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Agenda 05-07-02 Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2O02 [] April 16, 2002 [] May 7, 2002 V,-ANNOUNCEMENTS & PRESENTATIONS Item A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be T~m~d~. in :o Ci~ Clerk's Office March 6. 2002 (5:00 p.m.) [] May 21, 2002 May 8. 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m3 April 3,2002 (5:00p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentahon [] City Manager's Report RECOMMENDATION: Announcing Vegetation and Tire Amnesty Week - Monday May 20th through Friday, May 24th, 2002. EXPLANATION: In conjunction with National Public Works week, the Public Works Solid Waste Division is offering residential vegetation amnesty cleanup ~veek and tire amnesty week. During the week of May 20th through May 24th, 2002 residents may put out for collection unlimited amounts of trimmed vegetation and car and passenger truck vehicle tires at the curb for pickup. Branches and trees should be cut in 4-foot lengths not to exceed four inches in diameter, and placed at the curb. The vegetation will be picked up on the residential bulk trash pickup day. In preparation for the up-coming hurricane season it is very important to cut down weak, hanging limbs and to keep a regular maintenance program all during the year by cutting back trees and dense foliage in your yard. We are asking residents to "Not Delay and Trim Today".* In addition, starting on Monday, May 20th through May 24th, residents may put car and passenger truck vehicle tires at the curb for pickup. The tires will be picked up on the scheduled bulk trash day in your neighborhood. Tires will be accepted with or without rims. In celebration of National Public Works Week and in keeping with the theme "Working in the Public Interest", the Public Works Department offers this free service to show the positive impact the department and employees are making to improve our community. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: S:~,BULLETINLFORMSL~.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM D4a~l{e~ad;s~ig'nat~ {./ CiW Manager's Silage Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~FORMSX~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19,2002 [] April 2. 2002 [] April 16, 2002 [] May 7, 2002 V. ANNOUNCEMENTS ITEM B.'t .a CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOvuv Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) [] May 21; 2002 May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m3 April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 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: Read attached Proclamation announcing National Public Works Week. EXPLANATION: The week of May 19th through May 25th, 2002 is National Public Works Week. A proclamation is prepared outlining the services the Public Works Department provides in our community and recognizes the positive improvements public works employees have made to our communities. This year's theme is "Working in the Public Interest". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~7 ! (~)D ~rti-nen~ead s Signature City Manager's Signature Public Works Department Department Name City Attorney / Finance, Human Resources S:kBULLET1N~ORMSL&GENDA ITEM REQUEST FORM.DOC WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, par~s maintenance, and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS,'this year's theme, "Working in the Public Interest," is a tdbute to the positive improvements public works employees have made to our communities. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim the week of May 19 - 25, 2002 as "NATIONAL PUBLIC WORKS WEEK" ~n the City of Boynton Beach, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Flodda, this 7t~ day of May, Two Thousand Two. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commission Meeting Dates [] March 19. 2002 [] April 2. 2002 [] April 16, 2002 [] May 7, 2002 NATURE OF AGENDA ITEM CITY OF B:OYNTON BEACH AGENDA ITEM REQUEST FORM ANNOUNCEMENTS ITEM B.l.b Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 6. 2002 (5:00 p.m.) [] May 21. 2002 May 8.2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.) [] June 4. 2002 May 22. 2002 (5:00 p.m./ April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5.2002 (5:00 p.m.) April l7. 2002 (5:00p.m.) [] July2,2002 Junel9.2002~5:00p.m.~ [] Administrative [] Development Plans ,~-~ [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business ,, [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Proclaim May 5th through May 11th as Drinking Water Week recognizing the importance of drinking water in aU of our lives. EXPLANATION: For over 30 years the American Water Works Association has celebrated the first week of May as Drinking Water Week. This weeklong observance is to promote public awareness and involvement in drinking water issues. PROGRAM IMPACT: FISCAL IMPACT: ALTERNA~~ D/partment Head's Signature Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, our health safety, comfort and prosperity depend upon an abundant water supply of the highest quality; and WHEREAS, due to environmental concerns and population growth, water treatment facilities must be planned with foresight, using modern techni~ ues and state-of-the-art equipment; and WHEREAS, the American Water Works Association has scheduled a week of nationwide observance of our water needs and services; and WHEREAS, water is one of the few basic and essential needs of mankind; and WHEREAS, the City of Boynton Beach has considered the health, the environment, and the social impact in ensuring that facilities and systems provide citizens a safe, dependable quality of water both now and for the future needs; and WHEREAS, dedicated men and women in our Utilities Department have made significant contributions in developing, operating, and maintaining these systems. NOW, THEREFORE, I, Gerald Broening, Mayor of the City of Boynton Beach, FIodda, do hereby proclaim the week of May 5 through May 11~ 2002 as "DRINKING WATER WEEK" and ask all citizens to join with the Boynton Beach City Commissioners in commending the dedicated men and women of our community water system for their tireless efforts to provide us with an adequate supply of quality water for our use, health and well being. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 7· day of May, Two Thousand and Two. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) V.-ANNOUNCEMENTS & PRESENTATIONS Item B.l.c Neady 2.7 million registered nurses in the United States compdse our nation's largest health care profession. These dedicated women and men meet the different and emerging health care needs of the American population in a wide range of settings. Professic hal nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients. In Boynton Beach the nurses of Bethesda Memodal Hospital are committed to the promotion of health, the prevention of disease and the delivery of quality nursing care. While a renewed emphasis on pdmary and preventive health care has required the better utilization of all of our nation's registered nursing resources, Bethesda women and men in nursing have been expanding their professional health care roles by continually stdving to upgrade standards of care and improve services through practice, education and research. The demand for registered nursing services will be greater than ever because of the aging of the Amedcan population, the continuing expansion of life-sustaining technology and the explosive growth of home health care services. This means that more qualified registered nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this community. Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills, energy and compassion to improve the quality and accessibility of health care services for our residents. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim May 6-12 2002, as: "Nurses' Week" in recognition of the contributions of the nurses at Bethesda Memodal Hospital to the health care of our residents. !i In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Flodda, the 7th day of May, Two Thousand and two. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 ~i~uum~.~H i~ & PRESENTATIONS Item B.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002. (5:00 p.m.) April 17, 2002 (5:00 p.m-I Requested City Commission Meeting Dates [] May21, 2002 [] June4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to Cit,, Clerk's Office May 8, 2002 (5:00 p.m.) May 22. 2002 (5:00 p.m.} June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.mo NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Present Certificate of Graduation to Commissioner Mack McCray for his attendance at the Local Government Leadership Program- Leadership Florida. EXPLANATION: Commissioner McCray attended a two-part program, one weekend in February and one in April, entitled Local Government Leadership Program - Leadership Florida. He has now graduated from this program and his certificate will be presented this evening. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney / Finance Human Resources S:kBULLET1N~ORMS~GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 V. ANNOUNCEMENTS & PRESENTATIONS Item B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIM Date Final Form Must be Turned in to City Clerk's Office March 6. 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 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: EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: Presentation by Hunters Run Homeowners Association to Boynton Beach Fire Rescue, Boynton Beach Library, Boynton Beach Children's Museum, and Advisory Board on Children and Youth. Mr. Maurice Rosenstock will make the presentation. Hunters Run Homeowners Association has allocated funds to City departments for items which they feel are necessary for the community and are not fully funded in the City budget. ALTERNATIVES: Janet M. Prainito, City Clerk City Clerk's Office Department Name ~C~Signamre City Attorney / Finance / Human Resources S:~BULLETINV~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2O02 [] April 16. 2002 [] May 7, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m3 Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 PUBLIC HEARING ITEM B. Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presemation [] City Manager's Report RECOMMENDATION: Please place this request on the May 7, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommends that the subject request be approved subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-078. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPTS (ABAN 02-001) QUANTUM PARK LOT #47 Andrew Blasi, Esq. PJM & Associates Inc. Lot 47 Quantum Park Request for abandonment of a 10-foot Water Main Easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: . N/A Deve lop~et[t'D]~7~e~t-D~rector City Manager's Signature Planning and Zo '~fin~ Director City Attorney / Finance / Human Resources SSPlanning\SHARED\WP~ROJECTS\Quantum Park Lot 47)L~BAN 02-001~Agenda Item Request Aban Pkg Concept Quantum 47.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-,078 Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson Planner April 17, 2002 Quantum Park Lot #47 (Packaging Concepts) ABAN 02-001 NATURE OF REQUEST: The applicant applied for an abandonment of the water main easement on February 15, 2001. Andrew B. Blasi of Shapiro, Blasi, Dector, & Piazza, P.A., agent for PJM & Assodates, L.C., submitted this request to abandon a 10-foot wide water line easement (per the Official Record Book 6689, Page 629). The attached Exhibit "A" shows the location of the applicant's property, and includes a diagram of the specific easement to be abandoned. BACKGROUND: The existing 25,838 square-foot office / warehouse building was approved by the City Commission on September 19, 1995 per site plan application NWSP 95-007. On Apdl 3, 2001, this project was approved for a one-story 28,000 square-foot office / warehouse addition to the existing office/warehouse facility, for a total building area of 53,838 square feet. The project's total building area and phasing has been modified slightly since last site plan approval. Also, concurrent with this review of the abandonment, is a request for a one (1)-year site plan time extension. If approved, the site plan expiration date (for the building addition), including concurrency certification would be extended to April 3, 2003 (see Exhibit "A" - Location Map). Currently, the total proposed building area would be 53,050.5 square feet with 23,432.5 square feet to be constructed during Phase I and 3,780 square feet to be constructed during Phase I1. The developer is requesting the abandonment of the above-referenced 10-foot dedicated water line easement located "under" the proposed addition in order to facilitate the expansion of the project. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "A" - Location Map). ADJACENT USES: (see Exhibit "A" - Location Map) North: Park Ridge Boulevard, and further north Publix Distribution Center; South: Boynton Beach C-16 Canal; East: Quantum Park PID Lot 48, Vacant; and West: Quantum Park PID Lot 47-B, Flowers Baking Company / Quantum Park PiD lot 47-C, Safety Kleen Systems. Page 2 Memorandum No. ABAN 02-001 PZ 02-078 ANALYSIS: During the process of assembling the construction documents necessary to submit for building permits, an error in the title work was discovered. An existing water main easement was found which is located in the proposed building expansion area. The drawings had to be revised and approval had to be obtained from the Quantum Community Development Distdct to relocate the easement. The direction of the subject water easement currently runs 222 feet in an east-west direction. The intent is to abandon the existing easement and relocate it farther south along the property line (See Exhibit "B"). All building construction will be contingent upon approval of this request to abandon this water line easement. The water lines will be rerouted to run southward along the Beta Drive right-of-way and then westward and eventually circle the proposed building addition. Direct notice was given to the property owners that abut the subject easement. This request has also been advertised in the newspaper. The City departments and utility companies (identified below), who participate in the review of these types of requests have been duly notified and have responded as follows: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection Pending approval No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Pending approval Pending approval Pending approval Pending approval Pending approval RECOMMENDATION: Staff recommends that this request to abandon and relocate the water line easement be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval, xc: Central File j:\SHRDATA~Planning~SHARED\WPLPROJECTS\Quanmm Park Lot 47 (Packaging Concepts)XABAN 02-001~StaffReport. doc LOCATION MAP Packaging Concepts EXHIBIT "A" IK OF coMNIEi::I lUANTUM pARK). I I 'R BLvP. 1/8 laM MILES DESCRIPTION & SKF~, .,H PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS .SPTE 02-001 EXISTING EASEMENT :_GAL DESCRIPTION --_lNG a PORTION OF AN EXISTING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL --CORD BOOK 6689, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYING IN A 3RTION OF LOT 47-B, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT -tEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, _ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: OMMENClNG AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT .-IEREOF AS RECORDED IN PLAT BOOK 76, PAGE $0, PUBLIC RECORDS OF PALM BEACH COUNTY, .ORIDA; THENCE NORTH 88' 50'54" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50'54" WEST LONG SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A tSTANCE OF 222.00 FEET TO A POINT IN THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOT 47-B, UANTUM PARK AT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF ).00 FEET; THENCE SOUTH 88' 50'54" EAST A DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF ~.~..15.0 FOOT UTILITY EASEMENT; THENCE NORTH 01' 09'05" EAST ALONG SAID WEST LINE A DISTANCE .00 FEET TO THE POINT OF BEGINNING. ONTAINING In all 2,220 sq. ft. and/or 0.05 acres, more or less. URVEYOR'S NOTES: THIS DRAWING IS NOT A SURVEY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE B~ THIS OFFICE. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. ..;. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG _LA.I~I3'SURVEYING, INC. ,ROFESSIONAL SU~JEYOR AND MAPPER _0RIDA CERTIF~'ATE NO, 3613 LEGEND: LB = LICENSE BUSINESS LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB =PLATBOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMEN' ROW = RIGHT. F-WAY UE = UTILITY EASEMENT =.,SuRvEYING_ INC._.LIDBERG LAND CAD K:~UTOCAD2000~,174543'~00-253~00-253A REF K:~ALrrOCADt FLD I FB. PG. OFF S.F.B. CKD ...-, SHEET ~ OF JOB DATE DWG 00.253-303A 0'!/02/02 DESCRIPTION & SKE'I,,.,H PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT PORTION OF LOT 47-B PLAT BOOK 76, PAGE 50 PJM AT QUANTUM PARK 10' WATER LINE EASEMENT O.R.B. 6689, PG. 629 POINT OF~. BEGINNING 222.00 N88°50'54"W ' LOT 47-B P~T BOOK 60, PAGE 34 · QUANTUM PARK AT BOYNTON B~CH, P.I.D. P~T NO. NOETHLI~E LOT I ! 40 20 0 40 GRAPHIC SCALE IN FEET SCALE: 1" = 40' i)m~Lm D B ERG LAND SURVEYING, INC.,, I.~ 4431 CAD K:~,UTOCAD2000'd 74543~00-253~A00-253A K:~UTOCAD~ REF FLD OFF CKD CREW FB. OFFICE D.C.L SHEET PG. 2 OF JOB DATE 2 DWG 00.253-303A 01102/02 A00-253A DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B'i PACKAGING CONCEPTS SPTE 02-001 PROPOSED EASEMENT LEGAL DESCRIPTION A 12 FOOT WIDE AND 10 WIDE STRIP OF LAND BEING A PORTION OF LOTS 47-B AND 47-C, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND HEREIN DESCRIBED IN TWO PARTS REFERRED TO AS EASEMENT "A" AND "B', THE CENTER LINES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT 'A' COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 47-8, QUANTUM PARK AT BOYNTON BEACH; THENCE NORTH 88°50'54" WEST, ALONG THE SOUTH LINE OF SAID LOT 47-8, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LIN E OF A 15 UTILITY EASEMENT RUNNING PARALLEL AND ADJACENT WITH BETA DRIVE AS SHOWN ON SAID QUANTUM PARK AT BOYNTON BEACH, SAID POINT BEING THE CENTERLINE OF A 12.0 WIDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88°50'54" WEST A DISTANCE OF 26.31 FEET; THENCE SOUTH 01°09'05' WEST A DISTANCE OF 33.69 FEET TO A POINT ON SAiD 15 UTILITY EASEMENT AND THE POINT OF TERMINUS. EASEMENT "B' COMMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT 'A'; THENCE SOUTH 01°09'05" WEST RUNNING ACROSS A PORTION CF SAID 15 UTILITY EASEMENT A DISTANCE OF 70.09 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 15 FOOT UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE OF A 12.0 FOOT WIDE EASEMENT; THENCE SOUTH 01'09'05" WEST A DISTANCE OF 53.88 FEET; THENCE NORTH 88'50'54' WEST A DISTANCE OF 78.18 FEET A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE SOUTH 01°09'05' WEST A DISTANCE OF 18.00 FEET; THENCE _.JNTINUING FROM THE AFOREMENTIONED POINT 'A' NORTH 88°50'54. WEST A DISTANCE OF 112.51 FEET, TO A POINT IN A LINE 5.00 FEET EAST OF AND PARALLEL TO THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOTS 47-8 AND 47-C, SAID POINT BEING ON THE CENTERLINE AND THE BEGINNING OF A 10 WIDE STRIP OF LAND; THENCE NORTH 01°09'05. EAST, ALONG SAID PARALLEL LINE A DISTANCE OF 229.19 FEET TO A POINT IN A LINE 71.53 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 47-8 AND THE POINT OF TERMINUS. CONTAINING IN ALL 6,689 SQ. FT. AND/OR 0.15 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SF_.~L-~F A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIpBER.(~,ND SURVEYING, INC. LIDBERG~ . DA: P~~~~VEYOR AND MAPPER FLORIDA CERTIFICATE NO. 3613 ii, L i D B ERG LAND L SuP. VEYING_ INC., LEGEND: LB = LICENSE BUSINESS LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT CKD CAD K:~AUTOCAD2000\174543\00-253~00-253 REF K:~AUTOCAD\ FLD IFB. PG. I JOB 00.253.303 OFF S.F.B. IDATE 01/02j02 SHEET 1 OF 2 IDWG A00-253 D.C.L DESCRIPTION & SKETCH PREPARED FOR: EXHIBIT "B" PJM & ASSOCIATES LC PACKAGING 'CONCEPTS 'SPTE 02-001 . WATER MAIN EASEMENT PROPOSED EASEMENT '- ' I PLAT BOOK 76, PAGE 50 24 01' I PJM AT QUANTUM PARK i ~ ~ ~ ~ ~ 2~.oo' ~ I ~ P~T BOOK 60, PAGE 34 ~; ~ ~ I J P~T BOOK 60, PAGE 34 ~ / QUANTUM PARKAT BOYNTON B~CH , ~ / P I D ........ J ' N 88~50'54" W I I ~ .. · ~ mM. lu , .zI ~ ~ ~ LOT 47~ .~ ~ ~POINTOF ~ ~ ..~.~..~.o.~o ~ / I~/~ ~ ' . ~ -, =~. ~ sss ~o~ zs.~ - ~ ~ i .......... F s o~-o~' ', ~ .... 56 W . . 