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Agenda 06-18-02The City of 100 E. Boynton Beach BoUlevard · (561) 742-6000 City Commission AGENDA JUNE 18, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager Visit our Web site www. boyn ton -beach. org ll/~ 'r~ t~i#~#ti#~ ~/t~ I/'Y/~ ?~r t#~ MilI~##I#~ WELCOME Thank you for attending the City CommiSsion Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMZSSTON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the ~'Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item ha.~ begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". ° Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. ° Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on'the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beac Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA June 18, 2002 6:30 P.M, 1'. OPEN:INGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Commissioner McCray C. Pledge of Allegiance to the Flag led by Commissioner Ferguson D. :IF YOU W:ISH TO ADDRESS THE COMM:ISS:ION: F:ILL OUT THE APPROPRIATE REC~UEST FORM GIVE IT TO THE CITY CLERK (ON THE DA:IS) BEFORE THE "OPEN:INGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED ,~ COME TO THE POD:IUt4 WHEN THE MAYOR CALLS YOUR NAME :INDIV:IDUALS MAY SPEAK FOR THREE UN:INTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUD:IENCE: :INDIVTDUAL SPEAKERS W:ILL BE L:IM1TED TO 3-M:INUTE PRESENTATIONS III. IVm Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADMINISTRATIVE: Appointments to be made: Board Length of Term Expiration Date II McCray IV Fisher IV Fisher III Ferguson IV Fisher Children & Youth Advisory Bd Stu/Reg/Voting Bldg. Bd of Adj & Appeals Alt Community Relations Board Alt Education Advisory Board Stu Education Advisory Board Stu I yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (2) I yr term to 4/03 Tabled (3) ! yr term to 4/03 Tabled (3) I yr term to 4/03 Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 18,2002 II McCray I Weiland I Weiland IV Fisher Mayor Broening V. Employees'Pensio~ Bd Reg 3 yr term to 4/05 Tabled (2) Library Board Alt 1 yr term to 4/03 Tabled (3) Nuisance Abatement Board Alt I yr term to 4/03 Tabled (3) Senior Advisory Board Senior Advisory Board Alt Alt I yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (2) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: None PUBLI'C HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, 1[nc. Vince Zabik, Showcase Contractors, :[nc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR), and Project: Agent: Owner: Location: Description: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, :[nc. Vince Zabik, Showcase Contractors, :[nc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development Approval of a Special Warranty Deed conveying title to Kenneth Stephen for Lot 13, Block 9, Amended Plat of Boynton Ridge (Proposed Resolution No, R02-93) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une :[8, 2002 CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of June 3, 2002 Regular City Commission Meeting of June 4, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HE]:L ENVTRONMENTAL ]:NDUSTR]:ES, with estimated annual expenditures of $45,000 Approve purchase'of two replacement pumps from Ellis K. Phelps, in the amount of $71,550, utilizing the City of Boca Raton Bid #99-025; and installation of the two pumps by W. Jackson & Sons Construction Company, in the amount of $37,186, utilizing Broward County Contract #N-700-162-B2, for a total project cost of $108,736 (Utilities Department) C. Resolutions: Proposed Resolution No, R02-94 Re: Approving a Revocable License Agreement between the City of Boynton Beach and VDS Associates, Ltd. for the installation and maintenance of landscaping and related improvements at the northwest corner of Federal Highway and Old Dixie Highway Proposed Resolution No. R02-95 Re: Authorization to execute Task Order No. 14 in the amount of $82,046 to CH2M Hill, ]:nc. for the Phase ~[, Technical Services for the NE 17t~ Avenue Drainage ]:mprovements and Water Main Replacement Project Proposed Resolution No, R02-96 Re: Authorization to execute Task Order No. 01-05 for the Surf Road Area Water Main Replacement Project in the total amount of $49,:~40 to Metcalf & Eddy, under the Utility Department General Agreement for Professional Services, to provide Phase ]:, preliminary design and engineering services for the upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 Proposed Resolution No. R02-97 Re: Annual adjustment of expense allocations to the Mayor and Commission based on increases in the Consumer Price ]~ndex Proposed Resolution No. R02-98 Re: Authorization to execute Law Enforcement Against Child Harm (LEACH) Operational Task Force Memorandum of Understanding Ratification of Planning & Development Board Action: None Ratification of CRA Action: Richardson Duplex (ZNCV 02-006), Hathaway Park, Block "E," Lot 19 - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot frontage of 75 feet for a duplex home within the C-3 zoning district, to allow for a variance of 15 feet, and a lot frontage of 60 feet; and Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot area of 9,000 square feet for a duplex home within the C-3 zoning district, to allow for a variance of 1,800 square feet, and a lot area of 7,200 square feet Woolbright Grill (ZNCV 02-010), SE corner of Woolbright Road & Federal Highway at Riverwalk Plaza - Request relief from Chapter 2, Zoning, Section 4..1.8, allowing a maximum encroachment of an awning into the rear setback of 2.5 feet, to allow a 7.5 foot variance, and an awning encroachment of 10 feet; and Request relief from Chapter 2, Zoning, Section 4..1.8, allowing a maximum encroachment of an awning into the side setback of 2.5 feet, to allow a 5.5 foot variance, and an awning encroachment of 8 feet Woolbright Grill (ZNCV 02-011), SE corner of Woolbright Road & Federal Highway at Riverwalk Plaza - Request relief from Chapter 2, Zoning, Section 6.C.3, requiring a minimum side setback of 30 feet, to allow for a variance of 10 feet, and a side setback of 20 feet for a restaurant abutting a residential zone in a C-3 zoning district Woolbright Grill (ZNCV 02-012), SE corner of Woolbright Road & Federal Highway at Riverwalk Plaza - Request relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, requiring a 6 foot high stucco masonry buffer wall where a commercial district abuts a residential district to allow a 6 4 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 foot high chain link fence with landscaping along the southernmost property line 5. Woolbright Grill (NWSP 02-004), SE corner of Woolbright Road 8~ Federal Highway at Riverwalk Plaza - Request for new site plan approval for a 7,829 square foot two-story, sit down, restaurant on a 0.6912-acre parcel F. Accept the written report to Commission of purchases over $10,000 for the month of May 2002 G. Approve URS Corporation as the number one ranked firm and begin contract negotiations for the PREPARA'I-J:ON OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ#041-2413-02/KR H. Approve Commissioner McCray's and Commissioner Fishers requests to allocate $500 each from their Community Investment Funds to the Boynton Beach CDC CZTY MANAGER'S REPORT: A. Discussion of water rate options FUTURE AGENDA Zl'EMS: A. Preliminary Fire Assessment Resolution (.luly 2, 2002) B. Proposed Resolution regarding Group Insurance Consulting Services (July 2, 2002) C. Fire/Rescue Mutual Aid Agreements with Delray Beach, Boca Raton and Palm Beach County (August 6, 2002) D. Review of development plan for Marina Project (August 20, 2002) E. Discussion on Mangrove High School (August 20, 2002) F. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) G. FRA Whistle Ban - Report (.lanuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking H. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee ('FBA) I. Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on O:~/1S/02 (TBA) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 XI. DEVELOPMENT PLANS: None NEW BUSTNESS: None XIT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-023 Re: Amending Chapter 2, Administration, Section 2-11, Maintaining Order, Decorum at Commission Meetings Proposed Ordinance No. 02-024 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 6, to establish the Mixed Use-Low ]:ntensity (MU-L) and Mixed Use-High Intensity (MU-H) zoning districts for the purposes of implementing the Federal Highway Corridor Redevelopment Plan Proposed Ordinance No. 02-025 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 5, to establish the ]:nfill Planned Unit Development (]:PUD) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment Plan and accommodating redevelopment within planning areas #1 and #5 Proposed Ordinance No, 02-026 Re: Amending Chapter 18, Article 1]:, Division 4 of the Code of Ordinances to provide a supplemental benefit to the retirees of the General Employees' Pension Plan Proposed Ordinance No. 02-027 Re: Amending Chapter 18, Article II, Division 4 of the Code of Ordinances to amend the Pre- retirement Death Benefit of the General Employees' Pension Plan Proposed Ordinance No. 02-028 Re: Amending Chapter 18, Article II, Division 4 of the Code of Ordinances to amend the deferred Retirement Option Plan ("DROP'~ of the General Employees' Pension Plan, specifically amending Section 18-127 to modify the investment options available to DROP members B. Ordinances - 1~ Reading None Agenda Regular City Commission Meeting Boynton Beach, Florida :June 18, 2002 XIII. C. Resolutions: None D. Other: 1. Discussion of proposed Charter Review UNFINISHED BUSINESS: XIV. AD3OURNHENT: NO~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE crl'Y COMMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS MEETINGf HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.1OY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAET TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTtVTI'Y IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 06/18/2002 8:17 AM S:\CC\WP\CCAGEN DA~a, GEN DAS\Year 2002\061802.doc 7 ~? Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VI.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl vl Date Final Form Must be Turned in to CiW 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 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to CiW 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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 18, 2002 City Commission Agenda under Pubhc Hearing and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23~a Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Devbl~ent ~) ep a"'~r t'~n-en'i- 13 ir e c t or City Manager' s Signature Planning and Zoning D'irSctor City Attorney / Finance ! Human Resources J:~SHRDATAh°Ianning~SHARED\WPLPROJECTS~SHOWCASE CONTRACTORSLKensington Place f.k.a. Showcase TownhomeshLUAR 02-003LAgenda Item Request Kensington Place LUAR 02-003.dot S:~BULLETINLFORMSX,AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-111 TO: FROM: THROUGH: DATE: Chairman and Members Community Redevelopment Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 3, 2002 PROJECT DESCRIPTION Project/Applicant: Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Vince Zabik Owner: Showcase Realty and Contracting, Inc. Location: South side of SE 23rd Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) ldroperty Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD), Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23rd Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contmns a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2"a Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2. Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PROJECT ANALYSIS The subject parcel totals + 1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase tn dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only res idential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It is, however, tn the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 23ra Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined ~ncrease in demand for water and sbwer services by the proposed development would be less than 300 gallons per day above the potential demand under the present land use designati on and zoning. The Palm Beach County Traffic Engineering Division has reviewed the application and has determined that the project will generate no more the 200 additiOnal trips per day, and therefore meets the County's Traffic Performance Standards. With respect to solid waste, the SWA has stated ~vithin a letter dated December 18, 2001 that adequate capacity exists to accommodate the County's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review o f the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23ra Avenue remains in residential use, it would not be incompatible with those uses. f Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small strip center or medical offices. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and styles to support general economic expansion. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this s~ze. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS i\Ch~MAiN~,SHP.,.DATA~Planning~SHARED\W'px~PROJECTS~SHOWCASE CONTRACTORS~Kcnsington Place f.k.a. Showcase Townhomes~LUAR 02-003~staffreoort.doc Location Map SHOWCASE TOWNHOMES R3 ,?,3 ,/ C3 4OO 0 4OO 8OO 1200 Feet Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to Cit,t 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 Tumed 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 5~ Legal [] Bids --1 Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 18, 2002 City Commission Agenda under Public Hearing and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23~a Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development. PROGRAM IMPACT: N/A FISCAL 13,IPACT: N/A ALTERNATIVES: N/A v . v Bev~pfr~n~Department Director Planning and Zoning Director · - ' 'l~i[y Manager's Signature City Attorney / Finance / Human Resources I:\SHRDATAXPlanning~HARED\WP~PROJECTS~SHOWCASE CONTRACTORS\Kensington Place f.k.a. Showcase Townhomes~LUAR 02-003~Agenda Item Reques: Kensington Place-rezone LUAR 02-003.dot SABULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN~ING & ZONING DIVISION MEMORANDUM NO. PZ 02-111 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Chairman and Members Community Redevelopment Agency Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 3, 2002 PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23rd Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way Land Use Amendment/Rezoning (LUAR 02-003) Vacant property consisting of 1.64 acres, classified Local Retail Commemial (LRC) and zoned C-2, Neighborhood Commercial To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23~d Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density, Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place Townhomes PROJECT ANALYSIS The subject parcel totals +1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Flor/da Department of Community Affairs and is not revie~ved for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be parr of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies inclt, ding but not limited to. a. prohibition against any increase tn dwelling unit density exceeding 50 in the hurricane evacuation zone withoz,t written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shah also recommend limitations or requirements, which would have to be imposed on'subsequent development of the property, in order to comply with policies co ntained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the hurricane evacuation area. It'is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection oft he public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 23~ Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d. 17~ether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined increase ~n demand for water and sewer serv'~ces by the proposed development would be less than 300 gallons per day above the potential demand under the present land use desig-nation and zoning. The Palm Beach County Traffic Engineering Division has revie~ved the application and has determined that the project will generate no more the 200 additional trips per day, and therefore meets the County's Traffic Performance Standards. With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to accommodate the County's municipalities throughout the 1 O-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities, e. g/hether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23 ra Avenue remains in residential use, it would not be incompatible with those uses. f. Irr'hether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develqp as a small strip center or medical offices. g. g"hether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that Will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and styles to support general economic expansion. ho Whether there are adequate sites elsewhere in the city for the proposed USe, in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/RECOM-MENDATIONS 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, staffrecommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS \\Ch\MAiN~HRDATA~OtanningLSHAKED\W'P~PROJECTSXSHOWCASE CONTP,.A. CTORS\Kensington Place tk.a. Showcase Townhomes\LUAR 02-O03Lstaffreoort.doc Location Map SHOWCASE TOW NHOMES / / C1 C3 C3 400 4O0 8OO 1200 Feet VI,-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Rec uested City Date Final Form Must be Requested City Commission Meetin,q Turned in to City Clerk's Commission Meetinq Date.s. Dates pffice [] 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 to Ci~ Cler~_Offic6 ' May 8, 2002 (5:00 p.~ May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19. 2002 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: That Commission approves Resolution 02- for a Special Warranty Deed conveying title to Kenneth Stephen for: Lot 13, Block 9, AMENDED PLAT OF BOYNTON RIDGE, as recorded in Plat Book 24, Page 28 of the Public Records of Palm Beach County, Florida. EXPLANATION: Mr. Stephens has been approved for a mortgage as a participant in the City's Infill Construction Program. He has selected a city-owned lot to build a single family dwelling for his family of four (4) to reside in Boynton Beach. PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's target area. U pon approval, this would enable vacant property to become a part of the neighboring homes with the reduction of trash dura ping and maintenance. FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $100,0000.00, hess homestead exemption. The vacant lot itself is valued at approximately $14,000.00, but as the municipality owns it, the city currently receives no revenue from it. ALTERNATIVES: None. ..... Depa~m~nt ~ead's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK TO EXECUTE A SPECIAL WARRANTY DEED BETWEEN THE CITY OF BOYNTON BEACH AND KENNETH STEPHEN, AS A PARTICIPANT IN THE CTTY'S INFILL CONSTRUCT[ON PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Kenneth Stephens has been approved for a mortgage as a participant in the City's Infill Construction Program, and has selected a City owned lot to build a single-family dwelling for his family to reside in Boynton Beach; and WHEREAS, a new single-family dwelling will be added to a neighborhood located within the City's target area; and WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to execute a Special Warranty Deed between the City of Boynton Beach and Kenneth Stephen conveying title for the lot described as follows: Lot 13, Block 9, AMENDED PLAT OF BOYNTON RIDGE, as recorded in Plat Book 24, Page 28 of the Public Records of Palm Beach County, Florida. NOW, THEREFORE, BE TI' RESOLVED BY THE C]:TY COMMISS:[ON OF THE CITY OF BOYNTON BEACH, FLOR]:DA, THAT: Section :[. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special Warranty Deed to Kenneth Stephens. Section 3. This Resolution shall become effective immediately passage. PASSED AND ADOPTED this ~ day of 3une, 2002. C~-I'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\$pecial Warranty Deed - Kenneth Stephen upon THIS INSTRUMENT WAS PREPARED BY: JAMES A. CHEROF, ESQUIRE P.O. Box 310 Boynton Beach, FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this __. day of June, 2002, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and KENNETH L. STEPHEN, a single man, whose address is Palm Beach County, Florida (hereinafter referred to as "Grantee"). WITNESETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is ~. hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lot 13, Block 9, A.MENDED PLAT OF BOYNTON RIDGE, as recorded in Plat Book 24, Page 28 of the Public Records of Palm Beach County, Florida. Grantor does hereby warrant title to the land, and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. GRANTEE covenants that the real property conveyed by this instrument must be used to benefit low and moderate income persons and/or families, as those terms are defined by the U.S. Department of Housing and Urban Development and Palm Beach County, for a period of twenty (20) years from the date hereof. In the event of a breach of this covenant, title shall revert to S:\CA\Departments\Community Redev\Stephens Deed 060602.doc Page 1 GRANTOR. IN WITNESS WHEREOF, Grantor has caused this Deed to authorized officer the day and year first above written. be executed by its duly Si gned, sealed and delivered in our presence: Witnesses: signature (Type or print name) CITY OF BOYNTON BEACH by: Mayor Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of December, 1998 by GERALD BROENING as Mayor of THE CITY OF BOYNTO-~'~' BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S:~CA\Departments\COmmunity Redev~Stephens Deed 060602.doc Page 2 REPUBLI" BANK Florb.Za ~s ~.t, nu;~7 ba~c K[~N~TH L STePHeNS 621 STON[ ORIV~ Dar'c: 01/~0/~ Applicalton# STiPH336o0~3¢2o 123 PREQUAIL .NORTH ~ALM B!AC~,~L 3340B Yo~r ofigiml 1o~ appI~azi?a..is .,made ;,,art ~f this commi~_e,,t, a~l t~ co, u~tm~t is ~ Tou~ Mo~tfly Payment 75I.¢Z Thistoancommiua~clecisioahasbe~xba~ontheit~e~-e~traIe of 7. oooo %,Ifthe ram ~oub:l bx:ma.se pdoz to the loan closing, your application win be reevaluated, ATI'AC]~ED AR~ THE COI~ID1TION$ TO WHI~ ~ LOd~N IS b"'UtLIECT, ~.~ ),l,l~o¥)J~ c(:~l~'~l]~r RECEIVED 2602 RE.I~V E. LOP M E lqT VII.-CONSENT AGENDA ITEM B.I. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16. 2002 [] May 7, 2002 NATURE OF AGENDA ITEM 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 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report 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 19, 2002 (5:00 p.m.~ Development Plus New Bus.ess Legal Unf~shed Bus.ess Presentation RECOMMENDATION: MOTION to approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HEIL ENVIRONMENTAL INDUSTRIES with estimated annual expenditures of $45,000.00. EXPLANATION: Warehouse Division utilizes Blanket Purchase Orders #020084 (Warehouse) and #020126 (Fleet Maintenance) to purchase parts for large refuse trucks from Hell Environmental Industries as a "sole source" purchase for the Fleet Maintenance Division. The total of these purchase orders are now expected to exceed the bid threshold amount of $25,000.00 and requires Commission approval. Repair parts are purchased on an "as needed basis" and it is anticipated that the expenditures will be $45,000.00 for this fiscal year. PROGRAM IMPACT: Fleet Maintenance Division provides on-going maintenance for the City's fleet of vehicles. The request for repair parts channels through Warehouse Division to provide timely purchase of parts at the most economical price. The use of a Hell Environmental Industries as a "sole source" provides the necessary repair parts for the large refuse trucks. FISCAL IMPACT: Funding is available through the Warehouse Inventory Account, and the Fleet Clearing Account. Actual expenditures from these accounts will occur at time of distribution to the related departments. Account Description Warehouse Inventory Fleet Clearing Account Account Number Amount 502-0000-141-01-00 $ 6,000.00 501-5000-590-09-85 39,000.00 Total $ 45,000.00 ALTERNATIVE: Alternatives are limited since the trucks use specialized p/hrts manufacturer by the Heil Company. Deputy Director of Financial Services I - ~i~y Manager s Signature Procurement Services Department Name City Xttcfi~e~7 ~inince / Human Resources cc: Dominic DeMauro - Warehouse SABULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: FROM: Bill Atkins, Deputy Finance Director Dominic DeMauro, Warehouse Manager DATE: May 22, 2002 SUBJECT: Sole Source - Heil Environmental Industries Heil Environmental Industries is the sole source vender for parts and is also the manufacture of the Heil trucks in the City fleet. To date we have spent $25,000.00. Please go to Commission for an additional $20,000.00 to cover parts for the balance of the year. That will bring the purchase orders total to $45,000.00. The break down is as follows: $1,000.00 for Warehouse Inventory, Account #502-0000-141-01-00, Purchase Order #020084. The balance of $19,000.00 for Fleet Maintenance, Account #501-5000-590-09- 85, Purchase Order #020126. If you have any question please call. Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2OO2 [] April 16, 2002 [] May 7, 2002 VII,-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to C tv 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 [] July2,2002 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 RECOMMENDATION: [] Administrative [] Development Plans [] ConSent Agenda '['q New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve purchase of two replacement pumps from Ellis K. Phelps, in the amount of $71,550.00 utilizing the City of Boca Bid #99-025 and installation of the two pumps by W. Jackson & Sons Construction Company in the amount of $37,186.00 utilizing Broward County Contract #N-700- 162-B2 for a total project cost of $108,736.00. EXPLANATION: The Utilities Department has planned replacement of two to three master lift station pumps per year in the Renewal and Replacement Budget. Master Lift Station 309, located at the comer ofN. Seacrest and NW 19th Avenue, has three pumps total, two 80 Hp (primary) and one 25 Hp (jockey pump). One of the 80 Hp is in need of replacement the other 80 Hp is being repaired based on staff evaluation of costs, age, and anticipated life of pump. Master Lift Station 317, located west of Congress Avenue on W. Boynton Beach Blvd, was recently part of a rehabilitation project and the work entailed adding a 75 Hp pump and a 30 Hp jockey pump to make this Master Lift Station' operate with three primary pumps and one jockey pump. During the project the two existing primary pumps experienced failure and the lift station was on complete by-pass. The contractor changed out one of the failed pumps via a Change Order to the project and the Department decided to replace the other failed pump at a later time based on contractor performance. Master Lift Station 317 has a 75 Hp pump in need of replacement. S :\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The pumps are available for purchase from Ellis K. Phelps utilizing the City of Boca Bid #99-025 as follows: Master Lift Station 309, 80 Hp pump $36,612.00; Master Lift Station 317, 75 Hp pump $34,938.00, for a total pump purchase of $71,550.00. The pumps can be installed by W. Jackson & Sons Construction Company utilizing the Broward County Contract #N-700-162-B2 as follows: Master Lift Station 309, $18,710.00; Master Lift Station 317, $18,476.00, for a total pump installation cost of $37,186.00. Installation includes demolition of the existing set-up, pipe fitting, pump installation and miscellaneous work to complete the project. The subtotal by Master Lift Station is $55,322.00 for Master Lift Station 309, $53,414.00 for Master Lift Station 317. PROGRAM IMPACT: The pumps are planned for replacement based on expected life, maintenance, and current age. These lift stations are master stations which serve large quadrants of the City, we have already experienced total failure at Master Lift Station 317 and partial failures at Master Lift Station 309, this results in by-pass costs, overtime expenses, and repair expenses. FISCAL IMPACT: The total cost for this is $108,736.00, funds are available in the Utilities Department Renewal and Replacement account g405-5000-590-96-04, SWR091. ALTERNATIVES: _These pumps ar_e~,due,for replacement. Department Head'gJSignature Utilities Department Department Name City Manager's Signature City Attom~V/idihance / ~t~man Resources Cci Bill Atkins - Procurement Mark Law Tony Lombardi Barb Conboy S2BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION fI.T.E. ENTRY DATE: i .T.E, m UIS TION # Clerk: pmc~ement ~s't: Dkect°r; Ci~ M~ager (non budgeted capital ~or $5000+): REASON FOR PURCHASE: Master Lift Station Pump replacement MLS #309, #317 Commission approval: VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Ellis K. Phelps Admin. ( ) Date: 5-31-02 ASAP (x) Address: 1730 W. 10t~ Street Construction ( ) Date Needed: 1 Confirm. ( ) Riviera Beach, FL 33404 Cust. Rel. ( ) ASAP/Conf. ( ) . Distribation ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Steve Kiss 848-1200 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 (x) (over $500) Pumping (x) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 3876 PWMaint. ( ) Bid Docs. ( x ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Mark Law Strmwtr. ( ) Project Number: SWR091 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 26,491.00 CT3300/466 80 Hp 3 ph460v Flygt 405 5000 590 96 04' 26,491 Pump w/75' motor cable (LS 309) 1 10,121.00 Stand, suction elbow for dry mount 10,121 application 75' motor cable and start- up (LS 309) 1 25,470.00 Ct3300/644 75 Hp 3ph 460v Flygt 25,470 pump w/100' motor cable (LS 317) 1 9,268.00 Stand and suction elbow assembly (LS 9,268 317) 1 200 Start up (LS 317) 200 71,550.00 U:\conboyuserdata\wordata\wordfilekrequisition blank, doc 05/,0912002 /- 15:47 5618481299 PURCIt~E ORD~R CITY OF BOCA RA TON 201 W. PALMETTO PARK BO~ ~N, ~A 33432-3~5 ~O~: (561) 393-7~71 F~: 061) 393-~83 ~ K. PHELPS & COMPANY*' 1730 w. 10TH ~ RIVIPAA BEACI-I, PL 334O4 CONTRACT NO.: FRO/ECT NO.: ACCOUNT NO.' PAGE 82 15788 ORDER DATE: 10/01/01 F,O.B.: DEgHN~TION TERMS:: NET/30. DELIVER BY DATE: 10/01/01 FLYSh'T PUMI~S F01% LiFT STATIONS PJa~ARKS: ~L~T [~JRCHAS~, O~ER ISS~D ~ ~E ~0~ ID~IFI~ ON P~SE 0~. ~ OF ~L0~E ~ B~ P,O. ~ER ~ A~P~ ON ~ I~I~S. FAIL~ B~T P.O. ~ ON I~ICE ~Y ~SULT' IN DE~Y OF p~ESSING FOR PA~, IT~ WILL BE O~D ON P.O. ~P~S 9/30/02. ~L ~, CO~ITIONS, P~CES a 5,p~IFI~TI~S OF ~ ID~IFIED BID/CO~ ~ S~L APPLY. BID ~. 99-025 IT~ ~ BE 0~ ~ ~ ~ ~ED ~IS BY Ct~ PRIC~G P~ PRICE OPTION CI~ CO~A~= D~IS POPAC~ - 561-338-7315 CO--IL ~P~V~ 3/20/01 3-B-1 C.O, ISS~D ~ ~~~ O~ION NO. 3 ~OIC~ TO: 201W. ~o ~R~ EFFECTIVE DATE: 10/01/01 · XPIRATION DATE: 09/30/02 NOT TOEXC~Dt 25000.00 2 5 2002 ~ 0~5/09~'2002 ].5:47 S61848129cj El<PHELPS CI~ OF BOCA ~ TON 201 W. P~~O P~ ~. BOCA ~N, ~D~A 33432-379~ PHO~: (5~1) 393.7971 F~: (~1) 393-7953 P~GE 03 1.5788 01~144 CITY OF BOCA RATON In'R.mP_S gI~RVICF_~ DEFt ADMINISTRATION 1401 GLADES RD BOCA RATON, FL )~1 ~ONTRACTNO-: 99.0~ ORDER DATE: 1W01/01 F,O.B,: DHh'TINATION NO,: ~!CCOI.~ NO.: ...... " "i~t~,% ........ ~ ............ DELIVER BY DATE: 10/01/01 .... ........................................................................... · · .......................... .... iltt~, ~' ' .-~~.~.1 ............................ ' r":~" ~- ~ ~ ~ ~ ~.'~_~!'_'~_'. .............. . ..... -. - ............................ AND EXTEND P.O. COONCIL APPROVAL: 3-19-02 3-B-1 AUTHORIZED -' 'PURCHASING A~ENT LYITR KUNKEL ,i CPPB 15:47 5618481299 EK PHELPS PAGE 04 2~S2 aptlr~ B~vd, SU&,JEGT:, ilkl Ne,IX~.02$, ~u~ Sc lil=M WiiWwlm'Pu~l~ n No, :~, IriBel Rlrm~l! --Al 02/~OZOl _._-.--- I~PHEZPS ~P~ 'PA~ 83 EK PHELP90RLA.~DO . ~ ~P"SST PAl,J! ~OOZ/O03 [{Lll 1. yebruar~ 20, 2001. 6# CP-3201 460W.~ 460V~T 8~ CP3300 CZTY OF BOCA i:tATO~ 2001 434,436 438;440 432,433 435,441 485~'464 485 432,433 434,436 48~ ¢54 454t432 434 464 442,443 45~,457 458 454 636;637 638 454~461 46;; ~463 464 ~465 - 466 467,468 ~ so, $~ $ ~ 450.00 5 50' ~ -- 10 50' ~ 450.00 10 50t ~ 4so. O~ 15 50' ~ ~so. O0 30 $0' ~ 30 50' ~ ~5'~-'00 750.00 Be 50' Zfu_.4.9_Z.L~ - AFOPI~A 0 PT, MyEfl.~ O"Wksr PALM llAtd 0 SAVANNAH :13:5,5 56184812cJ9 El<PHELPS WPB PAGE 84 Page 3 CITY OF BOCA RATON 2001 P~P PRICING · 12" CP3300 636,642 644 · 12" CP3300 ~ 638,640 60 50' ~ 646,648 NOTE~ pUHPPKICE INCLUDE8 PUMP, 50' MOTO~CABLS, 316S$ PU~IP~ZL, 3~6SS L~FT CA~LS. ADDER IS QUOTED FOR NONSPARKING BRONZZNG. *HIGH VOLUME PUHP '84/8.1/2882 18:15 5618481299 EKPHELPS WPB PAGE 82 ~-Lll K, P#ELPI ~ COMPANy ~ANUI:ACTU~ERI'$, fl;PRESENTAT VE 0 WATER AND WASTE W~'T[~ TREATMENT EOUIPMEH~' TO; CITY OF BOYNTON BEACH -'-Fo N Y ~-. April I, 2002 ~.' BOYNTON BEACH LS 309 REPLACEMENT PUMP We are please to offer the following equipment: ONE (1) CT3300/466 88hp 3ph 460v Flygt Pump with 75' of Motor Cable Price for pump: $26,491.00 per Boca Raton Bid 99-025 ONE (1) Stand, Suction Etbow for Dry-mount application, 75' Motor Cable and Start. Up Price: $10,[21,00 ~ $36,612.00 plus taxes,FOB factory,with freight allowable to jobsite THIS PROPOSAL WiLL EXPIRE IN THIRTY (30) DAYS UNLESS EXTENDED IN WRITING BY ELLIS K. PHELPS & COMPANY. b[Q.T.~ WE DO NOT SUPPLY PIPING,VALVES,GUIDE BARS,PRESSURE GUAGES OR SPARE PARTS EXCEPT AS INDICATED ABOVE. --"-TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START;UP OF EQUIPMENT(WHICHEVER COMES FIRST,) A SERVICE CHARGE OF 1.5% PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER Ii~VOtCE DATE. FAILURE TO PAY IN ACCORDANCE WITH THESE TERMS WILL VOID ALL WARRANTIES. CONDITIONS :1) Price is firm based on our receiving complete approval and release for production four (4) weeks after drawings have been submitted by Ellis K. Phelps & Company 2) PARTIAL BILLING WILL BE MADE ON ANY PARTIAL SHIPMENT. We thank you for your interest in our equipment and look forward to being of service to you in the near future. A SIGNED FACSIMILE COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT. ELL~&'K( PHEL,~S & COMPANY STEVE KISS ACCEPTED BY: COMPANY: DATE: 04/01/2002 lO:l§ 56i8481299 EKPHELPS WPB PAGE ILLII I. PNELPll Ik QIflIIpA#IP MANU~'ACTu~E~!'$ gEPRESENTATtVI~ 0 WATER A~ID WA,~TE WATER TREATMt!NT EGUi,f ..... ~ T CITY OF BOYNTON BEACH - TONY LOMBARDI April 1, 2002 ~ BOYNTON BEACH PS 327 REPLACEMENT PUMP #2 We are pleased to offer the following ~quipment: ONE(I) CT 3300/644 75bp 3ph 460v Flygt Submersible Pump with 100' of'Motor Cable Pump Price per BOca Raton Bid 99.025 $25,470.00 Stand and Suction Elbow Assembly, $ 9,268.00 Freight to Jobsite and Extra Cable Start Up Service $ 200.00 ~ $34,938,00 plus taxes,FOB factory, with freight allowable to jobsite THIS PROPOSAL WILL EXPIRE IN THIRTY (30) DAYS UNLESS EXTENDED IN WRITING BY ELLIS K. PHELPS & COMPANY. ~ WE DO NOT SUPPLY PIPING,VALVES,GUIDE BARS, PRESSURE GUAGES OR SPA.p-¢ PARTS EXCEPT AS INDICATED ABOVE. TERMS: SUBJECT TO CREDIT APPROVAL NET 30 DAYS AFTER DATE OF INVOICE OR 100% PAYABLE BEFORE START~UP OF EQUIPMENT(WHICHEVER COMES FIRST.) A SERVICE CHARGE OF 1.5~ PER MONTH WILL BE ADDED TO ALL BALANCES UNPAID 30 DAYS AFTER INVOICE DATE. FAILURE TO PAY IN ACCORDANCE WITH THESE TERMS WILL VOID ALL WARRANTIES. CONDITIONS :1) Price is firm based on our receiving complete approval and release for production four (4) weeks after drawings have been submitted by Ellis K. Phelps & Company 2) PARTIAL BILLING WILL BE MADE ON ANY PARTIAL SHIPMENT. We thank you for your interest in our :equipment and look forward to being of service to you in the near future. A SIGNED FACSIMILE COPY OF THIS 'PROPOSAL IS ACCEPTABLE AS A BI ND! NG CONTRACT. ELLIS K. PHELPS & COMPANY ACCEPTED BY: COMPANY: STEVE KISS DATE: REQUEST FOR REQUISITION ft.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Director: City Manager (non budgeted Capital and/or $5000+): REASON FOR PURCHASE: Master Lift Station Pump replacement MLS #309, #317 Commission approval: VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: W. Jackson & Sons Construction AdmAn. ( ) Date: 5-31-02 ASAP (x) Address: 1888 NW 21a Street Construction ( ) Date Needed: Confirm, ( ) Pompano Beach, FL 33069 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Ken Jackson 954-973-3060 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 (x) (over $500) Pumping (x) Quotes/Written ( ) E. WTP 41 ( ) (Over $2000) · Vendor Number: t_~,ck PWMaint. ( ) BidDocs. (x) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. (') P/U 99 ( ) 'INITIATOR: Tony Lombardi Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Mark Law Strmwtr. ( ) Project Number: SWR091 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 18,710.00 ' Installation of Flygt pump (provided by 405 5000 590 96 04 18,710.00 the City) connection to existing suction and discharge valves, fabricating fitting as required, remove and reconstruct as required concrete pump base for LS 309 1 18,476.00 Installation of Flygt pump (provided by 18,476.00 the City) connection to existing suction and discharge valves, fabricate fittings as required, remove and reconstruct as required concrete pump base $37,186.0 U:\conboyuserdata\wordata\wordfilekrequisition blank, doc Rp~' 02 02 03:54p TRIO DEVELOPMEMT (854)971-0030 p.2 JuLY 20. 2001 W. JACKSON & SONS CONSTRUCTION ATTN; THO~JtS JACKSON 188B NW21 STREET POMPANO BEACH. FL 3306{) REFERENCE CONTRACT # N-7-00-162-B2 DEA~ VENDOR; WE HEREBY ACCEPT YOUR OFFER TO RENEW CONTRACT #_N~-7-~_-! 