east is a farm, zoned Single-Family Residential (County). Site Characteristics: The subiect property is a rectangular-shaped tract of undeveloped land, composed of four separate parcels, lots 9 through 12. Parcels 9 and 12 occupy the western half of the subject property and lots 10 and 11 occupy the eastern half of this quadrant. The Commerce Road right-of-way terminates at the subject property providing street frontage on all four (4) lots. According to the July 2001 Preliminary Environmental Assessment, the site is sparsely vegetated and highly disturbed. The disturbances include a small- scale sand mine (approximately % of the project site), ATV use, trash, previous cteadng activity, and the presence of exotic and / or nuisance plant species. In order to determine the- presence and / or distribution of any listed species of plants or wildlife, pedestrian transect surveys were conducted throughout the property. According to the report, the mapped soils of the property are Immokalee fine sand, Paola, and Pomello fine sand. These soils typically support sand pine scrub and oak vegetative communities. Only a few scattered native vegetative specie~ remain, mixed between clumps of exotic species. The remaining native vegetation includes slash pine, cabbage palm, Page 2 High Ridge PID Lots 9-12 - Site Plan Review Staff Report Memorandum No. PZ 01-273 Proposal: Concurrency: a. Traffic- b. Drainage- Driveways: saw palmetto, scrub oak, bracken fern, love vine, and grape. revealed no presence of "listed" species of wildlife or plants. jurisdictional wetlands occur on the subject property. The rapor[ No areas of Mr.' Winston Lee of Winston Lee & Associates is requesting site plan approval to construct tw~ buildings to total 78,030 squa,r,,e,,feet for office / industrial use(s)~n the above-referenced lots (see Exhibit' B - Proposed Site Plan). AS currently proposed, the specifications for each bay area within the retail area are conceptual and may vary in size in order to satisfy the needs of the individual tenant and applic~bl,e coaes, ri'he entire project is to be constructed n one phase '(see Exhibit. B Proposed Site Plan). This site plan is being processed ~;oncurrent y With the Master Plan Mod fiCation (MPMD 01-004). A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division has determined that the proposed project is part of the previously approved High Ridge Commerce Park PID, therefore, it meets the Traff~c Performanoe Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage Solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic cimulation will consist of one (1) main entrance providing access from Commerce Road. Since the project intent is to combine all four parcels together to make one 5.38-acre parcel, the need to have street frontage on Lots 10 and 11 has been eliminated. This proposal reduces the eastward extent of the Commerce Road right-of-way and relocates the cul-de-sac 95 feet to the west. As a result, only Lots 9 and 12 will front on the cul-de-sac. This relocated cul-de-sac reduces the public right-of-way and allows for more intensive development Opportunity on the subject property. The Master Plan modification proposes to dedicate this relocated cul-de-sac as an access easement. The actual "driveway" will be located west of the cul-de-sac, perpendicular to the centedine of Commerce Road, and horizontal with the western property line of the combined four lots. The proposed changes will require a replat of the P;ID prior to the issuance of any permits for the subject project (see Exhibit "C" - Conditions of Approval). The project intent is to have this entrance serve, as the focal point for large-size commercial vehicles. The cul-de-sac (50-foot radius) will allow commercial and service vehicles to maneuver into the loading areas to the north or south. The dumpster enclosures and loading zone areas have been strategically located to the west of the proposed buildings in order to accommodate larger size vehicles and their respective turning radius. The dumpster enclosures face south and are angled for easier refuse removal. All vehicles (including emergency), will have adequate room to maneuver between the proposed buildings and circulate throughout the site. A two-way ddve aisle 27 feet in width would provide service and customer access to proposed parking areas located east of the buildings. Page 3 High Ridge PID Lots 9-12 - Site Plan Review Staff Repor~ Memorandum No. PZ 01-273 Parking Facility: A total of 156 parking spaces are required based on one (1) space per 500 square feet of gross flopr area (see Exhib t "C" - Cqndit ons of Approval). The number of pad(ing spaces pro~i~led equals, ~186 .including seven (~) spaces designated for I~andicap use.' ,All spaces,, exce,p,t handicap spaces will be dime~nsioned .nine ,¢eet by ,e. ighte~,n: ,feet~ (9{ x..~18 )3 The parkin~ Spaces and drive aisles will surreun(J,all side'.of the'~uildings,.: except in lo~.atien~ where load ng zones are pr~opo,se~l. Ai handiCap~ spaces will be located near the entrances of each buiidihg'.~ Li[tle pe~destdan traffic is anticipated Landscaping: 'i;he proPosed ,pe~ioqS ~,r. ~g~r~n'~' a,r,,ea i,s 52,~2~s§uam fe~t or ,,22 3% of the t0tal-site, iLi~e .,oaE ~e~ ~i~.~ib'.e." ini~th~r~ft:o.ntL~s.q~pe'buff~r:adjaCent to Lot ~3 ,a'nd Lot ~ th~ad~i~0~-; ~eA'00t,,l~0dS,~l~e-i6~:ff'e,~ Will conrtain a,continuous Wax Myrtl~ .heal, ge. '-~ {c~a!~ o~f ~Ve .(5), ~a~ ~1m ~rees w]l! b~, clustered at each s[d~ of ,the maih e,l'~t~ncew~y ' The en,t~aL~ceway,will also co,rain Wax · Jasm r~i BoSton-Fem,'ar'~L~inur:n Lily. ' ' The nt ~iorandte ~t3a la ~' ed sandsinthe arkn araasw centana Royal !Palm; Live ~k¢ ,~ [aq. Beauty~eaf, or Sabal: Palm trees. The en~.ranc~';f8a~e.lo~ted..;a~ng~i.the-e~st property line at the terminus of erttrance dele ~e~ir~.i ~g~iii{,illea~ Vari~ated Shell Ginger; Brazilian Beautyleaff, Philo(iend~m,~rinum Lily:. The four (4) dumpster enclosures located a~ong the; w~st P~'O~'e~_ line will have V~/ax Jasmine on all three (3) sides. In the north 40~foot wide lan;d~cape buffer, .Live Oak trees will be planted to overlap each other. TheSei give ~}ak trees will be spaced approximately 15 feet on-center and w I1 exceed the standards that were used in similar projects in the past for this PID. ~he ,Live Oaks w I form a formidable upper-level continuous screen from the-resid, entiatlY z0ped property. Hibiscus hedges will be p anted out§ de the s ~( (61)-foOt b gh ~naS0nry:wall. A 25-foot wide buffer easement will separate, the rear parkin§ area from the C.S X ra road right-of-way~ Ths ]andscapad buffer will contain a continuous Hibiscus hedge along~,the entire, eastem perimiter of the property. It will also contain Dahoon Ho ly and r~avender Crape',Myrtle. Building and Site: Building and site regulations will ~e fully met when staff comments are incorporated nra the permit drawings. A masonry wall six (6) feet in height has been provided along the north property line t0 buffer the subject property from the residential yzoned.p~'opert~ (Cedar F~idge townhouses). The 40-foot wide landscape buffer coupled with the.walll (lower level buffer) and the proposed Live Oaks (upper level buffer) will provide a formidable barrier between the subject property ,and the F~UD: Furthermore, most of the area inside the P,U, D, imrr~diately north of the SubjeCt property has been set aside as the PUD s retention area; therefore, .tuitiOnal or no adverse impact is expected to the residential property as a reSUlt of this proposal. Community Design: The proposed bud ngs w 1 be one-story structures with the top of the fiat roof to stand 31 feet n height. The top of the roofline will:be 34 feet in height at the entry feature. The overhead doors for loading zones are proposed in the front of the building (see west elevations) but will not be seen from High Ridge Road. The overhead doors will only be seen upon entering the property. The Page 4 High Ridge PID Lots 9-12 - Site Plan Review Staff Repod ~lemorandum No. PZ 01-273 main building colors vary between yellow-gold and cream. The proposed building fac~ade facing the C.S.X. railroad (which can also be seen by motorists trave in§ on interstate 95) has been appropriate y designed to exceed the arch tectural quality and appearance of existing buildings in the industrial park. The rear fac,.ade (facing the C S.X. and I~95) will have dark green canopy shutters. Signage: The wall signage area is based on one (1) square-foot,of sign area for each one (~1) linear foot of building frontage. The maximum'ai ~w~at~le area for all wail signs shall not exceed 664~41 square feet (see E×h~bJt "~ ~ C0pcli~i0ns of Approval). The elevations indicate that the wall sign~ wi i appear ~r~ thei:r, ear Of the b~ ding above the entrance to each b. aY, They will bere~ green O~ blue channel letters, The applicant is proposing one (1) PID identification'mon,urn,_?n,t Sign to be located in the 25-foot wide eestem perimeter buffer<, It~ ~ill~,~e,an aluminum type sign with sand painted finish that reads ~H gh Ridge--C~em~ Park". The structure will' stand 14 feet in height and be nine (9) {eet wide. Another monument sign, as proposed in the Master Plan Modification (MPMD 01-004~), is an entry sign located in the westem landscape buffer, near the project entrance. This monument sign wilt be eight (8) feet .in height and five (5) feet in width. It will match the other proposed mor~ume~t sign with regard to lettering, sign color and materials. Two wall mounted directory sings are proposed on the front wall of Building A and Building B, closest to the main entrance. Each sign, 20 inches long and 24 inches wide will contain changeable slats for tenant names. The project signage will conform to both Chapter 21 of the Land Development Regulations and with the modified Sign Program of the High Ridge Commerce Park P.I [3. as detailed in the Conditions of Approval, RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon approval of the Master Plan modification (MPMD 01-0041 and subject to the comments included in Exhibit "C"- Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:~Pla nning ~HAR ED\W P~P RO J ECTS\High Ridge Lots 9-12~NWSP 2001~Staff Re~ort~oc Map ~,,D=~- CO ',4M,_RCE PARK P.I.D. HIGH '-'" ~-'= ~' ~= R1AA RI,AA EXHIBIT "A" F 8OO 0 800 1600 2400 Feet ";- EXHI'BIT 'B" X 094_H~gh PddgeLBuilding 'B'LAS. I_ELEV_B 01094.dwg, 11/29/01 09: EXHIBIT "g" 094 Hi=h F-.idge~Building 'A~AS.0_ELEV_A_01094.dwg, 11,29/0! 09 EXHIBIT "B" Conditions of Approval Pro~ect name: High Ridge PID Lots 9-12 File number: NWSP 01-014 Reference: 2~ review plans identified as New Site Plans with a November 27. 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBL]~C WORKS- Traffic Comment~: None X UTILITIES Comments: None X FIRE Comments: 1. The site plan and master plan design documents shall adhere to Chapter 9 of the X Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 1997 edition, and NFPA 101, Life Safeiy Code, 1997 edition. POLICE Comments: None X ENGINEERING DMSION Comments: 2. Include pollution retardant baffles for water quality for the track ramp drainage. X Provide details at the time of permitting. 3. Provide data of underground soil conditions at the time of permitting (LDR, X Chapter 6, Article IV, Section 9). 4. Provide an irrigation plan in conformance with the LDR at the time of permitting X (Chapter 7 5, Article II, Section 5). 5. Existing overhead and underground Flor/da Power & Light (FPL) easements, as X shown on the existing record plat have not been addressed on the Site plan. Provide vacation statement at permitting. Conditions of Approval DEPARTMENTS INCLUDE REJECT 6. Relocate catch basin inlets from the property line to the west 5 feet - 10 inches. X This shall be verified at the time of permitting. 7. The proposed master plan is a reconfiguration of a portion of an existing record X plat. The existing enl~de-sac of the public roadway Will be relocated, which requires a re-platting of this portion of the record plat. Allhough the Miner Road tract (Tract S-2), as shown on the existing record plat, has been abandoned by , ordinance of the City Comm/ssion, it must be shown on the proposed new record I plat and likewise w/th.the vacation statement. ~ 8. The relocated cul-de-sac shall be private (or maintenance responsibility X purposes) but be shown on the proposed record.plat as a roadway and utility easement to support the ex/sting utilities lying with/n same. The water main traversing south from the new cul-de-sac and recounecfing back into the existing water main at the southeast corner of the property shall dedicated to the city for utility purposes. All other water mains shall remain private. 9. On the iwastewater system, a new sanitary manhole shall be constructed in the X centerline of the roadway at the new property line to delineate where public maintenance responsibiliN ends and private maintenance responsibility begins. 10. On the storm water issue, relocate the proposed inlets located in the cul-de-sac X curbing to the west to remove them from traffic pounding, o_r recomfigure the location as a type suitable lo valley curbing and keep them within larger curbing radius. BUILDING DIVISION Comments: 11. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels Or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified are required to be submitted to process the form. The property owner that is identified on each deed shall match. 12. At time of permit review, submit signed and sealed working drawings of the X proposed constmction. 13. At time of permit review, submit a copy of the recorded resolution that verifies X the abandonment / replat of the alley, right-of-way or easement. 14 At time of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION X Comments: None DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST I Comments: None X PLANNING AND ZONING Comments: 15. Correct the site plan tabular data tO indicate that 156 parking spaces are reqinred X rather than 98 parking spaces. This figme is based on one (1) space per 500 square feet of gross floor area. Change the excess parking figure accordingly. In addition, eliminate the words "Warehouse'~and nse the formula "1 per 500 square feet" under Gross Building Area in the tabular data. ' 16. All above ground mechamcai equipment such as ~xtefior utility boxes, meters, X and transformers shall be visually screened with app~:opriate landscaping/hedge material (Chapter 9 Section 10.C,4.), The backflowpreventer shall be painted to match the principal structure. 17. Identify and label the dimension for the sign face area for both the PID project X Identification sign along Interstate 95 and the monument sign at the project entrance. 18. The maximum allowable wall signage area shall not exceed 664.41 square feet. X 19. The erection ora second monument sign and its location inside the required 25- X foot PID perimeter buffer is subject to the approval of the Master Plan Modification. 20. The max/mum vertical height of the wail sign letters shall not exceed three and X one-half (3 ½) feet unless approved via the PID sign program changes sought in the Master Plan Modification. ADDITIONAL PLANNING AND DEVELOP_MENT BOARD CONDITIONS Comments: 21. Pursuant to staffrecommendatiun, comments #11 and #15 are eliminated. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 22. To be determined. J:\SHRDATA\PlanmnglSHARED\WP~PROJECTS\High Ridge Lots 9-12\NWSP 2001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge PiD Lots 9 - 12 APPLICANT'S AGENT: Winston Lse/Winston Lee & Associates APPLICANT'S ADDRESS: 4150 SW 28~ Way Ft Lauderdale. FL 33312 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: High Ridge PtD Lots 9- 12 DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. X THIS MATTER came before the City Commission Of the City of Boynton Beach, Florida appearing on the Consent Agenda on thedata above. The City Commission hereby adopts the findings and. recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the data 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. 2. 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 "C" with notation "Included". 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: City Clerk \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12~NWSP 2001\DO.doc Requested Cit~ Commission Meet/ne Dates [-- November 20. 2001 December 4. 2001 December 18.2001 [] January 2. 2002 VT.-CONSENT AGENDA TTEM D.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Corran~ssmn Meeting Dates [] January I5. 2002 [] February 5, 2002 [] Febmary 19, 2002 [] March 5, 2002 Date FinaI Form Must be Turned in to City Clerk's Office November 7, 200I (5:00 p.m.) November 21,2001 /5:00 p.m.) December 5. 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) Date Final Form Must be Turned in to C~t~ Clerk's Office January 3, 2002 5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (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 this request on the January 2. 2002 City CommaSsion Agenda under Consent Agenda. The Planuing and Development Board with an unammous vote (7-0), recommended that the subject request be approved subject to staff comments. For further details pertaining to the requesu see attached Departmmrt of Development Memorandum No. PZ 01-275. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCIL!PTION: HIGH RIDGE PID W/nston Lee, ASLA, AICP Levitt Corporation Miner Road & High Ridge Road Establish the list of approved uses for the High Ridge PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -- ' D~e~vel/~p~nefl~ Department Director Plmming and Zoning Director C~ty Manager's S~gnamre City Attorney / Finance Human Resources S:kPlanning~SHAKED\WPkPROJECTSkHigh Pddge Lots 9-12\USAP 2001kAgenda Item Request High R/dg¢ PID Use Approval 1-2-02.dot S:kBULLETIN~ORM SkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-275 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board M chae W Rumpf¢''/c'~--- P[anmng and Zoning Director Ma~dme Ducoste-~A. Planner ~ December 14, 2001 High Ridge Commerce Park PID (File No. USAP 01-004) NeTM List Of Permitted Uses NATURE OF REQUEST Joni Brickman, of Winston Lee and Associates, Inc., agent for Levitt Corporation, is requesting approval of a list of permitted uses for the High Ridge Commerce Park Planned Industrial Development (PID). This request is in connection with the desire of the applicant to develop lots 9 through12 as an Office/Industrial project in the High Ridge Commerce Park PID (see attached location map in Exhibit "A"). Chapter2- Zoning, Section 7.E, of the Land Development Regulations requires that any use proposed within a Planned Industrial Development (PID) distdct be appro,,ed by the Planning and Development Board (and CityCommission). BACKGROUND The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Multi-family portion of Cedar Ridge Estates PUD; East Seaboard Airline Railroad and 1-95 rights-of.way; South - Boynton Beach Distribution Center, zoned M-l; and West High Ridge Road right-of-way, and farther west is unincorporated Palm Beach County. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PiD. Pursuantto Chapter 2-Zoning, Section 7.E., in a PID. a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment use in accordance with Section 11.M. of the zoning code or industrial uses provided that such use or uses is/are approved bythe Planning and Development Board and City Commission. To approve such a use, the Planning and Development Board must makefindings thatthe proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the planned industrial development district. Page 2 Memorandum No. 01~275 High Ridge P[D USAP 01-004 Similar to the Quantum Park PID, the originat approved master plan for the High Ridge Commerce Park Planned Industrial Development (PID) did not include a specific list of permitted uses. Therefore, the permitted uses lists for these two master plans have been created incrementally in connection with the approval of new developments for each PID. In contrast, the Boynton Beach Commerce Center PID included a list of permitted uses as part ofthe master plan approval. Uses previously approved through the use approval process for the High Ridge Commerce Park PID include, in part, Amerope, Harrison Impert/E~port, Interstate Sign crafters, PGD, Inc., and Atlas Par[y Rental. These approved uses included wholesale distribution;warehousing and wholesale of fabrics; design, manufacturing and warehousing of signs; manufacturing, wholesaling and Warehousing of cast stone products; and warehousing and rental of party supplies, all of which are consistent With Zhe intent and purpose of Section 8.A.1 .a and 8.A.l.b. of the M-1 zoning district regulations. The establishment Ora comprehensive use list better' prepares the PID for potential owners a.nd tenants eliminating the need for them to assume responsibility for use approval anld the Un, certainty.that acc.ompanies the process. The proposed list represents a combination of Use~ already e,st,a,,.b?hed in both the QUantum Park of Commerce PID and the Boynton Conimerce Center pID (see' E~ibi! B,). ANALYSIS The purpose of the city's performance standards is to ensure that uses ~ll not be a nuisance or baird to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or that they will not interfere with the reasonable use or enjoyment of adjacent or nearby proper-by by reason Of noise, vibration, smoke, dust, or other:particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a response to the performance standards listed in Section 4 N. to enable staff to evaluate the impact and appropriateness of this use within this PID district. The following performance criteria are evaluated using information collected from this current application. These responses are listed as follows: 1) Noise: The applicant is aware of and shall comply with Section 15-8 of the City of Boynton Beach Code of Ordinances in regard to sound levals for all proposed uses; 2) Vibrations: All proposed uses within the PID shall complywith the restrictions related to ground vibrations, 3) Smoke, dust, dirt, or other particulate matter. All proposed uses within the PID shall comply with this section as well as any federal, state, county or city laws governing the emission of substances; 4) Odors and fumes: All proposed uses within the PID shall comply with this section as required; 5) Toxic or noxious matter: All proposed uses within the PID shatl comply with this section as required; Page 3 Memorandum No. 01-275 High Ridge PID USAP 01-004 6) 7) Fire:and Explosion: If any use pr,op, oses the, storage, use or production of flammable or expl°Sivb matedalsi s~me rS'ha!/';be in' ¢0nfo~'manbe with the ProvisiOnS of~ chapter 9, of the Ci{'y's Code Of Ordinances; '; Heat, Humidity or Glare: All proposed uses w th n the P D shall comply with this sectio~ as required; ' 8) I.;[q.id waste: A{t proposed USeS within thb P D shal Comp yw th ~his, sect On.as requ red 9) So!~d Wa;s~ff~Spll;I ~v, aste g~enerated b~ a~y prpp~sed use within the pID shall comply with Ch'aPter 1 ~t ~he .Ci~s CbOe?of o!~-8in~hd~i 10) E!ectromagnetic Ir~erfergnce: ,All ~propesed u~es witt~in the PID shall compJy with the principles arid Standa~d~ a~0pteld bY t~e liisfitu;te of Electrical and Electronics"Engineers, or the E~ectmn[c ndastre~ A~S~Ci~t bn ~ weJl a:S;tbe'Fedem CommunicatiOns Commission regulations; 11) Hazardous Materials and Hazardous Waste: Any use which falls within the thresholds requiring that an Environmental'Reviev~ Permit be issued by the City, shall comply with all aspect of Chapter 2.4.N.11 It is the opinion of staff that the proposed list of perm tted uses within Exhibit "B" is consistent w th the intent and purpose of thee High Ridge Commerce Park P D, and f~irthers the attempt to provide a suitable environ.m,,e,,nt for ind~s[rial developments, while ~0mpJying wi'~h t~he City's code requirements, please see Exhibit C for excerpts, of those portions of the M-1 zoning district regulations referenced in the list of proposed uses. It should be noted that the applioant proposes that the use list only apply to a portion of the P1D (e.g. Lots 9 through 12). However, staff recommends that the list apply, lo the entire PI D, as the size of the PID does notWarrant more than one (!)use I~t. It should ais~ be noted that subsequent uses proposed for the PID that are not on the list, wil centinuei to be reviewed on a case by case basis through the use approval process for conformance with the requirements desbribed herein. RECOMMENDATION It is the determ nat on by staff that the proposed list is consistent with the intent and purpose of the Planned ndustrial Deve opment district and therefore contingent upon meeting the proposed set of condition listed in Exhibit "D"; staff recommends that the s't bf permitted u~e~ for the H gh Ridge Commerbe Park PID be approved. MDA xc: Central File · P EXHIBIT "A" HIGH RIDGE COMMERCE PARK P.I.D. 1000 1000 2000 3000 Feet N EXHIBIT "B". E.,ff~ib i t "B" Permitted Uses The following ar~ permitted uses at Lots 9-12 of the High Ridge c°mmerce Park PID: Permitted Uses CO~RCIAL ,(PERSONAL SERVICES ~:l.a W~t-tO~S~,,DISTI~3[I3~UT~ON, ~©L SALE~ SHOWROOM i:~ :a33, a~acturing ~a!