18.00' G~PH~C SCA~E IN ~E~ SCALE= ~ = ~O . J C~ K:~UTOC~20001174~310~253~00-2~ i Ii LIDBERG LAND DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Packa§ing Concepts APPLICANT'S AGENT: Andrew B. Blasi APPLICANT'S ADDRESS: 7900 Glades Road, Suite 300 Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 5/7/2002 TYPE OF RELIEF SOUGHT: Abandon and relocate a 10-foot wide water line easement LOCATION OF PROPERTY: Lot 47 Quantum Park PID 4925 Park Ridge Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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\Quantum Park Lot 47 (Packaging Concepts)~ABAN 02-001\DO.doc EXHIBIT "C" Conditions of Approval Project name: Packaging Concepts File number: ABAN 02-001 Reference: Abandon and relocate water line easement for Lot 47 Quantum Park PID DEPARTMENTS INCLUDE REJECTi 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 BUFf ,DING DIVISION Comments: None X PAtL~~ ,*,ND RECREATION Con-ancn~s: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 1. Project will require approval from the City of Boynton Beach Utilities X Division. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 47 {Packaging Concepts)'~,BAN 02-001\Condition of Approval.doc Requested City Commission Meeun~o Dates [] March 19. 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 B,1. Date Final Form Must ~Tume~ in to CiW Clerk's Office May 8, 2002 (5:00 p.m.L~, May 22, 2002 (5:00 p.m. ,2CF' -~ ~ .~n .?: ~. June 5, 2002 (5:00 p.m.) ~ - ~ lune 19, 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: Motion to award the "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #052-1411-02/KR, to Austin Tupler Trucking, Inc. and Community Asphalt Corp. as outlined below for an estimated annual expenditure of $ 76,860.00. CONTRACT PERIOD: MAY 8, 2002 to MAY 7, 2003 EXPLANATION: On March 12, 2002, the lead entity, City of Delray Beach, received and tabulated six (6) proposals. Austin Tupler Trucking, Inc. and Community Asphalt Corp. are the lowest, most responsible, responsive bidders who meet all specifications for the commodities used by the City of Boynton Beach. Estimated quantities of shell rock have been shifted to crushed coarse limerock since shell rock pits will be closing in a few months and no bids were received for this item. Barb Conboy, Administrative Coordinator, and George Mantell, Street Maintenance Supervisor, concur with this recommendation (see attached Utilities Memo #02-041 and Public Work Memo #02-028). VENDOR/ COMMODITY ANNUAL ESTIMATED QUANTITIES FOR UTILITIES & PUBLIC WORKS ESTIMATED EXPENDITURE AUSTIN TUPLER TRUCKING, INC. Crushed Limerock (Delivered) AUSTIN TUPLER TRUCKING, INC. Drainfield Rock (Delivered) COMMUNITY ASPHALT CORP. Type IH Asphalt ( Pick-Up Material) 5200frONS ~ $ 8.85/per ton = 1000/TONS ~ $11.94/per ton -- 600/TONS ~ $31.50/per ton = TOTAL ESTIMATED EXPENDITURE $ 46,020.00 $11,940.00 $18,900.00 $ 76,860.00 PROGRAM IMPACT: This Cooperative Bid is utilized by Public Works/Roads & Streets and Utilities to purchase road construction materials for various repair and replacement applications. Four (4) participating entities submit individual requirements which are combined for total anticipated usage. These totals are used to calculate a firm quantity price; however, each entity awards individually due to location, points of delivery, and quantity. S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: Road Construction Materials are used by various divisions in Utilities and Roads and Streets Division of Public Works. Funds are available in several accounts for use by these divisions on an "as needed basis". UTILITIES BUDGET ACCOUNTS: 401-2810-536-52-31 Operating SuppliesfWater Main Supplies 401-28151536-52-32 Operating Supplies/Sewer Main Supplies 401-2824-536-52-33 Operating Supplies/Storm Drain Supplies 401-2824-536-63-13 Impvts. Other Than Bldgs./Storm Drains 405-5000-590-96-02 CIP R&R Water/WTR054 Road Materials & Supplies/Street Repair & Maint. PUBLIC WORKS BUDGET ACCOUNT: 001-2512-541-53-10 Street Repairs/Maintenance Supplies ALTERNATIVES: Deputy Director of Finance/Purchasing Agent City Ivl'anager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources /ktr Attachments Cc: Mark Law, Deputy Utilities Director Barb Conboy, Administrative Coordinator Chris Roberts, Asst. Public Works Director George Mantell, Street Maint. Supervisor File S:~BULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #02-041 TO: FROM: DATE: Bill Atkins Procu~ment Services t~arb Conboy (i Utilities Department April 1, 2002 RECEIVED 2 2002 SUBJECT: Road Construction Materials recommendation for award Co-Op Bid #2002-09 Agenda Item The Utilities Department is in receipt of the tabulation sheet for the above mentioned bid. We recommend awarding the limerock and drainfield rock portions to Austin Tupler Trucking, Inc. The Utilities Department noticed that none of the vendors submitted bids for pit run shell rock. We called Austin Tupler to see what information they had. An Austin Tupler representative estimated that the Shell Rock Pits will be closing within the next few months and vendors would not be bidding this item. Considering this, we will have to shift our quantities of shell rock to Crushed Coarse Limerock. Vendor Bid Item Unit Cost Est. usage Extended cost Austin Tupler Crushed Limerock $ 8.85 5200 ton $46,020 Austin Tupler Drainfield Rock 11.94 1000 ton $11,940 Funds are available in the various accounts listed below. 401-2810-536-52-31 401-2815-536-52-32 401-2824-536-52-33 401-2824-536-63-13 405-5000-590-96-02WTR054 Stock for water main repairs Stock for sewer main repairs Stock for storm drain repairs New stormwater development Water Main Replacement CC: Mark Law Bob Kenyon Mark Bobich Tony Lombardi Dora Formanek Jim Hart Freddie Ireland To: Via: From: Date: Subject: PUBLIC WORKS DEPARTMENT Memorandum No. 02-028 Bill Atkins, Deputy Director of Finance / Procurement Jeffrey Livergood, Public Works Director ,~w Chris Roberts, Assistant Public Works Director~/-~0'~ George Mantell, Streets Maintenance Supervisor April 10, 2002 Co-op Road Construction Materials Bid Award ECEIVED APR § 2{302 pROC~R~NT SE. RVICES After reviewing the tabulation sheets for this bid, I would recommend that we continue to use Community Asphalt for pick-up service only. The estimated expenditure for the remainder of this budget year is $8,000 from Account #001-2512-541-53.10. As for shellrock, I obtained three quotes at the beginning of the fiscal year and I am using Allied Tracking for pit-mn shellrock at 7.93 per ton and will continue to do so for the remainder of this budget year as they were the lowest quote. At this time I will not be utilizing Austin Tupler. If you need any additional information, please call me at Ext. 6587. PL/GM/pl m~o 0 ('10 _ end 0 0 Requested City-,- Commission Meeting Dates ~ March 19.2002 [] April 2. 2O02 [] April 16. 2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to CiW Clerk's Office March 6, 2002 (5:00 p March 20.2002 (5:00 p.m.} April 3.2002 (5:00 p.m.I April 17.2002 (5:00 p.mo Requested City Commission Meeting Dates [] May21.2002 [] June 4. 2002 [] June 18. 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8.2002 (5:00 p.m.~ May 22.2002 {5:00 p.m.~ June 5. 2002 (5:00 p.m.I June 19. 2002 (5:00 p.m.} NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business r,o :: ..... · [] Public Hearing [] Legal -,~ [] Bids [] Unfinished Business __ ' [] Announcement [] Presentation - '- [] City Manager's Report RECOMMENDATION: Motion to accept letter of credit no. SB 992081 from Colonial Bank in the amount of $80,000 as surety fo~ the satisfactory completion and one-year operation of the sanitary sewer system for the project known as Hypoluxo Point. EXPLANATION: The Town of Hypoluxo is furnishing the attached letter of credit as warranty surety for this project, which is substantially complete. The surety is to be held by the City for one year, and then released if the system functions as intended and without serious defect. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. / ;4/ ' DO~artmen/Head's Signature 1 - ~ity Manager's Signature Department Name City Attom~J'~h~ance-/Human Resources XC: Peter Mazzella (w/copy of attachment) Mary Munro, Finance Dept. (w/original letter of credit) City Attorney (w/copy of attachment) File " S:\BULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT SUBMITTED FOR THE PROJECT KNOWN AS HYPOLUXO POINT, AND ISSUED BY COLONIAL BANK (LETTER OF CREDIT NO. SB 992081) IN THE AMOUNT OF $80,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the mount of $80,000.00 as surety for the satisfactory completion an done-year operation of the sanitary sewer system for the project known as Hypoluxo Point. NOW, THEREFORE, BE II RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida hereby approves and accepts a Letter of Credit for the project known as Hypoluxo Point, and issued Colonial Bank, (NO. SB 992081) in the amount of $80,000.00 as surety for satisfactory completion an done-year operation of the sanitary sewer system for the project known as Point. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day ofMay, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) k\CA\RESO\Letters of Credit~Accepfing Letter of Credit - Hypoluxo Point. doc COLONIAL BANK fi: :: Ot .IFR T F~F~'FVCt(::t:>~F~ :: DOC klf'.lFhJT/>,F~"¢' E::N.,r:[) ..... T 'T "['H~ OR]TG'[N¢~t. fN::.T~TRI..JfdE~i'qT OF THE Cf~PT~iJi']NEID C:RF~DTT_. ~ ' T--'F~H,:, THTS DOCUfd[FNT~iRY CR[JDTT 'TI-.IP{T YOt.J ¢:~RE I..ff.4¢{BI b: 'TO C:Of, iPt..Y .~.~T'"I'H~ T'F T:S S.JGGESI"t:ED THAT YOU COMNLJNICAT,% DIRE'CT TO VT)UR ';~;~:).:THIE'Nk~fSE; ¢4NT.,~E k,JHEN DOCUMENTS ~RE. PRESENTED. ~3[R r::~CKNObd..I~DG~fA[~NT:, PI...i~:~S~ STGN PJqD }RE'Tt. JF~N TO LIS THE C:C~I::~Y EF THTS ~EII JR ~P~[~[. [ E:....7 CI3N'v'EN IENCE YC: [.JRS FP~ ~ THFLJl... I... 'V .¢ F 1:3 R Fa N D O N ~:~[: H~I... F P.O. BOX 310367 * MIAMI, FLORIDA 33231-0367 · TELEX: A.T. & T. 515553 COLONIAL BANK ~, TO~.4i'q OF' HYPOLL.IXO L,...,~TY /OF BO"¢NTOi'q ,;',,; 7580 S FEDERc:~L HiGbtkI~:YY C/] UTILI'¥~ES DE. PAR'TbIENT ~"~'~ t;:'~DVT. SIN(?~ E~ANI'<, Ai'-tOIJh~T U,,,D 80 000 O0 U S~ DCR,,I,,,ARS P¢~RTig~L DRANiNGS CREDIT AVAIl_ABLE k,~iTH CC PlLLOk, JED COLONIAL BANK :b:;: ...................................................................................................................................................... F~¥ PP~YPiiYNT SPECIAL I NSTRI..JCT I ON (S) '~'~'~ tRE HEREBY iSSIjE OUR CLEAN .T.I',.F.,E,/uL.,-aBL,~.,, STg',NDBY LETTER OF CRED.T..T l'.~l, i'qB ~ SB99:208~ IN F:AVOR OF' THE CITY OF BO'¥'NTON BEACH (i:/0 UTILITIES DEPARTMENT FOR U $ nO P.,P.?~ ,%i'.,r} NO CENTS (USDSO,O00 ¢.(':') ,~h',T~ ,~ ~:' E:Y p.¢l"¢HFl'Yf' OP' ,~, OR,qF T (S) A'T S I GHT OR.ANN Obi U.S l,gH Ei',! AC:C OMP P~i',i I ED 8Y THE FOL..L. ON I NG DOCUi"iE~.NT (,$): THE C.T.i"Y OF BOYNTC. d'q F3E~CH STt4TiNG, ''THE TOTed_ RHOUNT DRr-qWN Ui'-IDER THiS L..ETTER OF CREDIT IS NECESSARY TO CL.E~qR THE SEWER SYSTEM OF RNY THE REQUIRED t4ORK. :'' THE ORIGINAl... LETTER OF CREDIT faf,iD ANY .:~I...IBo!:::~.~I.~.IE~'..~T AMEN[3MENTS,. THE CiTY OF BOYNTOi",i BEACN FOR THE PROJECT KNOWi".i ¢:~S HYP()LUXO POi. N'f.. THE F',,i",INI. VERS¢~RY OF ITS iSSUE UNLE:SS FA'T' LE',~ST NINETY (90) D,~,YS FaRZOF~. i'D ~i",tY SUCH r'aNNI'VERS~'qRY DATE: ~IE{ NOTIFY YOU IN WRITING BY REGIST...REF., H~IL. TO THE D'~F~Er.'.TOIR OF THE t.ITI[..TTIES DE[PT_ CITY OF' 80'¥'NTON BEn, CH, C,/O t.]T]][..tTTES DEPT'~ 1.24 E WOOLBRZGHT F~O~'~D, RO'¥'i"..FTON E:.~EP~C.H FL ~Z545r.5, "['HP~T kfE ELECT NOT THiS LETTER OF CREDIT UPON P-C n ~ ~' '~'~ ,'OU f"iCaY L,,',,.~-4~J HERE{UNDER BY "¢OUR DRAFT DtRANN AT S I GHT ON US AND ¢~0 C (3MP,qN I ED P.O. BOX 310367 · MIAMI, FLORIDA 33231-0367 · TELEX: A.T. & T. 515553 COLONIAL BANK C 0 N T .'[ N L A T .T. 0 N 0 F: 0ATE' I.TIF: T ,,~E;I...IE' : APR T I.., ' 'z .. ~OO'2' :%TANf}iR',' [. E":'TTE~ OF CF:~'~D T T I S;8 S;'92OF~ 1!. IJ ,. ..................................................................................................... L' ............................................................ [ ................................. II ADVISED ,.?JY HA]]L. DA'T'E AND PL. ACE OF EXP]:RY F-,,PRI. L 2~, 200::5 MZAMt ~.":-'.', F~ F~I.... I C:ANT 8ENEF ][ C ~'A;~ Y TOWN OF HYPOLiJXO Ci'T'Y' OFr E;OYN'I"ON i3EACH 7.580 S FEDERAl... HIGHWA'Y C/O UT']:L..]:T]:ES OEP,ARTPiENT HYPOI...U×O r:.':L 3...'54cS2.---,SOD;4 ].,.'2,.4 E W.F..~OL..P:,RTEiHT ROAD E?,OYNTON E".FZAC:H F'L IN RECEIPT OF NON-RENEWAL NO'T'T. CE FOR THIS LETTER OF CREDIT ,AND THE FUNDS DRAWN I.INDEIR 'I"I-.I'I'S LETTER 0i::' t'.'::RE-:D]:T ARE NECF!SSARY TO AL!...OW THE SYSTt-'SH TO Fr ]NIC;TTr}N ,'"',~:' r]F":.'TF-JNi::::rr] ,'%NF) ¢:x,F*'t~.F:~T~::f'''' f~NF] TH¢:T "['HF Tr',L,.lk ¢"m:' L~Vm,"~ lr,.z'n k.~,,,,.:.t- ~,.'.,.TI r-.:r', TCI COf'iFq..ETE 'rifle I-~k~.,.UZF,4~D WORK. ?,.::~: ; WE{ HFRFFT;Y RGREE WI. Tk YOU THAT DR,AFT(<.~) DRRI/,,~'N UNDER AND ZN COHPL..T. ANCE I/,~.T. TH :~:, .................. .~.,.- i THE TF...'F,:i~4S AND CONDITTONS OF TH'I',.S CRF..'DTT SHALL BE DIJt..Y HONOREI') tF Pf:~ESENTETD ,.,,., f,4,_ ORIGINAL OF:" WITH OOCUHENT r.' S ) A<'~,~,~PECZF:]:ED AND "q ~::: _ . Fk',.~.:~ CREDIT , Al u,...,,'"' ~P,. OF'FECE L. OCATEO AT .2200 BRICKELL AVENUE HZAHZ =l... 5S.].5.~.L ON OR BEFORE THE , AI~gOME :S'T'A'TED EXPIRY D~T'E. D'RAFT($.) DRRWN UNDER T}'i:[:Z, CF{EDIT M~ .'.';3T .'.5~;TA]"E C;U..R I. ETTEEF,,] OF:r C.'.F?t~FD'IT NL.IHBE:.R Sli~99'2'0~]... ZS SL. DJEC:T TO THE UN]iFORH CUSTOHS AND PRACTZC:E FOR ........... ~,:~-'~" . ............... REVISIOh.!) Ii4TERNATION~t.. CHAMBER OF COi'di'dERCF PL BI ICA'TION NO 500 AND IN THE Ii THiS L,,ETTER OF CREDIT ~HALL BE ENFORCEABLE ~ " ~ CO,~R'T OF COHPETENT I J::'l. [] R ]7 E) #~ [ A W .. I I1 T THIS AREA iNTENTIONr-4L ...... 't BI...ANK P.O. BOX 310367 · MIAMI. FLORIDA 33231-0367 · TELEX: A.T.& T. 515553 COLONIAL BANIC Member FDIC The undersigned Abel Iglesias, Executive Vice President, of Colonial Bank, an Alabama corporation (the "Bank"). DO HEREBY CERTIFY, that l. The below named persons have been duly clcctcd (or appointed) and havc duly qualified as, and on this day are, officers of the Bank holding thier respective officcs below set opposite thicr names, and each are duly authorizcd: to execute and deliver in the name and on behalf of the Bank any documcnt, instrument, and certilicate and 2. The signatures below set opposite ~-%~~/~.~~._..g~~es...-.-tlxei ' nuine signatures: Abel Iglesias, Executive Vice President Robcd E. D[ez, Sr. V. President Iht I. Division Agustin Garcia, V.P. Corrcspondent Bm~ing Leslie Sadur, Vice President Noliemi D A Santander, AVP, hW1 Division ~?// ~' , / IN WITNESS ~ HE~EOF, Ihavc signed this ccrti~cate this ~dav el ~/,' 1998. , Presidel~pf~Ith~~---- Florida I, DO HErBY CERTY that Jose Valdes-Fauli has be~n appointed aand has duly qualified as President of South Florida and the signature above is his genuine signature: IN WITNESS WHEREOF, I have signedthe certificate this:!~., day. of' (r~(-~.-/ , I998. % ~/Nancy Mafquez President Dade County An Affiliate of The Colonial BaneOroup, Inc. Re. Box 310367, Miami, Florida 33231 www. colonialbank, eom AN EC}IIAI, OPPORTI INIITY' F, MPI,OYI~,R Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal U~shed Bus,ess Presentation RECOMMENDATION: Approve an increase to the cost of Openings & Closings at the cemetery to $330.00 for 5';: regular time (weekdays) and $415.00 on overtime (weekends and holidays) and with an annual adjustment to allow for inflation. EXPLANATION: During the regular Cemetery Board meeting held on March 26, 2002, by a vote of 4-1, the Cemetery Board moved to increase the cost of Openings & Closings from $200 (weekdays) to $330 and from $325 (weekends and holidays) to $415.00. Staff presented a report to the Cemetery Board with actual figures including labor, equipment, equipment maintenance and replacement and various administrative fees for the opening and closings of graves at the cemetery. It was determined that the current fees charged are too low. The fees assessed are for burials only and do not include funding for perpetual care. Perpetual care is funded strictly by the sale of plots not for the maintenance. The fees should be reviewed annually and adjusted accordingly for inflation. PROGRAM IMPACT: N/A FISCAL IMPACT: Increase needed to cover the maintenance costs for opening and closings. ALTERNATIVES: N/A Department Head's Signature Public Works Department Department Name City Manager's Signature /~/ C~ty Attomet~/rli~nce / Human Resources- S:]3ULLET1NWORMS~AGENDA ITEM REQUEST FORM.DOC VII.-CONSENT AGEN DA ITEM C. 2. RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. R98-139, BY INCREASING THE COST OF OPENINGS AND CLOSINGS AT BOYNTON BEACH MEMORIAL PARK AND SARA SIMMS MEMORIAL GARDENS; AND PROVIDING AN EFFECTIVE DATE. !~EREAS, the City Code of Ordinances provides that the City Commission shatl/-fr~ time to time, by Resolution, fix the schedule of fees to be charged for permits, burial%~penings and closings, and other services; and :!$HEREAS, upon recommendation from the Cemetery Board, the City 'Core, on has determined that the current fees charged for openings and closings are not. sU~ient to cover labor, equipment, equipment maintenance and replacement and variom.,,~ninistrative fees; and !!~W, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFT~CITY OF BOYNTON BEACH, FLORIDA THAT: ~ction 1. Each Whereas clause set forth above is hereby ratified as being tree an6.co~t and incorporated herein by this reference; ?~ction 2. The City Commission of the City of Boynton Beach, Florida, amen~esolution R98-139, Section 1 C, as follows: C, OPENINGS AND CLOSINGS AT BOYNTON BEACH MEMORIAL PARK AND SARA SIMMS MEMORIAL GARDENS Weekdays - 9:00 A.M. to 5:00 P.M. Saturday, Sunday & Holidays anytime $299.00 $330.00 $225.99 $415.00 :?~ction 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:¢a~Reso\Cemetery Fee 041902 RESOLUTION NO. R98-/,~? A RESOLUTION OF THE ClTY COMMISSION OF THE ClTY OF BOYNTON BF__ACH, FLOR/DA, AMENDING RESOLUTION R94-96, AMENDING PRICES AND FEES FOR CEMETERY LOTS, OPENINGS' AND CLOSINGS; AND PROVIDING AN EFFEGT~.E DATE. WHEREAS, the City Code of Ordinances Commission shall frOm time to time, by Resolution, provides that the City provide for the sale of cemetery lots, fix the price to be charged therefor, and the terms and conditions of such sales, and shall fix 'the schedule of fees to be charged for permits, burials, openings and .closings, and other services; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it' to be in the best interests of the citizens and residents of the City to amend prices for lots as well as increase the fees for opening and closings, due to increased costs in operation of the cemetery. NOW, THEREFORE, BE 1'1' RESOLVED BY' THE cz'rY- COMMTSS]:ON OF THE CTTY OF BOYNTON BEACH, FLOR/DA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby establishes rates as follows: BOYNTON BEACH M'EMOR~L PARK Lot Sale Prices: City resident or City 'property owner Per lot Non-City resident or property owner Per lot Infant plot(up to 4 years) resident Or non-resident $450.00 750.00 50.00 Am Resident rate for small lot for 2 Cremains only 200.00 Non-City resident or property owner Rate for small lot for2 cremains only 400.00. · SARA SIMMS MEMORIAL GARDENS Lot Sale-Prices: City resident or City property owner Per lot $225.00 Non-City resident or pro'perty owner Per lot 325.00 Infant plot (up to 4 years) resident Or non-resident 50,00 OPENINGS AND CLOSINGS AT'BOYNTON BEACH MEMORIAL PARK AND SARA SIMMS MEMORIAL GARDENS Weekdays - 9:00 A.M. to 5:00 P.M. Saturday~,.Sunday & Holidays anytime Infant Plot .anytime Cremains Interment or Disinterment Anytime Disinterment per body Sunday Mausoleum $200.00 325,00 100.00 82.50. 247.50 225.00 USE 'OF EOUIPMENT AT BOYNTON BEACH MEMORIAL PARK AND SARA SIMMS MEMORIAL GARDENS Partial;or Complete (7 Days) Infanb'Partial (Less than 8 chairs And no tent) Infant 'Complete Setup $t00.00 NoCharge 5O.OO And all other' charges and procedures presently existing relativeto the operation of municipally owned cemeteries within said City 'shall remain as previously established. Section 2. This Resolution shall take effect October 1, 1998. PASSED AND ADOPTED this Ci~/Clerk ~ '2~ ..... day of September, 1998, CITY OF BOYNTON BEACH, FLORIDA MaYO ,,~ ¥ ~a~or Pm Tem issioner Commissioner VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to CiW Clerk's Office Meeting Dates [] March 19, 2002 March 6, 2002 (5:00 p.m.) [] May 21, 2002 [] April 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 [] April 16, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 [] May 7, 2002 April 17, 2002 (5:00 p.m.