62-B2_, EMERGEt~C'~ INSTALLATION ,M40 REPAIR S_E~_ V .tCE FOR_~WATER__AND ,~EWI~R SYSTEM_~ . THIS AWA*~3 IS SUBJECTTO ALL TERMS/CONDITIONS CONTAINED 1N THE AaOVE CONTRACT. TMI$ CONTRACT IS IN EFFECT FOR THE PERIOD BEGINNING I/,,~/02 AND ENDING 11~t03 ,,. PuRcI-~$E OROER($) WILL BE PLACED AS AND WHEN REQUIRED. A copy OF THIS NOTICE, wrrH A COPY OF YOUR QUOTATION, INCLUDING ALL TERMS AND CONOmONS, IS BEING FORWARDED TO ALL A~PLICARLE U~tNG AGENCIES. THANK YOU FOR YOUR INTERF..S'r IN SU~lMl't'rtNG A QUOTATION. $INCEREL,,~ .7 / /'~ COb/.~TUCTION PURCHASING AGEI~T ENVIRONMENTAL OPERATIONS DMSlON R,t,v. 02,r'Zl~l jmn. 10 O1 ll:13a TRIO DEVELOPMEHT {8541871-0030 December e, 2000 ;~L591384191 0 W. Jackson & Sons Construct/on 1888 NW21" Street Pompano Beach, FL 33069 CORRECTED COPY Puf~hmmlng Dlvlelam ! 1~ .q. Anckewa Avenue. r~om 212 Fort La~ae~c~ FL 3.130I Attention: Thomas Jackson, Secretary / Treasurer ¢ Reference: Bid #N700162B2 for Emergency Installation attd Repair Service for Water and 8ewer SYstems Dear Mr. Jackson: This is to confirm that Board of County Commissioners at its meeting held on November 14, 2000, under Agenda Item No. 11 has accepted your Bid on the above-referenced solicitation. Anoted.Bid tabuiatfon of ali Bids received is enclosed, with item(s) awarded to your firm as ,Th .e,, !?ial Contract is in effect for the period beginning Jan. 6,, 2001 and ending January ' ~i, 21~2~."'PbYchase Order(s) will be placed as and when reqmred. A copy of this Notice, with a copy of your Bid, including all ~erms and conditions, is being forwarded to all Using Agencies. Thank you for your interest in doing business with Broward Oounty. Sincerely, GLENN R. CUMMINGS, Director Purchasing,~,~ion ~ Purchasing Agent Il Construction Spec. cc:. Stephen AubmchL Environmental Engineering (OE8) GRC: Spg Jah 10 01 11:13a TRIO:DEVELOPMENT [854)971-0030 ITEMS 24 I~IROUGH 3T RESTORING SURFACER THE PURPOSE OF ITEMS 24 - 37' IS TO PROVIDE A MEAN8 OF REETORING bURl=ACES AFTER UTILITY EXCAVATIONS HAVE BEEN ~AC~:RU. ED UNDER ANY ITEM OR AS A ~ARATE MEANS TO I~REC~y RESTORE SURFACES AFTER UTILITY EXCAVATION BY OTHERS HAS BEEN COMPt~rED, OR AS OI~ERW~SE DIRECTED BY THE CONTRACT ADMINISTRATOR. THE CONTRACTOR ~ FURNISH ALL LABOR, PLANT, TOOLS, EQUIPMENT N~O MATERIAL REQUIRED TO PROPERLY REgTORE ~'URFACE$ ~ DIREOI'ED BYTHE CONTRACT ADMINISTRATOR. ALL ROAD AND BRIDGE CONSTRUCTION PAVEMENT RESTORATION ~-IALL BE MADE ACCORDING TO CITY, COUNTY (REFERENCE PAGE 16 OF b'~), FLORIDA DEPART~a~rr OF TRN~A~ SPECIFICATIONS, (b'~FANDARO SP~CATIONa FOR ROAD AND BRIDGE CONSTRUCTION) WHERE APPLICABLE. RESTORATION OF SOD SURFACE, TOP SOIL AND PEA POCK SURFACE SHAU. BE MADE ~O THAT N.L SURFACE~ ARE LEFT IN AS GOOO A CONDmON AS FOUND, AS DETERMINED aY THE CONTRACT ADMINIETRATOR. TEMPORARY PATCHING SHALl. BE IN,~TALLED AT LOCATIONS DESIGNATED BY THE CONTRACT ADMINISTRATOR TO MAINI'NN SAFE T~.~'~C CONDmON9. EmOD OF M _EASUREMENT THE NU~ OF TONS OR S~UARe OR cubic YARDS, AS Dm.~c-n~ BY ~ CONTRACT ADMINISTRA¥OP~ BASIS OF PAYMENT TONe OR ~QUARE OR CUBIC YARDS OF MATERIAL INSTALLED OR 9139900100OO DESCRIPTION & ITEM Eb'rlMATE COMMODITY CODE COaT TOTAL N! IMI~R t'Jt ~AN'ITr~ /~1~ ~r= I ARnR.t rm~ ~nHR 1, 4SO ~OURS FORE~a~ 913990010010 91399001O02O 91~9900100~0 NAME OF BIDDER .... P TOTAL BID AMOUNT, ITEM5 1-3 (INcLUSNE) jab 10 O1 ll:14a TRIO DEVELOPMEHT (854)871-0030 p.B q EQUIPMENT ITEMS 4 THROUGH 9. g0 HOURS 8. gO HOURS 7. 40 HOURS 6. 40 HOURS 400 HOURS CAT 926 OR EQUAL, MINIMUM 913 99 OO2 0O20 BACrd-IOE LOADER COMBINATION CAT416 OR E~JAL. MINIMUM 913 99 0O2 0030 BULLDOZER CA't'Da OR EQUAL, MINIMUM 913 99 002 0040 DOUaLE DRUM COMPACTOR WACt~'R W 74 OR EOUAL 913 99 0O2 0050 VIBRATORY F~ATE COMPACTOR WAC~.R VPR 1740 OR EOUAL 013 99 002 0060 $ ,,7. o.° 10. 11. 12. 13. 25 HOURS FLAT BEo TRUCK ~_ ~", *' minER 25,OO0 ~S. GVW _..913 9.9 002 0100 8 ,DUES v,~JUU TRuca: $ ,_C 0, 9~ 913 99 002 007'O 9t5 99 002 0080 8 HOURS G~N~TOR wm.I MASS LIGHTING 013 99 002 0090 ITEM E DESCRIPTION & 4. g13 90 002 0010 J~n 10 0! 11=1~a TRIO DEVELOPNEHT (S54)ST1-O030 p.? afc, DESCRIPTION 913 99 002 0110 15. 4,50 HOURS 16. 8 HOURS 17. 2O HOUR= 18. 8 HOURS 10. 70 HOURs ]4 TON PICKUP TRUCK UNDER 10,000 LaS. GVW 013 99 002 0120 TELEv~aON INSPECTION EQUIPMENT 913 gg 0020130 100 C.F.M. AIR COMPRESSOR WITH HOSE AND HAMMER 91399OO2O14O 3" CENTRIFUGAl. PUMP WITH SO-FOOT DI~:~HARGE HOSE 9'/3 g9 002 0150 4" HYDRAULIC PUMP wn'H 400' OlSCPARGE HOSE 913 gg 002 0170 3' DUU~,m~'M PuMP wrm SO-FOOT ~ /- ~ ~ ~,/~,,/ D~~ ~E ' 013 09 ~2 0160 40 HOURS 2t. 80 HOURS I~" HYORAUUC PUMP wrrH 400' DISCHARGE HO~E 913 99 002 0180 22. 8 HO~RS 8" HYDRAUUG PUMP wn'H 400' DL.~:~-IARGE HOSE 913 99 002 01g0 23. 800 HOURS WELL POINT EOUIPMENT Up TO L ~0. ~ 150 POINTS COMPLETE JNCCUOINe PUMP AND JETTING EQUIPMENT 913 gg 002 0200 TOTAL mR A~O~UN't, ~r~s 4 THROUGH 23 (mOLUSW~) ,,,o,,,0. 10 01 11:14a TRIO DEVELOPMEHT (85~)S?i-0030 po8 RF~TORATION 913990030000 rrEMs 24 THROUGH 3~_ DESCRIPTION & ITEM ESTI~ COMMoDFr'Y CODE ' UNIT TOTAL 24. 50 CU YD. 'I'~MPORARY PATCH .e /0. ~-~ ~.~0 913 90 003 0010 26. 850 so 'm. 100 so ~o. l-INCH ASPHALTIC CONCRETE WrTH 8HNCH L~EROCK 913 99 00 3O020 14NCH ASPH^L't'/C CONCRETE WITH 16-iNCH LIMEROCK BAS~ 913 99 003 O030 2-INCH ASPHALTIC CONCRETE wrrH 12HNCH UUER~ BASE 913 99 003 0040 2-INCH ASPHALTIC CONCRETE wrrH 24-4NCN UMEROCK B~SE 913 990030050 100 SO YO. R~Lxc~,a~r o~ 4.INCH .~_ /,,~. CONCRETE SIDEWALK 913 99 003 0060 31. 1110,SG YD: Pd~:'LACF=~EN'r OF 6.-INCH CONCRETE $;DEWALK 913 9g 003 0070 RE~c~r~rr o~ SOD SURFACE 913 99 0030080 ~e~rr oF TOP SOIl. 913 99 003 0090 100cuY~. Jab 10 O1 ll:l~a TRIO DEVELOPMEHT (954}S71-0030 p.8 BID ~ DESCRIPTION & 33. 6ocu~ TO'rAj. 913 99 003 0100 $ 34, ,~1 oj YI:). REPLACEMENT OF STABIUZER' $.~,?,. ~-.~ ROCK SURFACE -- $.._._~_,~""~-- ~13 99 003 0110 35. 37. 10"ton ASPHALT SURFACE COURSE IHNCH THICK 913 99 003 0120 120 cu YD. DRAINAGE - 3/4 RO 913 99 003 0130 100 CU YD. CONCRETE - 3,7,50 913 99 O03 0140 TOTA .L BID AMOUNT, ITEMS 24 - 3/' (INCLUsn~) $ 3,S'. ~ 1-3 4-23 24-37 INOEMNIFICATION GRAND TOTAL BID AMOUNT II~ls t 11.lEU 37 AMOUNT OF ~a~ 10 O! 11:ISa TRiO DEYELOP~ENT ~95~]971-0030 p. lO I~o~ODUCVI'PA CKA GED ~ SHIPPED IN MA TEPJAI. CONTAIMN(~ RECYCLED SPEC, IPY. ! ~/ i~_NOD TH~ ABOVE I~ !~ ~- AF,~i, JGABLE IF TI'I~ 1; ONI. Y PERSONAL ,$ERV~CE INVOLVED WITH HO PRODUCT IN3 YOU QUALIFY FOR 'I'HE LOCAL PREFERENCE GL.AI~E DO YOU QUAUFY FOR THE DOMESTIC PARTNER CLAUSE YES O-/ No c~ WIU. EXTEND THE SAME PR~'E,'TERM~ AND CONDfi'ION$ TO O~ER GO~E~ IF W~MOFBIDDER.. ~-~.,.~._) A Jan 10 01 11:15a TRIO (8541871-0030 p.11 DEVELOPMENT 'YE8 1:3 NO " WOIJLD YOtl A~'EI°T GR~DIT GAI~DS AS PAYMENT F~tW ~ROWAJ~ ¢O~ YE~ a . NC~,'~ ~)TIGE~ ?0 B[DDER~. I. jan 10 Ol 11:16a TRIO DEYELOPMEHT (95~)~71-0030 p.12 EMERGEN'Gy IN~'rAL! aT'iON AND REP. A!R FOR WA', "K AND ,~cW~K ~'Y~"T~ ~_~ BID~' ~.T~_ ~ !ORM MUST BE COMPLETED AND 5UBMI'n'ED WITH BID FOR BID TO EsE DEEMED RF-~PONSIVF., . - :_,~,,..,.m_.M,~'no~ (OSHA) ~ EX.VA ' .;;==- .... ,.,,~,,,,a n-~ CFR.8,1~26.650.,~ FLOR~ s ow~ e"r,,~,il:)a, RO~. ~ON SAFETY sr~cw~os, crr^'noN 29 BIDDER ACKNO~GE6 THAT' I~CLUDED IN P~CE~E CO~ FOR C~L~G ~ ~ ~O~DA ~CH ~~T. BE ~N~ ~ BD I~$ IN ~E SC~U~ OF P~C~ NOR BE CON~~ ~DBON~ WO~, MErtloO* Rpp O1 02 08:34~ TRIO DEVELOPMEMT (854)871-0030 April 1, 2002 Mr. Tony Lombardi City of Boynton Beach 124 East Woolbdght Road Boynton Beach, FL 33425 Re: Boynton Beach Lift Station #309 Dear Mr. Lombardi: Thank you for the opportunity to quote you on the above-mentioned project under the Broward County Repair & Maintenance Contract (N700162B2). Enclosed is our Scope of Work along with a cost breakdown, Per your request, we are including an ];nsurance Certificate and the renewal information on the Contract. If you have any questions, please calf Larry Shortz at (954)971-2288 or on (954)444-5399, Yours truly, Kenneth R. Jackson W. JACKSON & SONS CONSTRUCTION KPO :sob Enclosures W. JACKSON & SONS CONSTRUCTION CO. BOYNTON BEACH LIFT STATION #309 .Scope of Work 3) Instatl Flygt Pump in North position. Connect to existing suction and discharge valves, fabricate fitting(s) as required. Remove and recon, struct, as required, concrete pump base. Furnished by City: 1) Pump and stand. 2) EJectricai hook-ups to new Jockey pump. Furnished by Contractor: 1) 2) 3) 4) Fabricated fittings. Concrete and pumper. Imbedded items. Flanged reducers and isolation couplings. W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21st Street, Pompano 8eac'b. Florida 33069- 8rowa~(~ (954) 973-3060 / 24 Hour Emergency (954) 973-3405 t Fax (954) 960-1679 .BOYNTON BEACH LIFT STATION #309 Subcontract Items Welding Fabrication Concrete Pumper Total $1,650.00 300.00 $1,950.00 Materials Flanged Reducers and Isolation Couplings Flanges, Steel Pipe End Bends Embedded Items Miscellaneous and Paint Total $2,860.00 750.00 420.00 1,210.00 $5,240.00 W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21st Street, Pompano Beach, Florida 33069. Broward (954) 973-3060 / 24, Hour Emergency (954) 973-3405 ! Fax (9§4) 960-1679 <0 Ca <~o 0 Rp? O1 02 08:34a TRIO DEVELOPMEMT {854)971-0030 p.1 III 1 April 1, 2002 Mr. Tony Lombardi City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33425 Re: Boynton Beach Uft Station #317 Dear Mr. Lombardi: Thank you for the opportunity to quote you on the above-mentioned project under the Broward County Repair & Maintenance Contract (N70016282). Enclosed is our Scope of Work along with a cost breakdown. Per your request, we are including an Insurance Certificate and the renewal information on the Contract. If you have any questions, please call Larry Shortz at (954)971-2288' or on (954)4'1,4-5399. Yours truly, Kenneth R. Jackson W. JACKSON & SONS CONSTRUCTION KR.l:scb .... Enclosures W. JACKSON & SONS CONSTRUCTION CO. BOYNTON BEACH LIFT STATION #317 Scope of Work 1) 2) 3) lnstaJl Flygt Pump in empty cradle. Connect to existing suction and discharge valves, fabricate fitting(s) as required. Remove and reconstruct, as required, concrete pump base. Furnished by City: 1) Pump and stand. 2) Electrical hook-ups to new Jockey pump. Furnished by Contractor: 1) 2) 3) 4) Fabricated fittings. Concrete and pumper. Imbedded items. Flangec~ reducers and iSolation couplings. W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21St Street, Pompano Beach, Florida 33069. Broward (954} 973-3060 / 24 Hour Ememencv ~954~ BOYNTON BEACH LIFT STATION #317 Subcontract Items WeLding Fabrications Concrete Pumper Total $1,650.00 300.00 $1,950.00 Materials Flanged Reducers and Isolation Couplings Flanges, Steel Pipe End Bends Embedded Items Miscellaneous and Paint Total $2,626.00 750.00 420.00 1,210.00 $5,006.00 W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21st Street. Pompano Beach. Florida 33069 · t~rowarcl (9541 973-3060 t 24 Hour Emerqencv (g54) 973-3405 1 Fax ~.q~ .qRO-1RTq Z I I n,,,' Requested City Commission Meeting Dates [] March 19, 2002 VII.-CONSENT AGENDA ITEM ¢.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.) [] Requested City Commission Meeting Dates May 21, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m3 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 NATURE OF AGENDA ITEM May 22, 2002 (5:00 p.m3 RECOMMENDATION: June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business '~' [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report To approve a Revocable License Agreement between the City of Boynton Beach and VDS Associates, Ltd. For the installation and maintenance of landscaping and related improvements at the northwest comer of Federal Highway and Old Dixie Highway. EXPLANATION: This agreement was initiated at the request of the Developer. VDS Associates are nearing completion of the new Villas del Sol being constructed adjacent to this comer. In order to enhance the looks of an otherwise empty, weed-filled comer, the Developers volunteered to place additional sidewalk, valley gutter, landscaping (including sod), and roadway striping. For the allowance of the use of this comer, the Developers agree to place and maintain, at their sole cost, the above mentioned improvements. PROGRAM IMPACT: VDS Associates have provided drawings of the proposed work. The plans have been reviewed and approved by the Public Works Department/Engineering Division. The Developers have performed in a satisfactory manner on the adjacent development and it is believed their proposal will be executed in a like manner. FISCAL IMPACT: There is no fiscal impact to the City of Boynton Beach as a result of this action. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The only alternative to approval of this agreement is to disallow permission by the Developer to improve this corner. Allowing this work will incur no expense to the City of BOynton Beach and will enhance our city-wide beautification efforts. JeffreY'~ Livergood,P.E.(C i~i .~ ~/ViI~'"~ Public Works Department City Manager's Signature ;/'rClty Att0rr~'9'Finance / Human Resources S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE UCENSE AGREEMENT WITH VDS ASSOCIATES, LTD, FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IMPROVEMENTS AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer VDS Associates are nearing completion of the new Villas del Sol which is adjacent to this corner; and WHEREAS, VDS Associates has volunteered to enhance the looks of an otherwise empty, weed filled corner; and WHEREAS, the City Commission, upon recommendation of staff has determined that it is in the best interests of the ~itizens and I employees of the City to enter into a Revocable License Agreement with VDS Associates, LTD. 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 and direct the Mayor and City Clerk to execute a Revocable License Agreement between the City of Boynton Beach, Florida and VDS Associates, LTD, being attached hereto as Exhibit "A"o Section 2. This Resolution will upon passage. PASSED AND ADOPTED this become effective immediately day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner $:ca/reso/agreementsND$ Revocahle License Agreement REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the CITY OF BOYNTON BEACH, a municipal corporation (the "City"), and VDS ASSOCIATES, LTD., a Florida Limited Partnership the ("Licensee") located at 2121 Ponce De Leon Boulevard, Penthouse #2, Coral Gables, Florida 33134. WHEREAS, Licensee is the owner of the property known as "Villa Del Sol"; and WHEREAS, the City is presently the owner of a certain road right-of-way; and WHEREAS, the legal description of the City's right-of-way is provided for and depicted on Exhibit "A" which is attached hereto, and WHEREAS, the Licensee desires to install and maintain landscaping and related improvements within the right-of-way; and WHEREAS, the parties have agreed to enter into a Revocable License Agreement with regard to the use of the right-of-way as set out below; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals. Agreement. The above recitals are true and are incorporated into this 2. Description of Premises. City hereby grants to Licensee the revocable right, license and privilege of installing and maintaining landscaping, irrigation and related improvements (the "Improvements") within the right-of-way depicted on Exhibit "A" (the "Propertf'), which is attached hereto and incorporated herein by reference. 3. Term. The term of this License shall run until such time as the City notifies Licensee to cease using the Property. Notice shall be sent by the City to Licensee in writing, at least thirty (30) days prior to the dated identified for termination. 4. Compensation. No payment shall be made by the Licensee for the privileges granted in this Agreement. 5. Use of Premises. Licensee shall use and occupy the Property only for the purposes designated in paragraph 2 of the Agreement and the Property shall not be used for any other purpose by Licensee without the advance written amendment of this Agreement. Licensee agrees that it will not cause the Property, without the advance written consent of the City, to be used or occupied by any person, firm, entity or cooperation other than Licensee and it's agents. Licensee further agrees that no nuisance or hazardous activity, trade or occupation shall be permitted or carded on, in or upon the Property. No act shall be permitted and nothing shall be kept in or about the Property by Licensee or any party under its control that will increase the risk of any hazard, fire or catastrophe, and no waste or injury or any kind shall be permitted or committed upon or any damage done to the Property. Licensee shall not cause the Property to be used or occupied in any manner which violates any laws, rules, policies or regulations of any governmental entity, including City. 6. Assignment. Licensee shall have no authority to assign any of its rights under this Agreement during any term of this Agreement without a written amendment to this Agreement. Should Licensee attempt to assign this license, then the License shall be terminated immediately, without prior notice to Licensee. 7. Damage to Premises. The Licensee shall not, by its use or occupancy, cause damage to the Property. Licensee agrees that all personal property placed upon the licensed Property shall remain the property of Licensee and shall be placed upon the Property at the risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice by certified mail, return receipt requested, of any occurrence, incident or accident occurring on the Property. 8. Licensee acknowledges that the City currently maintains certain public utilities within the Property. The City shall have the right to continue to maintain the public utilities located within the Property. Licensee shall be responsible to replace and or repair any of the improvements which the City may remove, disturb or damage during any public utility maintenance activities. The City is not responsible to Licensee for the payment or reimbursement of any costs associated with the repair or replacement of improvements affected by the City's maintenance of the public utilities within the Property. 9. Permits. (a) The Licensee shall be required to obtain a permit for the installation of irrigation. Such permit will be issued after Licensee or its contractor, submits plans to the City and such plans are accepted by the City. (b) The Licensee shall submit plans for the installation of the improvements to the City and shall not install the Improvements until written approval is obtained from the City. 10. (c) The Licensee shall notify the City within five (5) days after installation of the improvements have been completed. The City may require Licensee to reinstall or remove the Improvements if the Improvements do not comply with approved plans. (d) The City, its agents and its authorized employee may enter upon the Property at all reasonable times and hours to examine same to determine if Licensee is properly maintaining the Improvements and the Property according to this Agreement. Indemnification. (a) License shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing from any intentional act or any negligent act, omission or error of Licensee which in tum results in or relates to injuries to body, life, limb or property sustained in, about or upon the Property or the Improvements or both, or arising from the use of the Property. Licensee shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the City as a result of any claim, suit or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth in (a) above. (b) 4 11. (c) Licensee shall save the City harmless from and against all judgments, orders, decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any claim, and the investigation or defense of them, which may be entered, incurred or assessed as a result of the foregoing. Insurance. (a) (b) Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for and maintain in force the insurance coverages set forth in this paragraph, at all times as will assure the City coverage of the protection contained in the foregoing indemnification provision undertaken by the Licensee. Comprehensive general liability with minimum limits of one- million ($1,000,000.00), five hundred thousand dollars ($500,000.00) per occurrence, combined single limit for body injury liability and property damage liability coverage, must be afforded and must include: (1) premises, operations or both. (2) City is to be included as an "additional named insured". (3) Notice of Cancellation and/or Restriction-the policy(ies) must be endorsed to provide City with thirty (30) days' advance written notice of cancellation or restriction. (c) Licensee shall provide the City with a copy of all insurance policies required by this paragraph showing that City has been named as an additional named insured under such policies. (d) Renewal of the insurance and provision of a copy of such renewal to the City on an annual basis is the responsibility of the Licensee. 12. Maintenance and Repair of Licensed Premises. So long as this License is in effect, it shall be the responsibility of Licensee to keep the Property clean, sanitary and free from trash and debris. The upkeep and maintenance of the Property licensed under this Agreement shall be borne solely by Licensee, and Licensee agrees to maintain the Property in accordance with the terms and conditions of this Agreement and consistent with prudent and reasonable maintenance procedures and techniques. Licensee specifically agrees to install and maintain the Improvements in a manner that will not pose a hazard to persons and/or vehicles on adjacent property or the improved right-of- way. 13. Amendment. No modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the parties to this Agreement, with the same formality and of equal dignity. 14. Sm'render Upon Termination. License shall peaceably surrender and Deliver the Property to the City or its agents immediately upon expiration of the term of this Agreement. Licensee shall remove from the Property, at Licensee's own expense, anything placed on the Property unless the City, in writing, authorizes Licensee to leave any landscaping, Improvements or both on the Property. The City shall have no 6 obligation to move, reinstall, replace or in any way compensate Licensee for any loss resulting from or arising out of the termination of this Agreement, the requirement to remove Improvements or landscaping, or the removal of the same by the City upon failure of the Licensee to comply with the provisions of this Agreement. The Licensee agrees to return the Property to a safe condition following removal of the Improvements. Licensee shall be obligated to repair or pay for any damage to the Property resulting from the removal of Improvements. 15. Waiver. Failure of the City to insist upon strict performance of any covenant or condition of this Agreement or to exercise any right contained in this Agreement shall not be construed as a waiver or relinquishment for the furore of any such covenant, condition or right, but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except in writing by the parties to this Agreement. 16. Termination. This Agreement may be canceled with or without cause at any time during its term bY either party upon (30) days written notice to the other of its desire to terminate this Agreement. 17. Notice. Any notice or demand, which under the terms of this Agreement or by any statute or ordinance is to be given or made by either party, shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. Notice to the City shall be addressed to: Kurt Bressner, City Manager City of Boynton Beach 7 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 With Copies to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. Suite 200 3099 East Commercial Blvd. Ft. Lauderdale, Florida 33309 Notice to Licensee shall be addressed to: Jorge Lopez, President VDS Associates, LTD. 2121 Ponce De Leon Blvd. Penthouse #2 Coral Gables, Florida 33134 Telephone 305/443-8288 Facsimile 305/443-9339 18. Entire Agreement. This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided in it. If any provision in this Agreement is invalid, it shall be considered deleted and shall not effect the remaining provisions. 19. Laws and Ordinances. Licensee shall observe all laws and ordinances of the City, and state and federal agencies directly relating to the operation of the Property. 