~d, g0~ l~sted ab°Ye, or ~Y use isted in 8:&Lc{2)~),O),(6);(7),(I4) ~ (16) OF T~-M:I~ Indusm~ g~mg~e~atienS,' ~d ihclufmg~ bm not limited to ~e foll~ng ~dow ~eament m~gcmfi~ ~d sho~om Fabdcmion of c~v~ ahd vinyl coverings Textile m~fif~mring ~d dis~bmion aM finishing ~d disffibufion r and i~tMlers Sections District" Retail sold on the ; than ,50% of the goods INDUSTRL4I. Machine shops Limousine storage and dispatch Auto storage and distribution (inside only- no repairs) Research and Development laboratories OPERATIONS CENTER, requiring a mix of moderate warehouse and increased office use Satellite operations management offices for any light industrial use allowed ~n Section 8 of the "M-1 Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio EXHIBIT "B" Motion picture and/or music studios Nursing registries Non-profit trade organ/zation reseamh and record storage facilities Offices for contractors OFFICES Professional and business offices Uses Requiring Environmental Review MANLrFACTURING, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Sect/on 8.A.3.a WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM 1. Seafood 2. Solvent Distribution Facility 3. Principal uses for any of the manufacturing categories listed immediately above 4. Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail 42 Boy-nton Beach Code EXHI, BIT "C" a.s staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. Non-substantial (minor) modifications will not extend time limitations for development of property as supulated in LDR Chapter 2, Section 9, paragraph Ci3. O. ZONING ADMINISTRATOR. Building perm/ts. No building permit or certificate of occupancy or zoning compliance ~l~jl be issued: in or for development in a PID di~tri& except in conformity with ail provisions of the zoning to PID classifications and plans submitted under subsection M of these zoning regulations. (Oral: NO. 96-51, § 4, t-2t-97; Ord. No. 00~03, §{} 1, 2/. 3-21,00) M-1 industrial district and Sec. 8. regulations use provisions. A. M-1 INDUSTRIAL DISTPdCT. I Permitted uses, no distance requirement. Within any M-I industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2, would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4.. or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shalI apply for the following uses: a Manufacturing, fabrication, and processmg as follows: (1) Bakery products. (2) Ice and dry ice. (3) Textile products, appareI, and clothing accessories, manufactured from purchased fabric and mat~riaI's, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. including premises. (4) Sailmaking and canvas goods. retail sale of goods manufactured on (5) Leather cutting and stamping; fabricated leather products: (6) Furniture, cabinets, and wood fixtures, with gross .floor area~ of shop not greater than iwo thousand (2,0005 square feet (7) BFmd, shutter, shade, and awmng fabrication from wood, plastic, fabric, canvas, or finished metal pieces. (8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil. sheet, or film materials. (9) Stone cutting and finishing. (I0) Statuary, ornaments, and ar~ goods. (t 1) Glass and glass i: roducts. (12) Ceramic. pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (14) Machinery, equipment. appliances, parrs, and tools, limited to assembly of finished pans and materials. (I5) Electrical and electronic goods. [irrfited to assembly of parrs and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. 2000 S-12 Zoning EXHIBIT "C" 42A optical equipment, clockwork devices. (17) Precision instruments, photographic equipment, and (18) Medical and dental equipment. (19] Household goods and other small items such as jewelry, lapidary goods, personal articles, toyz, amusement devices, sporting goods, musical instruments: stationary, office, and an supplies; advertising specialties, novelties, ornaments, nonons, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (I) Industrial, commercial, office and professional eqmpment: service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service. repair, and rebuilding, exchiding display or sale of any new, used, or rebuilt merchandise at retail on premises, unless specifically allowed in accordance with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and antique upholstery, covering, m~d repatring. (4) Steam and pressure cleaning services. 1997 S-5 Zonin~o (5) Septic tank. sewer, and drain clean/rig and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste m ~remisea, provided that tracks used for the transport of waste shall be parked and stored in cor~forrrmnce with the m~nimum distance requirement specified in Section 8.A.2. (6) Packaging and labelin services, excluding handling of materials prohibite( in Section 8.A.5. (7) Lawn, garden, and tree maintenance services; landscaping contractors. (8) Recording and motionpicmrel studios. (9) Catering and food services. (10) Data processing services. aboratories. (1 I) Research and development laboratories. (12) Commercial testingl laboratories. (13) Medical and dental (14) Upholstery and carpet steam cleaning businesses. exterior storage. (15) Towing companies with (16) Vegetation recycling as conditional use to a solid w.aste operating a_nd recycling facility. c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A.t., 8.A.2., or 8.A.3. (I) Warehouses. self service storage facilities (mini-warehouses) in accordance with Section 11.0 storagelockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. EXHIBIT "C" 43 (2) lndustztaL commercial, office, professional, and business machinery, equipment, fixtures, tools and supplies, excluding uses specifically ~roh/bited in S~ction 8.A.5. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited u~ess specifically allowed in accordance with Sections 8.A-l_ 8,A.2., 8.A.3.. or 8.A.4. (4) Building materials, home knprovement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roof'mg, roof-lng, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture. partitions, kitchen and bathroom f~xmres, pools and spas, glass and mirrors, plumbing and eIectrical supplies, and the like, including retail sales. (5) Finished concrete, brick, clay, and stone building and paving rrmterials: sewer and water pipe, and culvert; storage, distribution. wholesale or retail sa/es. (6) Pumps, generators, motors, fire protection equipmem, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. retail sale. (8) Pre-fabricated sheds, including (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, includkng retail sale. (10) Monuments and gravestones. including retail sales. excluding uses 8.A.5. (Il) Feed and farm supplies. specifically prohibited in Section (I2) Trucks. buses, farm equipment, construction machineD', amd utilky 1996 S-1 EXHIBIT "C" Bo3mton Beach Code trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article 1211 of the City of . Boynton Beach Code of Ordinances. (14) Automobile. veh/cle, and boat parts, accessories, furnishings, and supplies: retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac- cessory use to repair, service, rebuilding, or instal- lation services, where such services lawfully exist. (15) Mobile homes, limited to aseas west of Interstate 95. lretail sales. (16) Ice and dry ice. including[ (17) Live fish. d. Transportation, communication. ' xilities, and m.isc~llaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards. f{eight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and c2ns from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transrmtting rowers, as an accessory use to a lawful principal use. (7) Ambulance dispatch servtce. (8) Community cemers, operated :~y non-profit organizanons, provided that no more than 40% of the floor space is devoted to office use. (Ord. No. 96-03. {} 1, 3-19-96) 1996 S-2 2. Permitted uses subject ro distance requirement. Within any M-I industria/ district, no building, structure, land. or water, or any part thereof shall be erected, altered, or used. in whole or in par~ for any of the following uses. unless a mimmum dism.nce of three hundred (300) feet is maintained between the use and residential-zoned properry~ Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located, within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as folIows: (i) Plastic products, limited to forming of plastics materials, including compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permi~ (2) Rubber products, limited to forming of rubber materials; excluding rite and innermbe nm. nufacmring and rubber reclaiming. Establishment of such uses within the mum distance requirement specified aboge shall require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; rrmchining, sra.mping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the rain/mum distance requirement specified above shall require an environmental review permit. b. Other uses as follows: (I) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt mhd tar plants. (2) Building cleaning and janitorial services; swimming pool maintenance se.rv?es. '~ Establishment of such. wes within the minimum distance ,reqUirement Specificd abo(,e shall require an environmental~ review perrait. (3) Sandblasting on premises. (4) Bulk storage, distribution, wholesale or retail, sade-of tOpSOil, :lime, gravel, limero~k, ~h~tlro¢lc; coal, mih~s, crashed rock, sand, :cinders, fertilizer;, and the like, limi{ed to an acceks0~ use tb a buii~i~g.mate~ia!s stgre', .garden sh0p,-nfirsery; contractor. Or .Other lawful ptirlcipal (5) Tracking and transfer, and mowing operations. (6) Contractors, operative builders, and trade contractors shops'and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (7) Parking or storage of tracks used for the transport of septic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section 1 i.M. 3. Uses requiring enviroumentaI review permit. Within an M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisiom of those section.s, where applicable. a. Manufacturing, fabrication, and processing as follows: EXHIBIT "C" 45 (I) Dairy products. (2) Canned. frozen or preserved (3) Beverages and bottling. (4) Confections. (5) I:'repated~ }neat, seafood, and poultry products. (6) ' All other food products, no~ specifically permitted in Section 8.A. 1. or prohibited in Section 8.A.5. (7) Furniture, cabinets, and wood fixtures, with gross floor ~area of shop of greater than two thousand (2,000) square feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biological products. (10) Cosmetics. (I I) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (12) Rubber products, limited to forming of robber materials, and excluding tire and irmermbe manufacturing and robber reclaiming, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. repair, including repair. (13) Fiberglass fabrication and fiberglass boat fabrication and (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal [abrication, md blacksmith shops; machining, stamping, cuttin_o, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. where EXHIBIT"C" 4~ Boynton Be~ch Code such uses would be established within the m_in/mm distance rcquiremem specified in Section 8.A.2. (15) Electrical and electronic goods involving processes other than assembly of a~s or materials, equipment, rrmchinery. (16) Vehicles, transportation and boats; farm mad construction (17) Mobile homes, provided that tch uses shall be located west of Interstate 95. (18) Plated ware manufacture: ndustrial electroplating and anodizing as either a vrincipal or accessory use; replating shops. (19) Chemical cleaning and :tching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services , ontractors, as follows: (13 Concrete contractors pumping service, excluding concrete plants. (7) Print shops, photographic laboratories, commercial photography~ commercial art. silkscreaning, lithography, typesetting, and bluepriming services. (8) Uniform, towel and linen supply services: industrial launderers; laundry and dry-cieaning plants, excluding retail pickup and drop-off on premises; carpet mad rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the mi_n/mm distance reqniremem specified in Section 8.A.2. c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. and (1) Petroleum and petroleum products, including solvents and liquified petroleum and gas; bulk or nonbutk storage, sales, or distribution. (2) Contractors, operative builders, and trade contractors shops and storage ~reas, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of ~hapter 9, Article III, of the City of Boynton Beach ~ode of Ordinances and excluding automobile service stations selling motor fuels at reta/l. (4) Boat storage, service, repair, ~¢bmldlng, and customizing. (5) Furniture cleaning, stripping, refinishing. (6) Exterminating, fi. unigating, d disinfecting services. (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations. including formulating of cleaning preparations for sale on prernises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution. excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals. provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. d, Miscellaneous uses, as follows: EXHIBIT "C" Zoning ,$7 (1) ,~ny use which uses, handles, stores, or displays hazardous rngt~rials, or which gene~'~tes ~azardous w~te,~ as defified bY' 40'code Of Federal Regulations, P~rt 26,1. 4. Conditional uses. Within any M-1 industrial district, , structure, I used of the approval is that an or shall fully comply sections, where applicable. a. Millwork and truss plains, provided that such uses COnform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons. convention and exhibition halls, and racetracks. provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shah have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. 5. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used. in whole or in part, for any use not specifically allowed in accordance with Sections 8.A.1.. 8.A.2.. 8.A.3.. or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication. processing, and extraction as follows: (i) Grain and feed products; crop processing. (2) Vegetable fats and oils. (3) Distilling and brewing. (4) Seafood processing. (5) $1aughtedng and rendering o f meat and poultry processing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter of Iivestock, horses, or poultry. (7) Rendering of animal or marine fats, oils. mad other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard. oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. (11) Tobacco processing and tobacco products manufacturing. (12) ~Veaving, spinning, knitting, dyeing, or treating of textile mil1 products. (13) Pulp mills: paper and paperboard mills: converted paper and paperboard products not specifically permitted in Section 8.A.l.a.(8) of these zoning regulations (14) Chemicals and allied products not specifically allowed elsewhere in this section. (15) Wood preserving, pressure treating, and dr3 lng. 2000 2-12 48 Boynton Beach Code EXHIBIT "C" (16) Fertilizer, pesticides. herbicides, and agricultural chemicals. (17) Explosives. ammunition, matches, and fireworks. (18) Petroleum refining. (19) Petroleum, asphalt, tar. and coal products. (20) Plastics, manufacturing of resins, primary plastics materials, synthetic robber. cellulose, and synthetic fibers. (2I) Rubber. manufacture of primary robber materials, tires and irmermbes, and robber reclaiming. (22) Soaps, detergents, and cleaning preparations, other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, time, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A. 1.a. (25) Brick, firebrick, terra cotra. clay p~pe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand. gravel, shellrock, limerock, mineral earths, and the like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A.l., 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching cf metals as a principal use, or any chemical descaling of metals. 2000 S-12 (31) Coal or coke fi~edldlnsand furnaces; coke ovens. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil gravel, or shellrock, except as incidental or necessary for construction on the premises. (33) Aerosol filling and packaging. (34) Liquid. oil, or chemical electric transformers, manufacture or rebuilding. b. Storage, distribution, wholesale. retail, and services, as follows: (i) Any retail display orsale, no[ specifically allowed elsewhere in this section. (2) Farmers' markets. (3) Flea markets, sales bazaars. swap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section g.A.1. (4) Crematoriums and the like. (5) Explosives, ammunition. matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine. fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agriculturaI chemicals. (9) Offices or restaurants, except as an accessory use to a lawful pnncipal use. chemical services. (10) Agricultural fertilizing, and pest. disease, weed. or soil treatment EXHIBIT "C" Zon/ng (11) Truck stops or automobile service stations. (12)' Boarding kennels; guard dog kennels and training SerVices. (13).Any open storage or display, unless growing t not require icles or defined by Section shall be adequatey screened. c. ' Transportation, communication, utilities, and miscellaneous uses as follows: (1) Chemical and toxic waste storage or disposal; tank track cleaning. (2) Land fill operations. (3) Airports, airfields, and landing strips. (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except specifically allowed elsewhere in this section. (7) Recycling sorting processing facilities. Minimum lot area Minimum lot frontage 2000 S-12 or (8) Animal disposal facilities. (9) Incinerators of any type. Building and site regulations: 10.000 square feet None Minimum front yard Minimum side yard (interior) Minimum side yard (comer) Minimum rear yard Maximum lot coverage Maximum height 15 feet* 15 feet one side 15 feet street side 20 feet** 60 percent 45 feet, not to exceed 4 stories *Except where rear of the lot abuts a pa:¢ed alley or stre6i~ then:n9 Side s&back shill be re~tuired. **Whei'e rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (I0) feet. Note: Where lots abut a residential area, the corresp$nding side an&or rear setback shall be a minimum of thirty (30) feet. Alt necessary roof-mounted mechanical equipment shall be sound baffled. 7. Off-street parking. As provided in Section ll.H. hereinafter. (Ord. No. 95-23, § t, 8-15-95; Ord. No. 95-24, § 4, 8-15-95; Ord. No. 00-04, §§ l, 2, 44-00) Sec. 9. Administration and enforcement. A. BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All buildings, structures, and uses of land shall comply wkh the regulations of this ordinance and with all applicable building and health laws and ordinances. Each application for a building permit shall be accompanied by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon. the size of the building or structure to be erected or structurally altered, its location on the lot or lots. and such other information as may be required as to provide for the enforcement of these regulations. B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of alt other applicable ordinances. 49 EXHIBIT "D" Conditions of Approval (REVISED') Project name: High Ridge P1D File number: USAP 01-004 (Use Approval) Reference: Request to develop lots 9 through 12 as an Office/Industrial project in High Ridge Commerce Park PID. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General [ Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUll,DING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: / 1.Ormt' references to 'Lots 9~12" m' t~tle' bst' shall apply to entire master plan. X Conditions of Approval DEPARTMENTS INCLUDE REJECT . ~a32)DITIONAL PLANNING AND. ZONI~,G . Comm~nts: None ADDITIONA~ cITY. COMMISSION CONDITIONS Comments: To be determined. j:\SHRDATA\Planning\SHARED\WP~PROJECTS\High Ridge Lots 9-12\USAP 2001\Condition of Approval High Ridge PID Use Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge PID APPLICANT'S AGENT: Joni Brinkman APPLICANT'S ADDRESS: 1532 Old Okeechobee Road DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2002 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: High Ridge Road and Miner Road DRAWING(S): SEE EXHIBIT '%" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 "C" with notation "Included" 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: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\High Ridge Lots 9-12\USAP 2001\Develop. Order High Ridge PID Use approval.doc Requested City Comrmsslon Meetine Dates [] November 2C, 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR} I Date FinaI Fcmm Must be Turned _ir~ t~ CiW Clerk's Office November 7, 2001 (5:00 p.m. November 21. 2001 (5:00 p.m.~ December 5. 2001 (5:00 p.m.) December 19. 2001 5:00 p.m.) Requested Zity Cormnissmn Meeting Dates [] January 15. 2002 [] February 5, 2002 [] Februa~. 19. 2002 [] March 5, 2002 VI.-CONSENT AGENDA ITEM D.4 Date Einal Foma Must be Turned in to City Clerk's Office January 3. 2002 (5:00 p.m.) lanuar,d 16, 2002 (5:00 p.m. February 6. 2002 (5:00 p.m.~ February 20, 2002 (5:00 p.m NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New BusineSs [] Public Hearing [] Legal [] Bids [] Unfinished Business [-" Armouncement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City Commassinn Agenda under Public Hearing. The Planning and Development Board with an tmammous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 01-266. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRiPTION: V~OOLBRIGHT MEDICAL BUILDING (Freeman) Stevan Utrecht. P.A. Mark Freeman Woolbright Road & 22nd Street Request a (1) one-year time extemion of the site plan approval and concurrency certification originally granted on November 8. 2001 to November 8, 2002. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT/[VES: N/A De~'elop~a~t Depgj[trfient Dh:edt. or Planning and Zon~g Director Ci~ I~lanager's Signature City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~PRO JEC TS\Woolbright Medical Building (Freeman)\SPTE 01-002XAgenda Item Request Wootlmaght Med Blflg (Freeman) S:~BULLETIlXaFORMS~AGENDA ITEM REQUEST FORM.DOC TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 01-266 Chairman and Members Planning and Development-Board Michael W. F~umpf ~"/b.~- Planning and Zonin~L~irector Lus a Galav, AICP~· Pnnc~pai Planne~ December 4, 2001 Woolbright Medical Building (Freeman) SPTE 01-002 NATURE OF REQUEST Steven Utrecht, agent for property owner, Dr. Mark Freeman is requesting a one year time extension, of the site plan approval originally granted on November 8, 2000. The property, zoned C-1, consists of 0.39 acres of vacant property located on the northwest corner of Woolbright Road and SW 22"d Street. f approved, the request would extend the expiration date of this site plan approval, including concurrency certification, ,to November 8, 2002 (see Exhibit "A" - Location Map). BACKGROUND On November 8, 2000, the City Commission granted site plan approval for the Woolbright Medical Building; a 7,270 square foot medical office building. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. On October 11 2000, the Lake Worth Drainage District (LWDD) reversed its opinion regarding the allowable use of the 20-foot wide ,a,r~ea of land located in the rear of the property adjacent to the LWDD Laterai No. 26 canal (See Exhibit B attached). The change adversely impacted the approved site pi~n. On September 18, 2001, the applicant submitted a minor modification request to reconfigure the parking and landscaping on the approved site plan (See Exhibit "C"- Site Plan). Staff approved the minor modification on October 10, 2001. As of this date, no building permits have been applied for. ANALYSIS According to Chapter 2, Sec. 5 of the Land Development Regulations," the applicant shall have one year to secure a building permit from the development department." It states further that the City Commission may extend the approval for one year provided the applicant has filed a request for a time extension pdor to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning and Zoning Division received the application for a site plan time extension. on October 22. 