~ [] July 2, 2002 Date Final Form Must be Turned in ro City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the Railroad Reimbursement Agreement as noted. EXPLANATION: The attached agreement from the Florida Department of Transportation represents work that is necessary for the addition of a second track along the CSX corridor by the Tri County Commuter Rail Authority. As part of the work, the State will be installing a four-quadrant gate system on the Ocean Avenue crossing, west of 1-95. The City, as represented in the agreement, will be responsible for future maintenance of the pavement portion of the crossing and advance signs on Ocean Avenue. The City will not be responsible for any costs associated with the Quad Gates. As a benefit to the City, it is highly likely that rules soon to be promulgated by the Federal Railroad Administration allow this portion of the CSX rail line to be designated as a quiet zone as a result of the placement of the quad gates. PROGRAM IMPACT: N/A FISCAL IMPACT: Estimated annualized cost of the pavement maintenance at the grade crossing is $1,000. ALTERNATIVES: N/A t5/' , Public Works Department Department Name ity anager s Signature City Attornq~i~ce / Human Resources S:'~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE ADDITION OF A SECOND TRACK ALONG THE CSX CORRIDOR AND INSTALLATION OF A FOUR- QUADRANT GATE SYSTEM AT THE OCEAN AVENUE CROSSING, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached agreement from the State of Florida Department of rransportation represents work that is necessary for the addition of a second track along the CSX corridor by the Tri County Commuter Rail Authority; and WHEREAS, as part of the work, the State will be installing a four-quadrant gate system at the Ocean Avenue crossing; and 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 authorize execution of a Railroad Reimbursement Agreement with the State of Florida Department of Transportation, which is attached hereto as Exhibit "A". Section 2. That the Mayor and City Clerk are hereby authorized to execute said Agreement with the State of Florida Department of Transportation. Section 4. That this Resolution shall take effect immediately upon passage. S:\CA\RESO~.greements~ DOT -OCEAN AVE2.doc PASSED AND ADOPTED this ~.TTEST: City Clerk (Corporate Seal) ea/reso/agreemenffFDOT-Ocean Ave :\CA~RESO~Agreements~FDOT -OCEAN AVE2.doc day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner of 7 STATE OF FLORIDA DEPARTMENT OF RAILROAD REIMBURSEMENT AGI; GRADE CROSSING CITY OF BOYNTON BEACH SOUTH FLORIDA RAIL CORRIDOR ONLY THIS AGREEMENT, made and entered into this day of ,2001, by and betweer~ the STATE OF FLORI DA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, AND CSX TRANSPORTATION INC., a corporation of Virginia, with its place of business in the City of Jacksonville, County of Duval, STATE OF FLORIDA, and authorized to do business in the State of Florida, hereinafter called CSXT and City of Bovnton Beach, a political subdivision of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT and CSXT entered into a Purchase and Sale Agreement for the South Florida Rail Corridor, hereinafter called SFRC described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property and CSXT retained an Easement for Rail Freight Operations within the SFRC, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement, hereinafter called Phase A Agreement entered into on May 11, 1988 by CSXT and the DEPARTMENT and made a part of this Agreement by reference thereto; and WHEREAS, in the event of termination of the aforesaid Phase A Agreement as therein provided, the parties hereto desire that the provisions of the Phase B Agreement will thereafter govern CSXT's conduct of rail freight and intercity rail passenger operations over the State Property in a manner consistent with the other uses of the State Property. Upon the Commencement Date hereof, CSXT shall transfer to the DEPARTMENT thr administration by CSXT (pursuant to Section 4.10 of the Phase A Agreement) of all agreements pertaining to th~. maintenance, repair and operation of existing roadway and highway crossings, crossing protection devices and railway interlocking and interchange facilities on the State Property; and WHEREAS, the Tri-County Commuter Rail Authority, hereinafter called TRI-RAIL, has received a funding grant from the Federal Transit Administration, hereinafter called FTA, for the purposes of providing an additional line of railroad track throughout approximately 44 miles of the SFRC and providing improvements to grade crossing traffic control devices throughout the SFRC; and WHEREAS, the DEPARTMENT, which would normally be responsible for construction throughout the SFRC, has authorized TRI-RAIL pursuant to the FTA funding grant, to construct, reconstruct or otherwise change a portion of the Public Road system, designated by TRI-RAIL as Contract 00-834 , on Ocean Ave. W. which crosses at grade the right of way and tracks at Milepost SX 982.97, FDOT/AAR Crossing Number at or near 628 152 K , as shown on TRI-RAIL'S Plan Sheet No. BRC 022 attached hereto as a part thereof; and WHEREAS, it is in the best interest of the DEPARTMENT, CSXT, and the CITY, to execute an Agreement for the future maintenance and modifications of said improvements upon completion of TRI-RAIL's FTA Full Funding Grant; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The CITY will maintain the said Road at grade, and necessary approaches thereof, across the DEPARTMENT'S right-of-way, over its tracks and through the Railroad Easement retained by CSXT ~ .... the herein above referenced location. . ,- Page2of7 o Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing in accordance with the Phase A Agreement and the CITY shall be responsible for the maintenance cost of the highway roadbed and surface outside the railway ties and the crossing surface in accordance with the Phase A Agreement. The DEPARTMENT at its discretion, may arrange for the synchronization of the railroad crossing devices with existing or proposed highway traffic control devices at Ocean Ave. W., and attendant installation of Type Four Quadrant Gate System, Class SPECIAL, none of the parties shall disconnect the interconnection circuit or change or cause to be changed the signal sequence without prior notice to the other. Each party shall maintain its respective devices from the point of the junction box as provided for the interconnect cable. After installation of the railroad signals is completed, Fifty (50) percent of the expense thereof in maintaining the same shall be borne by the DEPARTMENT, and Fifty (50) percent of the cost shall be borne pursuant to the Phase A Agreement as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof and subject to future revision. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by CSXT so long as said CSXT or successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary; or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. CSXT agrees that any future relocation or adjustment of said signals shall be performed by CSXT but atr the expense of the party initiating such relocation. Upon relocation, the maintenance responsibilities shall be in accordance with the provisions of th s ;Agreement. t s further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided above. All work contemplated at this crossing shall at all times be subject to the approval of the DEPARTMENT and Chief Engineer br hs representatve CSXT'S Division Engineer and/or Superintendent shall receive at least seventy-two (72) hours notice prior to the performance of any work within the limits of the railroad right-of-way. Unless otherwise agreed upon herein, '[he CITY agrees to insure that the advance warning signs and railroad crossing pavement marking will conform to the Department of Transportation Manual on Un form TraffiC Control Devices Wiihin thirty (30) daYs of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable leve. The CITY will reimburse CSXT for the cost of watchmen or flagging service when the CITY or its contractor is performing work that requires movement of equipment, employees or trucks across the tracks of the DEPARTMENT, or when at times CSXT and/or the DEPARTMENT agree that such a service is necessary as a result of any work either performed by, or on behalf of, the CITY. Page 3 of 7 All contractors working in the SFRC are required to have Railroad Protective Public Liability ant Railroad Protective Property Damage Liability insurance in a combined amount of $2,000,000.00 for all personal injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed by Federal funds, with respect to bodily Injury, death or property damage is limited to a combined amount of $6,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement; ContraCtor wi furnish CSXT a Certificate: of InsUrance shoWing that the contractor 000.00 for all lng the policy period. 10. 11. 12. Such insurance is to conform with the requirements of 23 C.F.R.,: Subchapter G, Part 646, Subpart A, and any supplements thereto or revisions thereof. Subsequent to the CITY Will bea OCCL of s , requlre~ )rovement Program-Segment 5 Project, the due to CITY requirements, that has the construction of said crossing and the original agreement creating the occupation CSXT hereby agrees to install and/or adjust the necessary parts of its facilities in accordance with the proVisions s~t fOrth in the: DI Ad 1; and 23C. there work a~ NT Procedure 725-080-002 Appendix D.4 and Rule 14-46.002 "Responsibility for the Florida Administrative Code and/Or the Federal Highway 23 B, Part 140, Subpart¢ or revisions further agrees to do all such · a contract held by CSXT under the DEPART~ the Federal HighWay Administration, when All labor, services, materials, and equiament furnished by CSXT in carrying out work to be performed, shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bid terms and force account items performed for CSXT shall also be furnished by CSXT to the CITY. CSXT has determined that the method to :be used in developing future relocation or installation cost shall be actua and related indirect costs accumu ated in accordance with a work order accounting procedure prescr bed by the appliCab e FederaI or State regulatory body. Upon comp et on of the crossing mprovements and conclusion of work under TRI-RAIL's Full F~nding Grant Agreement, all I~iliing fo:r~future maintenance and modifications, which are the responsibility of the CITY, will be as follows: CSXT shall, within one hundred eighty (180) days, furnish the CITY with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereUnder, such statement to follow as closely as possible the order of items contained n the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equ pment, material 8~nd suPplies handling costs and other services shall be shown in such a manner as wi Permit ready comparison with the approved plans and estimates. Materials shall be temized wher~ they repiesent major components of cost in the relocation fo ow ng the pattern set out n the apprOVed est mate as c ose y as poss. b e. Sa vage credits, from~ recovered and replaced permanent and recovered temporary matenals shall be reported ~n sE bills in relative position with the charge for the replacement or the original charge for temporary us'~. Page 4 of 7 13. 14. 15. 16. The final billing shall show the description and site of the Project, the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to where the records and accounts billed can be audited. Adequate reference shall be made in the billing to CSXT'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the CITY. Upon receipt of invoices, prepared in accordance with the provisions of the above-indicated Reimbursement Policy, the CITY agrees to reimburse CSXT in the amount of such actual costs approved by the CITY auditor. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. In accordance with Section 287.056, Florida Statutes, the following provisions are in this Agreement: If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. In accordance with Section 215.422 Florida Statutes, the following provisions are in this Agreement: Contractors providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has twenty (20) working days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable in addition to the invoice amount, to the Contractor, interest penalties of less than one (1) dollar will not be enforced unleSs the Contractor requests payment. Invoices, which have to be returned to a Contractor because of Contractor preparation errors, will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Bank and Finance. The duties of the individual include acting as an advocate for contractors/vendors who may be experiencing:problems in obtaining timely payments(s) from a state agency. The Vendor Ombuds~man may be contacted at (850) 410-9724, or by calling the State Corn ptroller's Hotline, 1- 800-848-3792. Record.~ of costs incurred include the Contractor's general accounting records and the project records, together With supporting documents of the Contractor and subcontractors considered necessary I~y the CITY and the DEPARTMENT for a proper audit of costs. Page 5 of 7 17. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLAR? ($25,000.00) and a term of more than one year, the provisions of Section 339.135(6)(a), Florida_ Statutes, are hereby incorporated: The DEPARTMENT during any fiscal year, ey, incur any liability, or enter into any contract which, by its terms, involves iture of money in excess of the amounts budgeted as availab e for expenditure during such fiscal year. Any ~ontract, verbal or written, made in violation of this subsection is null and void, and no money may be p~ ~e DEPARTMENT shall require a statement from the Comptroller /a ab e pr or to the entering into any such contract or oth ..ommitmenl ds. 18. 19. 20. 21. Nothing herein contained shall prevent the making of contracts for periods, exceeding one year, but any contract so made shall be executory only for the valueof the services:to be rendered or agreed to be paid forin succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND DOLARS ($25,000.00) and which haVe a term for a period of more than one year. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entitY for the construction or repair of a public building or public work, may not submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact busineSs With any public entity in excess o, the thresho d amount Provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The DEPARTMENT'S obligation to pay under this sectiOn is contingent upon an annual appropriation by the Florida Legislature. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. Should the use of said crossing be abandoned due to removal of the ~oadway then all rights hereby to the CITY shall thereupon cease and terminate and the CITY will, at its sole cost and in a manner satisfactory to the DEPARTMENT remove said crossing and restore the DEPARTMENT'S property to the conditiOn previously found, provided that the DEPARTMENT may, at its option, remove the said crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay to the DEPARTMENT the entire cost incUrred by it in such removal and restoration, provided such costs are accrued as specified in Paragraph 9. Page 6 of 7 22. 23. CSXT covenants and agrees that it will indemnify and hold harmless the CITY and the DEPARTMENT and all of the CITY'S and the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost charge, or expense arising out of any action, neglect, omission, or delay by CSXT during the performance of the contract, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither CSXT nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from sole negligence of the CITY and the DEPARTMENT, its officers, agents, or employees. Upon execution this maintenance Agreement shall supersede all provisions, relating to said crossing, contained in any previous maintenance Agreement and shall become the permanent maintenance Agreement of record, Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first written above. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: ATTEST: CSXT BY: TITLE: ATTEST: BY: TITLE: ATTEST' CITY, FLORIDA Legal Review BY: DATE: FORM 725-090-41 RAIL OGC.02/01 OFFICE OF PUBLIC TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES -SPECIAL- FINANCIAL PROJECT NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER Ocean Avenue W Palm Beach COMPANY NAME: A. FDOT/AAR XING NO: 628 152 K RR MILE POST TIE: B. TYPE SIGNALS PROPOSED: __ CLASS: SPECIAL DOT INDEX: SX 982.97 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES CLASS I II III IV SPECIAL Annual Maintenance Cost Exclusive of Installation DESCRIPTION Flashing Signals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks FOUR QUADRANT GATE SYSTEM COST * $1,870.00 $ 2,474.00 $ 2,820.00 $ 3,540.00 $7,080.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014.46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: July 22, 1982 334.044 F.S. 335.141 F.S. '~This schedule will become effective July 1, 2001 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.4 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must l~'>Tume~ - '- in to City Clerk's C~-SYce ". 7-~ May 8, 2002 (5:00 p.m.S: May 22, 2002 (5:00 p.m~ - 7~: June 5, 2002 (5:00 p.i~d) .-~ June 19, 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: Staff recommends the approval of a Lease agreement between The Boynton Beach Faith Based Community Development Corporation, and the City of Boynton Beach for the property located at 2191 No. Seacrest Blvd. EXPLANATION: The City of Boynton Beach reentered the property referenced above, and has made it available for a non profit organization interested in furthering community development. The Boynton Beach Faith Based Community Development Corporation has been m existence for the last two years. This "grass roots" Community Based Development Organization carries out neighborhood revitalization efforts that have a positive impact on the decline of certain target areas. During this period they have implemented many successful activities. PROGRAM IMPACT: This office space will be used for the expansion of Community Development needs by providing much needed space not only for the CDC, but will allow other agencies undertaking needed services for the underserved. FISCAL IMPACT: None to the City of Boynton Beach ALTERNATIVES: N/ t.~ DeI~'ffrtment H~a-d's Signa~'~ City Manager's Signature Department of Development Department Name f ' C-ity~o'i:ne~/t~iffan~e7 I4~u~n Resources - S :kBULLETINkFORMSE~GENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY i OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Staff recommends the approval of a Lease Agreement between The Boynton Beach Faith Based Community Development Corporation and the City of Boynton Beach for the property located at 2191 North Seacrest Boulevard; and WHEREAS, the City has reentered the propexty and has made it available for a non-profit organization interested in furthering community development; and WHEREAS, this Community Based Development orgamzation carries out teighborhood revitalization efforts that have a positive impact on the target areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby ratified and confirmed by the City CommissiOn. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Lease Agreement ,etween the City of Boynton Beach and The Boynton Beach Faith Based Community )evelopment Corporation, a copy of which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) ~:cakResokAgreement/Faith Based Comm. Develop Lease Agreement LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made this and between: day of ,2002, by CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and operating pursuant to the laws of the State of Florida, with an address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida, hereinafter referred to as "LESSOR"; and FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "LESSEE"; For and in consideration of the rents reserved and the agreements and covenants herein contained, the LESSOR does hereby lease and demise unto the LESSEE, and the LESSEE does hereby hire and take from the LESSOR, the vacant parcel of land specified below (hereinafter the "Property") upon the terms and conditions set forth herein. 