20. Recordation of Agreement. This Agreement shall be recorded in the Public Records of Broward County, Florida. Upon termination of this Agreement, a document of equal dignity to this document shall be executed and recorded by City at Licensee's expense. IN WITNESS OF THE FOREGOING, the parties have made and executed this Revocable License Agreement on the respective dates under each signature: City, authorized execute the same by its governing body on , signing by and through its authorized to execute the same. ., 2002 and duly CITY: CITY OF BOYNTON BEACH A Florida Municipal Corporation ATTEST: CITY CLERK Gerald Broening, Mayor APPROVED AS TO FORM: BY: JAMES A. CHEROF City Attorney Wimesses: LICENSEE: VDS Associates, LTD. A Florida Limited Partnership Witness By: Its: 9 STATE OF FLORIDA COUNTY OF BEFORE ME personally appeared , of , a Florida , personallY known to me or who produced as identification, and who executed the fOregoing Revocable License Agreement on behalf of the corporation, and acknowledged before me that he/she executed the same for the purposes expresSed in it. WITNESS my hand and official seal on ,2002. Notary Stamp: NOTARY PUBLIC, State of Florida at Large Ca/agrnts/Revocable License Agreement 10 EXHIBIT "A" LEGAL DESCRIPTION Approximately 0.267 AC (11,645.25 ft~) at the northwest comer of U.S. Highway 1 (Federal Highway) and Old Dixie Highway, located in Section 4, Township 46 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida. 11 -F' 0£ '0'~ 09 Requested City Commission Meeting Dates ] March 19, 2002 ] April 2, 2002 ] April 16, 2002 ] May 7,2002 NATURE OF AGENDA ITEM VII,-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to CRv 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 17, 2002 (5:00 p.m.) [] JulY 2, 2002 June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ~ [] City Manager's Report RECOMMENDATION: Motion to approve and authorization to execute by Resolution Task Order No. 14 in the amount of $82,046 to CH2M Hill, Inc. for the Phase I, Technical Services for the NE 17th Avenue Drainage Improvements and Water Main Replacement Project. EXPLANATION: This project is necessary to effect stormwater improvements in the basin area of NE 19th Avenue to the North, NE 2~d Lane to the East, NE 16th Court to the South, and Seacrest Boulevard to the West (referred to as the "site area"). This prOblem was identified in October 2001 and the proposed drainage improvements will alleviate potential property damage and eliminate property owner complaints regarding flooding during rain events. In addition, this project will include the replacement of existing asbestos water mains with cement lined ductile iron pipe and to provide code compliant fire protection coverage in the site area. A recent site area investigation by the CBB Utility Locators, identified and confirmed that the entire water system in the site area is asbestos cement pipe of varying s~e and age. The stormwater improvements will consist of swale and exfiltration systems to reduce street flooding experienced in the site area. The swales and closed drainage system will be constructed (or restored) in areas where soil conditions allow for adequate percolation, will not result in excessive ponding, and where conditions (underground utilities, large trees, etc.) will allow construction with minimal cost and aesthetic impacts. S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This project will be implemented in two phases. The Phase I for this proposed Task Order will consist of surveying and geotechnical data collection of the site area; runoff modeling, preparation of a preliminary design, and meeting with the South Florida Water Management District (SFWMD) to present the project and discuss permitting requirements. In addition, the Preliminary Design Memorandum will be prepared outlining the design elements, standards, and criteria that will be used as well as an estimate of probable construction cost. This data will be presented in a workshop with City staff and then "rolled out" to the site area residents in a planned Public Meeting. The Phase II will be the subject of a follow on Task Order to CH2M Hill to include the design/build approach for completion of final construction documents and implementation of construction using local subcontractors to execute the project. PROGRAM IMPACT: The proposed stormwater improvements will enhance drainage in the site area and reduce the threat of property damage from rain events. The scope of the project is based upon a closed system with exfiltration basins and/or a swale solution with no positive outfall. These improvements will be in general conformance with the recommendations of the 1992 Stormwater Master Plan and the 1999 update to that Plan. The water system pipe replacement using cement lined ductile iron will provide longer system life, better water quality and an overall more durable delivery system. FISCAL IMPACT: Funds are available for the proposed Task Order in account number 403-5000-590-96-07, STM019 for the stormwater portion and 403-5000-590-96-02, WTR054 for water improvements. The consultant fee for this Phase I component is $82,046 which includes data collection, surveys and geotechnical investigation. The preliminary estimate of construction will be prOvided at the conclusion of Phase I services. ALTERNATIVES: Consideration was given to performing this engineering in house; however, due to the current workload and the need for critical modeling analysis for permitting it was determined to engage a Utility Task Order Consultant to undertake the work. ~~plaints a ti~el:.olution is called for._ I Department Hea~s Signature Further, given the u ent nature of the re-current flooding City Manager s Signature Department Name City Attornq~/Fin~ance / Human Resources S:\BULLET1N~FOP~MS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 14 FOR CH2M HILL, INC., IN THE AMOUNT OF $82,046 FOR THE PHASE I, TECHNICAL SERVICES FOR THE NE 17TM AVENUE DRAINAGE IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT; AND PROVDING AN EFFECTIVE DATE. WHEREAS, this project is to provide Phase I Technical Services for the NE 17th Avenue Drainage Improvements and Water Main Replacement Project; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for CH2M Hill., for the Phase I, Technical Services for the NE 17th Avenue Drainage Improvements and Water Main Replacement Project. 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 and direct the Mayor and City Clerk to approve and execute a Task Order for CH2M Hill, in the amount of $82,046. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner Task Order No. 14 Phase I- Technical Services for the NE 17th Avenue Drainage Improvements and Water Main Replacement Project A. Background In 1992, the City of Boynton Beach (the CITY) completed a Stormwater Master Plan. An update to the plan was prepared in 1999, which identified areas that could benefit by the construction of swales and exfiltration basins. In October 2001, the CITY identified a problem area due to small storm street flooding, which requires improved stormwater drainage. The problem area (the SITE) is bounded by NE 19th Avenue to the North, NE 2na Lane to the East (including small "DEAD END" street), NE 16th Court to the South and Seacrest Boulevard to the West (see Exhibit 1). In May 2002, the CITY conducted an investigation using potholes within the boundaries of the SITE to identify the type of pipe materials of the potable water distribution system. The results of the investigation found that asbestos cement pipe made up the water distribution system at the SITE. The CITY has requested design/build (D/B) services from CH2M HILL (the CONSULTANT) for improvements to the stormwater system and the replacement of asbestos pipeline with cement lined ductile iron pipe at the SITE. The D/B method is referred to as Construction Management at Risk (CM) and is intended to expedite completion of the improvements in the most cost effective manner. The project will consist of the replacement of the asbestos concrete potable water piping with cement line ductile iron pipes and implementation of swale and exfiltration systems to reduce small-storm street flooding experienced at the SITE. The swales and closed drainage system will be constructed (or restored) in areas where soft conditions allow for adequate percolation, will not result in excessive ponding, and where existing conditions (underground utilities, large trees, etc.) allow construction with minimal cost and aesthetic impacts. The scope and budget are based on a closed svstem with exfiltration basins and/or a swale solution (i.e. no positive outfall). The stormwater improvements shall be in general conformance with the recommendations of the 1992 Stormwater Master Plan and the 1999 update to the plan. The project will be implemented in two Phases: Phase I: This Phase consists of the following tasks: · Task ! includes collection of survey and geotechnical data of the SITE. · Task 2 includes runoff modeling (including stage storage analysis), preparation of a preliminary design, and meeting with the South Florida Water Management District (SFWMD) to present the project and discuss permitting requirements. DFB\CH2MH TASK ORDER 14.DOC 1 Phase II: Task 3 includes the preparation of a Preliminary Design Memorandum (Memorandum) that outlines the design elements, standards, and criteria that will be used in the development of the design and construction plans for the project. The Draft Memorandum will also include an Engineer's estimate of the probable construction cost. The Final Memorandum will include the estimated total project implementation cost. Also, included as part of this task is the presentation of the Draft Memorandum and preliminary design at a workshop with CITY staff and participation with CITY staff at one town meeting. This Phase of the project will be implemented, upon completion of Phase I, under a separate Task Order that will be prepared and submitted to the CITY for approval. This Phase of the project will consist of the following tasks. . Task 1 will include preparation of construction drawings and of the General Environmental Resource Permit (ERP) required for construction. This task includes gathering any additional information needed for the preparation of construction drawings and ERP. This task will also include assisting the CITY in obtaining Palm Beach County Public Health Unit construction permits for the pipe replacement by obtaining and completing the permit forms for CITY approval/signature and providing background information. Task 2 will include construction of the stormwater improvements using the D/B method and the replacement of the existing asbestos pipeline with cement lined ductile iron pipe, where the CONSULTANT will hire local contractors to execute the construction. B. Scope of Services for Phase I Task 1 - Data Gathering The CONSULTANT will retain the services of a registered Professional Surveyor to collect survey information from the SITE. The survey will provide topography and locations of all surface features, including manholes, driveways, walks and curbing. Using surface features, existing record drawings, known utility information and CITY mapping, a base plan will be developed for the SITE. The CONSULTANT will contract a geotechnical services firm that will conduct a maximum of 15 test borings, geotechnical analysis, and estimate hydraulic conductivity. The information collected during the geotechnical studies of the area will be used to prepare a preliminary design memorandum of the proposed stormwater improvements. Task 2 - Runoff Analysis The CONSULTANT shall use available data to determine drainage and/or sub-basin boundaries within the watershed applicable to the SITE. Information collected from the survey, conducted under Task 1 - Data Gathering, will also be used Go assist in determining drainage basin and/or sub-basin delineation. Based on land use, survey, and geotechnical information, the CONSULTANT will perform the following calculations. DFB\TASK ORDER_REV8.DOC 2 Stage- storage calculation Impervious area ratio calculation · Time of concentration calculation · Curve number calculation The CONSULTANT will develop a hydrologic model (XP-SWMM or AdlCPR) as required for the permit application. The model will be based on the following items: · Rainfall depth, duration, and frequency data · Basin characteristics (i.e., areas, slope, length and existing stormwater flow pattern) · Physical conveyance and storage features · Land use.characteristics and impervious areas · Soil infiltration rates, storage, and hydraulic conductivity The CONSULTANT will simulate 1.0-inch, 2.5-inch 5-year-24 hour, and 10-year-24 hour existing land use and hydraulic conditions and up to three alternative hydraulic conditions. Flood conditions and Level-of-Service (LOS) assessments shall include application of the SFWMD and Palm.Beach County criteria. The model will be used to identify the benefits (LOS) expected for each alternative developed and to support permitting, design or problem area evaluations. Task 3 - Preliminary Design MemOrandum The CONSULTANT will prepare a Preliminary Design Memorandum, outlining the design elements, standards, and criteria that will be used in the development of the design and