2001, prior to the expiration date. The applicant and his attorney have been in a continuous process to negotiate a settlement with the Lake Worth Drainage District. It is evident that the action taken by the LWDD rescinding their original approval caused a significant delay in, the project's development schedule. This exact same situation occurred with the adjacent Woolbright Professional Plaza (Nguyen) project. On September 4, 2001 the City Commission granted a site plan time extension for that project. Memorandum No 01-266 Woolbright Medical Building (Freeman) SPTE 01-002 Page 2 RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan and concurrency approva be granted wh ch vcould extend project approval to November 8, 2002. Ail cond tions of approval that were [ecluired by. the initiai development order must still be satisfactorily addressed during the building permit process. If additi6nal cond t ons of approval are required by the Board or City Commission for the approval of this request, said conditions will be included on the attached Exhibit "D" - Conditions of Approval. S tPLANNING~S HARED\WFAPROJECTS\WOOLBRIGHT MEDICAL BU LD NG (FREEMAN) SPTE 01-002\SPTE-01-002 STAFF REPORT.DOC ~ $S~Id~DNO0 ~ 0 · --' U.I EXHIBIT"B'' LAKE WORTH DRAINAGE QISTRICT {ames H. Mai'thews, Pr¢$./~rok,~r 6~ ~t ~f~e~e Dr~ B~ Ru~, FIo~ 334~ Re: W~:~ M~k~fe~l O~ce (NE Qu~ of W~lbxi~t ~. & C~ss Ave.) ~e No. NWSP 00~& Sit Pl~ ~roval, CiW of ~ton ~ P~ B~R 30 P=ge 129) LWDD ProJ~ No. 9~773P.01 Mr. 5c~dt: ~is proj~t ia l~a~ on ~e So~ Side of ~e ~s~t's ~ NO. 26 Ca~l. M~Ii~ re~ ~e rt~ed debt. f-way ~ ~ No~ g0 fe~ ~e No~ 60 feet ~ ~is ~ea. L~e Wo~ D~I~ Dig~ct ~ to ~ver~ ~e no obj~fi/~ le~r ~d ~e 9. 2~ w · e [imi[~ of ~ project. ~ D~ict ~s ~ ~cren ~ ~o c~ west a~ ~j~t to ~e west pr~ ~a¢ of ~aid prqiect. ff you ~ve ~y qu~ ~ ¢~. plebe ~ R~ld L. Crone ot ray.If. $i~cemy, LAKF. WORTH DRAINAGE DISTRICT Li~a A. Kr~* ~t~f-Way Te~ C Mic~l W. Rumpf, C~ of B~n Bea~ il. Ii EXHIBIT "C;' Everett H. Jenner, A.I.A. EXHIBIT "C" J ! IIII Conditions of Approval Project name: Woolbright Medical Building File number: SPTE 131-002 Re~rence: Site Plan Time Exte~nsion with a Planning &,Zoning date stamp marking of Oetobe~ 22, 2001 DEPARTMENTS ' ' INCLUDE REJECT PUBLIC WORKS-General Comments ~Non ' X PUBLIC WORKS- Traffic Comments: Nol~e X UTILITI~ES Comments: None X FIRE Commants: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER / ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X onditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be detmmined. S:\Planning\SHARED\WP\PROJECTS\Woolbrkjht Medical Building (Freeman)\SPTE 01-002\Condition of Approval 2 page revised 2001 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Medical Building APPLICANT'S AGENT: Steven Utrecht. P.A. APPLICANT'S ADDRESS: 2295 Corporate Drive Suite 211 Boca Raton, FL. 33431 DATE OF HEARING RATIFICATION BEFORE CITY coMMISSION: January 2 2002 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Wooibdght Road & 22'° Street DRAWING{S): SEE EXHIBIT"D" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda appearing on the Consent Agenda on the date above. The City Commission hereby ad0pt~s the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MA'i-FER 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 "C" with notation "Included". 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: City Clerk S:\Planning~S HARED\WP\PROJECTS\Woolbright Medical Building (Freeman)\SPTE 01-002\Develop. Order Form-2001-Revised.doc Requested CityComrn~s~on Meetin~ Dates . [] November20,200i [] December4,2001 [] December 18,2001 [] January2.2002 VI.-CONSENT AGENDA ITEM E.1, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Fon~a Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.1 December 5. 200t 5:00 p.m.) December I9. 2001 5:00 p.m.) Requested City Commission Meetin~ Dates [] January 15, 2002 February 5, 2002 February 19, 2002 [] March 5.2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m./ January I6, 2002 ~5:00 p.m.) February 6, 2002 '5:00 p.m.) February 20, 2002 (5:00 p.m0 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfiinshed Business [] Aunouncement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the January 2, 2002 City Comm/ssion Agenda under Consent Agenda. The Community Redevelopmant Agency reviewed this request on December 11, 2001 and recommends that the item be farther tabled until its January 8, 2002 meeting. Staffrecommends that this item be tabled to the January 1 2002 City Commission meeting. For further details pertafrfing to this request see attached Department of Development Memorandum No. PZ 01-242. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request for Site Plan approval to construct 19 multifamily town homes, recreation area, and related site improvements on two (21 acres. Further tabling is necessary to allow time for the applicant to 11 resolve the water utility issue involving those adjacent residents serviced by a wei1 located on the subject property; 2) identify on the plan the right-of-way details and ownership status of Bamboo Lane: and 3) to revise the plans to show enhancements to the north, south, and west elevations of the westernmost building to include architectural accents, details, etc. that more closely match elements proposed on the front elevations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~..~ { N/A D eve lol:bm6nt~l~ ephlr~nent DireCtor City Manager's Signature Planning and Z6(iing Director City Attorney / Finance / Human Resources S:~Planning/SHARED\WPXPROJECTSkDAKOTA LOFTShNWSP 01-010kAgcmda Item Request Dakota Lofts NWSP 1-2-02.dot S:kBULLETfN~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Comrmss~on Meefin~ Dates . [] November 2(. 2001 [] December 4. 2001 [] December 18. 2001 [] Januar~ 2. 2002 NATL21E OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII,-PUBLIC HEARING ITEM A. Date Final Form Must be Tumed in to Citw Clerk's Office November 7, 2001 5:00 p.m./ November 21.200I (5:00 p.m.l December 5. 2001 (5:00 p.m.) December 19.2001 (5:00p.m.) Administrative [-- Consent Agenda Publ/c Hearing [] Bids -1 Announcemenl --I City Manager's Report Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office [] January 15. 2002 lanuar> 3, 2002 (5:00 ["- February 5. 2002 lanuary I6, 2002 (5:00 p.m.) [~ February 19, 2002 February 6, 2002 (5:00 p.m. ~ March 5. 2002 February 20, 2002 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Urnfmished Business [] Presentation RECOMMENDATION: Please maintain ti'tis request on the January 2, 2002 City Corarmssion Agenda under Pubhc Hearing. The Commur2ty Redevelopment Agency Board w/th a unanimous vote, recommended that the subject request be approved. The Community Redevelopment Agency recommended that the accompanying site plan be tabled to its January 8, 2002 meeting. Staffrecommends that this item also be tabled to the January 15, 2002 City Commission meeting, to allow for the continued concurrent processing of the site plan, and proposed amendment and rezonmg requests. Tabling of the site plan is recommended to allow additional time for the applicant to 1) resolve the water utility issue involv~nfl those adjacent residents serviced by a well located on the subject property; 2) identify on the plan the right-of-way details and ownershJ_p stares of Bamboo Lane; and 3~ enhance the north, south, and west elevations of the western most building ro include architectural accents, details, em. that more closely match elements proposed on the front elevations. For further details pertaininfl to the request, see attached Department of Development Memorandum No. PZ 01-238. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS (I,UAR 01-006) H. P. Tompkins Chan's Enterprises 3010 S. Federal Highway Request to reclassify the subject property fi.om Local Retail Commercial and Low Density Residential to High Density Residential, and rezone from C-3 Community Commercial and R- 1-AA Single-family Residential to Planned Unit Development (PUD). The appl/cant proposes to develop the property with rdneteen (19) three-story town homes and related site improvements. The site plan (NWSP 01-010] will be adopted as the master plan for the PUD. S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGEND3/ITEM ~QUE ST FORM PROGRAM IkMPACT: FISCAL'EVIPACT: ALTERNATIVES: N/A NtA NtA C~ty Manager s S~gnartzre · Pl~mg anc~6~g D/rector City Attorney Finance / Human Resources S:~BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Comtmsslon MeetSnz Dates [] November20 2001 [] December4.2001 [] December 18, 2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office November 7. 2001 (5:00 p.m.) November 2 L 2001 (5:00 p.m. ~ December 5, 2001 (5:00 p.m./ December 19. 2001 (5:00 p.m.) Requested Cig Comm/ssion Meetine Dates ~ January 15, 2002 [] February 5, 2002 February 19, 2002 [] March 5. 2002 VIII.-PUBLIC HEARING ITEM B. Date Final Form Must be Turned in to City Clerk's Office Jarmary 3, 2002 (5:00 p.m January 16, 2002 (5:0(' p.m.) February 6, 2002 (5:00 p.rc~) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM --I Adm/rdstrafive [] Development Plans --] Consent Agenda [] New Business 5:~ Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [-- Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City comrmssion Agenda under Pubtic Hearing. The Planning and Development Board with a 4 to 3 vote, recommended that the subject request be denied. For further details pertaining to the xequest, see attached Deparmaent of Development Memorandum No. PZ 01-222- EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber Gee & Jenson ICdspy Kreme of South Florida, LLC Between NW 1~ Avenue and Boyntun Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street, opposite the kntarsectiun of Boyntun Beach Boulevard and West Industrial Avenue. Request m amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 du/ac} to Local Retail Commercial and; to rezone from Duplex Residential (R-2) to Neighborhood Cotmnercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' ~I~evelo~rd~nt ~[partment Director Planning and Zonth~'Director City Attorney/Finance / Human Resources s :~P lanning~SHAR~ D\W P~PRO JECTS~mspy kreme~LUARXAgenda Item RequestKrispy Kreme LUAR 1-24)2.dot City Manager's Signature s :~B ULLET1NXFORM S~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-222 TO: FROM: THROUGH: Chairman and Members Ptaiming and Development B~ Dick Hudson, Senior Planner/~ Michael W. Rumpf ~'~ Director of Plarming and Zgning DATE: December 10, 2001 Project, Applicant: PROJECT DESCRIPTION Krispy Kreme of South Florida, LLC Agent: Scott Barber / Gee & Jenson, Inc. Owner(s): Salvador and Norma Sentmanar, Anthony Mannino, August Vultaggio, Giuseppe Vultaggio and Pietra LoPiccolo Location: Four parcels all being south of Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7t~ Street). Having mailing addresses of 633 NW 1~ Avenue, 3015 S. Ocean Boulevard - Apartment H, 1501 NW 2na Avenue and 3015 S. Ocean Boulevard- No. 404. West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exltibit A) File No: Land Use AmendmentfRezonIng (LUAR 01~008) Property Description: Vacant property consisting of 0.36 acres classified Medium Density Residential ,(MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed properw, containing one duplex residential building and classified Medium Density Residential and zoned Duplex Residential (R- 2). Total p~operty to be*reclassified and rezoned equals 0.62 acres. Proposed change/use: To reclassify the subject property from Medium Density Residential to Local Retail Commercial (LRC), and rezone from Duplex Residential (R- 2) to Neighborhood CommemiaI (C-2). The subject property will be combined with a 0.42 acre vacant parcel to the west, which is currently classified Local Retail Commercial (LRC) and zoned Neighborhood Commercial (C-2), to assemble a -+1,04 acre site to be developed as a fast food restaurant with a drive through feature. Page 2 File Number: LUAR 01-008 Krispy Kreme Doughnuts Adjacent Land Uses and Zoning: North: Right-of-way of West Boynton Beach Boulevard (SR. 804), then property classified Local Retail Commercial (LRC), zoned Neighborbooc[ Commercial (C-2)~ and deyeloped with a service station (Texaco) to the northwest; to the northeast the intersection, of Boynton Beach Boulevard and West Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (M-Il (the locations of Lloyds Auto Electric and Foster Oil). South: Right-of-way ofNW 1s* Avenue. then property classified Low Densi .ty Residential, zoned Single family Residential (R-l-A) and developed with single family homes. East: Property classified Medium Density Residential (MeDR), zoned Duplex Resident/al (R-2) and developed with duplex (two family) homes. West: Vacant property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and under ownership of the applicant. Farther west is developed property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Flor/da Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. This amendment request presents a umque situation. The property is being assembled from property owned by six individuals. The we. stem property consists of vacant land totaling -+0.78 acre and is bisected from north to south into two land use classifications and two zoning districts. The western portion of approximately +0.42 acre is classified Local Retail Commermai (LRC) and zoned Neighborhood Commercial (C-2). The eastcn-n portion equals approximately 0.36 acre, is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is a subject of this request. The _+0.26 acre parcel to the east is currently under separate ownership (Salvador and Norma Sentmanat) and is also a subject of this request. It is classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and is ocenpied by a duplex (two family) structure (See Exhibit "B"). ]?he criteria used to review Comprehensive Plan amendments and rezonings are hsted in Article 2, Section 9, ~Adrninistration 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 approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts which would have to be imposed on subsequent development ofthe property, in order to comply with policies contained in the comprehensive plan. According to the Comprehensive Plan Futrme Lgnd-Use Suppo~ Document, :under the "Discussion of S~pply'~nd De~d fo~ Colmn~r~iaI Land'~ ~e folt6wLng iS reco~n~e~t: "The Furore Land Use Plan which is proposed for the City and area to be annexed by the City will accommodate~all of~e~ ~anticipgt{d demand for commercial lar~d through build- out. Therefore, the City ~houldinot change the land use to commercial categoric% beyond that which is shown ,on~ ~e.p!~l~qse0:Fu~ik~ L~an~ Use Plan, :~cept for mino~ boundary adjustments, srn~ll~ infi~l: igarcet~, or~9o..m~. ~i-¢j~ u~es-0? a.h~glily special:izod natm:e, whmh haste sp¢.cial location o/sS_t~ req~nfi~e~. ~efi~,~and ~fo~e'catmof, be easily accommodated on already de~ghatec[ eommemia[ tlrea~? . Tiffs direction is repeated in Policy 1.19.6 of the LandUse Element. "The City shall not allow commerciali aqreage which is greater than the demand which has been projected, unless~ can be demor~s~ate4 tha~ the add~tmnal commermal acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion.of commerciat'~q~age on:the Palm Beach County Future Land Use Map. The City shall not allow ¢0~m~e~clal !unless a particular property is unsuitable for other uses, or a geographic need, exist~ '~ch carmot be fulfilled by existing commercially- zoned properly, and the c,0mm~rcta~l ~se' would comply with all other applicable cOmPrehensive plan policies." ~ r The subject property is not located within the,)~can~ evacuation zone. Rather than increase residential densities, the requested amendment ~ill reduce the total number of existing housing stock by two units. The request will add a total of +_27,000 square feet to the existing commercial node that exists on both sides of Boynton Beach Boulevard in this area and may be viewed as a minor boundary adjustment. It is not [ikely that any beneficial' commercial development could occur on the +_I8,000 square foot portion of the property currently designated for commercial development while simultaneously providing adequate screening and buffeting for the adjacent neighborhood. According to the applicant, the resulting commercially-designated parcel will add the necessary property to allow for greater circulation efficiency. Whether the proposed rezoning wouM be contrary to the established land use pattern. or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of speciai privilege ~o an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated distract, but would represent a minor enlargement of an existing commercial node. It would relate to the adjacent lands to the west. ~vhich are under the same ownership and to property both farther west and across Bo.,mton Beach Boulevard that are already developed for Local Retail Commercial uses. The requirements for buffer walls between residential and commercial distficts~ coupled with the city's landscaping (e.g. barrier) reqmrements, ensure that impacts of commercial developments on residential developments are ameliorated. Page 4 File Number: LUAR 01-008 Krispy Kreme Doughnuts c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The parcels, which are the subject of this land use amendment, total 0.62 acre. Only applicauons involving parcels larger than One (1) acre are required to include comparisons of water demand and sewage flow estimates. The Palm Beach County Traffic Division has reviewed the traffic study for the entire project and has determined that it meets the Traffic Performance Standards. of Palm Beach County. The Traffic Division Engineer recommended that the City "review traffic operations at the project access driveway, with emphasis on left-tums in and out of the site. The forecasted peak hour volumes indicate the need for provision ora westbound left-turn land on Boynton Beach Boulevard onto the site. Also, adequate safety measures Should be considered to accommodate left-tums out oftbe project site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated January 6, 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, at which time compliance with all requzrements of the city and local drainage permitting authorities must be demonstrated. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the properry values of adjacent or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacent properties to both the north and the west. The buffeting and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen any negative effects the commercial development would have on the existing residential development. f Whether the property is physically and economically developable under the existing zomng. As stated above, it is doubtful that any beneficial commercial development could occur on the +18,000 square foot portion of the property, currently designated for commercial development without leaving minimal land available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential development. The eastem*most parcel is currently developed with a duplex dwelling. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Page 5 File Number: LUAR 01-008 Krispy Kreme Doughnuts The subject rezoning and subsequent use of the property would represent a positive contribution ro the commercial corridor of Boynton Beach Boulevard. Whether there are adequate Mtes eJsewh~re in the ci(y for the proposed use. in districts v~here Such use is already allowed, There are a number of sites elsewhere in the ciE/where the development of the proposed use would not necessitate a land use amendment and rezoffing. Thqse location5 may not afford the proximity tea state road (Boynton t3each Boulevard-SRS04)'or an:interstate highway (1-95) that this location provides. · create additional Plan; development of the City. the compatibility with adjacent uses plardconditional use review~ If th{ recommends conditions, theywill be included ATTACHMENTS of site noi with LOCATION MAP EXHIBIT "A" 4O0 0 400 800 '1200 Feet PROPERTY MAP - EXHIBIT "B" · ~40T T'O; R-eque~ted Cit~ CorCarasslon Meeting Dates [] November 2( 2001 [] December 4. 200 ! [] December I8, 2001 [] January 2. 2002 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Finat Form Must be Turned Requested City ComraJssion ia to City Clerk's Office Meeting Dates November 7. 2001 5:00 p.m.) [] January 15. 2002 November 21,200l (5:00 p.m. ~ ~ February 5. 2002 December 5. 2001 5:00 p.m.) [~ February 19, 2002 December 19. 200I (5:0C p.m. [] March 5, 2002 Date Final Eorm Must be Turned into Ci~, Clerk's Office lanuary 3. 2002 (5: ~ p.m.y lanuary 16, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m. ~ February 20, 2002 (5:00 p.m.) NATIYRE OF AGENDA ITEM [] Administrative [] Development Plans ['~ Consent Agenda [] New Business ~fi~ Publ/c Hearing [] Legal [] Bids [] Unfinished Business [-- Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the Jaralary 2, 2002 City Com/xfissi0n Xgenda under Public Hearing. The Planning and Development Board with a 4 to 3 vote, recommended that the subject request be denied. For fxu-ther details p~rtairfing to the request, see attached Department of Development Memorandum No. PZ 01-263. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & Jenson Krispy Kreme of ~3outh Florida, LLC Between NW 1~[ Avenue and Boynton Beach Boulevard [SR804] approx/mately 1,500 feet east ofNW 7~ Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue. Request Conditional Use/Site Plan approval for a 4,680 square foot fast food restaurant with drive-through feature PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALT~RNATIVES:f~, ~, N/A j~t~4,~(~ '~- D~elbp~an~ Dep~e kector Ci~ager's Si~ Plmng ~d ~g Dkector Ci~ A~omey F~ce / nm Reso~ces S:~lanning~DS~ROJECTS~spy ~XCOUS~genda Item ~ques~spy ~eme COUS 1-2-02.dot S 5BULLETIN~O RMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01- 263 TO: Chairman and Members Planning and Development Board FROM: Lusia Galav, AICP Principal Planner DATE: November 29, 2001 SUBJECT: ~spy?reme - COUS 01-005 ConditiOnal Use ApprOval ~ Restaurant with drive-through facility PROPOSAL SUMMARY Krispy Kreme of South Florida, LLC is seeking conditional use / site plan approval for a restaurant with a drive-through facility. This conditional use proposal will also require a land use / zoning change. The project intent is to raze an existing residential duplex building located on a 0.26 acre lot and to combine this residential property with a 0.78-acre, commercially zoned property in order to construct a 4,680 square-foot restaurant on 1.04 total acres. This conditional use and site plan application is being reviewed concurrently with its land use amendment andrezouing request (LUAR 01-008). A restaurant, a permitted use in the C-2 zoning 4istrict, Will front on Boynton Beach Boulevard. Entrances will be lo~ated on the front (nOrth elevatiofi).and side (east e, levation) building facades. The applicant is also seeking conditional use approval to allow for a drive-through facility to be located to the rear (south elevation) of the building. The drive-through lane will commence, facing southward on the west side of the building. It will then wrap around the building turning eastward to the rear of the building in order to allow- for adequate vehicular stacking in the ddve-~hrough lane, The drive-through window will face south. Applicant/Agenu Krispy Kreme of South Florida, LLC / Scott Barber of Gee & Jenson, Project name: Krispy Kreme General description: 4,680 square-foot restaurant with drive-through facility Property size: 45,470 square feet (1.04 acres) Current Land use: Medium Density Residential (MeDR) and Local Retail Commercial (LRC) Current Zoning: Duplex Residential (R-2) and Neighborhood Commercial (C-2) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Neighborhood Commercial (C-2) Kdspy Kreme - COUS 01-005 Page 2 Memorandum No. PZ 01 - 263 Location: Northwest 1s~ Avenue ~between NNV 1s~ Avenue and Boynton Beach Boulevard (SR804) east of NW 7 Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. (See Exhibit "A" - Location Map) Total Building area: 4,680 square feet (See Exhibit "B" - Proposed Site Plan) Surrounding land uses/zoning: North - Right:of-way of West Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C~2), and developed with a service station (Texaco) to the northwest; to the northeast the intersection of Boynton Beach Boulevard and West Industrial Avenue and farther east, right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (iV[-1) (the locations of Lloyds Auto Electric and Foster Oil). East - Property classified Medium Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two-family) homes. South Right-of-way ofNW 1s~ Avenue, then property classified Low Density Residential, zoned Single family Residential (R-l-A) and developed with single family homes; and West - Developed property classified Local Retail Commercial (LRC), Zoned Neighborhood Commercial (C-2) and occupied by a dental/medical office building. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section l l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the applicafiun as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or ~conditiuned upon the conditions including, but, not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surr~)unding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an appliqatinn for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certify/ng that satisfactory provisions have been made concerning the following standards, ~vhere applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Krispy Kreme - COUS 0%005 Page 3 Memorandum No. PZ 01 - 263 The subject pr~perty has one point of ingress / egress. This point will be located off of Boynron Beach Boulevard and wilt directly align with West Industrial Avenue. No emrance or exit is proposed along morthN, Weest 1s~ Avenue. No cross access is _proposed_ with the pro, perty to the west. The entrance to the subject property is proposed to be a 15-foot wide opening. A landscaped tnedian fivd- (5)feet wide will separate the entrance and exit lanes. When vehicles enter the subject property from Boynron Beach Boulevard, the landscaped rnedian separates the entrance /exit lan~ and also functtons as a traffic control device, guiding vehicles onto the' property in a westward direction. All landscape material in this landscaped median will be either tall or short enough to preserve the visibility and safe-sight requirements. The exit will consist of two (2) lanes, each J1 feet wide They will provide the driver with. ~,her a left~straight or a rightrturr~ out exit option. Prior to the issuance of a City building permit, thts prdj~ct r~us~ ;btain Pal~n Beakh C;uhty T~'af/~cDiviSi on approval with ;ega~id to a westbouna Boynton b~each~ BiYulevard Iefi-tui'n:lane onto the subject properly (see Exhibit "C" - Condia'ons of Approval), The on-xite ~traffic circulation system for this parcel consdsts ora one- (1~ way drive aisle that surrounds die entire building, The width of this one (O-way drive aisle fiuctuates between 14 4feet and 27 feet. This (one-way) method q£ circulation was deemed to be the most efficient and trouble-free for servtee/ emergency vehicles and patrons q£ the restaurant. A sidewalk, with its respective markings, connects the public right,of-way with the front of the restaurant. For added convenience, an opening in the masonry wall located along the rear of the property is proposed ro allow Jbr residents of the adjacem residential neighborhood to access the subject site without excessive driving or trespassing on adjoining properties. This opening is proposed for the benefit of the adjacent residents but could be effminated if opposed by the residents, the Board. or the Commission. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the econonfic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The required parking has been tabulated based on a restaurant use. The ratio used is one (1) space for each 100 square feet of gross floor area. The total number of parla'ng spaces required is 47 spaces. The site plan will provide 53 parking spaces, of which, three (3) spaces are designated for handicap use. The handicap spaces will be situated in the most appropriate on-site location, closest to the building's front entrance. The parking lot to the south and east sides of the proposed building will be screened from the adjacent residential properties by a masonry wall six (6)feet in height. No parking is proposed west of the building. That area is designated for loading areas, a drive-through lane. and the drive aisle. No loading area abuts or can be seen from residentially-zoned property. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The dumpster enclosure will be located at the southwest corner of the site. It is located in an area that is unobtrusive to pedestrian and vehicular traffic and is unnoticeable from Boymon Beach Boulevard, Northwest 1~ Avenue, or residentially-zoned property. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer will be in place vta construction ar the time of permitting. Krispy Kreme ~ COUS 01-005 Page 4 Memorandum No. PZ 01 - 263 Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 8.280 square feet or 18%o of the total site. Much of the perimeter of the site is constrained with overhead power lines. Most tall growing .oalm and shade trees would conflict with the guidelines q£ Florida Power & Light's ~'Right Tree, Right Place" p[tblication. However, in an attempt to buffer the subject commercial property from the adjacent residential properties, the landscape plan proposes seven (7) Ironwood shade trees spaced every 20 ,feet along the east property line. Eleven (JJJ Cassia shade trees are spaced every 25feet along the southern property line. Chapter 7.5 of the Land Development Code only requires one (1) tree spaced every 30feet along these p~'operty lines. The aforementioned trees are placed in such a way as to create a continuous upper level canopy, serving as a formidable uninterrupted buffer along the east and south property lines. Also, a masonry wall six (6) feet in height with stucco on both sides is prgposed along the east and south property lines. This wall will serve as a lower level buffer to the residential neighborhood. In addition, Spanish Stopper hedges will be placed outside the masonry wall facing the perimeter properties, which will further enhance the appearance of the wall Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use application proposes several wall signs on the side (easO and front [west? facades. The restaurant's total allowable wall signage area (156 square feet) is based upon the following ratio: l-~ square feet of sign area for every linear foot of building frontage on Boynton Beach Boulevard. The plan proposes to have a 41.5 square-foot internally lit wall sign centered on the east elevation. The east elevation faces residentially-zoned property. The 15 square-foot "Hot Now" neon sign originally was proposed near the top of the east elevation, above the awning similar to the front facade. However, in deference to staff's request Krispy Kreme has agreed to relocate the "Hot Now" sign to the lower window area on the east elevation. Staff determined that a neon stgn placed above the awning on the east elevation might have caused excessive glare onto the adjacent property. The "Hot Now" sign is now proposed tn one of the windows on a lowerportion of the east elevation. Its placement allows it to be visible from Boynton Beach Boulevard but not visible from the netF, hboring property to the east. The front fafade contains a 41.5 square-foot internally lit wall stgn and two (2) "Hot Now" signs. Originally, Krispy Kreme had proposed neon banding to be located just under the top pilaster on the front and side fafades. However, the neon banding has since been eliminated from the design due to staff's recommendation against this type of lighting. The monument sign will stand eight (8) feet high overall and contain an internally lit cabinet sign with the site address and neon lit "Hot Now" sign located below. The required site lighting for the parking areas will meet or exceed development standards and will not cause excessive glare onto adjacent properties. The photometric plan will be reviewed at the time of permitting. 7. Required setbacks and other open spaces. The proposed building and drive-through lane meets all setback requirements of the C-2 zoning district. The building will be situated in the center of the newly created parcel. 8. General compatibility with ad? acent property and other property in the zoning district. <rispy Kreme - COUS 01-005 Page 5 Memorandum No. PZ 01 - 263 In general, the'proposed use is compatible with the existing commercial uses to the west of the subject property. The plan incorporates shade trees ~ masonry wall, and shrubs to serve as a functional buffer between the subject properiy and the adjacent residential neighborhood. Chapter 9 of the Land Development Regulations (Community Design)indicates that when a distinct development or architectural pattern exists within a surroun&'ng two-block area, consistency with that pattern shall t~e required. The established character,of ?he built projects within a two ~lock.area (south side of Boynton. Beach Boulevard) generally represent 'the Spanish/Mediterranean style. The proposed plans incorporate barrel~S-tile roof material and faux arches. However, bells or other type of towers and covered walkway& which are also representative of the Spanish/Mediterranean s~yle, are strongly encouraged into the design. There will be minimal on-site .impact and no adverse effects will occur from the proposed restaurant use. The site plan provzdes adequate bufferzng and zhe drive through wz!l have little or no impact o thc adjacent properties or to the surrounding -area. It shouid be noted that the majority of the subject property is currently zoned for theproposed use. Land assemblage will allow for a larger project but also for better site destgn and greater landscape buffers for the adjacent residential properties. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The proposed building is designed as a one-story structure. The proposed building height is compatible in comparison with the neighboring properties. However, the maximum allowable height for the R-2 zoning district and C-2 zomng district is 25 feet. The top of the pitched roof for the proposed restaurant is 26feet 6 inches. The current definition Ri'building height in the City's Land Development Regulations is in the process of being amended to include "mean heights'; which in this case would allow for the proposed height as illustrated in this manner. However, by the current definition the applicant is required to either reduce the height of the roof by l foot 6 inches to comply with the current language in the code or to request and receive.approval for a height exception (see Exhibit "C" - Conditions of ApproveO. Stuff would recommend approval if the latter option were the preferred choice of the applicant. The proposed roof desigu is a product of staff's recommendation to improve compatibility with the design of the existing commercial buildings to the west. The applicant willingly made design ~mprovements that resulted in a small portion of the roof to exceed the maximum allowed height of the zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed use will constitute additional convenience and choice for the City residents. This Krispy Kreme store will be the first of such s~ores in the City and only one of a few stores in South Florida. Its frontage on a major arterial t~Boynton Beach Boulevard) and close proximity to Interstate 95 make the proposed restaurant an appropriate use for this site. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). Kdspy Kreme - COUS 01-005 Page 6 Memorandum No. PZ 01 - 263 With incorporation of staff comments, the proposed prqiect will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatc~aent of nuisances and hazards m accordance with the performance standards within Section 4.N. of the Land Development RegUlations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed restaurant with drive-through facility wouM operate in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. Also. staff recommends that the audio component of the menu board.for the drive through facility project sound to the west as to not create a disturbance to the residential neighborhood to 'the eas~ and south [see Exhibit "C" - Conditions of Approval). In conclusion, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies in order for a certificate of occupancy to be issued. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C". LG/elj Location Map KRISPY KREME EXHIBIT "A" 400 0 400 800 1200 Feet X LU KRISPY KREME KRISPY ~EME OF SOUTH FLORIDA, LLC BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA LOCATION MAP CONDITIONAL USE NEW SITE PLAN INDEX OF.p_RA___W~__GS~ __ s~VE_Y_ SITE PLAN GEE & JENSON X iCX A91~,~ ~A jL LU GEE & JENSON I X LE(~F-ND BOYNTON BEAGH BOULEVARD (B.R. 804) GEE & JENSON L1 I GEE & JEN~ L2 LU FLOOR PLAhl NOTES: FAST FOOD RESTAUF~NT WITH DRIVE THROUGH FLOOR PLAN I X LW ELEVAT'~ON #1 (EAST') ELEVATZON #z (NOR314) X LU EL~¥AT~ON #4 (WEST) I I I I I I_J I I I I I I t I I I~1 ILI I I I I I I1,1 I I I I I I I I I I I I I J I I I I I I I ELEVATION #31~5OUTH) X III z_-z_-I_-z z_-- x_-_~_-zzzz~z---I .... GEE & JENSON ~,,,~. BOYNT~ B GEE & JENSON ~2 X LU BOYNTON BEACH GEE & JENSON I/ BOYNTON BEACH BOULEVARD (B.R. 804) I GEE & JENSON X Ill BOYNTON BEACH BOULEVARD (S.R. 804) I GEE & JENSON Conditions of Approval Project name: Krispy Kreme File number: COUS 01-005 Reference: 2nd Review plans identified as COUS 01-005 with a November 5,2001 Planning & Zomng stamp marking. DEPARTMENTS, INCLUDE REJECT PUBLIC WOKS- General X Comments: None PUBLIC WORKS- Traffic Comments: None X UTI~LIT1ES Comments 1. Fire flow calculation will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in LDR Chapter 6, gmicle IV Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Section 26-16(a)). 2. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X project either upon the request for the Department's signature on the Health Department apphcation forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. FIRE Comments: 3. A fire hydrant flow test is required prior to construction (City Ord. 9-3F). X 4. Fire hydrants shall be no more that 300 feet apart and the remotest part of any X structure shall be no more that 200 feet fi:om a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requ/rements a fire flow of 1500 g.p.m, at a residual pressure of not less that 20 p.s.i, is required (LDR Chapter 6, Section 16). POLICE Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 5. Sidewalks adjacent to parking lots shall be continuous through ail driveways X and shall be 6 inches thick within driveways (LDR, Chapter 23, Article Section P). 6. Provide an irrigation plan in conformance with the LDK Chapter 7.5, Article X II, Section 5. BUILDING DMSION Comments: 7. At time of permit review, provide a completed and executed City Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be subm/tted to process the form. The property owner that is identified on each deed shall match. 8. At the time of permit review, submit signed and sealed working drawings of X the proposed construction. 9. To properly determine the impact fees that will be assessed for the project, X identify on the site plan if the restaurant is a high quality, eat-in high mm over, or fast food with drive-through type of restaurant. Also, identify on the site plan the number of new seats and the total number of seats provided. On the floor plan, chronologically number all seats including those seats that are around the bar. 10. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 11. Submit detailed irrigation plans for fight-of-way landscape and sitework X improvements during the construction document permitting stage, for review and approval by thc Parks Department staff. Include on the plan location of any existing irrigation in the right-of- way. FOP_ESTER/ENVIRONMENTALIST Comments: DEPARTMENTS INCLUDE REJECT 12. The applicant must provide a tree tabulation indicating the quantity of X desirable existing trees which will be preserved relocated or removed / replaced on the site. This tree tabulation should be correlated and the trees shown or~ page L-1. PLANNING AND ZONING Comments: 13. The site plan must identify the correct Furore Land Use designations as X defined by the City's Comprehensive Plan for the ~djacent pr?pertie~. 14. Staffrecommends that the audio component of the menu board related tq the X. drive through faeihty projec~ sound~ tot h? we~st a~ to not creme a potential disturbance to the';esi~entiai'neigl~bo~'h~od. ' 15. The maximum building height in the C-2 zoning district is 25 feet. The top X of the roof of the tower is 26 feet 6 inches. Either reduce the top of the tower by one and one-half (1 ½) feet or request a height exception pursuant to Chapt~ 2, Section 4.H. 16. Include a color rendering of all elevations prior to the Planning & X Development Board meeting (Chapt~ 4, Section 7.D.2.:). 17. Submit a color sample / swatch of all major exterior finishes. Each sample X and / or elevatmn shall include the rrmnufacturer s nam and color code (Chapter 4, Section 7.D. 1.). 18. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, shall be visually screened with appropriate landscaping / hedge material (Chapter 9, Section 10.C.4.). The backfl0w preventer shall be painted to match the principle structure. 19. The dumpster enclosure and masomy wall shall resemble with respect to the X color and materials the design of the principal building. Include a wall detail to confirm similar architectural elements and integration with other site clements (Chapter 9, Section 10.E.3.). 20. The Palm Beach County Traffic Division suggested that the City review X traffic operations at the project access dr/veway, with emphasis on left-tums in and out of the site because the forecasted peak hour volumes indicate the need for provision of a westbound left-turn lane on Boynton Beach Boulevard onto the site. Prior to the issuance of a City building p~rmit, this project must obtain Palm Beach County Traffic Division approval with regard to the westbound left-mm lane onto the subject propcrt,/. ADDITIONAL PLANN1NG AND DEVELOPMENT BOARD CONDiTIONS 21. None X Conditions of Approval DEPARTMENTS ADDITIONAL CITY COMMISSION CONDITIONS Comments: 22. re be determined. INCLUDE REJECT \\CH~MA~N\SHRDATA\Planning\SHARED\WP\PROJECTS\kdspy kreme\COUS\Cond[tion of Aet~roval 2 page revised 200'i form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOI~IDA PROJECT NAME: Krispy Kreme APPLICANT'S AGENT: Scott Barber of Gee & Jenson APPLICANT'S ADDRESS: 4225 Genesee Street Buffalo. New York 14225 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2. 2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan LOCATION OF PROPERTY: Northwest 1s' Avenue (between NW 1st Avenue and Boynton Beach Boulevard (SR804) east of: N'W 7th Street). West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject property. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commiss on of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board. which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paregraph 3 hereof. DENIED This Order shall take effect mmediately upon issuance by the City Clerk. Ali further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk \\C~AII~SHRDATA\Planning\SHARED\WP\PROJECTS~dspy kreme\COUS~DO.doc Requested Cit~ Commission Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18. 2001 [] January 2. 2002 VIII.-PU BLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIv Requested Cigz Commission Meeting Dates ~ January 15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) November 21. 2001 (5:00p.m.) December 5. 2001 (5:00 p.n~) December 19, 2001 5:00 p.m.) Date Final Form Must be Turned in to Citw Cleric's Office January 3, 2002 (5:00 p.m. January 16. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.i February 20, 2002 (5:00 p.m~) NATURE OF AGENDA ITEM [] Admimsizative [-- Development Plans [] Consent Agenda --1 New Bus/ness [] Public Hearing --] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repor~ RECOMMENDATION: Please place this request on the January 2, 2002 City Commission Agenda under Public Hearing. The planmug and Development Board with an unammons vote, recommended that the subject request be approved, subject to staff conditions, w~th the modification to condition #9 to further limit sign he/ght, and the addition of s new condition requmng additional foundation landscaping. For further details pertaining to the request, see attached Deparunent of Development Memorandum PZ 01-268. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MOBIL WOOLBRIGHT & CONGRESS Anna Cottrell Mob//Oil Corporation 2605 W. Woolbright Road Request for Conditional Use/Site Plan approval for a gasoline dispensing establishment with accessory car wash facility. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature · Ibevelo~ment l~epartrnent Director planmng and Zdaiing Director City Attorney / Finance / Human Resources S:kplanning~S HARED\WPkP RO JECTSWIobil Woolb~ight & Congress 2001XAgenda Item Request Mobil Woolbright. Congress 1-2-02.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01- 268 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Lusia Galav, AICP Principal Planner December 5, 200t Mobil - COUS 01-006 Conditional Use Approval - Gasoline Dispensing Establishment (Gas Station) PROPOSA[ SUMMARY Mobil Oil Corporation is seeking conditional use ~ site plan approval for a gasoline dispensing establishment with 12 fueling positions and an accessory mechanical car-wash. The project intent is to raze the existing 2,415 square-foot gas / service station and 4 pump islands (8 fueling positions) in order to replace it with a 2,800 square-foot gasoline dispensing establishment with six pump islands (12 fueling positions) and a 648 square-foot car-wash on 0.879 acres. Both the store entrance and the car-wash exit will face south on Congress Avenue. Applicant/Agem: Mobil Oil Corporation / Anna S. Cotrrell Project name: Mobil Woolbright & Congress General description: 2,800 square-foot gasoline dispensing establishment with accessory carwash facility Property size: 38,303 square feet (0.879 acre) Current Land use: General Commercial (GC) Current Zoning: Community Commercial (C-3) Location: 2605 Woolbright Road Total Building area: 3,448 square feet (See Exhibit "B" - Proposed Site Plan) Surrounding land uses/zoning: North - Lake Worth Drainage District Canal No. 26, and farther north is property classified Office Commemial (OC), zoned Office Professional (C-I), and developed with an Adult Congregate Living Facility (Brighton Gardens by Marriott); Mobil - COUS 01-006 Page 2 Memorandum No. PZ 01 - 268 East - Rig~at-of-way of Congress Avenue, and farther east is property classified Office Commercial (OC), zoned Office Professional (C-i)and developed with a bank (Fidelity Federal); South - Right-of-way of Woolbright Road, and farther south is property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3~ and occupied by an office building; and West - Developed property classified Local Retail Commercial (LRC), zoned Community Commercial (C-3). STANDAPJDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section l l.2.D of the Land Development Regulations contains the following standards to which conditional .uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certify/ng that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property will have two points of ingress / egress. These entranceways will be located off of Woolbright Road and Congress Avenue. No cross access is proposed between the subject property and the properties to the west or north. Currently, two (2) driveways exist along Woolbright Road. The westernmost driveway on Woolbright Road will be eliminated. The other driveway, located 64.62 feet from the intersection of Woolbright Road and Congress Avenue will remain. Pursuant w the standards of the current code, no gas station driveways shall be located closer than ilO feet from the intersecting right-of-way lines of public streets (Chapter 2, Section l l.L. 3. dj. However. on August 26, 1997. the City Commission approved Variance Case No. 236 to allow a 46-foot reduction in this l l O-foot requzrement. As proposed on the site plan, the driveway will be shifted to the west by nearly lO feet, which will not have an adverse effect on the variance. This variance wouM have become null and void if the location of the proposed driveway surpasses the relief that was granted in 1997. The proposed driveway along Woolbright Raod will be 35.33feet in width and will allow for a right-turn out exit. The proposed driveway along Congress Avenue will comply with the current standards. This driveway too. allows for only a right-turn out exit only and is 38.56feet in width Mobil - COUS 01-006 Page 3 Memorandum No. PZ 01 - 268 Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the econoxmc, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The required parking has been tabulated based or~ a gasoline dispensmg establishment use. The ratio used is one (1) space.for each 250 square feet of the convenience store's gross floor area. The total number of parking spaces requ&ed is 12 spaces. The existingparking lot will be restriped, in parr, to accommodate the new car-wash facility. The site plan will provide J 2 parking spaces, of which, one (1) space is designated, ,for handicap use. The parking lot to the east and south sides Of the proposed building will be screened from the adjacent pgblic rights-of-way by landscape material that is required by code. ~Vo parking is proposed west .or north of the builddng. No loading areas are proposed. 3. Refuse and service areas, with particular reference to the items in subsection I and 2 above. The dumpster enclosure will be relocated so that it is nestled between the north edge of the building and the car-wash building. It is located in an area that is unobtrusive to pedestrian and vehicular traffic and is unnoticeable from the adjacenr properties to the north and east, or.from the Woolbright Road right-of-way. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are or will be in place via construction at the time of permitting. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The subject site is surrounded by commercially-zoned property on the west and north sides and is also situated on the corner of two major roads. The propased pervwus or "green" area is 10,952 square feet or 28.6% of the total site. The landscape plan proposes JO-foot wide landscape buffers along all per, meters of the property. Seven (7) Live Oak shade trees will be spaced every 25 Feet along the north property line. Mahogany and Dahoon Holly shade trees will be placed along the west and south property lines. Each entrance will have a cluster of Sabal Palm trees and two (2) signature trees (Purple Glory trees). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The required site lighting for the parking areas will meet or exceed development standards and will not cause excessive glare onto adjacent properties. The canopy light bulbs will be recessed and will not be visible from the sides t'see Exhibit "C" - Conditions of ApprovaO. The photometric plan will be reviewed at the time of permitting. This conditional use application is proposing several wall signs to be located on the.front (east side) of the building, front (east sided of the car-wash, and on one (1) side of the canopy (either east or south sidesd. The applicant is in the process of determining which side of the canopy will get the most exposure to passing motorists~ therefore, one (1) "Mobil" sign Mobil - COUS 01-006 Page 4 Memorandum No. PZ 01 - 268 ~, ~'~,., ,,,~ , ~ ~ ,.~ will be placed in either of the two (2) locations. The gasoline c~spensing establishment's total allowable wall signage area ?J 16 square feeO is based upon the following ratio: 1-~ square feet of sigu area for every linear foot of building frontage on Congress Avenue. The plan proposes w have a 72 square-foot internally lit wall sign. centered on the east elevation. As mentioned above, a 13.35 square-foot internally lit "Mobil" sign is proposed on either the east or south sides of the canopy. A 15.5 square-foot internally lit "Touch. free Car Wash" stgn will be centered on the car-wash exit facing Congress Avenue. The existing pole sign located at the southeast corner of the property will be removed and replaced with a monument sign. This monument stgn will be a maximum of J2 feet in height and contain an internally lit cabinet sign ?see Exhibit "C" - Conditions of ApprovaO. The proposed cabinet szgn from within the monument is dimensioned 5feet tall by lO feet wide for a total of SO square feet in area. 7. Required setbacks and other open spaces. The proposed building, canopy, and mechanical car-wash building meet all setback requirements of the C-3 zoning district and supplemental regulations pertaining to gasoline dispensing establishmems. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the existing adjacent commercial uses. Chapter 9 of the Land Development Regulations ?Community Design) indicates that when a distinct development or architectural pattern extsts within a surrounding two-block area, consistency with that pattern shall be required. The established character of the built projects within a two block area (north and east of Congress Avenue,) generally represent the Spanish/Mediterranean style. The existing Amoco Station to the southeast of the subject property has attractive barrel~S-tile roof material as well as the Fidelity Federal Bank to the east. The proposed elevations for the Mobil Station incorporate barrel~S-tile roof material onto the proposed building, car-wash, and canopy. The existing gas station currently contains an accessory auto service shop. This conditional use proposal eliminates the auto service use and replaces it with a convenience store, typical of the changing market demands. There will be minimal on-site impact and no adverse effect, will occur from the proposed use. The site plan, as proposed from its current condition, is an upgrade and will have little or no impact on the adjacent properties or on the surrounding area. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The proposed building is designed as a one-story structure and complies with the height regulations of the C-3 zoning district. The proposed building height is compatible in comparison with the neighboring properties. t0. Economic effects on adj acem and nearby properties, and the city as a whole. The proposed use will constitute additional convenience and choice for City residents. Its frontage on two major arterials FWoolbright and Congress Avenue; makes it an appropriate use for this site. Mobil - COUS 01-006 Page 5 Memorandum No. PZ 01 - 268 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part IH Chapter 4 Site Plan Review). With incorpordtion of staff comments, the proposed project will complk with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4;N~ of the Land Development Regulations, Chapter 2; also; conformance to the City of Boynton Beach Noise-Control Ordinance. With incorporation o fall conditions and staff recommendations contained herein, the gasoline dispensing establishment with car-wash facility would operate in a manner that ~s in compliance with the above- refer~enced codes and ordinances of the City of Bo, Y,,nton Beach. In conclusion, the applicant will have to apply for and obtain all necessary apProvals and licenses from all applicable governing bodies zn order for a certificate of occupancy to be reissued. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C". LG/elj Location Map Mobil On The Run EXHIBIT "A" SITE 4OO 0 400 800 1200 Feet SITE LIST OF CONTACTS: 2605 S W 15Ih AVENUE BOYNTON BEACH, FLORIDA SITE NUMBER ~ 02-AL5 STATE OF FLORIDA PLANS PERMITS REQUIRED LOCATION MAP SHEET INDEX SHT. NO. DESCRIPTION C! COVER SHEET C2 DEtdOUTION PLAN C3 SITE PL4H C4 PAtqNo, ORADING and DRA~NAOE P~N D~g ~ X LEGAL DESCRIPTION DEVELOPMENT SUMMARY Call before you D;g C3 ,I LEGEND CON ST~UCTION LEGE_N~ ....,, , ,. -' before you ................. D~g T ~ X LU CUSTOM METER SETTER AND _A. NO METER BOX BETA POTABLE WATER MAIN TYP_ICAL SAMPL~NG p0]N_T LEOENB POTABLE WATER MAIN ~_UBLE VALVE LJ ..... before you ................ D~g III x c~,ONcRE~_E pAVLM_FNT SECTIONS TY[ SIOEWALK O[T^lL TYPE 'O' CURB D~TAI. TYL~ICAL PIPE BEDDING Woolbrlght Road ~.-~7-~ Ca! belore 6 Landscaps Specifications and Notes SIZ~ SCH~OUL~] SY),~fIOL DES]aRATIOH____ VALVE THRUST 8LOCK D Woolbdght Road ~ ~ FLOOR PLAN LAYOUT IS CONCEPTUAL '- ~ CONVE~ENCE STORE A~I~ At~02 :At~3 AtO~4 A~O~5 AI.O C 0 0 EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Mobil Woolbright & Congress File number: COUS 01-006 Reference: 2nd review plans with a December 4, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS X Comments: None UTILITIES Cnmments: None X FIRE Commetltq: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. Place a note on the elevation view drawings indicating that the wall openings and X wall construction comply with Table 600 of the 1997 edition of the Standard Bnildin~ Code. 2. At time of penn/t review, submit signed and sealed working drawings of the X proposed constmcfion. 3. At time of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION .Comments: 4. Submit detailed irrigation plans for fight-of-way landscape and sitework X improvements during the construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comment~' ;ondifions of Approval DEPARTMENTS INCLUDE REJECT 5. The applicant must provide a l~ee tabulation indicating the quantity of desirable X exist/ag trees which w/Il be preserved, relocated °r removed/replaced on the site. This tree tabulaffon should be correlated and ~e trees shown on page LA1. PLANNING AND ZONING Comments: 6. This project wilt be required to obtain an Environmental Review Perm/t before the X isSUance Of an occUpaffonal license. 7. As shown on the elevations, the canopy light bulbs will be recessed and not be X visible firom the sides. 8. Pursuant to Variance C0se Number 236, the note on the site plan referencing said X variance should indicate that the driveway will be minimum 64 feet, not 54 feet from the intersecting rights-of-way lines. 9. As shown on the site plan, the monument sign shall be a maximum !2 feet overall X height and indicate the property address. i 0. All above ground mechanical equipment such as exterior utility boxes, meters, and X transformers, shall be visually screened. The back-flow preventer shall be painted to match the color of the b~ullding (Chapter 9, Section 10.C.4.). 11. The proposed Ixom hedges located in the landscape buffers adjacent to Woolbright X Road and Congress Avqnnc rights:of-way shall be a minimum of 24 inches in height, 24 inches in spread and[planted with tip-to-tip spacing immediately after planting. The hedge shall be maintained at four (4) feet (Chapter 7.5, Article II, Section 5.D.). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Corranents: 12. Change Condition #9 to read: The monument sign shall have a three (3) foot masonry X base plus five (5) feet of sign area for a total height of eight (8) feet. Hedges planted at the base of the sign shall be maintained at a height of two (2) feet. 13. Include a two (2) foot wide landscape slrip around the foundation of the building on X the east side (Congress Avenue) and south side (Woolbright Road). ADDITIONAL CITY COMMISSION CONDITIONS Comments: 14. Tobe determined. J :\S H RDATA\Plan ning ~S HARE D',W P~PRO J ECTS\Mobil Woolbfight & Congress 2001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil APPLICANT'S AGENT: Anna S. Cottreil APPLICANT'S ADDRESS: PO Box 290 Dallas, TX 75221 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2.2002 TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan LOCATION OF PROPERTY: 2605 West Woolbz'ight Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, FIodda 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. 2. 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 "C" with notation "Included". 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: City Clerk ~\CH\MAIN\SHRDATA~Pianning',SHARED\WP~PROJECTS\Mobil Woolbdght & Congress 2001\DO.doc Requested City Commission ~4eefinq Dates [] November2(~. 2001 [] Decemt~er4 2001 [] December 18. 2001 [] January 2, 2002 NATURE OF AGENDAITEM VIII.-PUBLIC HEARING ITEN E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City CJerk's Office November 7. 2001 (5:00 D.m.) November21 2001 (5:0Op. m.) December 5. 200' (5:00 p.m.) December 19,2001 (5:00 p.m.) [] Administrative [] Oonsent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report Requested City Commission Meetin~ Dates [] January 15. 2002 [] February 5, 2002 [] February 19, 2002 [] March 5. 2002 Date Final Ferm Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.mj January 16, 2002 (5:00 p.m.) February 6, 2002 f5:00 P.m.) February 20. 2002 (5:00 p.m.) Develooment Plans New Business Legal Unfinished Business Presentati0r RECOMMENDATION: Staff recommends the approval of conveying iitle to the property located at 1451 N.W. 1~ Court to Dovie Waters ~n exchange for the property located at 210 N.W. 13th Avenue per commission action taken on July 17, 2001 EXPLANATION: Mrs Waters is the former resident of 210 N.W. 13~" Avenue that had been and was, approved for repaiCs under the State Hous ng n tiatives Partnership (SH!P) program. ~.owever, prior to be ng repaired, the building was demolished after being condemned by the city s Building Official as being unsafe for human habitation. Because the site is located in the area of the proposed Wilson Center ~xpansion Mrs.~W, aters has agreed to convey the property to the C ty. n return Mrs. Waters receives a house ~t 1451 N. W. 1 Court. The City will retain a lien on the house for a oeriod of ten (10) years. PROGRAM IMPACT: The program offers homeownership to a currently homeless citizen while facilitating future park expansion goals for the City. FISCAL IMPACT: The new property adds approximately $1.800.00 to the tax base, ALTERNATIVES: None. D epad(m~n['Ffe~ad's Signature Deoar~men[ of Development Division of Community Redevelopment Department Name City Manager's Signature City Attorney / Finance / Human Resources Boynton Beach, Florida Code of'Ordinances Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. ~ ~Th~ city commission ~sh~,~appoint an officer, o?~emplo~e of the ci~ti0~e~ ,than. a &~h4~,~ ^/'t}/~ e~ enmmiss{~ !i~:vurchasing ~/~ei/t':f0~ih~:City wi/0 ~shall be re~b!~,for me p"~ch~as~'e~s'to~}~g'~,'~a~ dist~b~~ ~'i~fall snp~es,-materials, equipment and other ai'tiei~used by an offiCei depamuent or agency~'o~mdnicipat~ g~)~ernment., All purchases or sales of.mty property shall be subject to the approval Qf the c)[y co~s, sion ~d shall conform to. such regtflaUo~s as the city comm~ssmn my 5om tnne to me prescribe. Except as promded m a ofa~y be fail!market :value a ~ of anda · market No. Copyriqht (c) t995, American Leqal Publish n.q Corporation Boynton Beach, Florida Code of Ordinances Sec. 2-56.1 Exceptions to competitive bidding. (a) The purchase or sale of any real property by the city from or to another governmental ager~cy shall conform to such regulations as the city commissmn may from time to time prescribe, but such purchase or sale shall be excepted and exempt from the provisions of section 2.56 hereof. (b) On any purchase of personal property involving amounts in excess of one thousand .d°llars ($1,000.00): . and,less than ten thousand dotlars ($10,000.00) the city manager shall obtain three (3) written quotes in connection with each requisition. The v)ritten quotes shall be kept on file with the purchase order. Furthermore, the city manager is author/zed to execute a purchase order, or contract on behalf of the city for such purchases. (c) On the purchase of personal property if the city manager shall maintain that an emergency exists in regard to the ~ufchase of any ~(Jmmogi~ so that th~ delay incident to ~vin~ opp0rtumty for competat~ve bidding would be detrimental_ to-the interest of the city, then the city r~nager shall file ~vith~ the city ,~terk a statement under Oath certifying the~conditions an~t cn'cumstances, (d) Commodities available only ,from~ a ,single source may be e'scepted from bid re. quirements upon the ~filing by'the purchasing ~ge~t df a certificate o~f:'cond~fions and c~rcumstances, such certificate is to be filed with the; city commission, and th~ gitv c~mmission shall review the certificate and may authorize such purchase bg motion. (e) On any purchase of personal property where tlie funds f6r the ~r/ce of the entire. purchase are being supplied by another governmental agency, and no funds of the cit3? are being used to.w. ards.the, purchase price, the city manager at-his discretion may elect to follow the c. ompetttlve b~dding .requirements of the governmental agenaY which is supp154ng the funds for the purchase. Upon revoking this section, the city manager ~all file a letter wiih th~ city clerk indicating that he has done so. (f) The purchasing agent m~y award a contract Ixy accessing purchasing items from the Fed6i:al General Serv!ces Administration Con~act, the State of Florida pur¢ha~/~ Contract, or other purchasing contracts of any departments ar Subdivisions of the State dfFlori~la ~thout the competitive bidding process required by this grticl6; p~vided that the it le~n and Jassociated price is the same as specified in the assessed contract. (Ord. ~o. 90-54, § 3, 11-20-901 Ord. No. 97-45, § 2, 9-2-97) Copyriqht {c) 1995, American Leqal Publishinq Corporation NE 16th AVE lNG: 2nd TI~AC'F -AVE: I..v o ~,~,~BOYNTON I NE RI VIII,-PUBLIC HEARING ITEM E, RESOLUTION NO. R 0l- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOPdDA. PERMITTING TEIE MAYOR AND CITY CLERK TO TAKE ALL STEPS NECESSARY TO CONVEY C~TY OVv~NED PROPERTY LOCATED AT 1451 N.W. 1sT COURT TO DOVEE WATERS 1N EXCHANGE FOR PROPERTY LOCATED AT 210 N.W. 1'3TM AVENUE SUBJECT TO PROVIDING CLEAR TITLE. INCLUDING PAYMENT OF ANY OUTSTANDING TAXES AND SATISFACTION OF MORTGAGES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns property located at 1451 N.W. 1s~ Court, more >articularly described as follows: Lots 501 and 501, CHERRY HILLS, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. WHEREAS, the City Commission has reviewed staffs recommendation to convey itle to the property located at 1451 N.W. 1s, Court to Dovie Waters in exchange for the property located at 210 N.W. 13th Avenue; and WHEREAS, the City Commission finds that the acquisition of property located at ).I0 N.W. 13th Avenue will further improve.the area near the Wilson Center expansion; and WHEREAS, the City Commission finds it to be in the best interests of the citizens md residents of the City to grant conveyance of the property located au 1451 N.W. 1s~ Court [o Dovie Waters in exchange for the property located at 210 N.W. 13th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I'HE 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 sign all necessary documents, and to take all steps necessary to convey the City's property located at 1451 N.W. l'' Court. Boynron Beach, Florida to Dovie Waters. in exchange for property owned by Doyle Waters located at 210 N.W. 13th Avenue. Boynton Beach, Floffda. The exchange of property is contingent on the ability of the City ko obtain clear and marketable title tothe property located at 210 N.W. 13th Avenue, including the payment and~or satisfaction of outstanding encumbrances such as mortgages, unpaidlaxes,-and outstanding liens. Section 2. All resolutions or pans of resolutions ~n conflict herewith are hereby repealed to the extent of such conflict. Section 3. If any clause, section, other pan or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invahd, in part or application, it shall not affect the validity of the remaimng portions or applications of this Resolution. Section 4. This Resolution shall become effective immediately upon passage, PASSED AND ADOPTED BY:THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. THIS DAY OF , 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissmner Commissioner commissioner City Clerk (Corporate Seal) H:\1990\900 [ 82.BB~RESO\Waters Pmperxy Exchange Reso.floc APPRAISAL OF LOCATED AT: 1451/','NV 1 COURT BOYNTON BEACH. FL 33435 FOR: CITY OF BOYNTON BEACH BORROWER: AS OF: BY: LESU GOODMA~ ST.REG[STERED ASST. REAL ESTATE APPRAISER f~X~6694 v=~o~ section UNIFORM RESIDENTIAL APPRAISAL REPORT r~l.~o. Less Ph~c~ ]Fu~di~lalI Exlemal Est Re~ini~JEc~n. Life: BASEDUPONATOYEA~ECONOMICLIFE. I =AGE2OF2 appras~ e~xess ESTATE AppRAISER #RDOQ03386 ~ity: BOYNTON BF~,CH State: FL FRONT VIEW OF SUBJECT PROPERTY REAR VIEW OF :SUBJECT PROPERTY :STREET:SCENE State F_ COMPARABLE SALE #1 Sale Price: $ 81.(}c~ COMPARABLE SALE #2 1401 NW 2ND STREET BOYNTON BEACH Sale Date: 9~01 Sale Price: $ 86.~C~3 COMPARABLE SALE ~3 281 NW 28TH AVENUE 3OYNTON BEACH Sale Date: 5,~ Sale Price; $ 88.0oo Property Address: ~451 NW 1 C 3URT Case No C~y BOYNTON BEACH State: FL Zip 33z~35 O~nPatio ~.0' Bedmom Bath Bedroom Bedroom Family Room Laundry <itchen Dining _iving Room Entry 38,0' 1 Cai Camort 11.0' LIVING AREA BREAKDOWN 3 Areas Tota~ (rounded) 1384 LOCATION MAP STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certi~cation that appears m the aD~alsal report is subject m [ne ~ncluded only to a~sist the 'eada' of the rep~r~ in vi~suaiizmg the p~opert7 and und~m(:j the apf:r~s detem3ieafi~ of its size. Fannie Mae F~rm 1004B 6-~,~ ma~et react on t~~ fhose i~e~s ~ ~ign~t ~ar~n. If ~ sign~nt i[~m in a ~mperab e ~ s su~ ~ to ~ m~e ~av~ab e hen b0m~ar~ble p~ope~ty ~s~fe~or"t~ ~ Jes~r~avo~e th~ th~ subjeE ~pe~ have made a ~ltlve adjustment to in.ease the ad,us'~ only to the co~hnGefit ~nd ]imEir~ c~rtions specified in ~ f~"m.' _ ~ospecflve owners or dccup~nts ei the~ subject pFop~r ty or of the present owner s or occupants of the properties in the vicinity of a~ct the elfect of the adveese cohdifio~s o~ the r~rksta~l~ nt the sbbject ~xoper~-. ANALYSES.OPiNiONS AND CONCLU~0~t$ ARE LIMITE~ ONLY BY ,THE REPORTED ASSUMPTIONS AND LIMITING CONDITIONS AND ARE MY PERSON~,iMPAR'F. AL ~O U~NBIASED PRiOFESS[QNAt~ ANALYSES,OPiNiONS AND CONCLUSIONS. THE REPORT {S MADE FOR THE SOLE PURPOSE QF;THE CLIEN"5 LISTED ON P~ ONE. THE DIGITAL SIGNATURES ARE A TRUE REPRESENTAT ON OF THE AUTHENTIC SIGI~ATURES. SUPERVISORY APPRAISER'S, C,ERT!FICATION: If a supervisory appraiser signed the appraisal repo~, he or she c~rtifles and agrees that: I directly supervisplth~ appraiser who prepared the appraisal report, have reviewed the appraisal report, agree wtth the statements and conclusions of the appraiser, agree to he beund by the appraiser's cmtif~aUons numbered 4 through 7 above, and am taking ADDRE$S OF PROPERTY APPRAISED: 1451NVV1COURT BOYNTONBEACH, FL 33435 APPRAISER: Name: LESLI G(~ODMAN SUPERVISORY APPRAJSER (only if required) Name: DEN~I~J. HALPIN Date Signed: 17J16/2COt Ml1 qN qqTH AVE :)lq Al_ SPR]NGS FL r. ~}Vs' R Nt3R DISPLAy AS REQUIRED RY LAW ¥,. r.." ;~ -:. · r .~ -~ :; ' · STATE O~. r~.r,pRIDA 11me ,~;-eTIFIE0 RESIDENTIAL AppRAJ'SER Ilmml~m .Is CEKT~[FZEO F~. HALPINt OENNIS J I. IO5 GREEN PINE BLVD G2 gEST PALM REACH FL 33,~09 JEB RUSH §CVERHOR DISPLAY AS REQUIRED BY LAW SECRETARY INVOICE File Number: 01122343 CITY OF BOYNTON BEACH ~n~3k:e #: 01122343 O~da' Date: 12Jos/2Cel Reference/Case # PO Number: 1451 NW 1 COURT BOYNTON BEACH. FL 33435 Invcice Total State Sales Tax Deposit Amount Due Terms: ~haase Make Check Payable To: ~O BURMA ROAD SUITE 106. PALM BEACH GARDENS. FL. 33403 Fed. I.D. ~ 65-0732747 ~coo BURMA ROAD SUITE 10~. PALM BEACH GARDENS FLORIDA. 33403 APPRAISAL OF LOCATED AT: 210 NW 13 AVENUE FOR: BORROWER: ASOF: BY: LESU GOODMAN ST.REG.ASSIST^N~ REAL ESTATE ^pPRA]SER f~006694 LAN~ APPRAISAL REPORT CHERRY HILLS EOYNTON LTS 501 & 502 PB 4 PG 58 Da~e C~ OF BOYNTON ~CH T~ v~(~> · e mm ~ ~e ~6~ are not ~ ~a~ : ~ :: '~= NONE ~ ~ ~ NIA ~CRO~CH~ENTS ~ERE ~ AT [~PE~ON, 0.0/ o.o~ L~SLI ~OD~ w.=.t =~.~-~,~.=~..---~ STATE-CERT. RES, REAL ESTATE a Apr~ais~ Express #RD0003386 ADDENDUM Final Reconciliation THE DIRECT SALES COMPARISON APPROACH IS G VEN GRF-ATEST WEIGHT THE INCOME APPROACH AND COST APPROACH ARE NOT APPLICABLE. Lender: CITY OF BOYNTON BEACH FRONT VIEW OF SUBJECT PROPERTY A~oraised Value: REAR VIEW OF SUBJECT PROPERTY STREET SCENE 'COMPARABLE P~OP-~RT¥ PHOTO ADDENDUM State eL Z~p 33435 COMPARABLE SALE #2 223 NE 11TH AVENUE BOYNTON ECH COMPARABLE SALE#3 299NESTH STREET BOYNTON BCH adjustmer~ s~ld approxfmate the markers readac~ tq the fi~ng ff ~ba~n the App~arser s judgment ~N~.~G~NT AND ,EIMITING CONmTI~: :Th~ app~is~'~ t~t aD.ars in the appraisal repo~ is subject to me . . '¢.,; ~. . . - The ~ppra)~er w~ll ~ot ~ res~nsl~ f~ ma~e~s of a ~e~ ~a~e~her t~ ~o~ ~ ~s~ ~ the title to ~t. The p~ais~.~es that ~e Ble is g~ and m~ke~e and, t~r~e. ~11'~ ~r any ~n~s a~ ~e t~le The ~ooe~ is a~ai~ on~ ~ ~i~ ~ ~p. sources) and has noted in ,the appraisal repor~ whether th~ s~b' ,,1~ me is Iocats~Hn an identified Special Fl~ed Hazard Area. Because the contributory vahJe. Thes~ separaie yaluafl°tis of the land and in~'ovements must not be used in conjunction with any other appraisal and wastes, to~ic substances, etc. ) ot3~cved dudn~ the i~specfiofl of the subject p~ope~ty {x that he ~ she became awsre of during the normai APPRAISERS CERTIFICATION: ~he AD~ra~ ce~rF'~s aM a~ees ~r~a~: ADDRESS OF PROPERTY APPRAISED: 210 NVV I$ AVENUE, BOyNTON BEACH, FL 33435 APPRAISER: Name LESL SUPERVISORY APPRAISER (only if required) ~/?t~A~t Lr-~;L,T DAI,/N DISPLAY AS REQUIRED BY LAW 'ION 2002 HALPINt DENNZS J GREEN PXNE BLVD G2 WEST-PALH REACH FL 33~0g JEB RUSH G~VERNOR DISPLAY AS REQUIRED BY LAW KIR 8[NKLEY--$EYER SECRETARY~",~ INVOICE File Number: 01122342 CiTY OF BOYNTON BEACH Of der Date 12j06r26o1 Referenc~Case #: PO Number: 210 NW 13 AVENUE BOYNTON BEACH FL 33435 [nvace Total State Sales Tax 9e~s~t Deposit Olease Make Check Payable To: SOO0 BURMA ROAD BTE #106 PALM BEACH ¢_~DEN$ FL 33403 Fed, I.D. ~- 6543¢32747 $ 2c~oD Requested Cit~ C~ CITY OF BOYNTON BEACH tGENDA ITEM QUEST FORbt ~tte Final Form Must I~ ruined tn to City Clerk's Office ~vember7 200[ (5:00p.m.~ ~m, embex 21. 2001 (5:00 p.m,) ~eember 5. 2001 tS:00 .'