2191 N. Seacrest Blvd. Boynton Beach, Florida ARTICLE I. FUNDAMENTAL LEASE PROVISIONS LESSOR LESSEE Property: Name: Address: Telephone No.: Facsimile No.: City of Boynton Beach 100 East Boynton Beach Blvd., Boynton Beach, Florida 561/742-6000 561/742-6011 Name: Address: Telephone No.: Facsimile No.: Boynton Beach Faith Based Community Development Corporation 428 NW 3rd Ave., Boynton Beach, Florida 33435 See legal description attached as Exhibit "A". Page 1 of 12 C:\WINDOWSkTemporary Intemel Files\OLKF252kFaith Based Community Lease.doc Lease Term: Monthly Base Rent: Permitted Use: One (1) Year Plus two (2) one (1) year options to extend this agreement $1.00 Offices and Administration uses. The use ~s to be limited to activities to further community redevelopment. Lease Effective Date: The date upon which the last party to execute the Lease shall be deemed to be the Lease Effective Date. Term Effective Date: The date on which the LESSOR and LESSEE execute this Lease which shall entitle the LESSEE to full access and possession of the leasehold property subject to the rent commencement provision set forth below. Rent Commencement Date: LESSEE shall be obligated to commence rental payments upon the Lease effective date and monthly on the 1st day of each month thereafter. ARTICLE II. DEFINITIONS The following definitions shall apply: A. BASE RENT: The Base Rent to be paid by LESSEE pursuant to the provisions herein. B. THE PROPERTY: The building and associated improvements, located at 2191 N. Seacrest Boulevard, Boynton Beach, Florida, and more particularly described and depicted on Exhibit "A". C. HOURS OF OPERATION: LESSEE may designate its own hours of operation between the hours of 7:00 a.m. through 10:00 p.m. Seven days a week. There shall be no hours of operation outside the permitted hours of operation provided herein. ARTICLE III. RENT AND OTHER CHARGES A. MONTHLY BASE RENT: LESSEE shall pay in adv~race to the LESSOR, without prior demand, in lawful money of the United States, on the first day of each month, without any deduction or off-set whatsoever throughout the term of this Lease, the sum specified as Base Rent under Article I, Such payment shall be made at the office of the LESSOR as set forth in Article I or at such place LESSOR may from time to time designate by written notice directed to LESSEE at the Property. Page 2 of 12 C:\WINDOWS~Temporary Intemet Files\OLKF252~Faith Based Community Lease.doc 04/15/02 B. TAXES: LESS EE acknowledges that it shall be responsible for the payment of any and all real property taxes, if any, as well as any special assessments imposed against the leasehold Property. LESSEE shall further pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the Term hereof upon all LESSEE's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Property.~ In the event any or all of LESSEE's leasehold improvements, equipment, ~ture, fixtures and other personal prOperty shall be assessed and taxed with the real property, LESSEE shall pay to LESSOR its share of such taxes :within ten (10) days after delivery to LESSEE by LESSOR of a statement in writing setting forth the mount of such taxes applicable to LESSEE's property. LESSEE shall at all times be further responsible for all applicable taxes, if any, including, but not limited to, Florida Sales Tax arising out of or associated with this Lease Agreement. LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased Property or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the subleased Property. C. INSURANCE: LESSEE shall be required to obtain insurance as set forth in Article VII set forth herein and to identify LESSOR as an additional insured. D. UTILITY CHARGES: LESSEE shall be solely responsible for and shall promptly pay all charges for heating, air-conditioning (including a maintenance contract), electricity, telephone, water, sewer, gas, janitor service and refuse removal and all other services and utilities and shall also pay all costs and expenses for the installation of such Utilities and for the extension of any and all lines necessary to provide such Utilities and services to the Property, and all connection fees, assessments and charges related thereto. ARTICLE IV. PROPERTY A. QUIET ENJOYMENT: LESSOR covenants and agrees with LESSEE that so long as LESSEE complies with the terms of this Lease, LESSEE shall have quiet and undisturbed continuous possession of the Property for the Lease term. B. USE OF THE PROPERTY: During the entire Lease Term, and all extended terms thereof, the Property must be used and occupied for the sole use specified under Article I and for no other purpose or purposes. C. PERMITS AND LICENSES: LESSEE shall procure at its sole expense any and all permits and licenses required for the transaction of business in the Property and will at all times comply with all applicable laws, ordinances and governmental regulations relating to the business of LESSEE conducted at the Property. Page 3 of 12 C:\WlNDOWS\Temporary Internet Files\OLKF252kFaith Based Community Lease.doc 04/15/02 D. MAINTENANCE: LESSEE shall at all times keep and maintain the Property in good order, condition and repair. LESSEE shall maintain the exterior of all structures and all exterior fixtures and improvements. LESSEE shall keep all parking areas free of debris. LESSEE shall maintain all landscaping on the property. E. ACCESS: LESSOR shall have right of access to the land and Property during operational hours, without notice to LESSEE, for the purpose of inspecting for compliance with the terms of the Lease. F. EASEMENTS: LESSOR reserves all rights to the air space over and under the Property. G. IMPROVEMENTS: LESSEE shall have the right to fully equip the Property with administrative office equipment, lighting fixtures, furniture, operating equipment, furnishings, floor coverings and any other equipment necessary for the operation of LESSEE's organization. If alterations become necessary because of the application of laws or ordinances or of the directions, rules or regulations of any regulatory body to the business carried on by the LESSEE or because of any act of default on the part of the LESSEE or because LESSEE has overloaded any electrical or other facility, LESSEE shall make any required alterations whether structural or nonstructural at its own cost and expense after first obtaining LESSOR's written approval of plans and specifications. All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Provided LESSEE has fulfilled all of its obligations under the Lease upon expiration of the term of this Lease, LESSEE shall have the right to and agrees to promptly remove its equipment and restore the Property to its pre-lease status. H. LIENS: LESSEE agrees that it will make a prompt payment when due, of.all costs and expenses incurred in carrying out its agreement herein and of all costs and expenses of any repairs, constructions or installations which are the responsibility of LESSEE hereunder. LESSEE agrees to indemnify, defend and save LESSOR harmless from and against any/all liabilities incurred by LESSEE including any mechanics, materialmen's, or laborers' liens asserted or claimed against the Property or any part thereof on account of work, labor or materials used in the Property or in any improvement or change thereof made at the request of, or upon the order of, or to discharge the obligation of LESSEE. Should any mechanic's or other lien be filed against the Property or any part thereof for any reason whatsoever, LESSEE shall cause the same to be cancelled and discharged of record by bond or otherwise within thirty (30) days after the date of such filing. In no event shall anything contained in this paragraph or elsewhere in the Lease be deemed to subject LESSOR's interest in the Property to the lien of any person doing work or furnishing materials at the instance and request of LESSEE. Page 4 of 12 C:\WINDOWS\Temporary Intemet Files\OLKF252~Faith Based Community Lease.doc 04/15/02 I. DESTRUCTION: 1. Partial Damage. "Partial Damage" means damage or destruction to the building of which the Property are a part to the extent that the cost of repair is less than fifty percent (50%) of the fair market value of the building immediately prior to such damage or destruction. If at any time during the Term there is damage which falls within the classification of Partial Damage, LESSEE shall, at LESSEE's option, either (i) repair such damage, in which event this Lease shall continue in full force and effect, or (ii) give written notice to LESSOR within thirty (30) days after the date of the occurrence of such damage of LESSEE's intention to terminate this Lease, which termination shall be effective as of the date of notice. 2. Total Destruction. "Total Destruction" means damage or destruction to the building of which the Property are a part to the extent that the cost of repair is fifty percent (50%) or more of the fair market value of the building immediately prior to such damage or destruction. If at any time during the Term there is damage which falls into the classification of Total Destruction, LESSEE shall, at LESSEE's option, either (i) repair such damage within ten (10) months of the date of such damage, or (ii) either LESSOR or LESSEE may terminate this Lease as of the date of such Total Destruction. J. ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet the Property orany part thereof to another party unless consented to by the LESSOR in writing. K. TERMINATION: LESSOR may terminate this lease at any time by providing thirty (30) days written notice to LESSEE. Upon the termination or expiration of the Lease, LESSEE shall remove the statues and improvements, clean and clear all debris and surrender the Property to LESSOR. ARTICLE V. LIABILITY A. INDEMNITY: 1. LESSEE agrees, represents, warrants and covenants that it shall indemnify, defend and hold harmless the LESSOR (provided LESSOR is not negligent and/or is not in default under the terms of this Agreement) from all suits, actions, damages, liabilities, expenses and attorney's fees and costs in connection with the LESSEE's use of the Property, including but not limited to loss of life, bodily or personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or from the Property, unless caused by the LESSOR's gross negligence or willful misconduct. In the event of any litigation arising out of this provision, the prevailing party shall be entitled to recover its attomeys fees at the trial and appellate level as well as all reasonable costs expended. B. INSURANCE PROPERTY, LIABILITY AND OTHER INSURANCE: LESSOR shall maintain at its own cost and expense all insurance pOlicies providing coverage to the leasehold Property, however, LESSEE shall be responsible for obtaining the following identified insurance and showing LESSOR as an additional insured. Page 5 of 12 C:\WINDOWS\Temporary Intemet Files\OLKF252XFaith Based Community Lease.doc 04/15/02 Certificates of Ins~a-n:~reflecting evidence of the required insurance shall be filed with the Citv's Risk Manager prior.?t~;tie commencement of this Agreement. These Certificates shall contain a provision that cover~ afforded under these policies will not be cancelled until at least forty-five days (45) prior ~omotice has been given to the CITY. Policies shall be issued by companies authorized to do ba~s pursuant to the laws of the State of Florida. Financial Ratings must be not tess than "A-¥Fi~-~ the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Insurance shall be i~ff~rce until the obligations required to be fulfilled under the terms of this Lease are satiSfied. }~he event the insurance certificate provided indicates that the insurance shall terminate and lap~ng the period of this Lease, then LESSEE shall furnish to LESSOR, at least thirtY(30) day~or to the expiration of the date of such insurance, a renewed certificate of insurance as proo£.~~ equal and like coverage for the balance of the period of the contract and extension thereund~iS~ in effect. The LESSEE shall not utilize the Property pursuant to this contract unless all ~ed insurance remains in full force and effect. Commercial ~neral Liability insurance to cover liabihty bodily injury and property damage. ,:i~osures to be covered are: Property, operations, products/completed operations,....~ certain contracts. Coverage must be written on an occurrence basis, with the follow~its of liability: $1,000,000 $1~000,000 $1,ooo,ooo $~,ooo,ooo Combined Single Limit - each occurrence Combined Single Limit general aggregate Personal Injury ~oducts/Completed Operations Aggregate Professio~bihty Limit $1,000,000 LESSEE shall be m~nsible to maintain any and all insurance necessary in an amount adequate to cover the cost of-~cement of all decorations and improvements, fixtures and contents in the Demised Property.~l[e event of a property loss. ARTICLE VI. PERFORMANCE A. DEFAULT: ~'he following events shall be deemed to be events of default by LESSEE under this Lease: If 1. LES~ shall fail to pay any installment of Rent and such failure shall continue for a period often (10) d~. :s without notice or demand. 2. LES$~.. shall fail to comply with any term, provision or covenant of this Lease, other than payment...~, Rent and shall not cure such failure within fifteen (15) days after written notice thereof to EE~E. Page 6 of 12 C:\WlNDOW$\Temporary ~n, ter~ Files\OLKF252~Faith Based Community Lease.doc 04/15/02 3. LESSEE shall become insolvent or shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors. 4. LESSEE shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State thereof, or there shall be filed against LESSEE a petition 'in bankruptcy or insolvency or a }imilar proceeding and any such proceedings shall not have been dismissed within thirty (30) days after its commencement, or LESSEE shall be adjudged bankrupt or insolVent in proceeding filed against LESSEE thereunder. 5. A receiver or Trustee shall be appointed for the Property or for all or substantially all the assets of LESSEE. 6. LESSEE shall do or permit to be done anything that creates a lien upon the Property, or any portion thereof subject to the LESSEE's right to use. B. REMEDIES: Upon the occurrence of any such events of default, LESSOR shall have the option, without any notice or demand whatsoever to pursue any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or provided elsewhere herein: 1. After the expiration of any grace periods or cure periods in the event of any such default or breach by LESSEE, LESSOR may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting LESSOR in the exercise of any right or remedy which LESSOR may have by reason of such default or breach: 2. Terminate LESSEE's fight to possession of the Property by. any lawful means, in which case this Lease shall terminate and LESSEE shall immediately surrender possession of the Property to LESSOR. In such event LESSOR shall be entitled to recover from LESSEE any and all damages incurred by LESSOR by reason of LESSEE'S default, including, but not limited to, the cost of recovering possession of the Property, the expense of reletting, including necessary renovation and alteration of the Property, reasonable attomeys' fees and costs, and damages in an amount equal to the difference between the .rental payments and other amounts due hereunder and the fair rental value of the Property for the balance of the Lease Term, and that portion of any leasing commission paid by LESSOR and applicable to the unexpired Term of this Lease. Unpaid installments of Minimum Rent or other amounts due shall bear interest from the date due at the maximum legal rate, or 3. Resume possession by any lawful means and relet the Property for the remainder of the Lease Term for the benefit of the LESSEE and recover from LESSEE at the end of the Lease Term, or at the time each rental payment becomes due under this Lease, as LESSOR may elect, the difference between the amount of the rental payments due hereunder and the actual amount of rent received after reletting the Property, together with all costs and expenses of LESSOR in connection Page 7 of 12 C:\WlNDOWS\Temporary Internet Files\OLKF252kFaith Based Community Lease.doc 04/15/02 with such reletting, and the costs of all repairs and renovations reasonably necessary in connection with reletting the Property. In addition, LESSOR shall recover fi:om LESSEE immediately any other damages occasioned by or resulting fi:om the abandonment or a breach or default other than a default in the payment of rent or other amount due hereunder, including reasonable attorneys' fees and costs incurred. 4. Pursue any other remedy now or hereafter available to LESSOR under the laws or judicial decisions of the State in which the Property are located. C. NO WAIVER: Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to LESSOR hereunder or of any damages accruing to LESSOR by reason of the violation of any of the terms, provisions and covenants herein contained. No action taken by or on behalf of LESSOR shall be construed to be an acceptance or a surrender of this Lease. Forbearance by LESSOR to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. In determining the amount of loss or damage which LESSOR may suffer by reason of termination of this Lease or the deficiency arising by reason of any reletting of the Property by LESSOR as above provided, allowance shall be made for the expense of repossession, including attorney's fees, any repairs or remodeling undertaken by LESSOR following repossession and brokerage commissions. The failure of the LESSOR or LESSEE to insist, in any one or more instances upon strict performance of any of the covenants or agreements in this Lease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment for the furore of such covenant, agreement or option, but the same shall continue and remain in full force and effect. The receipt by LESSOR of Rent, with knowledge of the breach of any covenant or agreement thereof, shall not be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereto shall be deemed to have been made unless expressed in writing and signed by LESSOR. D. INTERPRETATION: The covenants and agreements herein contained shall bind and the benefits and advantages hereof shall inure to the respective heirs, legal representatives, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular and the use of any gender shall include all genders. This Lease may not be changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. The marginal notes and headings of this Lease are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of intent or otherwise affect in any way this Lease. This agreement shall create the relationship of LESSOR and LESSEE between the parties hereto. No estate shall pass out of LESSOR. LESSEE shall have only an interest not subject to levy and sale and not subject to assignment except in accordance with the provisions hereof. Should any of the printed prc~visions of this Lease require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms of any such printed Page 8 of 12 C:\WlNDOWS\Temporary Intemet Files\OLKF252XFaith Based Community Lease.doc 04/15/02 provision shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same it being agreed that the agents of all parties have Participated in the preparation of this Lease and that all terms were negotiable. E. ENTIRE AGREEMENT: Notwithstanding anything herein contained or contained in any other writings conceming the Property by either of the parties hereto, the parties hereto agreeing hereby that all such other writings are hereby superseded and/or merged into this Lease which shall be the entire agreement of the parties concerning said Property. This Lease shall not become binding as such upon LESSOR Unless all preliminary conditions required to :be performed by LESSEE are so performed. LESSEE acknowledges that LESSOR makes no representations as to its ability to build or LESSEE's ability to conduct the business intended to be conducted on the Property under said zoning laws and the rules and regulations of said public authority having jurisdiction: LESSEE acknowledges that LESSOR (including LESSOR's agents and employees) has not made any statement, promise or agreement or :taken upon itself any engagement whatsoever, verbally or in writing, .in conflict with the terms of this Lease, or that in any way modifies, varies, alters, enlarges or 5nvalidates any of its provisions and that no obligation of the LESSOR shall be implied in addition to the ~obligations herein expressed. ARTICLE VII. HAZARDOUS WASTES A. LESSEE represents that it shall comply with all local, state and federal laws regulating hazardous waste. Furthermore, LESSEE agrees that it shall be responsible for the lawful disposal, storage and utilization of all substances that may be deemed to be "hazardous" under any of the local, state or federal laws. B. Corrective Action means investigation, active remediation, passive remediation, or monitoring or any combination of these activities. Any Corrective Action performed by LESSEE will be performed in accordance with applicable regulatory requirements. ARTICLE VIII. MISCELLANEOUS A. BINDING EFFECT: The terms, provisions and covenants contained in this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors- in-interest and legal representatives except as otherwise eXpressly provided herein. B. RADON GAS: In 1988, the Florida legislature passed a provision that requires the following notification to be provided on at least one document, form or application executed at the time of or prior to the Contract for Sale and Purchase of any building or execution of a rental agreement for any building: Page 9 of 12 C:\WINDOWS\Temporary Internet Files\OLKF252~Faith Based Community Lease.doc 04/15/02 "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health mt." C. SECURITY MEASURES: LESSEE assumes all responsibility for the protection of LESSEE, its employees, agents and invitees fi.om acts of third parties. D. AUTHORITY: If LESSEE is a corporation, trust or general or limited parmership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. If LESSEE is a corporation, trust or partnership, LESSEE shall, prior to or simultaneous with execution of this Lease, deliver to LESSOR evidence of such authority satisfactory to LESSOR. E. TIME OF ESSENCE: Time is of the essence of this Lease and each and every provision hereof. F. NOTICES: Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to_ be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. LESSOR: Kurt Bressner, City Manager City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 To: james Cherof, City Attomey Goren, Cherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 Page 10 of 12 C:\WINDOWS\Temporary Intemet Files\OLKF252XFaith Based Community Lease.doc 04/15/02 LESSEE: G. RECORDING: Recordation. Neither LESSOR nor LESSEE shall record this Lease, nor any memorandum hereof, in the Public Records of Palm Beach County, Florida, or any other place. Any attempted recordation by LESSEE shall render this Lease null and void, and shall entitle LESSOR to the remedies provided for herein by LESSEE's default. H. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any person or circumstance to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. I. VENUE: In any proceeding brought relative to the terms or provisions of this Lease, venue shall be in Palm Beach County, Florida. J. NO REPRESENTATION: LESSEE agrees and acknowledges that it has not relied upon any market projections, master development plans, circulars, prospectus, advertisements, drawings, phases, or any other representations made by the LESSOR, its employees and officers, brokers or agents in executing this Lease other than those set forth herein. LESSEE has independently determined the economic benefits of leasing the Property and agrees to indemnify and hold the LESSOR harmless from and against any and all loss, damage, claim, demand, liability or other expense by reason of any damage to LESSEE, its employees and officers, brokers or agents which may arise or be claimed to have arisen as a result of any representations made by the LESSOR, its agents, officers, employees, or brokers with respect to the Property, Building, and/or Property. K. ACCORD AND SATISFACTION: No payment by LESSEE or acceptance by LESSOR of a lesser amount than the Minimum Rent or other amounts due hereunder shall be deemed to be other than on account of the earliest Minimum Rent or other amount due, nor shall any endorsement or statement on any check or payment, or any letter accompanying any check or payment, be deemed an accord and satisfaction, and acceptance of such check or other payment shall be without prejudice to LESSOR's right to recover the balance of such Minimum: Rent or other amount due, or pursue any other remedy provided herein or by law. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. LESSOR: CITY OF BOYNTON BEACH Page 11 of 12 C:\WlNDOWS\Temporary Internet Files\OLKF252~aith Based Community Lease.doc 04/15/02 ATTEST: BY: JANET P~5I~ CITY CLERK BY: Mayor APPROVED AS BY: OFFICE OF ~CITY ATTORNEY WITNESSES: LESSEE: FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATE OF FLO~.~ ) ) ss COUNTY OF P~BEACH ) ON THIS ~ day of public, personally ~ared has produced subscribed to the foi~oing instrument. ,2002, before me, the undersigned notary ., personally known to me, or who as identification, and is the person who IN WlTNESgWHEREOF, I hereunto set my hand and official seal. SEAL: NOTARY PUBLIC Print or Type Name Page 12 of 12 C:\WINDOW$\Temporary In~ Files\OLKF252',Faith Based Community Lease.doc 04/15/02 Requested City Commtssi:on Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16. 2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEA CH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned tn to City Clerk's Office March 6. 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested CiD' Commission Meeting Dates [] May 21.2002 [] June 4, 2002 [] lune 18.2002 [] July 2,2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.l June 5, 2002 (5:00 p.m.~ June 19, 2002 (5:00 p.m3 NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentauon [] City Manager's Report RECOMMENDATION: EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. On April 18, 2002, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on various items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. ALTERNATIVES: Janet M. Prainito, City Clerk City Clerk's Office Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON April 18, 2002, AS SET FORTH IN EXHIBIT 'A' ATTACHED HERETO; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of April 18, 2002, as set forth in the attached Exhibit "A"; 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 ratify the actions taken by the South Central Regional Wastewater Treatment & Disposal Board on April 18, 2002, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this dayofMay, 2002. C~Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk :cakReso~SCRWTD -041802 EXHIBIT "A" 1. Authorization to expend $1,525 from repair & replacement fund on a emergency basis for D.O. Probe for "A" plant aeration; 2. Authorization to expend $78,000 from repair & replacement funds on an emergency basis to replace recirculation pumps in "A" and "B" plant scrubbers; 3. Authorization to expend $2,500 from repair & replacements funds to replace screw on Westec Hydro Gritter BOARD City Council Members of Boynton Beach & De]ray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach. Florida 33445 Telephone (561. 272-7061 (561) 734-2577 Fax: .561) 265-2357 E-mail: scrww~p@ ~x.netcom.com TO: FROM: DATE: RE: MEMORANDUM Janet Prainito CITY OF BOYNTON BEACH Mary Ann Shumilla ?f /~..~ ~" April 19, 2002 RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly which require signatures. Would you place Commission meeting. Annual Meeting of April 18, 2002 these on the Agenda for your next Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND $1,525. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR D.O. PROBE FOR "A" PLANT AERATION. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND $78,000 FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE REClRCULA TION PUMPS IN "A "AND "B" PLANT SCRUBBERS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND $2,500 FROM REPAIR & REPLACEMENT FUNDS TO REPLACE SCREW ON WESTEC HYDRO GRITTER. WHEREAS, said Board ~ction requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6. 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June I8,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.mA May 22, 2002 (5:00 p.m.) June 5.2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 7, 2002 City Commission Agenda under Consent Agenda. The Plarmmg and Development Board with a unammous vote, recommends that the subject request be approved. No staff comments are recommended. For further details pertaining to the request, see attached Deparunent of Development Memorandum No. PZ 02-069. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PACKAGING CONCEPT (SPTE 02-001) Join Brinkman, AICP PJM & Associates, LC 4925 Park Ridge Boulevard Request for a (1) one-year time extension to April 3, 2003 of the site plan approval and concurrency certification originally granted on April 3, 2001. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A Deve~pmennt ~p~m-er~t birector City Manager's Signature Planning and Zoffin*~ Director City Attorney / Finance / Human Resources S:kPIanningxSHARED\WP~PROJECTS\Quantam Park Lot 47 (Packaging Concepts)~Agenda Item Request Packaging Concept SPTE 5-7-02.dot S:~BULLETIN~ORMSXCtGENDA ITEM REQUEST FORM.DOC TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 02-069 Chairman and Members Planning and Development Board Michael W. Rumpf''/''~ Planning and Zoning Director Lusia Galav, AICP_q~ Principal Planner ~ April 4, 2002 Packaging Concepts SPTE 02-001 NATURE OF REQUEST Joni Brinkman, Winston Lee & Associates, agent for property owner, PJM & ASsociates is requesting a one year time extension, of the site plan approval originally granted on April 3, 2001. The property, zoned PID, consists of 3.65 acres of developed property located on Lot 47 in Quantum Park. If approved, the request would extend the expiration date of this site plan approval, including concurrency certification, to April 3, 2003 (see Exhibit "A" - Location Map). BACKGROUND On April 3, 2001, the City Commission granted major site plan modification approval to Packaging Concepts for a 28,000 square foot addition to the existing 25,838 square foot manufacturing/office building. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. During the process of assembling the construction documents necessary to submit for building permits, an error in the title work was discovered. An existing water main easement was found which is located in the proposed building expansion area. The drawings had to be revised and approval had to be obtained from the Quantum Community Development District to relocate the easement. 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 prior 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 February 21, 2001, prior to the expiration date. The applicant applied for an abandonment of the water main easement on February 15, 2001. The intent is to abandon the existing easement and relocate it farther south along the property line (See Exhibit "B"). Notification requirements for the abandonment procedure require a longer review period. Staff recommended that the time extension follow the same approval track as the abandon ment. In the meantime, the applicant is preparing to submit revised permit plans as soon as possible. A minor modification application was submitted to the Planning and Zoning Division for approval to accommodate the changes required due to the easement relocation. Memorandum No 02-069 Packaging Concepts SPTE 02-001 Page 2 RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan and concurrency approval be granted, which would extend project approval to April 3, 2003. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during the building permit process. If additional conditions 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 "C" - Conditions of Approval. \\CH~vIAIN\SHRDATA\PLANNING\SHARED\WP\PROJECTS\QUANTUM PARK LOT 47 (PACKAGING CONCEPTS)\SPTE 02-001\SPTE-02-001 STAFF REPORT. DOC LOCATION MAP Packaging Concepts EXHIBIT "A" ,/ 'OI::IOLA' IYN OF cOIVIIVI E UANTLi M PARK). '-R 1/8 PU MILES DESCRIPTION & SKE, .,H PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT LEGAL DESCRIPTION BEING A PORTION OF AN EXISTING 10 FOOT WIDE WATER MAIN EASEMENT RECORDED IN OFFICIAL RECORD BOOK 6689, PAGE 629, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LYING IN A PORTION OF LOT 47-B, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PJM AT QUANTUM PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 50, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88' 50'54" WEST ALONG THE SOUTHERLY LINE OF SAID PJM AT QUANTUM PARK A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88' 50'54" WEST ALONG SAID SOUTHERLY LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY LINE A DISTANCE OF 222.00 FEET TO A POINT IN THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOT 47-B, QUANTUM PARK AT BOYNTON BEACH; THENCE SOUTH 01' 09'05" WEST ALONG SAID LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 88' 50'54" EAST A DISTANCE OF 222.00 FEET TO A POINT ON THE WEST LINE OF SAID 15.0 FOOT UTILITY EASEMENT; THENCE NORTH 01' 09'05" EAST ALONG SAID WEST LINE A DISTANCE r- 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING in all 2,220 sq. ft. and/or 0.05 acres, more or less. SURVEYOR'S NOTES: " 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAN.D'SURVEYING, INC. LB LIDBERG~,/~. LS DAV~)/Cy~J~i;R~[G '/ POC PROFESSIONAL SURVEYOR AND MAPPER ROW FLORIDA CERTIFI(TATE No. 3613 UE / = LICENSE BUSINESS = LICENSE SURVEYOR = OFFICIAL RECORD BOOK = PLAT BOOK = POINT OF BEGINNING = POINT Or = RIGHT.OF-WAY = UTILITY EASEMENT LIDBERG LAND SURVEYING, INC. CAD K:~AUTOCAD2000~174543[00-253~A00-253A REF K:IAUTOCAD\ FLD ~ FB. PG. OFF S.F.B. CKD D.C.L SHEET 1 OF JOB DATE 2 DWG 00-253-303A ' 0t/02J02 A00-253A DESCRIPTION & SKE'I ,,.,H PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT RELEASE EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 EXISTING EASEMENT rn PORTION OF ~ ~ LOT 47-B PLAT BOOK 76, PAGE 50 ' P~M AT QUA.TUM PARK -~ ~> ~ , 14 BEGINNIN;% ,m Ix t ~ / 222-00N88°50'~"W ' ~ ~~ ~ I~= LOT 47-B ~o ~ ~ ~ I~ E: P~T BOOK 60, PAGE 34 m ~ FI P ~ ~ m~ ~ ~ QUANTUM PARK AT BOYNTON B~CH, ~ ~l ~ m I~q~ P.I.D.P~TNO. 10 ~N-~ I ~m I ~ ' SOUTH LINE LOT 47-B m I -- -- -- I ........... .~.~HL~.~ LO~ 4~ ........ ~ -- ~ 40 20 0 40 G~PHIC SCALE IN FEET SCALE: 1" = 40' LIDBERG LAND SURVEYING, INC. LB 4431 CAD K:~AUTOCAD2000~174543\00-253~A00-253A REF K:~AUTOCA~ .r,~.. ~or-k~ a.~.~a ~'~z. ~-?,t6-a.~.~ CKD D.C.L SHEET 2 OF FLD CREW FB. PG. JOB DATE OFF OFFICE 2 00.253-303A 01102/02 A00-253A DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B" PACKAGING CONCEPTS sPTE 02-001 PROPOSED EASEMENT LEGAL DESCRIPTION A 12 FOOT WIDE AND 10 WIDE STRIP OF LAND BEING A PORTION OF LOTS 47-B AND 47-C, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10, ACCORDING TO THE PLAT THEREC F AS RECORDED IN PLAT BOOK 60, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND HEREIN DESCRIBED IN TWO PARTS REFERRED TO AS EASEMENT 'A' AND 'B', THE CENTER LINES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT "A" COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 47-B, QUANTUM PARK AT BOYNTON BEACH; THENCE NORTH 88°50'54" WEST, ALONG THE SOUTH LINE OF SAID LOT 47-B, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST LINE OF A 15 UTILITY EASEMENT RUNNING PARALLEL AND ADJACENT WITH BETA DRIVE AS SHOWN ON SAID QUANTUM PARK AT BOYNTON BEACH, SAID POINT BEING THE CENTERLINE OF A 12.0 WIDE STRIP OF LAND AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88°50'54" WEST A DISTANCE OF 26.31 FEET; THENCE SOUTH 01°09'05" WEST A DISTANCE OF 33.69 FEET TO A POINT ON SAID 15 UTILITY EASEMENT AND THE POINT OF TERMINUS. EASEMENT "B' COMMENCING AT THE AFOREMENTIONED TERMINUS POINT OF EASEMENT "A"; THENCE SOUTH 01°09'05" WEST RUNNING ACROSS A PORTION OF SAID 15 UTILITY EASEMENT A DISTANCE OF 70.09 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID 15 FOOT UTILITY EASEMENT AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE OF A 12.0 FOOT WIDE EASEMENT; THENCE SOUTH 01°09'05" WEST A DISTANCE OF 53.88 FEET; THENCE NORTH 88°50'54- WEST A DISTANCE OF 78.18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 01°09'05" WEST A DISTANCE OF 18.00 FEET; THENCE CONTINUING FROM THE AFOREMENTIONED POINT "A" NORTH 88°50'54' WEST A DISTANCE OF 112.51 FEET, TO A POINT IN A LINE 5.00 FEET EAST OF AND PARALLEL TO THE EAST LINE OF THE WEST 85.12 FEET OF SAID LOTS 47-B AND 47-C, SAID POINT BEING ON THE CENTERLINE AND THE BEGINNING OF A 10 WIDE STRIP OF LAND; THENCE NORTH 01°09'05" EAST, ALONG SAID PARALLEL LINE A DISTANCE OF 229.19 FEET TO A POINT IN A LINE 71.53 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 47-B AND THE POINT OF TERMINUS. CONTAINING IN ALL 6,689 SQ. FT. AND/OR 0.15 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE, 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SF_.~F A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LI.DBE'~ ..~.~,:A. ND SURVEYING, INC. PROFESSIONAL-Si LIRVEYOR AND MAPPER FLORIDA CERTIFICATE No. 3613 LEGEND: LB =LICENSE BUSINESS LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT CAD } LIDBERG D _SuRvEYiLAN """ NG, NC. K:~AUTOCAD2000\174543\00-253~A00-253 K:~AUTOCAD\ S.F.B. FB. PG. D.C.L. SHEET 1- OF 2 JOB DATE 00-253-303 01/02/02 A00-253 DESCRIPTION & SKETCH PREPARED FOR: PJM & ASSOCIATES LC WATER MAIN EASEMENT EXHIBIT "B" PACKAGING CONCEPTS SPTE 02-001 PROPOSED EASEMENT POINT OF. TERMINUS'X~ / PLAT BOOK 76, PAGE 50 PJM AT QUANTUM PARK I 25.00' 10' WATER LiNE EASEMENT O.R.B. 6689, PG. 629 I 15' UTILITY EASEMENT PER ;--1 PLAT BOOK 60, PAGE 34 REMAINDER OF ~ POINT ' PLAT BOOK 60, PAGE 34 i QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10 I MAIN EASEMENT LOT 47-C PLAT BOOK 60, PAGE 34 QUANTUM PARK AT BOYNTON BEACH P.I.D. PLAT NO. 10 ' .o O.O. PROPOSED 12' WATER MAIN EASEMENT "B" w~~'~- ~= ~o 2o 40 GRAPHIC SCALE IN FEET SCALE: 1" = 40' 8O LIDBERG LAND L~ SURVEYING, INC. CAD K:~AUTOCAD2000~ 174543\00-253~.00-253 REF K:~AUTOCAD~ FLD Ifs. PG. I JOS CKD D.C.L. SHEET 2 OF 2 DWG 00-253-303 01/02/02 A00-253 EXHIBIT "C" Conditions of Approval Project name: Packaging Concepts File number: SPTE 02-001 Reference: Site Plan Time Extension for Lot 47 Quantum 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 BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 47 (Packaging Concepts)\SPTE 02-001\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Packaging Concepts APPLICANT'S AGENT: Joni Brinkman, Winston Lee & Associates APPLICANT'S ADDRESS: 1532 Old Okeechobee Road Suite 106 West Palm Beach, FL. 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 5/7/2002 TYPE OF RELIEF SOUGHT: One year time extension of site plan approval. LOCATION OF PROPERTY: Lot 47 Quantum Park PID 4925 Park Ridge Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 This Order shall take effect immediately upon issuance by the City Clerk. Al further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 47 (Packaging Concepts)\SPTE 02-001\Develop. Order Form-2002-Revised.doc Requested City Commission Meetine Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLv Date Final Form Must be Tumed in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21,2002 [] June4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) 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 May 7, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to staff comments, and an additional condition to set traffic speed through the project to the lowest possible speed (recommended at 25 mph). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-072. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: QUANTUM TOWN HOMES EAST AND WEST Julian Bryan and Associates Quantum Ltd Partners, L.L.C. Quantum Boulevard Request for approval of a technical site plan with waivers for a 271 tom home development in a mixed-use pod within the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES./~ City Manager's Signature Planning andtZckfing Director City Attomey/ Finance / Human Resources S:kPIanningkSHARED\WPkPROJECTS\Quantum Townhomes East & WestkEasflAgenda Item Request Quantum Townhomes E&W 5-7-02.dot SSBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-072 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION April 9, 2002 DESCRIPTION OF PROJECT Project Name/No.: Quantum Townhomes East & West (Lots 7-11 and 23-31) / NWSP 02-002 Property Owner: Quantum Limited Partners, L.L.C. Applicant/Agent: Continental Homes (Contract Purchaser) / Julian Br~an, Julian Bryan & Associates Locatio n: Lots 7-11 and 23-31 Quantum Park Land Use/Zoning: Industrial/Planned Industrial Development (PID') Quantum Park DRI Land Use is IVIxed Use - MU Type of Use: Residential Multi-family Townhomes Project size: Site Area: 31.5 acres (Includes water tracts and road right-of-way) Dwelling Units: 271 Adjacent Uses: (see Exhibit "A"- Location Map) North Quantum Park Tract 92 currently vacant and designated for a City Park; South Quantum Park Tract 22, Masonic Lodge, designated Office (O) and Tract 6, Stanton Magnetics, designated industrial (I); r-~ East Quantum Park Water Management Tract and designated Wetland area; al. West The Lake Worth Drainage District (LWDD) E-4Canal and farther west, Dos Lagos residential development zoned PUD. Site Characteristics:The subject vacant parcels within the Quantum Park PID contain various trees and undergrowth characteristic of disturbed scrub habitat. According to the environmental report submitted by the applicant, the vegetation is dominated by weedy species due to past clearing of the site. Tree species include Brazilian pepper, earleaf acacia, Australian pine and cabbage palm. A few cocoplum and seagrape shrubs exist on site. During the field survey conducted on April 9, 2002 several gopher tortoise burrows were located. It is estimated that the site may contain four (4) or five- (5) gopher tortoise. The relocation of the gopher tortoise will require a special on-site permit from the Florida Game and Fresh Water Fish Commission (FGFWFC). Proposal: The developer proposes to construct 271 fee simple townhome units on 23.27 developable acres. The units will be built on either side of Quantum Boulevard in the northwest corner of the Quantum Park PID. Lots 23-31 (west) will contain 169 units and lots 7-11 (east) will contain 102 units. These will be two and three-stow, townhomes attached in clusters of four to seven units. The three stow units located on the east side of Quantum Boulevard will all have three bedrooms, two and one-half baths and two car garages. The two-story units on the west side of Quantum Boulevard will all have three bedrooms, two and one-half baths and one car garages (see Exhibit "B" - Proposed Site Plan). The development will include a 1,500 square foot clubhouse, swimming pool, tot lot, volleyball court and large grassed play area for use by all residents On November 6, 2001 the City Commission approved Quantum Park DRI Developme,,, Order Amendment #12 changing the land use designations for lots 7-11 and 23 - 31 to allow "Mixed Use" (MU) development. In addition, the total number of residential dwelling units Page 2 Quantum Townhomes East & West Site Plan Review Staff Report Memorandum No. PZ 02-072 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility:. permitted in Quantum Park was increased from 500 to 1000. On April 16, 2002 the City Commission approved Ordinance No. 02-017amending the "pod" definition to include all parcels designated for "Mixed Use" in a PID, thereby allowing consolidated parcels designated for "Mixed Use" to be used solely for residential development. Prior to this amendment, the definition of a "pod" required that consolidated lands designated "Mixed Use" contain a combination of office, commercial and residential uses. A traffic statement for this project was submitted and approved by the Palm Beach County Traffic Division. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. The major entrances for the project will be located on Quantum Boulevard. The entrance location for the east and west side of the developrnent are aligned and separated by a traffic circle proposed for the middle of Quantum Boulevard. Each entrance provides two ingress drive aisles separated by a four (4) foot median and one egress drive aisle. The ingress and egress lanes are separated by a minimum 16-foot heavily landscaped median. The traffic circle configuration permits right-turn in and right-turn out access only onto Quantum Boulevard. Electronic entry gates are located at the north and south entrances of the interior circulation drive on both east and west sides of the proposed development. A significant feature of this project is the applicant's proposal to reduce the right-of way for Quantum Boulevard from four lanes divided by a median to two lanes with a traffic circle. This right-of-way reduction affects the portion of Quantum Boulevard that bisects the east and west portions of the project. Reducing the right-of-way in this area together with the traffic circle provides traffic calming measures that help to slow traffic and create a more cohesive development. The parking requirement for the proposed development is based on the PUD standard of two (2) spaces per unit plus 12 spaces for recreation facilities and the leasing office. The east side of the development with 102 units provides 204 garage spaces and 34 guest spaces for a total of 238 spaces. The 34 guest spaces are located throughout the site as parallel parking along the interior roadways. The west side of the development with 169 units provides 169 garage spaces and 338 driveway spaces for a total of 507 spaces. This equates to three (3) spaces per unit. Aisc provided are 14 spaces for the recreation area. This includes one handicap space. Parking space dimensions will conform to code requirements except for those spaces provided in front of an enclosed garage space. These spaces are three (3) feet less than the required 12-foot width as required by code. This code deviation specifically affects the site plan for the west side of the project. A code waiver is requested to allow a reduction in required parking for parking space width for the first space not vcthin an enclosed qaraqe as required by Chapter 2, Section 11.H. 2. Landscaping: The landscaping proposed for the site will meet or exceed the code. Extensive foundation Page 3 Quantum Townhomes East & West Site Plan Review Staff Report Memorandum No. PZ 02-072 plantings are proposed for all of the townhouse buildings as well as the clubhouse recreation area. The project entrance landscape designs mirror one another and include Coconut Palms, clusters of Sabal Palms, and Yellow Tababuia. Staff recommends the addition of signature trees at the two entrances to the development (see Conditions of Approval - Exhibit "D"). The center of the traffic circle on Quantum Boulevard contains Sabal Palm:s, Viburnam Odoratissimum and Wax Jasmine shrubs. A 20 foot landscaped buffer is proposed along both sides of, QUantum Lakes Drive. Along the east side of Quantum Lakes Drive the buffer w II be heav lY landscaped with Mahogany and Live Oak trees, Sabal palms and a variety of shrubs and ground cover. The existing sidewal ulevard will be lined with oak trees spaced 30 fee In accordance with code requirements the project will be properly buffered from the adjacent land uses to,,t, he north,,and south. The parcel to'the south of tract 7 (east side) is designated Industrial on the Quantum Park MaSter Plan and developed for Stanton Magnetics. The parcel to the south of tract 23 (west side) is designated Office on the Quantum Park Master Plan is de ~nic Lodge. Along the south property line of tracts 7 and 23 a.five foo' Cocoplum hedge will be provided. It will also include Live Oak or f 30 feet. To the north of tract 31, the project will be buffered t foot chain link fence and CocoplUm hedge. It will also de Live feet on center. A 40 foot buffer is required Landscape Buffer Plan. A 2~ remaining 20 feet will be plante hedge. Tracts -11 ar from five (5) parking Palm provided ~ ~ng the lake bank. )er the Quantum Park Periphe.-¢~ ffer is canal right-of-way. '[ on center and a Cocoplurn Park. The buffer vades on the location of parallel and Mahagony trees, Sabal pedestrian pathway will be Building and Site: This application is considered a "technical site plan" as defined in Chapter 2, Section 7.P. of the Land Development RegulationS. A total of three with this submittal. In addition to the parking applicant is requesting waivers for side yard s( A list of the requested waivers is located on the procedures, and the required justification statement other building and site regulations will be met whet the permit drawings. are requested in conjunction waiver discussed above, the bUilding separation requirements. plan as required by the waiver "C" of this report. All are incorporated into Code waivers are also requested for a reduced side yard setback and reduced buildinq separation requirements as required by PID district regulations. Community Design: The project consists of 271 two and three-stow:fee simple townhomes. The buildings are designed with stucc° fa(;ades and terra Cotta s-barrel tile roofs. Other fa(;ade enhancements inclL~de covered porches, shuttered windows and textured banding. Garage doors will not face Quantum Boulevard. A complimentary palette of fagade colors will be used with two color s,c, hemes propo,s, ed. Exterior wall colors will vary from a light cream to beige. Shutt will be Mid.n, ight Blue. Sidewalks. are provided through°ut the development as well as landscaping around the buildingsi the reCreation facilities and common areas. The building materials a~'e Sim ar n character to those used for the Villas at Quantum Lake rental Page 4 Quantum Townhomes East & West Site Plan Review Staff Report Memorandum No. PZ 02-072 apartment project. The terra cotta s-barrel tile roofs are compatible with the Dos Lagos residential development across the LWDD E-4 canal to the west. Signage: No signage was submitted with this application. Project signage will be submitted separately for review/approval by the Planning and Development Board. RECOMMENDATION: Staff has reviewed the waiver requests and has no objection. The following is a brief assessment of the three (3) waiver requests. Parkin.q Space Width - Staff concurs with the applicant's justification. Reduced Buildin.q Separation - Staff concurs with the apl this townhome development r.esembles a PUD development. The for setbacks, as they should, for this type of developmentl Reduced Side Yard Setbacks - Staff concurs with the applicant's justification. This waiver affects one area of the site plan in the northeast corner of tract 11. Staff recommends that this site plan request, including waivers, be ~ded in Exhibit "D" - Conditions of Approval. The Technical Review Committee ~at the deficiencies identified,in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\Planning~SHARED\WP~PROJECTS\Quanturn Townhomes East & West\East\STAFF REPORT Quantum Park Townhomes East-West.doc Location Map Quantum park ToWnhOmes East-West EXHIBIT "A" 2OOO 0 // ~ ;/ EXHIBIT "B" UI:)AI~ UD!InI' J~J f~J J" i:lll! ::!": ::::' :]!J' !iiJI~ il EXHIBIT "B" /4 ¢ EXHIBIT "B" !t EXHIBIT "B" ¥C]1~10'1-1 'HO'~c~ NO.I.N.,kOG '. ' $.:]WOH 'TVJ. N~]NLLNO:D /S~V~ S3~oHNN~oJ- ~8¥a' ~nzNvnO N'¢'ld ~ilS -IYNIJ EXHIBIT "B" i ¢ i. 1 t~.t 'V-!-4 'HO¥'~] NOJ. N,kO~] S31AiOH 1VI1.N3NIJ. NO0 ~OHNA~OJ ~l~Vd ~AIflJNVflD EXHIBIT "B" i EXHIBIT "B" 'V'l-4 'HOV38 NOINX08 S'=I~OH "'I¥1J,.N3N I,.LNOO 5"':J~OHIVA/IO..t ,Y, YVd ~./RJAIVRO f i i S314iOH -IVIJ..N=INI.LNO0 S~IOHNt~O.L ~l~ ~Vd ~Alfl~L~I~R ~ EXHIBIT "B" "1'~! i i ,/ // 'V-L,-I 'HOV-'-J8 NO.LNAO8 S31hlOH -IVI/N3NI.LNOO 5'~I4tOHIVAdO. L ~IN Vd YVt?.LNVR~ EXHIBIT "B" 9q 'qoe~)uol~o~] ~ sau~oH le!~ueu!~uoo S~UOqUA~O.~ >IXUd uxn~uunO EXHIBIT "B" saNor 'v Iii EXHIBIT "B" z[: >! '- .... EXHIBIT "B" EXHIBIT "B" Z.~ 0 .....)c.. .-'. -,EXHIBIT II BII Iilllil~ !11! ,! hllll[i hltJl~t ....... EXHIBIT B II]li tlJlJ II]iss iltijt Jillil II. 1 llh,I lltlii tliiJ EXHIBIT "C" REQUEST FOR WAIVER, JUSTIFICATION for QUANTUM PARK TOWNHOMES EAST & WEST LAND DEVELOPMENT REGULATIONS; Ch. 2; Sec. 7, H.15. Requesting a waiver of 5' to allow a reduction in the minimum distance between buildings from 25' to 20'. This request is justified based upon the present 20' minimum separation allowed in the R-3 Multi Family Zoning District. The 25' in the Planned Industrial Development District contemplates much more intense uses with larger structures, truck traffic, etc. It is also of interest to note that townhouses may be separated by only 15' in the Palm Beach County Code. LAND DEVELOPMENT REGULATIONS; Ch. 2; Sec. 7, H.16. Requesting a waiver of 10' from side setbacks in order to allow a 10' side setback when a 20' setback is required. This request is only for one of the eight setback situations (2 parcels, front, rear and 2 sides each) that occur between the two site plans submitted. The particular building in question is located at the northeast corner of the east parcel and only encroaches at one comer. The average setback of the building is 32' since it sits on an angle to the side property line. This particular orientation is as a result of an attempt to shield the front living areas of these townhomes (by rotating the building axis clockwise) from passing vehicular traffic on Quantum Boulevard. This situation may also be justified because the adjacent property is a platted wetland area several hundred feet in width that is owned and maintained by the Quantum Park C.D.D. LAND DEVELOPMENT REGULATIONS; Ch. 2; Sec. 11, H.2. Requesting a waiver of 3' from the minimum 12' width required for the first parking space not within an enclosed garage. The imposition of this regulation serves no useful purpose in a townhouse community with garages. In the west tract each unit has a one car garage with a separate double (1) EXHIBIT "C" width driveway for that living unit, thereby accomodating three vehicles. Requiring a 12' width for the first driveway space only serves to reduce landscape open space that is desirable in the front yard areas. Furthermore each driveway is for the use of that residence only and will not have a turnover of vehicles using the spaces. In fact a 16' wide double driveway has become the industry standard in townhome and single family home situations. In the case of the east tract, all units contain a two car garage with access from private parking aisles. All guest parking is parallel to interior rOadways and measures 9' x 25'. These dimensions are equal to or .,exceed industry wide standards and to ~require that the first space in each group be 12 in width serves no purpose. It is also clea! that this requirement contemplated 90 degree parking areas rather than parallel parking. JULIAN BRYAN & ASSOCIATES 3-15-02 (2) EXHIBIT "D" Conditions of Approval Project name: Quantum Town Homes East/West File number: NWSP 02-002 Reference: 2nd Review plans identified asNew Site Plan with an April 9, 2002 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(a)). 2. All utility easements shall be shown on the rectified site plan and X landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of- way. It appears that only storm drainage could be affected by landscape conflicts. FIRE Comments: 3. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 4. Suitable roadways shall be provided at the start of a project and be X maintained throughout construction for emergency access per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Conditions of Approval Page 2 of 8 DEPARTMENTS INCLUDE REJECT 5. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire ' X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. (Reference the second set of drawings identified as sheet 2 of 2, and shows 3-story town homes). I POLICE Comments: None X ENGINEERING DIVISION Comments: 6. A Land Development permit will be required prior to commencement of X construction of required improvements. The Land Development permit will be issued by the Director of Development in conjunction with, approval of, and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. (LDR, Chapter 5, Section 7). Required at time of permitting. 7. This development will require re-platting to identify the individual fee X simple units and abandon and relocate all easements in conflict with the proposed plan. The Homeowner's Association documents will require review and approval prior to recordation. Plat must be recorded prior to issuance of a building permit. 8. Re-platting will also be required to properly "enclose" the roundabout X within the roadway right-of-way. 9. At time of permitting provide a separate scaled Drainage Plan (LDR, X Chapter 4, Section 7.F and 7.G). Provide engineer's certification. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 10. A Lighting Plan including photo metrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time Of permitting. On the lighting plan, specify that the light poles shall withstand a 110 MPH wind load. Add a note that the fixtures shall be operated by photoelectrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II). Add a note that the lighting design shall provide a minimum average of one foot-candle lumen at ground level. Artificial lighting used to illuminate any property shall be directed away from all residential districts. Lighting shall not be used as a form of advertising (LDR, Chapter 2, Section 4.N.7. & Chapter 9, Section 10.F.5.) Conditions of Approval Page 3 of 8 DEPARTMENTS INCLUDE REJECT A lighting plan should be provided at this time since both street and site lighting need to be evaluated. It is much easier to identify and correct any deficiencies now than while you are waiting on a permit. 11. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1 .b). 12. Catch basin and manhole covers shall be bicycle proof (LDR, Chapter 6, X Article IV, Section 5.A.2.f). 13. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 14. Show sight triangles graphically on the Site and Landscaping plans (LDR, X Chapter 7.5, Article II, Section 5.H.) 15. For those town homes with two outside spaces, widen the driveway width X from 18 feet (2-9 foot spaces) to 21 feet (one 12 foot space and one 9 foot space) in accordance with the LDR, Section 11.H.2. (Waiver requested.) 16. Should signals be warranted at the intersection of Quantum Blvd. & X Congress Ave. and Quantum Blvd. & Gateway Blvd. the Developer shall be required to post a letter of credit in the amount of 110% of the estimated cost of installation of traffic signals prior to issuance of any building permit(s). 17. The responsibility for the cost of the traffic signals shall rest with Quantum X Town Homes. This is consistent with the previously stated opinion of Quantum Limited Partners that all traffic related improvements shall be borne by all developers of vacant parcels (rather than by Quantum Limited Parmers). 18. Staff would prefer that water and sewer, on Quantum Blvd., be placed X within the roadway right-of-way rather than an easement., the concern being future accessibility. BUILDING DIVISION Comments: 19. Add to the clubhouse building that is depicted on the drawing titled site plan X a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 20. On the floor plan drawings, add a labeled symbol that identifies the location X of the handicap accessible entrance doors to the clubhouse. The location of Conditions of Approval Page 4 of 8 DEPARTMENTS INCLUDE REJECT the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. Florida Accessibility Code for Building Construction, Section 4.1.2, 4.3. 21. As required by Chapter 4, section 7 of the Land Development Regulations, X submit a floor plan drawing. The building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheets 1 & A-2, A-3 & A-4. However, add to the floor plan drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to the clubhouse. The location of the doors shall match the location of the accessible entrance doors that are depicted on the site plan drawing. 22. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 2001 edition of the Florida Building Code. 23. 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 submitted to process the form. The property owner that is identified on each deed shall match. 24. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 25. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-o_~wa¥ or easement. 26. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following information: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the Clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the Clubhouse/Recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the clubhouse/lease office building. 27. Add a labeled symbol to the site plan drawing that represents and delineates X the r)ath of travel for the accessible route that is re(~uired between the .: Conditions of Approval Page 5 of 8 DEPARTMENTS INCLUDE REJECT accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accesSible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 28. At time of permit review, submit for review an addressing plan for the X project. 29. Clearly indicate the water source for the irrigation system. If the irrigation X system is supplied by a well, a consumptive use permit will be required from the South Florida Water Management District per Florida Statute 373.219. 30. Delete reference to "South Florida Building code" on sheet A-2. The X applicable code is the "Florida Building Code", per Florida Statute 553. PARKS AND RECREATION Comments: 31. As a condition of issuance of a land development order for a residential X planned unit development the developer shall dedicate land, pay a fee in lieu thereof or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. Appropriate fee to be paid prior to issuance of a building permit for this project. 32. A six (6) foot chain link fence with hedges on both sides will be sufficient X to buffer the residential development from the city park. A written agreement will be required, making the property owners association responsible for maintaining the hedges on both sides of the fence. 