construction plans for the project. This memorandum will provide sufficient detail and information to show that the proposed improvements are feasible to construct according to the recognized standards for the project and will serve as the basis for permitting of the project. An Engineer's estimate of probable construction cost will be included in the Draft memorandum. The Final Memorandum will include the estimated project implementation cost. It is the CONSULTANT'S understanding that since the project area is less than 100 acres and greater than 10 acres, a General Environmental Resource Permit (ERP) will be required. A meeting with the SFWMD will be included as part of Phase I to discuss the permitting requirements for the proposed stormwater improvements. Preparation of the ERP and submission to the appropriate regulatory agencies will be include in the Scope of Work for Phase II. C. Assumptions The scope and budget are based on a closed system with exfiltration basins and/or a swale solution (i.e. no positive outfall). The stormwater improvements shall be in general conformance with the recommendations on the 1992 Stormwater Master Plan and the 1999 update to the plan. The CONSULTANT assumes that Phase II will be delivered using the D/B approach and the information gathered as part of this Task Order will be used to prepare a total project delivery cost. The collection of any additional information needed for the preparation of construction drawings and will be included in the implementation costs of Phase II. DFB\TASK ORDER_REV8.DOC 3 D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL. E. Compensation Compensation by the CITY to the CONSULTANT for Phase I will be a lump sum basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $81,999 as shown in Table 1. TABLE 1 Phase I - NE 19t~ Ave. Stormwater Improvements City of Boynton Beach Labor Labor Cost Expense Cost Total Hours Task 1 - Data Collection 113 $10,103 $31,861 $41,964 (Survey and Geotechnical) Task 2 - Runoff Analysis 146 $13,252 $854 $14,106 Task 3 - Preliminary Design 286 $24,303 $1,673 $25,976 Memorandum Phase I Total 545 $47,658 $34,341 $82,046 G. Schedule The CONSULTANT will commence services upon receipt of written authorization and will complete all work associated with this Task Order three months from the receipt of authorization. A schedule of Phase I is present as Exhibit 2 of this Task Order. DFB\TASK ORDER_REV8.DOC 4 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By:. Mayor Gerald Broening Dated this day of ,2002. SUBMITTED BY: CH2M HILL, INC. Dated this,~, day of ~-d u.a,.~,,, ,2002. DFB\TASK ORDER_RE¥8.DOC N.~$. EXHIBIT 1 Project Area City of Boynton Beach Stomwvater Management System Improvements ~ CI.12B~HILL Exhibit 2 City of Boynton Beach Stormwater Management System Improvements - NE 19th Ave Tasks Data Gathering (Survey/Geotech) {unoff Modeling Months I 2 3 attending two meetings Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST Date Final Form Must be Turned tn to Cit~ Clerk's Office March 6, 2002 (5:00 p.m.) March20, 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 [] Iuly 2, 2002 Date Final Form Must be Turned in to City Clerk's Offic~ 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 RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve and authorization to execute by Resolution, Task Order No. 01-05 for the Surf Road Area Water Main Replacement Project in the total amount of $49,140 to Metcalf & Eddy, under the Utility Department General Agreement for Professional Services, to provide Phase I, preliminary design and engineering services for the upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge. Acct. ~-407-5000-590-96-02 (WTR054). EXPLANATION: The City of Boynton Beach Utilities provides water service to this area because it is in our service territory. The existing water mains are of a small diameter, they are galvinized pipe, and they are nearing the end of their useful life. The proposed plan is to install both 6" and 8" piping systems to service the Surf Road area, to replace and relocate the existing water meters from the rear of tt~e property to a street front location for easy access. In addition, seven fire hydrants are proposed for the project to assure compliance with fire code. The project area is defined as: * Bdny Breezes Boulevard on the north * Surf Road to the south * North Ocean on the west * Old Ocean Boulevard, Streamaire Lane and Coquina Road on the east * North, Center, South, and East Lanes S:~BULLETIN~ORMS~G~DA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Water service upgrades will consist of the following: * Approximately 3,600 linear feet of 6" and 800 linear feet of 8" ductile iron water mains * Seven Fire Hydrants * Sixty-Four water service connections It is also proposed that the roads will be restored to their original condition, with the exception of minor swale grading and asphalt replacement. Task Order 01-05 will include all necessary Phase I services to achieve 30% design completion. Upon conclusion of this phase, a construction fee estimate will then be negotiated to include the balance of design and construction under a Phase !1 Task Order. The actual construction of the project will be completed dudng Phase II, using a Construction Manager at Risk contract with Metcalf & Eddy. The Phase II Task Order will need City Commission approval as well. PROGRAM IMPACT: The intent of this project is to improve the quality and quantity of water delivery, correct the deficiency of flow and to raise the current level of fire protection. This Task Order moves the project forward from the Feasibility Report and includes public meetings, surveys and geotechnical investigation, data collection, and utility locate services as well as related design and engineering to get to a 30% design completion. FISCAL IMPACT: The project will be funded from the Utility Department Account No. 407-5000-590-96-02 0NTR054). The consultant fee of $49,140 has been negotiated with Metcaif & Eddy for the Phase I services and is considered fair and reasonable. ALTERNATIVES: This water system needs to be upgraded and the plan under which this will be accomplished has been set forth in the Feasibility Report. The City has considered performing this design using in-house staff; however, the current workload and the relative complexity of this project suggest that the optimal solution is to use the Consultant firm of Metcalf & Eddy. City Manager's Signature Utilities Department Department Name City Attorn~'f~inance / I-funian Resources S:kBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 0!-05 FOR METCALF & EDDY, IN THE AMOUNT OF $49,140 FOR THE SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this project is to provide Phase I, preliminary design and engineering services for the upgrading of water mains and services in an unincorporated area adjacent to the Town of Ocean Ridge; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for Metcalf & Eddy., for the Surf Road Area Water Main Replacement Project in the amount of $49,140; 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 and direct the Mayor and City Clerk to approve and execute a Change Order for Metcalf & Eddy, in the amount of $49,140. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day ofJune, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk Vice Mayor Commissioner Commissioner CommisSioner Metcalf & Eddy May 24, 2002 Mr. Paul Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 3740 Executive ¥¥av Miramar Florida 33025 Tel: 954-450-7770 Fax: 954-450-5100 Re: Fee Proposal Preliminary (30%) Design - Phase I Surf Road Area Water Main Replacement Agreement R00-137 Task Order #01-05 Dear Mr. Fleming: As requested, please find three executed copies of the Surf Road fee proposal. We look for~vard in working with the City on this important project. Please contact Jim Penkosky or me with any questions or comments at 954-450-5114. Sincerely, Roberto S. Ortiz, P.E. Vice President Enclosure: Fee Proposal (3 copies) CCi w/o enclosure Clem Bucher- Boynton Beach Jim Penkosky - M&E p:\eng\boyntonbeachXto01-05\pf020524.doc TASK ORDER #01-05 May 24, 2002 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH PRELIMINARY (30%) DESIGN - PHASE I ASSOCIATED WITtt CONSTRUCTION MANAGEMENT AT RJSK APPROACH - PHASE H FOR SURF ROAD AREA WATER MAIN REPLACEMENT Background It is the general intent of this scope of services to provide preliminary design services associated with the upgrading of water services in an unincorporated area adjacent to Ocean Ridge known as the Surf Road Area. The project area lies in an unincoiporated pocket (approximately 17 acres) of Palm Beach County and currently obtains water and sanitary sewer services from the City of Boynton Beach (City). The project area is def'med as: · Briny Breezes Boulevard on the north, · Surf Road to the south, · Old Ocean Boulevard, Streamaire Lane, and Coquina Road on the east, · North Ocean Boulevard (AIA) on the west, and · North, Center, South, and East Lane area. Metcalf & Eddy has prepared a feasibility study for the project area. The study identified a need for upgrading water services due to a deficiency in flows and lack of adequate fhe hydrant coverage in the project area. Basis of Estimate The basis of this estimate is to provide for 30 % design (Phase I) which will be used to develop a negotiated fee for a subsequent phase (Phase 1I) which will utilize construction management at risk as described herein. Hence, this fee proposal and scope of work addresses the 30% design and broad concepts that will be used to develop and subsequently execute the project under a construction management at risk approach. 1 Surf Road Project Approach M&E has experience in numerous projects using the construction management at risk approach. We bring this experience to the Surf Road project. The approach proposed for this project and presented herein is as follows: 1. Conduct a Public Meeting to present and discuss the preliminary design water main plan for those affected residents. 2. Perform engineering design services at a 30% completion level necessary to solicit bids from contractors. 3. Select Contractor(s) based on established criteria 4. Develop fee proposal for construction management at risk project 5. Provide technical services during construction such as construction management and engineering services necessary to execute and certify the project During the course of the project, M&E encourages City participation and feedback. We believe that this participation further enhances the team concept which is very important in a successful construction management at risk project. Upgrading Water Services Background Based on available information, M&E recommended a system layout as shown in Figure 4 of the Feasibility Study. Attachment 1 futher defines the water main layout. This preliminary layout depicts a new 8-inch main along Briny Breezes Boulevard to service the Surf Road Area. The new main would run from along Briny Breezes Boulevard to Old Ocean Boulevard, along Seaview Avenue, down Streamaire Lane, Winthrop Lane, and Kenmore Lane where it would connect to the replacement loop running along Coral Road, Reef Road, Surf Road, East Avenue, and Coquina Road, thus preventing system dead ends. Having water supplied from two locations will also strengthen the system and aid in maintaining adequate flows. A loop is also proposed for North, Center, South, and East Lane to AIA. It was proposed that all the existing water meters be abandoned and replaced with new meters. It was also recommended that the new meters be placed street front for easy access of city personnel rather than in the back of homes. A total of seven fire hydrants are proposed for the study area. The preliminary layout shows the location of the hydrants. This layout satisfies the City's fire hydrant criteria. It is proposed that roads be returned to their original condition, with the exception of minor swale grading as defined in Phase I and an asphalt replacement for those roads, once the new pipes have been laid and the old utilities abandoned or removed. Currently, most of the roads throughout the subject area are unpaved and are comprised of predominantly coral rock and soil. 2 The water service upgrades identified in the Study consist of the folloWing: 1. Approximately 3,600 lineal feet of 6-inch and 800 lineal feet of 8-inch ductile iron water main 2. Seven fire hydrants 3. Sixty-four water service connections (3/4", 10 If each) Although not identified in the Study, the point of connection to the tOwnhomes along Conquina Road will be examined. The following pages provide a proposed scope of services for the initial phase (30% Design - Phase I) of the proposed approach. 