$~etnt~x r9,~200Y (5:00 p.m.) XlI. - LEGAL ITEM A. 1 .NATURE OF AGENDA ITEM [] Administrative [] D~velopmem Plans ['-t Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announeemem [] Presentation [] City Manager's Rop~n RECOMMENDATION,:' Ad01~ordinance establishing an Arts Commission. EXPLANATION: The ordinate creates aa Arts Commission as an advisory lx~ard to the City Commission as recommended by the roport ofaStrategic initiative Team and modified by the discussion of City Commissioners at their December 4 meeting, The eo~l~m, ents of thc ordinance include the following: Pm'pose: The Mission ofll~l~ls C _ommtssion of the City of B°ymon Beach is to advi~ the City~ommisSi2enO; matters related to the ~ the devele~ment ora plan and programs to promote and support pubhc art, anct to recomm standards, guideline~ and rimming fo~ implementation. Members: The Arts Commi.q~n shall be composed of seven ~7) regular and two (2) alternate members who axe citizens or Imsmcss owners preferably ~ the follo~fing backgrounds: m'tist(s) An Vulmt~(ffactivist(s) Plann~ Neighbot/hoal Association member(s) Interlard ~zen(s) Responsibilities: Act as an~dvisory Board to the City Commission on the following: · Provide aalsice on matters relating to the Arts. · Develop a~ublic Art Plan and program for the City. · Reeommeu,~ standasds and guidelines for an and aesthetics in the city. · Encouragelmbtic/private parmershipa in the arts. · Review andmake recommendations on proposals for art w~ks for public buildings and public spaces. · Enenm-agell~e flow of art into the city, and stimulate art acfivifias and events. · Study art i~ncs and implement art programs as may be delegated to it from time-to-time by the City Commiss~a- S:LBULLETIIq~OR34SXPd3ENDA ~ REQUEST FORIvLDOC CITY OF BOYNTON BEACH PROGRAM IMPacT: T~is is a new progran~ that requires allocation ofsmff~arces. FISCAL IMPACT: Estimated cost $I5,000 (not btidgeted) for first year. ALTERNATIVES: Defer action to FY 2002-03 Budget. Department Head's sigVan~e//~ .... ;' cCi~ ]~ana~errs sign~ai~e Virginia K. Farace ~/ ' Kurt Bressner Departmdit Name Librm-y City Attorney / Finance / Human Resources $:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, CREATING A NEW ARTICLE IX OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ' CREATION AND ESTABLISHMENT OF THE BOYNTON BEACH ARTS COMMISSION; PROVIDING FOR THE ~URPOSE AND OUTIES OF THE ARTS COMMISSION; PROVIDING FOR THE ORGANIZATION OF THE ARTS COMMISSION; PROVIDING FOR :-MEETIiNGS OF THE ARTS COMMISSION; PROVIDING FOR THE POWERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, a'Strategic Initiative Team has advised that establishing an the development of a Community Identit~ the City; and WHEREAS, the City Commission of the City of Boynton Beach deems be in the best interests of the general welfare of the citizens of Boynton to provide this public service to the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Saction 1. That Part I, Chapter 2, Article IX, is hereby created as WS: ARTICLE IX. BOYNTON BEACH ARTS COMMISSION Sec. 2-154 Creation of Commission. The city commission, in accordance with the powers vested in it, 'hereby creates and establishes the Boynton Beach Arts Commission, hereinafter referred to as the "arts commission". · Sec. 2-155 Purpose and Duties ,(a:) The purpose of the arts commission is to adwse ..... ' the' City Commissip n, or~-matters, re ated~to the arts. to develoo a '. Clan and !p,rogr:~ams to, PrOmote apd ~supoort art in public, places. and~to, recommend gu[delir;es and fund(ng for implementation · :;(bi It sba!l ~e,,:,th;e,~6~¥ off,the,arts commission to act as an AdviSOn/ B~C~ard!,'!~co,:;tl~e:~C:it¥- '~Qmmission in i providing :aSvice orf~m'ait~er;si~et~ting-~_e~t~.b~e;~is~a[!arts.,,: (d) sources recc and stimulate tO ~ Commission from: time ~ubl~iC ar[ plan recommend funding rant funds; encourage review and make for public buildings into the city; is'sues related by the City (e) The arts commission shall periodically advise the city co~rnmissier~ of its! findi~:~s or; p, ,rop0sals with respect to the foregoing issues and makA' recom~endati0ns to the city commission ~;"i~ny~ matte:~ ~e~r~e,d, to(it within as much time prescribed by ~h~ cit~ comm:i~i0n. ~.~ Sec. 2~56 Or~an (a) The Arts Commissmon shall consist of seven (7) regular members and two (2) alternate members and serve at the pleasure of the City Commission. (bi All members of the Arts Commission shall be appointed by the City Commission for three-year staggered terms. The two (2) alternate members shall be appointed to one-year terms. All members may be reappointed at the pleasure of the city commission at the termination of their appointment, with no limit as to,he number of terms they may serve. (c) Appointees ~(f the Arts Commission shall be citizens or business owners preferably with the following background: Artist, art volunteer/activist; planner: private developer; architect; neighborhood association member; mterested citizen, (d) At the organizational meeting of the arts commission a chairperson and vice-chairperson shall be selected by majority vote of the arts comm,ssion. The chairperson and vice-chairperson shall be selected annually at the anniversary of ,the first meeting of the arts commission, or at the November meeting of the arts commission Sec. 2-157 Meetings. The Arts Commission shall meet at an appropriate place and shall arrange a time for holding regular meetings of the arts co remission, and for such other meetings as sltall be necessary, and it may add to such rules of organization, regulation and procedure as it may deem necessary and determine the duties of its members and officers. Other specifications for conducting meetings, such as the number needed for a quorum, shall be in conformance with Section 166.041 (4), Florida Statutes. Sec. 2-158 Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegation to the arts commission of any of the authority or discretionary powers vested and ~mposed b~r law in the city commission. The city commission declares th~at public interest, convenience and welfare required the appointment of the arts commission to act in a purely advisory cal~acity to the city commission for the purposes set forth in this article. Any power delegated here to the arts commission to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of legislative authority. Section 2. All ordinances or parts of ordinances in conflict herewith ~e and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or 3ortion hereof, any paragraph, sentence or word be declared by a court of ;ompete_n?~-: jurisdiction to be invalid, such decision shall not affect the -emainder of this ordinance. Section 4.' Authority is hereby granted tO codify said ordinance. Sectioi~5: This .ordinance, shall'become effective immediately upon 3assage. FIRST READING this day of __~, 2001, SECOND, FINAL READING AND PASSAGE this , 2002. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk H:\NRk'~Arts Commission Ord -rev 121001 Requested City Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 December I8.2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:0C p.m. November21. 2001 5:00 v.m. December 5.2001 5:00 p.m.) December 19, 2001 5:00 p.m.* Requested Cit~ Corramssmn Meeting Dates [] Januar~ 15. 2002 Febraary 5. 2002 [] February 19. 2002 [] March 5. 2002 XII. - LEGAL ITEM A. 2 Date Final Form Must be Turned ~n to CiW Clerk's Office January 3. 2002 (5:00 p.m.) lanuar'y 16, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m. February- 20, 2002 (5:00 p.m.) NATUR]E OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing 5~ Legal [] Bids [] Unfinished Bus~ness [] Atmouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Proposed Ordinance No. 01-65 on second reading to amend Chapter 6. CEMETERIES, Section 6-18(a)(2)~ to provide for 50% of the original purchase price of a crypt or niche after interment, resale or transfer of ownership to the City of Boynton Beach. EXPLANATION: On September 3, 1998, the City Commission adopted Resolution No. R98-140 that allowed the City of Boynton Beach to return 50% (rather than 80%) of the original purchase price to the owner of a crypt or niche after interment, resale or transfer of ownership to the City of Boynton Beach. At that time~ the Cemetery Rules and Regulations were also amended. However, the City of Boynton Beach Code of Ordinances was not amended to reflect the change in policy. At its regular meeting on November 27, 2001, the Cemetery Board of Governors reviewed this discrepancy and recommended that the City Commission adopt an Ordinance to reflect the necessary correction to the Code. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature ' C~'~t~ Manager's Signature City Clerk'sOffice City Attorney / Finance / Human Resources s ~BULLETiN~ORMS~AGENDA ITEM REQUEST FORM,DOC ORDINANCE 01- ~,o~ AN ORDENANCE OF THE CITY CONEMISSION OF THE CITY OF BOY'NTON BEACH. FLOR[DA. AMENDING CHAPTER. 6, C.~TERIE~,~ SECTION, 6-t8 TRANSFER .2-- or LOTS.. $~SEcTION . (A)(~); PRovIDING 'FOR CLARllrIGATION OF ,THE PERCENTAGE OF RETURN ON A CRYPT OR. NICHI~ AFTER ~RMENT. RESALE OR TRANSFER; TO .COMPLY WITH CEMETERY RULES A ND REOULATtO s PROVD2'ro FOR CONm. ICTS, SEVERABIZIT¥; ;CODIFICATION AND AN EFFECTWE DATE. WHEREAS, on September 3, 1998, the City Commission adopted Resolution No. ~98-140, which allowed the City of Boynton Beach to return 50% (rather than 80%) of the original purchase price to the owner of a crypt or niche after interment, resale or l~'ansfer of ownership to the Ci.ty of Boymon Beach, as well as amended Cemetery Rules and Regulations; and WHEREAS, this change was never reflected in the Code of Ordinances; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1. That Chapter 6. Section 6-18 Transfer of Lots (a)(2) is hereby amended ~y adding the words and figures in underlined vype, and by deleting the words and figures ua 5track-through type, as follows: Sec. 6;18. Transfer of lots. (a) Cemetery lots. The owner or owners of cemetery lots ... Co) Mausoleum crypts or niches. (1) Prior to interment, an owner may transfer... (2) After interment, resale or u-ansfer of ownership shall be allowed only to the City at a cost of ~°0°,~, 50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and is implement by the proper authorities. The city may not offer these crypts or niches for sale until the end of the contract term (October 20, 2008) with Boynton Beach Mausoleum, Inc. Section 2. That each and every other section of said Chapter not herein S:\CA\Ordinances~,y, etmi,~imtrative\Cemetery lot ~-amfer amenclxn~t 121101.docl specifically amended shall remain in full force:,, ,,~,,and effect ms previously enacted. Section 3. All ordinances or parts Ofordinarrces in conflict herewith be and the same are hereby repealed. Section 4,. Should any~secnon or provision of this ordinance or portion hereof, anY-i>aragraph, sentence or word be declared by a court of competem urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon Fi x ms of ., 2oot. SECOND, FINAL READING _~2/D PASSAGE this · 2002. day CITY OF BOYNTON BEACH· FLORIDA of Mayor Vice Mayor Comrrussioner Commissioner Commissioner Clerk S:\CA\Ordinances~Adrainislxative\CemeterY lot transfer amendment 121101.doc2 Sec. ~-1. De~cn'b~L The fc~ll~.ow~n$..s~aall be the cemeteries of the citT: MI.TNICIPRL C~-~TERY, CITY OF BOYNTON BBACH: Blocks A thru G (excluc~g Block A), Ot~ciaiPlat~Book #21, Page 84. BOYNTON BEACH M~MOR.IAL PARK: Blocks H thru M, Official Plat Bo~k #27, Page 186. BOY'NTON BF..ACH MEVIORIAL PARK, ADDITION #1: Blocks N thru Y (excluding Q, U, X and Z), Official Pi.at [Book #$0, Pa~e~ 1~4 a~d 1~$, and the BOYI~ON BEACH MAUSOL~LrM: l~)lat 6fD~'VeWays 2, 3, 3 and ~, Mtmicipal Cemetery. Official Plat Book P~e 4& SARA SIMS MF..MO~ GARDElq$: Official Plat Book ~2~, P~e 84. (Ord. No. 9449, § 1, 11-1-94) See. 6-3. Cemetery fund esublhhed; use, invesunent. the perpetual ~ upkeep and maintenance ot sam cemcterie~ and m provide th~ all Rm (~eovrieht ici '190S. AflMflc,tn Loctal Pubilahl~dll]l~:liJ~ 8oynton Beach, Florida Code of O~inan¢~s derived fi'om thc sale of cametery lots and equipment ~se charges shall be paid into sad fund to be designated as Boynton Murd¢ipal Cemeteries Funck znd ~ed solely for the perpetual care. upkeep and maimenance ofsaid cemeteries. The ¢it~ is authorized to transfer and pay over to chis sepera=e accotmt ~11 funds designed for the pe~ecoal care, unkeep and maintenance of mtmicipal cem¢t~l'l~S. --.. (Code1958, § 646; Ord. No. 83-9, § 1, 4..4-83; Ord. No. 98-22, § 1. ?-21-98) Ther~ is h~eby created which will-consist of the city board all serve for tetrn of, ~i~r~; Board of goveruor$ created; composition; terms; quorum. goveraorsof the mum¢ipai cemetery is hereby appointed to serve on said r (4)~other persons and one (I) alternate, City~ TWO (2) members, of these tour ; (1) member shall member shall serve for a The altemate.ihall, be~pointed for a shall be filled by appointments.of threo (3) Ord. No. 8~-9; § 2, 4-4-83; OrcL No. 83-14, § for serving on boards, ~., t 2-16. Sec. 6-5. Geaersi power~ of board. The board shall have the.dSh~, t0 es~blish rules and r~ulations for ~e .mar~$er~. ~t ~d ~,,~,,~, ,,~'d,-~ 1.~-Pi husine~. ~Ot ~.tislent. however, wilIl tile prow, SlOmS oltl~S ~--~c~e, :'~"1.~.~;'~'"'~'^'~ ~retO~'~'~ :~illr --e~m~l-'---Y With~-~ ~bide bymd ~forc~'the provisions and conditions of this article to the :extent~ momes a~.,.m~_..e_.am.lable for .the.n.ec.~._e~_._~ ~ 7are, ?_ ~-~ maintenance and ~veme~ts to the~mumc~pal cemetenc~ estamisneo pumuant to secnon o- hereof. (Code 19~8, § 16-17; Ord. No. 83-9, § 3, 44-83; Ord. No. 9~,-40, § 2, 11-1-9,$) The city clerk ~ continue~to serve on the board so long as he shall remain clerk, and slmll h~ve sll the power~ of any other~member of said boalxt,, and in addition thereto shall act as cleric thereo£ (Code 19~8, § 6-17) See 6-?. R~eord~ reports of bOsrd. time to time, as reque~ed by the city couneiL make an ir~fized deuiled report showLu8 the American Le~__-! Pu~--Mhlno Corooratk)n Boynton Beach, Florida Coda of Ordlnancaa Financial condi6on a.s the same pertains to the cemetery, including ~ny and all other ma~ers which may be requested of the council. (Code 195g, § 6-17) See. The board of governors secure and (Code 1958, § ~6;~2)..,,., m time to ~rne make such rules and regulations for ~he hey may deem requisite and proper in order to to the remove it shall ~ of the drives (Co~ S~e. 6-11. provide~; ,,-~ the lo nm~ lay out, ~al~er, or ~loSe such f~ for the sale of ~ch sales, and fees to b~ charg~l for ~ 6-17.. lsmsacedf deeds. for the sale of lots (Code I full power a~l authority m issue a deed or deeds and niches in the mausoleum when the provtsions of governors. i:3, 11-1-94) ~,~;.'~oht Cci 1~. Amefl~n,L_-~--~! pu~hirm C~rm~ratkm I~oynton Be~c{~, Flortd~ Code of Ordinmnc~ Sec. ~-13. Conveyances and burials prohibited until settlement of debts due citT. No purchaser of a cemetery lot sl~ll ~e e~itled to a d~ to my lot ~fil all ~co~m re~tin~ .t~rcto:'~ due ~ mW' ~ p~d-~d no o~ or ~o~ of~y lot or lots, s~l ~ve · e ~to bu~ in ~s's~d lot ~lo~ wi~out ~t h~ng prod my md ~1 ~,due the ci~ ~erefor or for m~g rela~g ~emto. (C~e 1958, ~ 6-t3) See. 6-14. All shait be ~otlletstor{.es No mounds are pertained A lots so thai the erectiou of See. of'governors. aud lots of the owue~s, under S~.. &-lT. "For sale'* signs prohibited. No si~n or other device indicating that a cemetery lot or vault is "For Sale" shall be .pe~litted in ot on the cemetery ~-ounds. (Code 19~8, § 6-11) C~,~-;,",~ht lc) 199&. American Llmal Pubil~hino Coreoratk~ Boynton Belch, Florida Coda of Ordinances See. 6-18. (a) Transfer oflots. such wrl~rJ, cori. S~Tl_t lTltT~qI ~ lots,shall not allow imerments secured the and Wansfer, assignment, or conveyance. Provided. not or niche e on file the (2) (Code 98-14, § Sec. 6-19. (Code 1958, § 6'5) (C)rd. ~No. 96-24, §3. 4-2-96; Or~ No: 98-41, §!1, 10-~9~) · nd of Cc.G';.~.oht Ic~ 1~. AmerlrJn E_M~ni Publlshina Coroollt~x~ RESOkU'T[QN NO.' R98-/~ A RESOLUTION OF THE CTPf COMML~SION OF THE CTFY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTZON R96-38, PROVIDING FOR AN AMENDMENT TO PARAGRAPH 3.5 (REFUNDS OF MAUSOLEUM CRYPT OR NICHE) OF THE BOYNTON BEACH MUNICIPAL CEMETERIES RULES AND REGULATIONS; AND PROVIDING AN EFF~E DATE. WHE~, the CitY Commission on March ~.9, 3.996, approved Resaiut~on R96-38, which adopted and approved the Revised Rules and Regulations for the Cemetery and Mausoleum; and , WHEREAS, due to tl~-; fact that refunds amounted to approximately $65,000 over the past two years, it has been recommended by the Cemetery Board to amend tine Rules and Regulations at paragraph tS to cleo-ease the refund policy for the crypt and niches from 80% to 50%. NOW, THEREFORE, BE I'T RESOLVED BY THE CI"rY COHMISSZON OF THE CITY OF BOYN'rON BEACH, FLOR/DATHAT: .~_.__ Thai: Paraoraph 15 of the Bo~to~ Beach Municipa --~ ;,---~.;~:-J ~,-" be amended by adding the words ant ~ ~ ~ ?'~"~W'~ *'."'_'~Z:.; ~. .... ,*- -nd ~ures in struck- figures In underlined type ano oy ae~or~ u= -,.,,~ ~, ..~ lg Pausoteum Cryp~ or N~ - IMor to interment, an owner. ~a " -- -~ -- -,~-- ---"~"~ the owner first oo~i~ trar~ or m~ll the mausoleum ~ or _n~ ~v,~ ..~__~--_ ~..~. u-,,~leun ~'-- ............ ~ -- · .... -~--'~, ~ that o"te ne' %n~. * - -,-,~- --- on fl~ ~ the ~ Oerk ar mausoleum, crypt,, nict',e Is paid to Bo, vff~t Beach Hausoleum, ~ PASSED AND ADOPTED ~is This Resolution shall I:~come effective immediately. day of Se~tem~r, [998. CTTY OF BOYNTON~OI~DA Mayor .- / NOTIC.~ TO LO'r OWhr~x~ IN BOYNTON BF..ACH MUNICn~AL CRM~S Rule~ ~nd Regul~tion~ Am~a~,~ September 3~ 1998 G~ ~al~ ~t ~ ~ ~ ~ng ~ ~ CI~ ~ ~ton ~h and saint ~ .~hF.~k i.~ iff~tge~t with t~ ~ ~ t~ r~-l-~ ~ui which the City , i~pnnv, d ~J~m in]u'y, all e~avations 9~ 8. All p~ ~ t~ ~nths ~m date All um, ~, Or ~a~t ~r~ ~ged or ~tt roll nat b~ 12. Na 13. Casl~ mv~t be encased in a ~olid may Mittatt and recommend the laying or waik~ and rna~ such roles and of the ctmeUry as it may deem appnmal. that a lot i~ 14. the V~m~' organ~.at~ons may 15. 16. The Ct~y ~ inur~tnam, In asldftttm ~ the Beach installed by tl~ Cio limit of m~ embler~ altowed per and tmbltmt may 1~ obtaMed from Boynwn ~ttltaivt sal~ ag~t, and shall be Beach. 15. Po~t~d plants or ar~JL.-lal flow~r~ any ~. F~h ~ a~ ~i~d ~ ~in for a ~ ~ ~t (3) days. O~ ~ ~ ~n~ht ~ll be al~ed. Vm~ a~ ava~l~lt a~ the M~m ~. ~ow~ m~t ~ in a c~in~ t~t ~ a solid b~e so that tt ~ll ~y stand ~. ~ i~ mint be t~l~ p~ at ~n~he sit~. but ~ a~ ~ nm ~t ~ifi~ for a clear ne~ig~ on tM pan ~ (NOTE: Ci~ employees may r~nove any item placed on a cryg~/nkhe site that. b~ un~y or 19. No ~on s~ll be al~d ~ ~ any ~J~a~ ~ an~hing without ~ ~ ~m tM Ct~. NO ~ s~ be ~a~ ~ any p~ in the 20. Alt ~ sa~ ~ ~ ~ ~ n~ ~ ~ ~ua ~ ~:~ 23. Option I revised XII. - LEGAL ITEM A.3. ORDINANCE NO. O 01- (~-~0 k5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AMENDING CHAPTER 2 ADMINISTRATION. ARTICLE IV. SECTION 2-56 AND 2-56.1, INCREASING BID THRESHOLDS; PROVIDNG EXCLUSIVE AUTHORITY TO THE CITY MANAGER TO EXECUTE PURCHASE ORDERS UNDER THE BID THRESHOLD AMOUNTS, AND REDEFINING WHEN COMMISSION ACTION IS REQUIRED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City comnussion deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56 ind 2-56.1, by increasing the bid threshold amounts for personal property, commodities and services to $25,000 and for construction projects to $75,000, providing exclusive authority to the City Manager to execute purchase orders below the threshold amounts, and redefine when Commission action is required; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 2. "Administration" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase, gtc, rage,~,L~-~ ~.~-~..~+';~'"~;"" of all supplies, materials, · ^-~m~^ ,~ .................. c ' i al equipment and other articles used by ........... t- ........... ~,.L~,.; .,~ the mumc p government. All purchases or sales of city property shall be subject to the approval of the city commassion and shall conform to such regulations as the city commission may from time to time prescribed. Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of two twent,/-five thousand dollars ($25,000), or construction involving amounts of se~enw-five thousand dollars fS75,000), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not tess than ei~h*~.. ,r$~, ten (10) days prior to the date and time set for the reception of such bids, together with ... ,.~'pWlNDOWS\TemDorarvlnternetFiles\OLK8353\PurchasmeAmendmentd : :' q ~ ~ l~llO ....... ,~, ............ ~, .............. , ~ Sec. 2-56.1 Exceptions to competitive bidding. (a) The purchase or sale of any real property ... (b) On any purchase of personal property, commodities, or services construction pohcies. The reasonable cost. the on (c) (d) the On the pUrchase of personal property if the city manage emerge'ney exists in regard tO the purchase of~n~ con}modity so ~ incident to giving oppommity for the interest of the city, then the statement un~cr catk certifying the conditions and circumstances. statement shall be kept with the purchase order. wilt be presented to the city commission at the earliest meeting the threshold for purchases. Commodities available only from a single source may be excepted from (e) .... ,.~.a ...... u ..... t,~ ,, .....:~- A~letter is required from the the single source purchase will be made from the vendor the purchasing agent. On any purchase of personal property where the funds for the price of entire purchase are being supplied by another governmental agency funds of the city are being used towards ~ purchasing agent aOais-di~-r-etio~ may elect requirements of the governmental agencgwhich is supplying ::\WlNDOWS\Temoorar~ Intemet FitesSOLK8353\PurchasJna Amendment.doc~:\Purch;~7,c &mcn3mc.",t (0 The purchasing agent may award a contract by accessing purchasing items from the Federal General Services Administration Contract. the State of · D.,~-*,n~;,~ r, .......... q~ cn~tracts SNAPS. RESPECt[ PR[DE:; or Florida ........... ~ other purchasing contracts of any depanmeuts or subdivisions of the State of Florida4 or pmo,¥-back of other ~ovemmem or national alliance bids thts arttcle_., without the competitive bidding process required by ' ' [f budget allocation is approved by Cormnission, as part oF the budo~et adoption for the fiscal year, all items purchased in relation to Paragraph F will not require further Commission action unless a formal contract is involvcd. Section 2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City 0f Boynron Beach not herein specifically amended shall remain in full force and effect as previously enacted. gection 3. All ordinances or pans of ordinances in conflict herewith be and the same are ~ereby repealed. Sectton 4. Should any section or provision of this ordinance or portion hereof, any ,aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, uch decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this __. day of .~ 2001. SECOND, FINAL READING AND PASSAGE this day of__ ,200. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commisstoner ATTEST: City Clerk C:\WlNDOWS\Temaorarv Intemet Piles\OLK8~53\Purchasinc~ Amenoment.doc. A:',P;rg~;:;.nc (CORPOP,~TE SEAL) C:\WlNDOWS\TemDorarv Internet Files\OLK8353\Purchasino Amendment.c~ocA:!?;:chc3=,:;: Amcr,~mcr,'~ Requested City Commission Meeting Dates [] November 20.2001 [] December 4. 2001 [] December 18. 2001 [] lanuaw 2. 2002 XlI. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dare Final Form M ~st be Turned in to Ciw Clerk's Office November 7. 2001 5 00 p.m November 21 200I 5:00 p.m. December 5. 2001 (5:00 p.m. December 19.2001 (5:0(p.m.) Requested City Commission Meetine Dates [] January 15,2002 [] February 5, 2002 [] February 19.2002 [] March 5. 2002 Date Fmal Fown Must be Turned m to Ciw 21erk'sOffice January 3, 2002 5:00 p.m.) January 16, 2002 (5:00 p.m February 6, 2002 5: ~ am. February 20, 2002:5~00 p.m. ~ NATURE OF AGENDA ITEM [] Adminislrafive [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RI CO~/EV[ENDATION: Approve second reading of Ordinance revising bid threshold from the current $1 ¢.000 to $25.000 for personal property and $75.000 for co~/stmc~ion projects. EXPLANATION: Due to increasing cost of capital purchases and construction projects the Procurement Services Division has had several requests to increase the bid ttn-eshold. After completing a survey of other local cities and discussing with the City Manger's Leadership Team it was decided to request an mcrease from the current $10,000 for ali capital purchases to $25.000 for personal property and $75.000 fro- construction projects. Based on discussion by the Cornnusston. the ordinance has been mended to allow the City Managex solely to approve the purchases at the new level In addition, the ordinances have been amended to provide fm periodic reporting of purchases to the Commission Note: The City Manager is requesting that the Cit) Commission approve an alternate to this revision that allows delegatzon of purchasing to the Acting Citk Manager in the absence or incapac~tanon of the City .Manager. Based on the City Charter and the Commission/Manager Form of government, the Ciiy Manager is responsible to the Citk Commission for actions of staff PROGKAM IMPACT: This change ~viI1 allow departments to complete small projects without having ro go thzough a formal bid process that adds 30 to 45 days to be front end of a project time schedule. FISCAL IiVIPACT: A bid document can be 25 to 100 pages long depending on the complexity of the bid. There would be savings in copy cost. Also each bid is advertised at least once in two local ne~vspapers. Thus we would be saving advertising cost also. ALTERNATIVES: Leave bid tkreshold at the current limit of ~ 10.000. Department Head's Signature Department Name '~ ~ity Mana'ger's Signature City Attorney / Finance / Human Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM DOC City of Boynton Beach 2000/2001 Personal Prooerty Bids under $25.000 Bid Name Annual Supplemental:l:ab Analysis Parts & Eabo~ f0r Le~bhmf Excavator Gala Entertainment Goordina~or RFQ Medical Director Fire Alarm Inspection Gala F; JitU~al Tractor Ford SUV 'Hail years) Amount $ 13:000:00 15.