33. Provide to the city, at the close of construction, as-built plans showing the X locations of irrigation lines in city rights-of -way. FORESTER/ENVIRONMENTALIST Comments: Conditions of Approval Page 6 of 8 DEPARTMENTS INCLUDE REJECT Boundary and Topographic Survey~ sheet 2 of 5 Tree legend (see sheets 4 and 5) 34. The Landscape Architect should indicate on the landscape plan: X a) the quantities of the.existing trees by species and; [ b) the quantities of each tree species that will be preserved in place, relocated elsewhere on site or if the trees cannot be preserved or relocated on site how they will be removed & replaced on the site. (see Bradshaw, Gill, Fuster, & Assoc., Road right-of-way Plans, and Lake Edge & Littoral Zones Plan #87-2113) and; c) existing native trees (e.g. Pine and Coccoloba species) and large native plants (e.g. Chrysobalanus species) located on the individual lots shown as #'s 7,8,23,24,25,and 26 must be included with a) and b) above. Boundary and Topographic Survey, sheet 3 of 5 Tree legend (see sheets 4 and 5) 35. The Landscape Architect should indicate on the landscape plan: X a) the quantities of the existing trees by species and b) the quantities of each tree species that will be preserved in place, relocated elsewhere on site or if the trees cannot be preserved or relocated on site how they will be removed & replaced on the site and c) existing native trees (e.g. Pine and Coccoloba species) and large native plants (e.g. Chrysobalanus species) located on the individual lots shown as #'s 9,10,11,27,28,and 29 must be included with a) and b) above. Tree Location and Utility Plan, sheet 4 of 5 Tree legend 36. The Landscape Architect should indicate on the landscape plan: X -' a) the quantities of the existing trees by species and b) the quantities of each tree species that will be preserved in place, relocated elsewhere on site or if the trees cannot be preserved or relocated on site how they will be removed & replaced on the site and c) existing native trees (e.g. Pine and Coccoloba species) and large native plants (e.g. Chrysobalanus species) located on the individual lots shown as #'s 7,8,23,24,25,and 26 must be included with a) and b) above Tree Location and Utility Plan, sheet 5 of 5 Tree legend 37. The Landscape Architect should indicate on the landscape plan: X Conditions of Approval Page 7 of 8 DEPARTMENTS INCLUDE REJECT a) the quantities of the existing trees by species and b) the quantities of each tree species that will be preserved in place, relocated elsewhere on site or if the trees cannot be preserved or relocated on site how they will be removed & replaced on the site and c) existing native trees (e.g. Pine and Coccoloba species) and large native plants (e.g. Chrysobalanus species) located on the individual lots shown as #'s 9,10,11,27,28,and 29 must be included with a) and b) above. 38. The quantities of all existing trees and vegetation in the Quantum Blvd. X Roadway medians / right-of ways, and Water Management Area Tract 'T' should be reviewed in accordance with City of Boynton Beach approved plans permit #87-2113 for the proposed sites. PLANNING AND ZONING Comments: 39. On the survey or site plan tabular data separate the acreage for the "A" X tracts. Also indicate the acreage for Quantum Boulevard right-of-way. 40. A 20-foot side yard setback is required in a PID. Waiver requested. X 41. A 25-foot building separation is required between buildings in a PID. X Waiver requested. 42. No project signage is included with this submittal. Project signage will X require review and approval by the Planning & Development Board. 43. Correct the scale on all sheets to 1"= 40'. (The identification box in the X lower right hand comer show 1"=60'.) 44. Indicate method of irrigation and source of water on the landscape plan. X 45. Provide an "environmental assessment" for the project site prior to the X Planning & Development Board meeting. 46. Indicate on the landscape plan the number of existing trees to be removed, X replaced or relocated. 47. At least fifty (50) percent of site landscape material must be native species. X Indicate on the landscape plan tabular data the native species and the overall Percentage of native plant material. 48. Indicate that the play area will be sodded on the landscape plans. X 49. Project entrances should include signature trees which are Yellow Elder, X Conditions of Approval Page 8 of 8 DEPARTMENTS INCLUDE REJECT Tibouchina Granulosa and Bougainvillea. Include these on the landscape plan. 50. Provide a letter of approval from the Quantum Architectural Review X Committee prior to the Planning & Development Board meeting. 51. Provide a colored elevation drawing of all proposed residential units and the X clubhouse building prior to the Planning and Development Board meeting. 52. Provide entrance gate detail on permit plans. X 53. Correct landscape plan sheets 1 of 5 and 2 of 5 replacing the five (5) foot X wall with a five (5) foot chain link fence and hedge (south boundary of tracts 7 & 23.) 54. The relocation of the gopher tortoises will require on site permit from the X Florida Game and Fresh Water Fish Commission (FGFWFC). 55. Tree spacing along Quantum Boulevard is required to be one (1) tree per 30 X linear feet. Revise the landscape plan to reflect this requirement. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 56. Speed is to be limited to lowest possible speed for a residential area subject to X proper processing and approval by City Commission. Board recommends that the project area be limited to 25 mph and that the speed be posted at appropriate distance in advance of where the road is reduced to two (2) lanes. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Townhomes East & West\East\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: Quantum TOwh'H0mes East/West LOCATION OF PROPERTY: Quantum Boulevard - Tracts 7-11 & 23-31 Quantum Park APPLICANT'S AGENT: Julian Bryan & Associates APPLICANT'S ADDRESS: 756 St. Albans Drive Boca Raton, FL. 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 7, 2002 TYPE OF RELIEF SOUGHT: New Technical Site Plan with waivers for 271 fee simple townhomes DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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\SHARED\WP\PROJECTS\Quantum Townhomes East & West\East\Develop. Order Form-2002-Revised.doc WOMAN'S CLUB PROPOSAL CiTY OF B O YNTON BE ACH" Recreation Department © © O C 0 0 ® 0 C ©©0 O0 0 ~43 0 0 ID ~9 © © © Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XlI. - LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORivl Date Final Form Must be Turned in to City Clerk's Office March 6. 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) lune 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presemation [] City Manager's Report RECOMMENDATION: Please put this request On the May 7, 2002 City Commission Agenda under Legal - Second Reading. The City Commission, with a unanimous vote on April 2, 2002, approved the request under Legal, First Reading. This amendment to the Land Development Regulations, Chapter 1, Article V. Impact Fees and Dedications is to provide for the implementation of a more equitable schedule of park and recreation facilities impact fees. This request was reviewed on April 9, 2002 by the Community Redevelopment Agency. The Planning and Development Board reViewed this item on April 23, 2002 and forwards it to the City Commission with a recommendation for approval. PROGRAM IMPACT: The new impact fee schedule, based on a flat fee which depends on the type of residential development, is both simpler and more equitable. FISCAL IMPACT: Standardization of the impact fees based on the type of residential development will lower fees for most developers. ALTERNATIVES: N/A D ev~l~p~nen~ e]b~p arl~rnenTI~ect or~ ,City Manager's Signature Planning and Zoning ]9~fector City Attomey/ Finance / Human Resources S:XPlanningxSHARED\WP5SPECPROJ~Impact FeeOAgenda Item Request 5-7 second reading impact fee.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: TRROUGH: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ02-077 Chairman and Members Planning and Development Board Hanna Matras~k''- Planner Michael W. Rumpf/~(J~-'~ Director of Planning and Zoning April 16, 2002 Provisions for Park and Recreation Impact Fees - Code Review NATURE OF REQUEST Staff is recommending an amendment to the city's land development regulations to allow for the update and methodology change in the park and recreation impact fee imposition for residential developments. The amendment is required to comply with the Comprehensive Plan, Policy No. 1.8.2., which requires a review of the park impact regulations every.five years. The amendment proposes to change from the methodology based, on land dedication to one based on a fiat impact fee solely dependent on the type of residential development. BACKGROUND The city's Land Development Regulations Chapter 1, Article V, Impact Fees and Dedications, Section 3, Boynton Beach Fees/Dedication, Paragraph A, Park And Recreation Areas, provides for implementation of park and recreation areas land dedication regulations. Current land .dedication requirement is based on general standard expressed in number of land acres devoted for park and recreation purposes per 1000 persons and an average household size per dwelling unit for single- family, duplex and multifamily dwellings. The total obligation may be reduced through the provision of private amenities (up to 50%) and preservation of natural lands (25%). Fee-in-lieu of land dedication is permitted, based on the actual price-per-acre of development. No provisions are made for cost of recreational facilities. Overview The derivation of the proposed fee schedule is described in Attachment A. The overall objective of the proposed amendment is to simplify the requirements and to make them more equitable. Basing the impact fee on citywide average cost of vacant land rather than actual cost of parcel to be developed addresses the issue of inequality and eliminates the need for negotiations between the city and developer regarding the parcel's fair market value. Substituting land dedication with an impact fee is rational given that the city is nearing builtout. Future infill developments are likely to be developed on smaller parcels whereby the amount of dedicated land (based on the existing formula) would be too small to be developed as a park. Moreover, the replacement cost formula allows for investing the impact fee proceeds in park and recreation facilities' improvements as needed. The proposed fee schedule: · Uses the standards for park acreage and recreational amenities based on actual provision rather than a desirable per-capita standard (the gap between' the desirable standards and the actual provisions cannot be funded by developers). · Incorporates the cost of recreational amenities. · Updates numbers of persons per dwelling unit for different types of dwellings. Page 2 Memorandum No. PZ 02-077 The proposed schedule does not allow for credit for private facilities nor preservation of natural lands. Sample comparisons of present and proposed formula: Tuscany on the Intracoastal: Fee-in-lieu paid, based on current requirement: $162,800 Impact fee based on the proposed requirement: $187,616 Tuscany Bay's calculation is not typical, since it involves ¼ credit for natural resource preservation in addition to the private recreation credit. Hence, their fee-in-lieu is lower than their impact fee would be under the proposed schedule. Alta Chase Fee-in-lieu paid, based on current requirement: $200,000 Impact fee based on the proposed requirement: $141,696 CONCLUSIONS/RECOMMENDATION Staff recommends that this request to amend the city's code to replace park land dedication and fee- in-lieu regulations with a park and recreation impact fee methodology be.apprOved. It is the opinion of staff that the new impact fee schedule recommended herein and based on a fiat fee which depends on the type of residential development is both sim pier and more equitable. MR Attachments G:\lmoact Fees\Staff Report Park Impact Fees.doc ORDINANCE NO. 02- O ! [o AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 1 ARTICLE V IMPACT FEES AND DEDICATIONS, BY AMENDING SECTION 3. PROVIDING FOR IMPLEMENTATION OF A PARK AND RECREATION FACILITIES IMPACT FEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan, by Policy No. 1.8.2 requires a review of lthe Parks Impact fees every five years; and WHEREAS, as a result of this review, staff recommends the imposition of a park iand recreation facilitates impact fee to provide a source of revenue to fund the ~construction improvements of the City park.system; and WHEREAS, the implementation of this ordinance will ensure that all future !residential land development creating an impact on park and recreational facilities within !the City shall bear a proportionate share of the cost of capital experlditure necessary to ~rovide such facilities in accordance with the open space and recreation element of the .omprehensive plan; NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: Section 1. That Article V. Impact Fees and Dedications, Section 3. Boynton Beach fees/dedications., 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: ection 3. Boynton Beach fcc.~/-dc~-'.cat'.'on: Parks and Recreation Facilities Impact ce. A. Parks and recreational areas. ;:\CA\OrdinanceskLDR ChangeskPark Fee Ordinance.doc 2. RECREATIONAL AREAS. a. PURPOSE. This subsection is enacted to insure that future land development within the city provides land and fhcilities for park or recreational purposes in accordance with the open space and recreation element of the comprehensive plan adopted by the City of Boynton Beach. 'F, ..... ,.,1 .......... +;,,,.-. 4,-, .~,- ...... A,-,,.., ..... ;+1-. +kd ~;+,,'~. ~o.~-, .... I~, ...... ; .... 1 number of /ri .... Il,; .... .................. e unit Pm'k r ~.a n~a:~.,:~. TaNc ~:\CA\Ordinanc~s\LDR ChangcshOark Fee Ordinance.doc 3.0 n 2.5 0.0!50 (a) Public access. ~ ...... L, fo fz ..... e. . ^ ..... r --o :- lieu cf lm:d dedier, t:',':n. land Th~ fee ,,,mb residents of the subdivision. S:\CA\Ordinances~LDR Changes~Park Fee Ordinance.doc ;:\CA\Ordinances~LDR Changes~Park Fee Ordinance.doc ::\CA\Ordinances~DR Changcs~°ark Fee Ordinance.doc .5O areas .25 .25 .25 3:\CA\Ordinances\LDR ChangesXPark Fee Ordinance.doc (1) PURPOSE OF IMPOSITION OF FEE. The imposition of a park and recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement of the City park system necessitated by growth as delineated in the capital improvement element of the proposed comprehensive plan. The purpose of this section is to ensure that all future residential land development creating an impact on park and recreational facilities within the city shall bear a proportionate share of the cost of capital I · !expenditure necessary to provide Such facilities in accordance with the open space and l recreation element of the comprehensive plan adopted by the City of Bovnton Beach. The provisions of this section shall not apply to nonresidential subdivisions. (2) DEFINITIONS. When used in this section, the following terms shall have the following meanings: iApplicant shall mean the person or entity applying or required to apply for a building permit by the City code, for the construction of one or more dwelling units or for I modfficatmn(s) to one or more dwelling units. Dwelling unit shall mean a living facility for not more than one household, such as a one- family house, an apartment or a condominium. !Impact_fee shall mean park and recreation facilities impact fee. Impact fee coordinator shall mean the Director of Parks or their desig-nee, to perform such functions as designated under this section. Obligor shall mean any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the City's Park and Recreation Facilities Impact Fee ordinance. Park shall mean a public park within the City that is not owned or operated by the CotmW. Residential unit shah mean apartment, condominium, single-family detached house, mobile home, single-family attached house or multi-family housing established for human habitation. (3). IMPACT FEE IMPOSITION. The park and recreation facilities impact fee applies to all persons and entities, including but not limited to, businesses, organizations, and S:\CA\Ordinances\LDR Changes~ark Fc~ Ordinance.doc agencies, that possess an interest in property upon which residential units are to b~; Iconstructed, or are to be modified, within the City limits. (A). Impact Fee Coordinator. The City hereby establishes the desi..enation ofa, ilmpact Fee Coordinator, to be the Director of Parks or the designee of the Director !Parks. The duties of the Impact Fee Coordinator are set forth in the Park and Recreation iFacilities Impact Fee Ordinance, as may be amended from time to time. !(4). IMPACT FEE PAYMENT PROCEDURE. Payment of Park and Recreation Impacl !Fee and /or conveyance of a real property shall be made prior to the issuance of an ~applicable building permit. If land dedication is proposed, the obligor will follow thc iprocedures set forth in the section entitled "LAND DONATION AS IMPACT FEE :OBLIGATION SATISFACTION", The obli.~ation for pawnent of the park impact fcc shall run with the land. ':(5) IMPACT FEE CALCULATION: The formula used to develop Park and Recreation !facilities impact fee assessment is set forth as Attachment A, at the end ofthi.q Section !(6) IMPACT FEE AMOUNT. The established park and recreation facilities impact fcc ~er residential unit is as follows: Type qf Impact Fee per Dwelling Unit Dwelling Unit Single Family, detached $940 Single Family, attached $771 Multi-fami!v. $656 .(7) CREDIT TOWARDS IMPACT FEE IMPOSITION: Where a building consisting of one or more dwelling units is replaced by another building of one or more dwelling units~ ~there shall be a credit against the payment of the fees imposed herein of the amount that Would have been paid for the destroyed or removed building had it been a~.qessed hereunder, or, if it had been assessed hereunder, of the amount of the impact fee actually ~oaid. ~'8) LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION. Some or hll of the park and recreation facilities impact fee obligation may be satisfied by ~tedication of land to the City for park and recreation facilities, at the discretion of the Eity Commission as follows: (A) The City Commission shall determine whether it accepts the proposed land dedication by consideration of the following: 1. Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access and location of the proposed development~ ;:\CA\Ordinances\LDR ChangeshOark Fee Ordinance.doc No defects. The land must have no known physical prOblems such as problems with drainage or flooding, or on-site safety hazards associated with it; Consistency. The location of the land and its potential for development should be consistent with the City's comprehensive park and recreation land use 1. The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must be a Member of the Appraisal Institute (M.A.I.),: must have his/her principle office for business in Martin. Palm Beach or Broward County, and must have been qualified to testify as an expert on land valuation in a Court proceeding in at least three (3) legal proceedings involving a governmental entity. 2. Prior to issuance of a building permit the applicant shall submit to the Impact Fee Coordinator a proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall include a legal description of the land, a written appraisal of the land, along with a proposed date for the donation of the land. 3. Upon receipt of the proposed plan, the Impact Fee Coordinator shall schedule a hearing before the City Commission at the next regularly scheduled meeting for the purpose of reviewing the proposed plan and shall provide the applicant written notice of the time and place of the hearin be held in accordance with the City :ial hearings. 4. Nothing contained herein should:be construed to prevent the City Commission from eXercising its authority to decline the donation of land as partial Or full satisfaction 0fthe park and recreation impact fee. (C) In the case where the applicant proposes, and the City Commission accepts a dedication of land, the fair: market value of said land will be credited to the applicant against the impaet fee as set forth in this section. If the fair market value ;:\CA\Ordinances\LDR ChangesXPark Fee Ordinance.doc exceeds the applicant's impact £ee °bligati0n, the reimbursement will be made to the applicant bv direct cash payment from the trust fund i(9) USE OF PARK LMPACT FEE PROCEEDS. (A). The funds collected pursuant to the Park and Recreation Facilities Impact Fee ordinance shall be paid to the City of Boynton Beach and placed in a trust fund to be known as the reserve for parks and recreational facilities. This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in the City of Bovnton Beach. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving said subdivision by way of the purchase of land, or, for improving said land for park and recreatiOnal purposes. If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. (B). The amount of the Park Impact Fee collected pursuant to this ordinance plus any interest accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately following the sixth (6) anniversary of the date upon which such fees were paid. Refunds shall be made in accordance with the following procedure- 1. The completed petition for refund must be submitted to the Impact Fee Coordinator via certified mail, return receipt requested, and shall consist of: a. A notarized sworn statement that the petitioner was the entity that paid the impact fee; b. A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee; c. A certified copy of the latest recorded deed; and d. A copy of the most recent ad valorem tax bill. Within ninety (90) days from the date of a receipt of a complete petition for refund, the impact fee coordinator will advise the petitioner of the status of the request for refund, and if such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out B. Adequacy of sites for utilities and public facilities~ :\CA\Ordinances\LDR ChangeskPark Fee Ordinance.doc As part of the review and approval of development projects, the city shall evaluate the need for sites for major utility and public facilities and require dedication of same, without penalty for the density or intensity of use, where doing so would be reasonably possible; otherwise consider the purchase of property, if dedication of land is not feasible. C. Utility fees. Capital facility charges, connection charges, reservation fees and/or other additional charges associated with water, sewers and city utilities are outlined in Chapter 26, Part II (Code of Ordinances). Section2. Each and every other provision of Chapter 26, not herein ~ecifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, my paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section6. This ordinance shall become effective ninety (90) days after passage. FIRST READING this o~, day of ~[p~i ~ , 2002. SECOND, FINAL READING AND PASSAGE this day of__ ,2002. S:\CA\Ordinances~LDR Changes~Park Fee Ordinance.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner iCity Clerk i(CORPORATE SEAL) Commissioner :\CA\Ordinances\LDR ChangesXPark Fee Ordinance.doe Attachmenl' A Parks and Recreation Facilities hnpact Fee Formula COST PER (24PIT,4: (31LCULATIONS. 7he cost per capita o_f park land and each type of' recreational [bcility is calculated bv multiplying the .s'tandard park acreage and recreational [bcilities by the average cost per acre or/dcilitv as ~bllows: Standard x Average = Cost Per Cost Per Capita per Facility Capita ?'he cost per capita is calcuktted by mu[tiph,ing lhe standard quantity o£ park land and [dcilitv by average cost per .[&cilit3'. The standard quantity is based on actual provision. The land value is the avera~4e assessed value per acre of all vacant parcels within the city o! more than two ~2) acres. An additiomd Thirty-thousand dollars ($30, 000) has been adcted to the average assessed value to account .for basic civil and site developmem costs. The table below lists the components of kind and [~tcilil'ies that make up the City's park system. For each component, the Table displm:s' the City's ,~,nddeline or service per capita. the average cos~ per _[~tcility and calculates the capital investment cost per capita b'v multiplying the standard quantity bv the average cost. COMPONENT STANDARD AVERAGE (_'OST COST PER PER CAPITA .PER .FACILITY CAPITA Land acres 0..004916 $173.954 $855.16 I Playgrounds O. 000248 $50,000 $12.40 Basketball Courts O. 000.199 $30,000 $5.97 Handball/Racquetball £.t urts O. 000099 $68,000 $6. 73 BasebalL/Sol~ball Fields - Youth 0.000116 52, &O00 $ol..90 BasebalLSgo/iball Fid& - Adults O. 000017 $350,000 $5.95 Football/Soccer Fields O. 000017 $350.000 $5.95 Tennis Courts O. 000464 $40.000 $18.56 Shuffleboard Courts O. 000265 $15, 000 $3.98 Picnic A teas O. 000167 $5fl, 000 $8.35 Fitness Trails O. 00038.9 $48,000 $18.67 TOTAL COST PER CAPITA $973.6'2 S:\CA\Ordinances~LDR ChangesXPark Fee Ordinance.doc b. AD, tUSTMENT tD~TE. Based on park improvement budgets over the last fi;ur fiscal years, sixt~' three (63%)percent of cost ef park developmem is anticipated to be generated by the cirv. with the remainin~ thirg, ei,~ht (3 7%) percent covered b~, fimds [hom the ~rust fired established ilar deposition of impaci fkes. In the calculation below, other revenues that. are bein~ used w pay [br new parks and recreational [~wilities and [br improvemems of existin,~ ~wilities are subtracted [bom lhe total per cctpita cost: as shown: Total Investment Cost Less Credit: Percenl i5;et Unfimded Cost per C'apita ()ther Revenues per Capita $973. 62 63% $360.24 c. COS'.I.' PER .DWELLING UNIT' (IMtU1CT FEE) FORMULA. The cost of partc~ and recreational ,/bcilities per dwelling unit is the impact [kc. tt is determined b}' multiplying l'he park and recreational facility cos~' per person (after lhe credit reduction fi;r other revenues) by the average number of persons per dwelling unit in a ~given type of structure: Unfimded Cost Persons per Per Capita X t:h,'elling Unit Impact Fee per Eh,'ellin,g Unit Type of Net Unfimded Cost Persons per ImPact Fee per Dwelling unit Per Capita Dwelling unit Dwelling Unit Single Family, "' ~ · 50 60. 24 2. 61 $.940 detached Single Fatnilv, ~5360. z 4 9 14 $ 771 attached Multi-/bmilv 5360... 4 .l. 82 $656 The persons-per-unit numbers are currently based on the 1990 Census data. The numbers will be reviewed when such data from Census 2000 becomes available S:\CA\Ordinances\LDR Changes~Park Fee Ordinance.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2.2002 [] April 16, 2002 [] May 7, 2002 XlI, - LEGAL ITEH B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtv Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Q~ce [] May 21,2002 May 8, 2002 (5:00 p.m.~ [] June 4, 2002 May 22, 2002 (5:00 p.~.}. [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the May 7, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission unanimously voted to approve this request under Public Hearing on April 16, 2002. For further details pertaining to the request, see attached Departmem of Developmem Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (ANEX 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request to Annex 0.67 acres of.vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ ~] ~]j/~ D evelo~n~)tt/~'~m'~en~'D~ector City Manager's Signature Planning andZonm~'Dtrector ~ ' City Attornq~j/~in~ce / Human Resources S:kPlanningkSHARED\WPLPROJECTS\CKS, Inc ~Agenda Item Request CKS ANtEX 02-001Amend- Legal 1st reading 5-7-02.dot SSBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 0.67 ACRES OF VACANT LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION BY THE OWNER OF SAID TRACT OF LAND, CKS, INC., REQ~STING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE R~FLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVER. ABILITY, CODIFICATION AND AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the of an Annexation Program; and WHEREAS, CKS, Inc. of Boynton Beach, through its agent Jeffrey Smith, of Design, Inc., as owner of the property more particularly described hereinafter, has filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of annexing a certain tract ~f land consisting of approximately 0.67 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the tract of land as hereinafter described, in accordance with Article I, Section 7 32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 5:\CA\0rdinances\Planning\Annexa=ions\Annexation - CKS.dOC and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County ~fPalm Beach, Florida, to wit: .Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County. Containing approximately 0.67 acres of land s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries 'thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 'lorida, is hereby amended to reflect the annexation of said tract of land more particularly .escribed in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City oning designation-and Land Use category is being determined as contemplated in Section 71.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby S:\CA\Ordinances\Planning\Annexations\Annexa~ion - CKS.do¢ epealed. Section 5: Should any section or provision of this Ordinance or any portion thereof >e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised or two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton leach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon passage. Section 8. Specific authority is hereby given to 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 ~ day of SECOND, FINAL READING and PASSAGE this __ ,2002. day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner %TTEST: Commissioner Commissioner 2ity Clerk S:\CA\Ordinances\Planning\Annexa=ions\Annexa=i°n - CKS.doc DEVELOPMENT DEPARTMENT PLA~N2~'ING & ZONING DIVISION MEblOR.AxNDL~I NO. PZ 02-065 TO: FROM: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 1, 2002 PROJECT DESCRIPTION Project/Applicant: Office/Warehouse Condominiums, CKS Inc. Agent: Jeffrey Smith, JMS Desigxa Inc. Owner: CKS Inc. Location: East side of Old Dixie Highway between Miller Road and Gulfstream Boulevard File No: Annexation (ANEX 02-001) Land Use AmendmenffRezoning (LUAR 02-001) Property Description: Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning: North: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) South: Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C4 (General Commercial) East: Developed property (mobile home'park) classified Commercial and zoned GC (General Commercial - Palm Beach County West: Right-of-way of Dixie Highway, further west F.E.C. Raikoad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS, Inc. File Numbers: ANEX 02-001 and LUAR 02-001 PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to revaexv the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for propertms to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance revie~v" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ('qarge-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of- property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VI]/Land Use Problems and Opl~ortunities, sub-section 1.q., found in the support documents for the 1989 City. Of Bovnton Beach Comprehensive Plan. In connection with previous annexation. ' studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these depar~nents supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been reviewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: AaNEX 02-001 and LUAR 02-00 l CONCLUSIONS/RRCOMi~FENDATIONS As indicated herein, this request m consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS I:'~ HKDATA~Plan nin$~Hudson\C I~ [nc~,LUAR~st-~T r~n.doc Location Map CKS Inc. EXHIBIT "A" 0 800 1603 24~ Feet LN Requested City Commission Meeting Dates [] March 19, 2002 [] April 2. 2002 [] April 16, 2002 [] May 7.2002 XlI. - LEGAL ITEM B.2 CITY OF BOYNTON-BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June4,2002 Date Final Form Must ~/~Yfumed. in to City Clerk's Office May 8, 2002 (5:00 p.m May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2; 2002 June 19, 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 May 7, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission unanimously voted to approve this request under Public Hearing on April 16, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (LUAR 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East ofFEC Raikoad Request to Amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A D eve lop~lgt~ eP~;n~' DireCtor Planning and Zofiiffg Director ,f ' City Attorne~ t/Finance / Human Resources S:~Planning\SHARED\WP~PROJECTS\CKS, Inc~LUAR 02-001kAgenda Item Req~iest CKS LUAR 02-001Amend- Legal 1st reading 5-7-02.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY LOCATED AT THE EAST SDE OF OLD DIXIE HIGHWAY, BETWEEN MILLER ROAD AND GULFSTREAM BOULEVARD; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM COMMERCIAL TO GC (GENERAL COMMERCIAL); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as pan of said Plan a Future Land Use !El ement by Ordinance No. 89-38 in accordance with the Local Government Comprehensive iPlanning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a ',Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the iComprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the £ollowing: That the Future Land Use of the following described land shall be designated as GC iGeneral Commercial). Said land is more particularly described as follows: Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida. le Section 2: That any maps adopted in accordance with the Future Land Use Element shall amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in !compliance. FIRST READING this day of ,2002. SECOND, FINAL READING and PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ]ATTEST: Commissioner City Clerk (Corporate Seal) ~:ca\ord Land Use - CKS DEVELOPMENT DEPARTblENT PLAxN ~LNING & ZONING DIVISION MEMO1L~2~U:%{ NO. PZ 02-065 TO: FROM: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 1, 2002 PROXECT DESCRIPTION Project/Applicant: Agent: Office/Warehouse Condominiums, CKS Inc. Jeffrey Smith, J'MS Desig~ Inc. Owner: Location: CKS Inc. East side of Old Dixie Highway between Miller Road and Gulfstream Boulevard File No: Property Description: Annexation (AN-EX 02-001) Land Use Amendment/Rezoning (LUAR 02-001) Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C4 (General Commercial). Adjacent Land Uses and Zoning: North: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) South: Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C~ (General Commercial) East: Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County West: Right-of-way of Dixie Highway, further west F.E.C. Kaikoad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS, Inc. File Numbers: ANEX 02-001 and LUAR 02-001 PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore 'this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is no'c subject to "compliance revie~v" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of ne~v enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Oppommities, sub-section 1.q., found in the support documents for the 1989 Cit>, Of Bovnton Beach Comprehensive Plan. In connection with previous annexation. ' studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviexved the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been reviewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: AN-EX 02-001 and LUAR 02-001 CONCLUSIONS/RECOMMENI) 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; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J:kS HRDATA~P [anning\Hud~ n\C KS InckLUAR~4taff rep°~.doc Location Map CKS Inc. EXHIBIT "A" 800 800 1600 240~ Feet LN L N Requested City Commission Meeting Dates [] March 19. 2002 [] April 2, 2002 [] April 16, 2002 [] May'7, 2002 XlI. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vt Date Final Form Must be Turned ;n to City Clerk's Office March 6, 2002 (5:00 p.m3 March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17.2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21,2002 [] June4,2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must [~2*Fume~ -( ~n to Cit3 Clerk's Ot~i~ce - ': '? May 8, 2002 (5:00 p.m.)'~ May 22, 2002 (5:00 p.m.~ June 5, 2002 (5:00 p.m.)" June 19, 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 request on the May 7, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission unanimously voted to approve this request under Public Heating on April 16, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (LUAR 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request to Rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) of 0.67acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N?A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Developm~t ]Sepa[trne~"~Dire ct3r Signature Planning and Zoning{ l~irector //f City Atto~{3gS' 7'l~inance / Human Resources s 5PIanning\SHARED\WP~PROJECTS\CKS, lnc LAgenda Item Request CKS LUKR 02-001 Rezone- Le~hl 1 st reading 5-7-02.dot SSBULLET1N~ORMSLa~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, REGARDING THE APPLICATION FOR REZONING BY CKS, INC.; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CG (GENERAL COMMERCEEL PALM BEACH COUNTY) TO C-4 (GENERAL COMMERCIAL - CITY); PROVDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has iadopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said ICity; and i WHEREAS, Jeffrey Smith, JMS Design, Inc., , as agent for CKS, Inc., 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, iFlorida, for the purpose o f rezoning a certain tract of land consisting of 0.67 acres, said land being more particularly described hereinafter, from CG (General Commercial IPalm Beach County) to C-4 (General Commercial - City); and WHEREAS, the City Commission deems it in the best interests of the nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set 5orth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1' The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 44, amended plat of Trade Winds Estates, according to the plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida. ve and the same is hereby rezoned from CG (General Commercial - Palm Beach County) to C-4 (General Commercial - City). A location map is attached hereto as Exhibit "A" and made part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended ccordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby 'epealed. Section 4: Should any section or provision of this Ordinance or any portion thereof De declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2002. SECOND, FINAL READING and PASSAGE this day of ., 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner s:ca\Ord\Rezcning CKS, Inc. Location Map CKS inc. EXHIBIT "A" LN L Feet DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUNI NO. PZ 02-065 TO: FROM: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 1, 2002 PROJECT DESCRIPTION Project/Applicant: Agent: Office/Warehouse Condominiums, CKS Inc. Jeffrey Smith, JMS Desig-n Inc. Owner: CKS Inc. Location: East side of Old Dixie Highway between Miller Road and Gulfstream Boulevard File No: Annexation (ANEX 02-001) Land Use Amendment/Rezoning (LUAR 02-001) Property Description: Vacant property of 0.67 acres of land located in unincorporated Palm BeaCh County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning: North: South: East: West: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C4 (General Commercial) Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County Right-of-way of Dixie Highway, further west F.E.C. Raikoad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS, Inc. File Numbers: ANEX 02-001 and LUAR 02-001 PROJE CT ANA~LYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to reviexv the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for propemes to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property, is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to comp iance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves~ The annexation of the subject property will further the efforts o f the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, sub-section 1.q., found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. In connection with previous annexation' studies, departments most affected by annexations (e.g. Police, Fire, and Public Wor'ks), have been shrveyed for issues related to serv/ce capability and costs. All opinions previously collected fi-om these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service fi-om the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. However, with respect to water and wastewater utilities, the revmw of the proposed site plan (which was to have been reviewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property,. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: ANEX 02-001 and LUAR 02-001 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in ':he Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be . included as Exhibit "B". ATTACHMENTS J:\S I-FRDATALPlannin g~lud~on\CKS lnc\LUARXstaff report.doc , Location M ap CKS ! nc. EXHIBIT "A" 800 0 800 1600 2400 Feet OOLN Requested City Commission Meeting Dates [] March 19. 2002 [] April 2. 2002 [] April 16.2002 [] May 7. 2002 XIII-UNFINISHED BUSINESS ITEM A, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.j March 20. 2002 (5:00 p.m.) April 3.2002 (5:00 p.m.) April 17. 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21. 2002 [] June 4. 2002 [] June 18. 2002 [] July 2. 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.J May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 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: Accept the report of the Boynton Historical Society regarding their efforts to preserve the old Mangrove Park High School. EXPLANATION: The report is provided to comply with the request of the City Commission for a monthly progress update on efforts by the Boynton Historical Society to preserve the building. This is in response to a staff recommendation to demolish the structure. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dep~ia'tmefi[ He~ad's Signature City Manager's Signature Department of Development City Attorney / Finance / Human Resources S:XBULLETINWORMSL~.GENDA ri'EM REQUEST FORM.DOC