~64.86 15,000.00 . o0.0o 11,760.00 12,500.00 23:087/I 5 18~790-00 22,949:00 21.997~92 4les : Wing CH :)evice lnspec & Testing ices for Water Testing G©RF_N, ~;MEROF, DOOD¥ & EZROL, P,A. 3099 Eas[ Commercial Boulevard Suite :gOO Fort Lauclerdale, Florida 33308 (954) 771-4500 Facsimile No (954} 771-4923 DATE: i RECIPIENT'S FAX NO, TO: C,W- FROM: This transmission contains ~ page(s) including this cover. FILE NO: ~[o FiLE REFERENCE: ~ ¢JJ~ "~ COMMENTS: ~eci~ent. you ate Aetehy ,~0~f;e,~ mst any ~li$$emination. c[[s~butio~. ~' copy oi' this commun~cat/on is s~ctly prohibit~t, if y~ have re~eive~ this cornmu~nic:ation in error, please immediately no~/fy us by telepBoc~e am;~ return me o~Iginai mas.gage t~ if any pn=biem& occur ~n receiving Mis menage, please call this office et [954) 77"J-4500. Thank you. OPTION I AN oRDnWA_WCE OF TH~ CiTY CO~SSlON OF THE CITY OF BO~TON BEACH. FLORA, .~G CH~BR ~ ~T~TION, ~IICLB W, SECTION 2-~6 ~ 2-56A. ~C~G B~ T~SHO~S; p~NG ~DBF~G ~QL~: PROLOG FOK BFF~C~ V~n~REAS, up6n'the ~¢cccmmcnd~tien of ~t~ ~ CiV Co~ion dc~ k mbc m ~ best ~terest of ~e ci~ ~d r~sid~nts of ~d 2-56.1. by mcre~ ~e bid ~eshold ~o~ts s~ccs to S25,000 ~d fo~ co~cfion proj~s m $75,0~, pmvi~g ~clusivc au~odV to · ~ Ci~ M~ager to execute p~ch~¢ orders below NOW ~O~, ~ IT O~D gY T~ CITY CO~8SION OF T~ CITY OF BO~ON BEACH. ~T: S~on 1. ~ter 2. "Adminis~a~off' is k~eby mm~ded by a~g fi~ ~ ~d~l~ ~e, ~d by dele~g ~e words follows: SeC. 2-56. Pta,chcsing agent, selection, dudes; compctitiYe bidding The city oomunssion shall alYpoint an officer or employee of the city, other than a member of the city cornm!ssfen, as purchasing agent for th~ city who slmlI be respor~ible for the parch ' ' i of all supplie~, materials, equipme, u~ cud other ardcles used by ¢.n c:~*¢~ ~m;nt cr a.~c)' cf the mmfici~at government; All puzchases or sale, of dry properS' Shall be subject to the approval of the city, commission and shall conform Ko such reg'alations .as ~e ciD' commission may fi~m time to time pmsc.d_bed, Except as provided in section 2-$6.1 all purchases or sales of person/[ ~ro~ertv, eor~nodit{es aud.~ervicez L~voivir~ amo~mt~ in ¢~:¢¢ss of_ .~.vo twent'v-fiYe thour, aud dollars (_$25~000'}, or cor~trucfion involvine }a.mounm of ~-'v~nt-V- fiv~ thousmd dollars:/575,000). ~hal! b~ made only after the publishing of an advertiSement 6f bids m~e0n in a newgater Of general 9irculmon in the city at least one (t) time; not les, :than eighc(8-)-~or to the date and time Set for the iccepti0n of such bids, toge~lSer with .;. geo. 2-56.1 ExCeptions to eompetitiV* bidding. (al Co) The purchase or sale ofauy real property ... On ~my purchase of personal property, commodities, or scrvicc$ /rrvolvbx~ ten thc.~mxd icll:-~. 510,009 :wentv-five thor~..a!.d ($25.000.001. or con~=ncfion ',_e~ ~an aevem-v-five f$7$:OOO_OG) the eiB' manager sh~li estab.li*h prOCuremenT policies. The orocur~mem policies shall ~rov/de for obrainJu.g sufficiem Crichus and ~roduct qugtmxS~ns to cn~ure that thc~x,cdm~ services, or Construction being procured is ~e hi~he~t qualify at the mos~ reasonable co~. Such oro¢_edure shall reoui~e the Creparat/on and ma/n~enauce of '~rkte~ ~meords which ackeo~uate]v document the nuotafions obtained. ~roperrv account FOr the ~ e×oended, and £aedHmte an sudit o~ Furthermore. the city manager, or in the city-man~e~s absence, the acting ~irv rn~.~er is ~xchmi;':R' aurhori?~! to ~x~ut~ ,a~rc~ order ~ on b~half~f tl~ city for tach pUrch~ei ...mtder th~$25_d00 t30 bid '&rreahald fr~r l~r~onal property, zorrancditie* ~md ~rvioe,: Or $75_000 for ¢~mtmctiom On the purchase of personal property if the city manager shall maintain that an emergency exists in regard to the p~rChase 0fany commodity *o that the delay [ncidemt to ~'ing opportunity, for comp~fi-tive vi ~dJng;,w.,ould he :detrimimtal to statement ~¢rtiflrimg the c, ond~iionS~and eii'ca~m.<mncem The wmtt*n statement ~]~ be kcp~ ~Sth the p 'm'c~¢ 9rden This f, mergencv ma'chase thc hhrcshold for purchase, Commodities a,;ailabl¢ only from a s/nile mmme ma)' b~ ~x¢~p;ed ~om bid ~e ~ele source v~c~e ~11 be m~e ~m ~e v~dor a~ ~e ~mfi~ of On any purchase of personal property where the funds for the price of the entire purchase are being supphed by mother governmental agency and no hmd,qofth¢cilF ' ' purc. h~se, pr/c~, th~, ' are, being used towards purchasin~ ae~nt ~ may elect to follow th~ competitive bidding rr, qmrcmmt~ of thc g~vermm*atal a§cmcy wkioh i~ *applying thc fund~ for thc (D The p~.wchasing agem m~, ~om the F~er~ 0~ S~c~ A~inis~don ~n~q ~e Stye of P ........ = ........ S~te Co~. SNAPS, ~SPECT. ~E:, or it herev~th be and the same are ~ ~y ~:~on~or L:~ows~on.,bl~ th/~, fi~lmanc¢ or po~on h~f, ~y such d~smn s~l not affect ~e r~mnder of ~s ore.ce, S~on ~. ~ ~,her~by~t~ ~9 ~ s~:or~ce, $~Oh 7, ~ ore.ce ~lt b~e e~ve ~ely upon p~sage. : F~T~G th~ d~,of , 2001. day of__ CITY OF BOYlq'fON BBACH, FLOK!DA IViayor Vice Nfayor Commissioner Commissioner Comm{ssioner ATTEST: City Clerk (COP~OP.~TE SEA.t) 12t 101.doc~.~ ORDENANCE NO. 0 01- ~*/4~ AN ORDINANCE OF THE CITY COM_MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AMENDING CHAPTER 2 ADMINISTRATION. ARTICLE IV; SECTION 2-56 AxND 2-56.I. INCREASING BiD THRZSHOLDS; PROVIDING EXCLUSIVE AUTHORITY TO THE CITY MANAGER TO EXECUTE P~CHASE ORDERS UNDER THE BlT) THRESHOLD A~MOUrNTS, AND REDEFINING WHEN COMMISSION ACTION IS REQU'!P,_ED; PROVIDING FOR CONFLICTS, SEVERABILITY. CODIFICATION ANT) AN 'EFFECTIVE DATE. WHEREAS, upon the recorrLmendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2 Section 2-56 and 2~56.1, by increasing the bid threshold amounts for personal property, commodities and services to $25,000 and for construction projects to S75,000, providing exclusive authority to the City Manager to execute purchase orders below the threshold amounts, and redefine vhen Commission action is required; NOW THEREFORE, BE IT ORD.M[NED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, THAT: ;ection 1. Chapter 2 "Administration" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures m struck-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties: competitive bidding The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase, storage, and distriSation of all supplies, materials, equipment and other articles used by an office, dzpartmcnt ,er agency of the municipal govermment. All purchases or sales of city property shall be subject to the approval of the city commmsion and shall conform ro such regulations as the tory commission may from time to time prescribed. Except as provided in secuon 2-56.1 all purchases or sales of personal property, commodities and ser~ ices involving amounts in excess of 4~,~e twenty-five thousand dollars (525,000), or construction involvin~ an~ounrs of se~entv-five thousand dollars (575,000), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulatton in the city at leasl one (1) time, not less than cigb2 ~Sx, _ten (10) days_prior to the date and time set for the reception e f such bids, together with .. Sec. 2 56.1 Exceptions to competitive bidding. S:\CA\Ordinances~dministrative\Purchasing Amendment <B's Vers~on).dOC (M (d) (e) The purchase or sale of any real property ... On any purchase of personal property, commodities, or services involving amounts m less than ~,..~o , ~' ~'"~ ~' ~-~ Izzz than ............................. ~venw- ye thousand ,000. . or constmc-tion less th~ sevemv-five ~575.000~00) the city m~ager shall ¢61ici'~s.; Tl(e' 0olicies shall: provide tbr , ensure that the ~oods uatitv at the mos~ the preparation ~d ' document the quotations and tkc~Iitate an audit oF the pu Furthermore, the c~ity manager ~s exclusively au?ofized to execute a purchase order az'~5.::trcTc~=on behalf of the cily fcc su6~,lS/trdhases tinder ~e S25 000 00 bid fiTreshold four personal prope?sy, eonuno~diti[2~ and services, or S75.000 for construction. On the purchase of personal propeGy if the &ty manager shall maintain that an emergency exis{cs in regard to the purcl~ase of any cbmmod~t~ so that the delay incident to giving opportunity for competitive..yiding would be dethmental to the interest of the city, then the city manager shall file w.;th th~ ~;~ .... ~.~' a statement under oath certifying the condit~0ns arid eircUmstances. The wmten statement shall be kept with the purchase 6rder.. This ememencv ¢urchase witl be presented to the city commmsion at the earlies~ meetin~ if it exceeds the threshold for purchases. Commodkies available only from a single source may be excepted from bid requirements upon **'~.,~ filing ~: .... v .......... ~ ~ .................. .... ~.^.~ ...... ~. ..... ~'~o~ ~ ....... o,a. A letter is reqaired from the vendor and the sin~ie source purchase will be made from the vendor at the discretion of the purchasinu aeent. On any purchase of personal property where the funds for the price of the entire purchase are being supplied by another governmental agency and no funds of the city are being used towards the purchase price, the airy ,manage* ~-;~ ~; ...... ; ...... olo,-t t,, follow the competitive bidding purchasing a~em at requirements of the governmental agency which is supplying the funds for the (fl The purchasing agent may award a contract by accessing purchasing items from the Federal General Services Administration Contract, the State of Flonda ............ ~ ......... State Contracts~ SNAPS, RESPECT. PRIDE;~ or other purchasing contracts of any departments or subdivisions of the State of S:\CA\OrdlnancesgAdministratlve\Purchasmg Amendment (KB's VersJon).aoc Florida; or "pm~v-back" of other 2overnment or national alhance bids without the competitive bidding process required by this article._: pro;uded that thc budget allocation ~s approved bx Commission. as pa~ oF the bLtd~et adoption For the fiscal year. ail items purchased in relation to Paragraph F will not require ~mher Con2iss~on acnon ~less a Ibm~al contract m invoNed. Section 2. Each ~d every o~er provision of Chapter 2 of ~e Code of Ordin~ces of the City of Boston Beach not herein specifically amended shall remmn in full force and effect as previously enacted. Section 3. All ordin~ces or p~s of ordin~ces in conflict herewith be ~d ~e sme are hereby r~ealed. Section 4. Should ~y section or provision of tMs ordinance or pomon hereof. ~y p~agaph, semence or word be decl~ed by a cou~ of competent j~sdiction to be invalid, such decisron shall not affect the remainder e f ~is ordinance. Section 6. AuthofiW is hereby g~ted to codify said ordin~ce. Section 7. This ordin~ce shall become effective i~ediately upon passage. FIRST ~ING tMs day of ,2001. SECOND, FIN~ ~ADING AND PASSAGE this day of ,200. CITY OF BOSTON BEACH, FLORA ATTEST: City Clerk CORPOPokTE SEAL) Mayor Vice Mayor Commissioner Commissioner Commissioner ,: \CA\OrdinancesL~,dmlnlstrat~ve\Purc~aslng Amendment [KB's Version ).aoc Requested City Coramtsston Meeting Dates [] November 20.2001 [] December 4. 2001 [] December 18. 2001 JanuaD 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn to Cltw Clerk's Ofiice Novernber 7. 2001 (5:00 p.m. November 2] 200] 5:00 December 5. 2001 (5:00 p.m. December 19. 2001 (5:00tzm. Requested City Cormmiss~on Meetine Dates [] January 15. 2002 [] February 5. 2002 [] Februa~ 19.2002 [] March5.2002 XlI. - LEGAL ITEM A.4 Date Final FoIm Must be Turned in to Cirx Clerk's Office January 3, 2002 (5:00 p.m. January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City, Manager's Report RECOMMENDATION: Please place this request on the January 2, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Corran/ssion unankmously approved this request at its December 18. 2001 meeting under Ordinances - First Reading. For further details pertaining to the request, see Department of Development Memorandum No. PZ 01-221. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTON BEACH James Barretra Calvary Chapel o£Boynton Beach South side of Hypoluxo Road approximately 1.200 feet west of Congress Avenue Request to annex an 8.84-acre contiguous parcel to be master planned for a church campus. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develop ~ae~?ikra~t o r City Manager's Signature Planning-and Zo~m{~ D/rector City Attorney / Finance / Human Resources S:kBULLETINkFOP~MSkAGENDA ITEM REQUEST FOP~M.DOC ORDINANCE.NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF CALVARY CHAPEL OF BOYNTON BEACH; ANNEXING A CERTAIN ~eOtLPORATED ~RACT OF LAND THAT IS CONTIGUOUS TO THE CITY L13.~ITS WITHIN PALM BE%CH COUNTY AND THAT WILL. UPON ANNE, .XATtON, CONSTITUTE A REASONABLY 'COMPACT ADDITIoN TO THE CITY TERRITORY, PURS~JAAxFT TO A PETITION BY THE OVFNFER OF SAID ~CT OF LAND, REQUESTING ANNEXATi0N:PURLS~ANT TO '~i~CLE-"I/.SECTION 7 (32)OF THE CHA~TER OF THE CITY OF BOYNTON BEACH, FLORJD& ~AND SECTIONS 17L044, AND 171.062(21, FLoP, JJJA STATUTES; I~RoViDING THE PROPER ~ 'LAND USE I~ESI~NATION AND PR@P~R'~iw :ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSEl) SIMULTANEOUSLY HEREWITH; PROVIDINGs: i EOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE; PRQVIDING THAT THIS ORD!~,AN~ CB SHALL BE ~I~."~ED WITH THE CLERK O~ 2~I-~ cIRcuI~ cb~Ul~"iO~ PALM BEACH COUNTY, FLOR1])A, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the :levelopment o f an Annexation Program; and WltEREAs, Calvary Chapel of Boynton Beach, through its agent James Barretha, 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 aPPr°ximately 8.84 acres; and W}IEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance With Article I, Section 7 (32) of the Charter of the City and Section I71.044, 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 Bo3mton Beach, and will, upon its annexation? ?onstimte a reasonablY compact addition to the City territory. NOW~ TFIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THECITY OF BOYNTON BEACH, FLORIDA, THAT: SeCtion 1. Pursuant to Article Io Section 7 (32) of the Charter of the City of FlOrida and Section 17L044, Florida Statutes the following described ~corporated and contiguous tract of land situated and lying and being in the County of palm Beach, Florida, to wit: The East one-half of the East one,half of the Northwest one-quarter of the Northeast one-quarter of Section 7, Township 45 South. Range 43 East. Said lands situate, lying and being in Palm Beach County, Florida. Subject to Easements and Rights-of-Way of Record. Contain/ng approximately 8~84 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 incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, is hereby amended to reflect the annexation of said tract of land more particularly 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City designation and Land Use category is being determined as contemplated in Section 71.162(2), Florida Statutes. Section 4. epealed. Section 5: All ordinances or parrs of ordinances in conflict herewith-are hereby Should any section or provision of this Ordinance or any portion thereof e declared.l~y a court of competent judsdictionto be:invalid, such decision shaSl?not affect the mainder o f this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised br two (2) consecuhve weeks, in amewspaper of,general circulatiomin the City of Boymon leach, Florida, as requiredby the.City.Charter and Section 171.044, Florida Statutes. Section 7. Tlns ordinance shall become effective immediately uponpassage. Section 8. Specific authority is h~reby g~vento codify this Ordinance. Section 9. This ordinance, after adoption, 'shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this I~ day of~, 2001 SECONrD, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:¢a\OrdkAnnexafi~ Canary Churchl21101 DEVELOPMENT DEPARTMENT PL.4aN~-NENG & ZONnI2NG DIVISION M~EMORAi~DLf~I NO. PZ 01-221 TO: FROM: THROUGH: Chairrri~n and Members Michael W: Rumpf Director of Piarming and' Zoning DATE: November 14, 2001 PROJECT DESCRIPTION P~'ojecffApplicant: Calvary Chapel o£Boynton Beach Agent: James Barretta Owner: Calvary Chapel of Boynton Beach Location: South side of Hypoluxo Road approximately 1,200 feet west of ConFess Avenue File No: Annexation (A2NEX 01-004) Land Use Amendmenr/Rezoning (LUAR 01-007) Property Description: Vacant property consisting of± 8.84 acres ofland located in un_incorporated Palm Beach County, classified HR-8 (8 du/ac) and zoned AR. Proposed change/use: To annex the subject property, to reclassify from HR-8 (8 du/ac) to Moderate Density Residential (MoDR), and rezone from AR ro Plan_ned Unit Developmem (PUD). To be developed as a church ~4th ancillary day care, school and congegate living facility. The site plan t~%VSP 01-0t I] is being processed concurrently and ~vilI also be reviewed and approved to fulfill the master plan requirements for the PLrD rezoning. Adjacent North: Laud Uses and Zoning: Right-of-way of Hypoluxo Road. then developed property [sing!e family resident/all classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meado~vs 300 PUT)) classified overall as Low' Dens~ry Residential (4.48 dudac and zoned Planned Unit Development with a land use intensity, of 3.38). That portion of the PUD irnrnediately adjacent to the subjec~ property contains multi-family apartments rMeadows Club' developed at densities ranging [rom 7.4 to 10.4 alu/ac. East: Developed property (Meadows 300 PUD classified overall as Low DensiD, Residential r4.48 du/ac' and zoned Planned Unit Devetoomem [w/nh a land use inrenstD' of 3.38~. That portion of the PUD immediately adjacent to the subject propmwy contains mulfi-farniiy aparrrnems (Meadows Club developed at densities ranging from 7.4 to 10.4 dLVac Page 2 Calvary Chapel of Boynton Beach File Numbers: ANrEX 01-004 and LUAR 01-007 West: Vacant property classified Moderate Density Residential (MoDR), zoned PUD (with a'Iand use intensity of 5.0) and owned by the Palm Beach Coun~ School District and currently '~eing developed for an elementary school (97-M) PROJECT ANALYSIS Pursuant to "Chapter 2, Zoning", 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 rezonLngs are to be:reviewed as indicated in "Chapter 2, Zoning", Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Furore Land Use Map desigaation for properties to be annexed w/th/n this vicinity. Instead, staff analysis will relate to consistency with other relevan~ ~o~ons~oftheiComprehensive Plan, the city's armexarion program and service capability. This property is itss than I0 acres in size, and therefore this proposed amendment to the comprehensive pi. an 5s considered a "small-scale" amendment and is ~aotsubject to "compliance review" by the Florida Department of Community Affa/rs CDCA). This means that the proposed amendment,Al approv, ed 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 la~v allows the annexation of enclaves that are less than 10 acres without the consent of property owners through an interlocal agreement with the County: however, in this msrance, the annexation is at. the request of the property o~,mer. The anne~xat/on of this parcel is consistent with policies within the comprehensive plan addressing armexafion, 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 ail enclaves le~s 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 are consistent with the recommendations of Section VI//Land Use Problems and Opportunities, found in the support documents for the 1989 Ciw of Bcvntun Beach Comnrehensive Plan. Sub-section 6.a. of that document recornnaends that upon annexation, the parcel should be designated Moderate D?nsity Residential in recogn/rion of the high density to the south and east, but that development should he limited to a maximum of nvo stor/es on the northenn_ t 50 feet of the property in consideration of the single famiIy development across Hypoluxo Road. A request for site plan approval (NWSP 01-011) has been submitted concurren~ with the requests for land use amendment and rezoning. In connection with previous amnexation studies, deparnnenrs most affected by annexations (e.g Police, Fire, and Public Works), have been surveyed for issues related to service capabihty and costs. All opnnons previously collected from these departments supported the incremental annexation of enclaves. These opnnons have been based on the following: I) The enclaves are ali immediately adjacent to areas within the city that cu~ently receive urban serv/ces; Service capaci~ exists to serve isolated unincorporated enclaves: and Most enclaves currently recetve ser~'~ce from the ci~ via a formal or informal mutual aid agreement [Police and Fire/E~[S only). Page 3 Calvary Chapel of Boynton Beach Pile Numbers: ANEX 01-004 and LUAR 01-007 With respect t0.Tfaffi¢ Concurrency, the Palm Beach County Traffic Division has reviewed the project and determined that it meets the Traffic Performance Standards of Palm Beach County and submitted the following suggestions: 1) Exclusive left and right-mm lanes to be provided (in cases where there are no existing mm lanes) at th6 project access driveway. 2) Appropriate safety measures to be implemented to accommodate project traffic exiting the project access driveway. PROPOSED MASTER PLAN' The applicant is proposing to rezone from AR-Agricultural Residential (Palm Beach County zoning) to Planned Unit Development (PUD) in preparation for development of a church with ancillary day care, school and congregate living facility. Tt~e site plan ~SP 0I-0t 1) will also be adopted as the master plan for the PUD. As defined within Chapter 2.5-Planned Unit Developments of the Land D~yelopment Regulations, a '!planned unit development: IS land under unified control, plap_ned and developed as a whole in a single development operation or an approved programmed series of development operations for dwelling units and related uses and facilities; Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of wh/ch it is a part; Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for ali buildings except for single famhly homes intended to be located, constructed, used, and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and unit development, but will not be provided, operated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amen/ties w/thin a PUD, and physical character of the site, submi~aI cfa site development master plan is required at the time of request for zoning to PUD. The proposed site plan CN%VSP 0 I-011), which is being processed concurrently, is attached (Exhibit "B") and w/lI aisc fulfill the Master Plan requirements of the PUD. The Master Plan contains, in part, specific site standards for future development of the parcel. The proposed Phase 1, of the four (4) phase project, consists of a 2 t,250 square foot church ~vith accessory daycare. The second, third, and fourth phases consist of constructing a private elementary' school for 242 students, a 48 bed Congregate Living Facili~' (CLF), and expanding the church's seating capacity by 250 seats. However, phases two (2) through four (4) will require separate site plan approval, subject to Planning & Development Board and City Cormmission reviews. CONCLUSIONS/RE COMMENT~ATIONS 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; and xvitl be compatible ~vith adjacent land uses. Therefore, staff recommends that the subject requests for land use Page 4 Calvary' Chapel of Boynton Beach File Numbers: AN'EX 01-004 and LUAR 01-007 amendment and. rezoning/master plan be approved If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they w/Il be included as Exhibit ATTAC~V~ENTS LOCATION MAP calva-¢~ .Cli~-p-el 6-f Boyntdri Be~i~h EXHIBIT "A" PUD LUI: ITE LU~: Requested Ci~_ Coramission Meetin.* Dates [] November 20.200 [] December 4. 2001 December 18.2001 Januar) 2 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ciw Clerk's Office November 7, 2001 5:00 p.m. November 21. 2001 (5:00 p.m. December 5, 2001 (5:00 p.m. December 19. 2001 5:00 p.m., Requested City Commission ~Meeting Date~ [] January 15, 2002 [] February 5. 2002 [] February 19, 2002 [] MarchS. 2002 XIL - LEGAL ITEM A.5 Date Final Form Must be Turned in to City Clerk's O£fiqe January 3, 2002 5:00 p.m lanuary 16, 2002 '5:00 p.m. February6, 2002 5:00 p.m. February20, 2002 '5:00 p.m. NATUIIE OF AGENDA ITEM [] Administrative ~ Development Plans 1-- Consent Agenda [] New Bnsmess [] Public Hearing [] Legal [] Bids [] Unfinished Busmess [] Announcement ~ [] Presentattun [] City Manager's Report RECOMMENDATION: Please place this request on the January 2:2002 City Commission Agenda under Legal. Ordinance Second Reading. The City Cornm~sion unammously approved this request at its December 18. 200 meeting under Ordinance - Fkst Reading. F°r fi~rther details Pertaininz to the request, see Department of Development Memorandum No. PZ 01-22 [. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CALVARY CHAPEL OF BOYNTON BEACH James Bm'terra Calvary Chapel of Boynton Beach South side of Hypoluxo Road approximately 1.200 feet west of Congress Avenue Request Land Use Amendment from HR~8 Palm Beach County Designation) to Moderate Dans~ry S/ngle Family Residential (MoDR and to rezone from Agricultural- Residential ~ Palm Beach County Zoning to Planned Unit Development (PUD ~. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Planning and Zoning Director City Attorney / Finance Human Resources S:~PIannmg\SHARJ~D\WPkPROJECTS\Calvary Chapel Boynton Beach~kUARkAgenda Item Request Calvary ChapeLLUAR 1st reamng 1-2-02.dot S:LBULLETIN~FOP,.MS AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN ORDEN'A~NCE OF THE CITY COIVEViISSION OF THE CITY OF BOYNTON BEACH. FLORIDA. REGARDEN'G PROPERTY LOCATED SOUTH OF THE SOUTH SIDE OF HYPOLIvU(O RO.a~D, APPR0~Tf~LY' !,200 FE~E~ w~s'r OF eON~P~SS ^VZNtm-(CXW~¥ C~a'E~ ~. )zvm~m'o OPOm~CE 897~ 0F S~ %T.Y BJ ~'aE~mC THE: FUTU~ L~Cr~. USE ELmEST O THE CO~RZH~Nsr~'E PL~ OF THE CITY BY ~OP~G THE PROPER L~ USE OF CERT~ PROPERTY, MO~ P~TIC~Y-DESC~ED HEm~ c~o~= FROU 2-a (~ B~aC COb~TY~ ~O ~OOE~ V~NStTY ~SmEN~ (CttV); PROVmmO FOR CO~IC~S, SE~m~TX WHEREAS, the City Commission of the City of Boynton Beach, Florida has dopted a Comprehensive Furore Land Use Plan and as-part of said Plan a Furore 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 WltEREAS, 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 herren. 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 ¢Ioderate Density Residential (City). Said land is more particularly described as follows: The East one-half of the East one-half of the Northwest one- quarter of the Northeast one-quarter of Section 7, township 45 South, Range 43 East. Said lands situate, lying and being in Palm Beach County, Florida. Subject to Easements and Rights-of-Way of Record. Containing approximately 8.84 acres of land. Section 2: TI-mt any maps adopted inA¢cordance with the Future Land Use Element shall be amended accordingly. Section 3: Ail 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 be declared by'a' court of competent jur/sdiction 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 itin compliance. FIRST READING this I~, day of~.,~l~, 2001. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk ICorporate Seal) s:ca\crd Land Use CaNary Chumh 121101 XII. - LEGAL ITEM A.6 ORDI:NANCE NO. 0I- gq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY-NTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE CALVARY CHLFRCH (A - 8.84 ACRE ?ARCEL LOCATED AT THE SOUTH SIDE OF HYPOLUXO ROAD. APPROXIMATELY 1,200 FEET WEST OF CONGRESS AVEN~E); AMENDING ORDINANCE 91- v0 OF SAD CITY BY REZON-ING A CERTAIN TRACT OF LAND MORE PARTICULARLY' DESCRIBED HEREIN. FROM AR (PALM BEACH COUNTY) TO PLANNED UNIT =DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERAB1LITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Flor/da has ;dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the CALVARY CHURCH. as owner of the property more mrticniarly described hereinafter, has heretofore filed a Petition, through their agent, 'ames Barretta. pursuant to Section 9 of Appendix A-Zoning, of the Code of Irdinances, City of Boymon Beach, Florida, for the purpose of rezoning a certain 'act of land consisting of _+ 8.84 acres, said land being more particularly described ereinafter, fi:om AR (Palm Beach County) ro PUD {Planned Unit Development); nd WHEREAS, 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, THAT: Section t: The follov~i!~g c[escribed lancl, located in the City of Boymon Beach, Florida as set~ forth as follows:. The East one-half of the East one-half of the Northwest onecquarter of the NO~heast one-quarter of Section 7, townshipt.~45, Soutl'h ~.~an. ge,43 East. Said lands situate, lymg~d ,bemg~m P'4!$ Be}ch ~,(~ui't, ~ Elonda. Subject ~to Easera~ts,an~Ri~hi~:O.~-..Way i)};Record. Comaining appr0x~matety 8~84 aeries oftand. ~e and the same is hereby rezoned from AR (Palm Beach County) to PUD (Planned Unit )evelopment) A location map is attached hereto as Exhibit "A" and made a par~ of this Irdinance by reference. Attached as Exhibit "B" is a copy of the conditions/requirements )r this rezoning, which are incorporated herein. _Section 2: That the aforesaid Revised Zoning Map of the City shall be amended iccordingly. Section 3: All ordinances or parrs of ordinances in conflict herewith are hereby ;pealed. Section 4: Should any section or prowsion of this Ordinance or any portion ~ereof be declared by a court of competent jurisdiction to be invalid, such decision shall o~ affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this [~ day of "~~, 2001 SECOND. FINAL READING and PASSAGE this __ day of ,2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Cormmssioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ~:¢a\Orfl\Rezmmg C alv~r7 Church LOCATION MAP Calvary Chapel of Boynton Beach EXHIBIT "A" ITE EXHIBIT Conditions of Approval Project name: Calvary Chapel File number: NSVSP 01-010 Reference: 2na review plans identified as NW~SP 01-010 with a Planning & Zoning date stamp marking of October 23. 200 t. DEPARTMENTS INCLUDE KEJ'ECT PUBLIC WORKS - General Comments: None X P~BLIC WORIiS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comlilerits: 1. Mod/fy the proposed lake and typical sections to show an 8:1 stope with the X lake maintenance easement and a 4:1 slope from the easement to 2 (two) ft. below the water control elevation (LDR, Chapter 6, Article IV, Section 5.B.2.d). 2. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 3. Proof of other agency perm/ts shall be required prior to the issuance of the X paving and drainage permit. BLrlLDING DMSION Comments: Conditions of Approval DEPART~MENTS INCLUq2) E REJECT 4. At time of permit reBew submit signed and sealed work/ng drawings Qfthe X proposed constrdction. 5. At time of permit revidw-, sulsmit a copy of the recorded'resolutmn that X verifies the abandonment of the FPL easement located in the freddie of the subject property. 6. Add to thesubmitmt a partial elevation, view drawing of th~ prop0se~ perimeter fence. Ide~lafy the type of the fence material and the type of material that Supports the fence, including the typical distance between supports. Also, provide a typical section vie~v drawing of the fence that . incl~d/es the depth that the fence supports are below finish grade a~d the height that~ the fence is~above finish grade. The toca¢ipn~ arid height of[he fence ~shalI corral7 with the fence regU}ati~ns specified in the Zoning Code. 7. At the time of permit review, submit for re,Aew an addressing plan for the X project. PARKS AND KECRE~TION X Comments: None FORE STER/Eb/VI~ON~ENTALIST __ Comments: 8. Trees with roots known to cause damage to public roadways or other public X works, such as Strangler Figs shall not be planted (Chapter 7.5, Article ti, Section 5.C.2.). The proposed Strangler Fig in the daycare area shall either be omitted or replaced w/th a permitted species. pLAxNNING AND ZONING Comments: 9. The project is being reviewed as a Master Plan and Phase I site plan only. X Separate site plan approval will be required for all subsequent phases as described herein. 10. In order to construct a bridge across the canal onto Hypolmxo Road, this X project must obtain authorization from alt applicable permitting agencies prior to the issuance of any building permits. In addition, provide documentation, such as an access easement, that the site has legal ingress/egress from Hypotuxo Road. l 1. The landscape plan shall include the following notes, "FDOT Type D or F X curb shall be provided along the perimeter of all landscape islands". DEPARTMENTS ,, ~'CLU'DE REoEECT IZ Indicate the distance the monument sign will be from the property line, The X monument sign must be at least 10 feet from the prope,'l7 line. 13. The directional signs #2 and #3 shall be installed dunng phase 2 and X subsequent phasesbfthe Master Plan. I4. In the tabular data on the Master Plan, eliminate entry 5.g. (other pervious X area- 0 acres). 15. On the Master Plan, correct the total number of required parking spaces in the X tabular format for the youth meeting room so that the tabular number matches the number of required parking spaces shown on the plan. I6. On the Master plan tabular data, the setback information must match the X - gaphic representation, 17. Sculptures, fountains, gardens, pools, and benches shall be encouraged within X the site design (Chapter 9, Section 10. H.). 18. All above ground mechanical equipmeni such as exterior utility boxes, X meters, and transformers Shall be visually screened (Chapter 9, Section 10.C.4.). 19. The proposed monument sign shah clearly indicate the site address. X 20. Palm Beach County Traffic Division recommends exclusive lef~ and right- X mm lanes are to be provided (in cases where there are no existing turn lanes) at the project access driveway, 21. Palm Beach County Traffic Division recommends safety measures be X implemented to accommodate.proj ect traffic exiting the project access driveway. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONT)ITIONS Comments: 22. NONE X ADDITIONAL CITY COM3dlSSION CONDITIONS Comments: ~0 ~%~.~ ~ L/ ' 23. To be deterrrfined. DEVELOPMENT ORDER OF THE C',TY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel of Boyn[on Beach APPLICANT'S AGENT: James 3arretta APPLICANT'S ADDRESS: 5484 Woodland Drive. De[ray Beach, =L 33484 DATE OF.HEARING RATIFICATION BEFORE C ~ COMM1 SS]ON: December 4. 2001 TYPE OF RELIEF SOUGHT: New. Site Plan LOCATION OF PROPERTY: 3190 Hypoluxo Road DRAWING~ S): SEE EXHt~IT "B" AT-I'AC HEB HERETO, X THIS MATTER came before the City Commission of the City of Beynton Beach. FIorida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board which Board found as follows: OR THIS MA'Ft'ER came on to be heard before the City Commission of the City of Boymon Beach, Florida on the date of headdg stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members pfc]fy 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 form on Exhibit "C" with notation "Included", 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 ~ssuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. ~ ~ .'"¢~4X" ~ ~ -- . ~'~ .... _~ ] ~ / ] Ci~Clerk %TS:~i~D,~ROJECTS,CaIvaW Chapel Boynton B~S~Deveioo,Order Fo~-2001-Revised.doc '"",,J,F RESOLUTION NO. XlI, - LEGAL ITEM C,1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. ESTABLISHING REVISED GEOGRAPHIC BOUNDARIES FOR THE -CITY S" VOTING DISTRICTS AND PROVIDING AN EFFECTIVE DATE. WHI~ REAS, Charter Section 17 (f) requires that the geographic boundaries of the City's voting districts be periodically reviewed and re-designated with the assistance of an outside consultants; and WltEREAS, the City Commission has engaged the services of outside consultants, reviewed the. re-districting options presented by the consultants, and conducted public heatings to hea~ and consider the opinions of the citizens; and WHEREAS, the City Commission has determined the district boundaries set forth in this resolution properly establish voting districts which are of equal population, compact, proportional and lo~cally related to the natural internal boundaries of the neighborhoods within the City; and WHEREAS, the City Commissioner has relied on the expertise of the outside consultants retained by the Commission to study the re-districting options and adopts the findings and recommendations of the consultants as those of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEA ~H, FLORIDA AS FOLLOV~'S: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being n-ue and correct and are hereby made a specific pan of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach hereby adopts the re-districting plan attached hereto as Exhibit "A", and established the voting district boundaries as described and depicted therein SECTION 3_. The City Clerk of the City of Boynton Beach is directed to forward copies of this Resolution to the Palm Beach Supervisor of Elections and the State of Florida Secretary of State. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby rePealed to the extent of such confliCt. SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in C:\W[NI ~WSXTemparary [nternet Files\OLK8353h'e<lis~ctingl doc 1 paz¢ or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6. This Resotution shall become effective upon adoption. P~SED OF BO5~'TO? COMM}SSION OF THE CITY THIS , ~; . DAY O!F , 2002. MAYOR ;OMMSSION ER COIvLMtSS[ONER COM/VlIS SION~R COMMISSIONER ATTEST: IANET PRAkNITO. CITY CLERK LPPROVED AS TO FORM: 'AMES A. CHEROF, CITY ATTORNEY C:',WRN WS\Tem~orary Intemet Files\OLK8353h'eqlistnctmgl doc 2 Xll. - LEGAL ITEM C.2. NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2002-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future LandUse Map, Official Zoning Map and Land Development Regulations, a study period to: A. Identify existing uses and development characteristics of property zoned for industrial uses within the Affected Area: B. Identify existing uses and development characteristics of properties within the vicinity of the Affected Area; C. Evaluate the best use and zoning for both developed and undeveloped properties within the Affected Area; D. Evaluate existing zoning and site regulations applicable to the Affected Area; AFFECTED AREA The study area ("Affected Area") shall be specifically described as the area bounded by the Lake Worth Drainage District (LWDD) L-28 Canal on the north, the existing M-1 zoning district boundary on the east, the LWDD L-30 Canal on the south, and Congress Avenue right-of-way on the west (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) Addition or deletion to permitted, conditional or prohibited uses within the M-1 zoning district applicable to the Affected Area; and Creation of overlay zoning district with design criteria and specified industrial, office, commercial and/or residential uses applicable to the property within the Affected Area. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED If findings from study reveal potential land use incompatibilities between the Affected Area and adjacent properties and uses, the intent of new regulations generated from the study will be to minimize potential impacts of uses within the Affected Area upon adjacent properties. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE ST, UDY AND MAY BE AMENDED LDR. Chapter 2, Section 8 Industrial district regulations and use provisions LDR. Chapter 7.5. Arricle II Landscape Code PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The plarming smdyincl:uding formulaUon of recommendations is estimated to take.6 m0n~s. If additional ti~ne is required ~o complete the study due to the sCOpe Or magnitude of the regulatory changes, a request for extension may be, iequested by the D~e!6Pment Department- The City Commissions follo~g public hearin, g on the reque .st for extensmg ~a¥ extende_d tiffs .Not,ce of Intent for an additional period as specified by the City Commission at the time of extension. STAGE OF THE REVIEW 'PROCESS THAT THE .STUDy :PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all new applications for industrial development or uses within the Affected Area shall be limited to conditional use and occupational hcense applications for all uses permitted under the Land Development Regulations, Chapter 2. Zoning, Section 8.A.1 (Permitted uses no'distance requirement), and permit applications for previously approved developments or minor modifications of existing approved projects. All uses listed under Sections 8.A.2, 8,A,3, and 8.A.4 shall be considerdd p~liibited ~tses while this Notice of Intent is in effect. This Notice of Intent shall only apply to said applications accepted by the City after the Notice of Intent is executed. COLLATERAL DOCUMENTS Development Department Memorandum No. 01-279 ADDITIONAL NOTICE The Notice of Intent shall be posted in the Development Department and in the nonce case located at the main entrance to City Halt A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. Following issuance of this Notice of Intent. the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electromc mail or m person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Deparunent Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: December 31. 2001 Adopted by Resolution number R00- Beach, Florida the day of of the City Commission of the City of Boynton _, 200__. By: Office of the City Clerk XII. - LEGAL ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] November 20, 2001 [] December 4. 2001 [] December 18 2001 [] January 2, 2002 Date Final Form Must be Fumed in to City Ct~rk's Office November 7. 200[ (5:00 p.m.) November 21. 2001 (5:00p.m.) December 5. 200I .5:00 p.m. December 19.2001 (5:00p.m.) Requested CiW Commission MeetineDates [] January15, 2002 [] February 5, 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to City Cl~k's Office January 3, 2002 (5:00 p,m.) January 16. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.n~) February 20, 2002 (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 this item on the January 2, 2002 City Comrrfission agenda under Legal - Resolutions. Staff recommends this resolution be approved which represents the issuance of a "Notice of Intent". m preparation for the conducting of a planning study and possible changes to zoning and developmem regulations applicable to the M-l-zoned properties located on the east side of South Congress Avenue. EXPLANATION: Staffhas been dkected to conduct a planning study on the group of properties zoned M-1 and located on the east side of South Congress Avenue. In connection with th/s study, staffhas been directed to process a Notice of Intent (NOI) for the period required to conduct the study. The NOI represents a formal announcement of said planmug activities, study period, and temporary additional regulations applicable to development within the affected area. The study area (a.k.a "affected area") is described as the area bounded by the Lake Worth Drainage District iLWDD) L-28 Canal on the north, the existing M-1 zoning district boundary on the east the LWDD L-30 Canal on the south, and Congress Avenue right-of-way on the west (see attached Exhibit "A"). The effective period of theNofice of Intent will be established by the comrmSsion within the attached resolution. Staff anticipates that 6 months will be needed to complete the study and formulate and implement any necessary recommendations. For further details on this resoluliun and the planned study, please see accompanying Department Memorandum No. PZ 01-279. PROGRAM IMPACT: N/A. FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution and this mechanism to implement specific regulatory measures during the study period. ~ / ] ~ Developm~ti~Ife~atXtmeTnt Director ' City Manager s Signature Planning ~nd Zonm~ l~irector City Attorney / Finance / Human Resources S :kPIanning~SHARED\WP~S PECP Re JkSouth Congress Ave StudykAgenda Item Request NOI 01-02-02.dol S:XBULLETIN~ORM S~AGENDA ITEM REQUEST FORM.DOC XIL - LEGAL ITEM C.2. RESOLUTION NO. R0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYIqTON BEACH, FLORIDA, AUTHORIZING NTENT' BE ISSUED IN PREPARATION OF A PLANNING STUDY AND IMPLEMENTATION OF REDEVELOPMENT FOR~ AREA LOCATED EAST OF SOUTH CONGI~ESS AVENUE, WEST OF THE EXISTING M-1 ZONING DISTRICT, NoKTH OF THE L-30 LWDD CANAL AND SOUTH OF THE L-28 LWDD CANAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff is requesting Commission approval to initiate planning studies for the area located east of south congress avenue, west of the existing M-1 zoning distrct, north of the 1-30 LWDD canal and south of the 1-28 LWDD canal (herinafter "study area"). A map of the study area is attached hereto as Exhibit "B"; and WHEREAS, thia Notice of Intent represents a formal announcement of said planning activities, and the period during which time all applications related to development activity proposed within the study area, must be abated or conform to restrictive temporary regulations; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and thereafter for a maximum period of 180 days unless otherwise extended by the City Commission by subsequent Resolution following public hearing. 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 does hereby does hereby i~ue the attached Notice of Intent. Section 2. That this Resolution shall become effective immediately up.on pagsage. Section 3. A copy of the Notice of Intent shall be mailed to all property owners who own land in the study area. PASSED AND ADOPTED this day of January, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Mayor Pro Tem Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-279 TO: FROM: THROUGH: DATE: Kurt Bressner, City Manager Mchae Rumpf Planning and Zoriing Directdr' Quintus Greenej ~ Director of Develcoment December 26, 2001 SUBJECT: SOUTH CONGRESS AVENUE CORRIDOR STUDY ZONING IN PROGRESS- NOTICE OF INTENT t s ant c pated that an January 15, 2002 the. City Commission will approve a resolution for the above-referenced Notice of Intent (NOI) thereby initiating a planning study, placing ten:~porary restrictions on land development W tb n the study ~rea. and notifyi, ng the pub c of sar'de nc udibg potential ~hanges in the City's Land Development Ragu at OhS The C ty n Qctober.of 2000 adopted a Zoning in Progress (ZIP) ordinance which established a system to both inform the dove opment community of pending p anning.studies and changes in development regu at OhS as we as to rev ew a re ated appl c~tions for consistency with anticipated regulations. This interim processing system is initiated bya "Notice of Intent" ,which is issued by the City Commission. Staff is hereby requesting that a Not ce of Intent be issiuad by the City Commission for a group of properties located on the east sid~ of South Congress Avenuein order to pcepare for tl~e time period required to conduct a study, and process any necessary changes in future and use C as~ f cations, zoning districts, and development regulations. The study area (a.k.a "affected area") is more particularly described as the area bounded by the Lake Worth Drainage District (LWDD) L-28 Cana on the north, the existing M,1 zoning district boundary on the eas. t the LWDD L;30 Cana on the south, and Congress Avenue right-of-way on the west (see attached Exhibit A"). The majority of the affected area is zoned M-l, Industrial District. It is being recommended that the Notice of Intent limit all new applications for industrial development or uses within the Affected Area to conditional use and occupational license applications for only those uses permitted under the Land Development Regu!ations, Chapter 2. Zoning, Section 8.A.1 (Permitted uses no distance requirement), and permit applications for previously approved developments or minor modifications of existing approved projects. During the period covered by the NOI, all uses listed under Sections 8.A.2 (permitted with distance requirements), 8.A.3 (uses requ~nng environmental review), and 8.A.4 (conditional uses) shall be considered prohibited uses. These temporary restribttons are intended to limit development to those uses that wou d not b~ detr mental to nearby residents or values of property ocated adjacent to the study area. The use of a ZIP process is not new. This process or slight variations where utilized during preparation of Urban Design Studio's Boynton Beach Boulevard Corridor Study and during preparat on of a telecommunications tower ordinance. A ZIP was also proposed by the consu rant dur ng preparation of the Vision 20/20 Redevelopment Plan, an¢ most recently used for a segment of Federa Highway during preparation of the Federal Highway Corridor Community Redevelopment Plan. The City Commission's directive has been prompted by residents near the study area who voiced concern about the types of uses that the existing zon ng d str ct-M-l-would allow within close proximity to their properties. The subsequent plann ng activity will involve a review of exist ng uses within and adjacent to the study area, and applicable land development regulations. The findings of the study will be fo,rmutatad, if necessary, into changes ir~ zoning districts and/or Land Development Regulations intended tO minimize impacts from the d~velopment ~f the ndustr a lands upon adjacent or nearby pr0pert es t ~ assumed that approximately 6 months will be needed to comp eta th s project hob, ever, f extens o~s are necessary they w be requested accordingly and justified by the progress completed at that time. MR Affected Area EXHIBIT "A" 18%F! 2000 0 2000 Feet 17TH ·