3 SCOPE OF SERVICES PHASE I: 1.0 Project Management - 30% Design 1.1 Management Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs during the 30 % design phase 1.2 Project Meetings M&E will attend up to three (3) meetings with representatives of the City as part of this project, as follows: a. Public Meeting, b. 30 % design review meeting, and c. Price negotiations for CM at Risk Phase. If required, as part of the public meeting, M&E will be providing presentation material in the form of a proposed water main and services layout on two 24x36 presentation boards as requested by the City. 1.3 Value Engineering M&E will be conducting one value engineering meeting with the City for the project to identify potential cost savings and further enhance value to the City. Results will be incorporated into the lrmal 30% deliverable. 2.0 Engineering Design 2.1 Data Collection and Field Investigation M&E will perform the following field activities: Field supervision by M&E personnel for our subcontractors, as necessary Geotechnical services: · advance up to 10 borings to a depth of 10 feet each to obtain soil properties 4 laboratory testing of three samples to determine corrosive properties at representative locations · measurement and recording groundwater levels at each boring location · preparation of geotechnical report which will describe the work performed and include boring logs and laboratory test results · Surveying services: · services as defined by the Florida Department of Business Regulation Chapter 61G17-6 survey type "(i) Record Survey" and "(j) Right of Way Survey", including property lines and easements. · generate a 1"=10' scale topographic map of the project area streets (both in CADD and a reproducible copy), including onsite items as indicated within the public Right-of Way · locate, manholes and record dm elevations and select manhole inverts · identify existing water meter locations on the survey · provide PLS signed and sealed survey plans · Utility locate services · contact Sunshine State One and arrange for location of utilities on the project area public roads · use existing utility maps to identify proposed water main route conflicts · with the City's assistance, locate existing water meters as much as practical · Vacuum extraction (soft dig) · provide up to 10 soft dig utility locations in those areas that have potential water main route conflicts · Should the City request more locations, each is $275 per hole not including 10% markup. The additional hole must be performed while the crew is on-site. Otherwise a setup fee of $260 not including markup is imposed. · Percolation testing will not be necessary. 2.1.2 Easements/Rights of Way M&E will obtain all necessary information on the City's or County's easements and rights-of-way for the proposed water system upgrades. This information will be included in the Preliminary Design Report (PDR). 5 2.2 30% Design Drawings M&E will provide water main plan view drawings of the project area using the survey information obtained from field investigations. The intent of the 30 % design drawings is to provide sufficient information to develop a price for water system upgrade construction. M&E will prepare preliminary technical specifications, using City of Boynton Beach standard technical specifications as augmented by M&E. Otherwise standard Construction Specification Institute (CSI) format preliminary technical specifications necessary for the project will be used. These specifications will be based on standard terms commonly used in construction contracts 2~3 2.2.1 Permitting Information Permitting activities with the following agencies are anticipated: 1. Palm Beach County Department of Health (PBCDOH) Permit for constructing a water main. 2. Palm Beach County/City of Boynton Public Works for Right-of-Way 3. Palm Beach County/City of Boynton Beach Planning and Zoning (P&Z) for city building permits. The permit fee is determined by the estimated construction cost (or waived if City of Boynton Beach). In the PDR M&E will present a table identifying the permits, agencies, contacts, and associated permit fees for each agency. Deliverables M&E will be providing the following deliverables in the form of a PDR as part of the 30 % design proposal: · Survey for work described above (hard and disk copy) · Geotechnical report · Soft dig results · Water main plan view drawings · Depth and material of main · Landscaping issues · Preliminary technical specifications · Bill of Materials · Permit table 6 At this stage, M&E will develop and present a formal fee proposal for Phase II. The information contained in the PDR will be provided to contractors to obtain pricing. PHASE H: 3.0 Design Development and Construction Management Approach Once the City has reviewed and accepted the water main route via the PDR, M&E will f'malize preliminary drawings and technical specifications. The level of detail will be that which is necessary for obtaining permits and construction pricing from contractors. Tasks within this phase consist of: 1. Design Development 2. Permitting 3. Construction Management 4o Schedule and Phasing Development 5. Construction Management at Risk 6. Engineering Services A detailed fee proposal with appropriate pricing will be presented at the completion of Phase I. 4.0 Sample Construction Management at Risk Contract Attachment II contains a sample construction management at risk contract. This contract is currently being used in Collier County, Florida for a project that M&E is providing construction management at risk contractual services. 4.0 Basis of Estimate - 30% Design The Public Meeting will be planned and conducted by the City. M&E will be providing presentation material in the form of a proposed water main and services layout on two 24x36 presentation boards as requested by the City. The water main improvements will consist of 3,600 If of 6-inch diameter and 800 If of 8-inch diameter water main. Full restoration to Palm Beach County Standards is not required. Restoration will be in kind. Stormwater design will be limited to minor drainage swales. The design intent, as part of this project and during f'mal design, will be to collect street runoff into the swales assuming little or no percolation. The design drawings will be based on plan scale 1" = 40' horizontal. Prof'fles will not be developed during Phase I. 7 Compensation for engineering work in this proposal (Phase I) will be based on a lUmp sum method of payment in accordance with our General Agreement. PROJECT SCHEDULE The following project schedule has been developed should the City approve awarding M&E with the 30 % design and overall construction management for the project. Schedule Task Time Elapsed to Subtask Completion PHASE I Notice to Proceed Task 1 - Project Management Town Meeting Task 2 - 30 % Design Survey Geotechnical Report Utility Verification 30% Design Submittal City Review Solicitation of Contractor Pricing CM at Risk Proposal Price Negotiations and NTP Phase II 0 weeks Continuous 5 weeks 4 weeks 5 weeks 5 weeks 8 weeks 10 weeks 13 weeks 15 weeks 19 weeks PHASE H Task - Construction Management at Risk Material Procurement Design Development Permits in Hand Construction Substantially Complete Final Completion/Certifications 23 weeks 22 weeks 25 weeks 35 weeks 37 weeks PROJECT TEAM The project team will be led by Mr. Roberto S. Ortiz, P.E. who will act as principal- in-charge. M&E's project manager will be Mr. James G. Penkosky, P.E. The following subcontractors will be used: Surveying services: Shalloway, Foy, Rayman & Newell, Inc. Geotechnical services: Intercounty Laboratories, Inc. Soft Dig services: Accurate Locating, Inc. 8 COMPENSATION - Preliminary (30%) Design- Phase I M&E proposes to perform tasks 1.0 and 2.0 for a lump sum amount of $49,140. A cost estimates is attached to present a breakdown of fees and hours per task and is included as Attachment 2. The cost estimate is summarized below. Task 1 - Project Management and Meetings Task 2 - Predesign Totals Labor ODCs Total $ 6,751 $ 67 $ 6,818 19,958 22,364 42:322 $26,709 $22,431 $49,140 Please note that a majority of the ODCs consist of those subcontractor services outlined in Section 2.1. 9 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Date: Mayor Approved as to Form: City Attorney SUBMITTED BY Metcalf & Eddy. Inc. Robertb S. Ortiz, Vice President Date: ~' -~L/~-0~" 10 ATTACHMENT 1 PRELIMINARY LAYOUT ~' ZC~A ATTACHMENT 2 COST ESTIMATE Z LU ~m Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 20O2 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORiV Date Final Form Must be Turned in ro 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 [] 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: Adoption of Resolution tb provide for annual adjustment to the expense allocation received by the Mayor and Commission. EXPLANATION: The Mayor and each City Commissioner receive a monthly allocation to cover expenses incurred in the performance of their official duties. Currently there is no provision for adjustment to the allocation to offset inflation. The proposed Resolution provides for annual adjustment of the expense allocation based on increases in the Consumer Price Index (CPI). A copy of the Bureau of Labor Statistics data sheet reflecting increases to the CPI for the Southern Region since 1992 is attached. PROGR.adVI IMPACT: Adoption of the Resolution will require an increase in the annual budget appropriation that covers expenses of the City Commission. FISCAL IMPACT: The CPI has increased at a rate of approximately 2.3% per year when annualized over the last seven (7) years. Future increase are likely to follow that pattern. The first adjustment will be implemented 10/1/02. ALTERNATIVES: Take no action. Department Head's Signature Department Name ,, 'City Manager's Signature ~/~ity A~/e~/F-'mance / Hmn Resomces S:~IULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC Public Data Query' Page Bureau of Labor Statistics Data BLS Home · Proqrams & Surveys * Get Detailed Statistics~ · To_pies A-Z · Glossary · What's New Change the output (years, net & percent changes, format) Data extracted on: June 12, 2002 (10:OO:26 ANI) Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUIJR0300SA0,CUUS0300SA0 Not Seasonally Adjusted Area: South urban Item: All items Base Period: 1982-84=100 Annual 136.5 :13 140.8 144.7 149.0 153.6 15; 156.9 15~ 158.9 15~ 162.0 16~ 16~ U.S. Bureau of Labor Statistics Postal Square Building 2 Vlassachusetts Ave., NE Washington, DC 20212-0001 Search:l (~ Advanced Search Pfrone: (202) 691-5200 Fax-on-demand: (202) 691-6325 Data questions: Technical [web) questions: webmaster(~bls,pov Other comments: http://data.bls.gov/servlet/SurweyOutputServlet?series_id=CUUR0300SA0,CUUS0300SA0 6/12/2002 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR ANNUAL ADJUSTMENT OF EXPENSE ALLOCATIONS TO THE MAYOR AND COMMISSION BASED ON INCREASES IN THE CONSUMER PRICE INDEX; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission each receive a monthly allocation to cover expenses incurred in the performance of their official duties; and WHEREAS, the expense allocation received by the Mayor and Commission is funded by an appropriation in the City's annual budget; and WHEREAS, there is currently no provision for annual adjustment to the appropriation to offset inflationary erosion of the expense allocation; and WHEREAS, the City Commission deems it fair and equitable to provide for annual adjustment of the expense allocation to track increases in the CPI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being tree and correct and incorporated herein by this reference. Section 2. The monthly expense allocation for the Mayor and members of the City Commission shall be increased annually by a percentage that reflects the annual increase in the Consumer Price Index (CPI). The source for determining the Consumer Price Index shall be the data provided by the Bureau of Labor Statistics for the Southern Urban Region, All Urban Consumers. The initial adjustment, which shall be implemented October 1, 2002, shall reflect the increase in the CPI from ;:\CA\RESO\Commission Expense allocation.doc April, 1995 (base month/year) to April, 2002. Annual adjustments shall thereafter be based on CPI data available for the month of April in each year following 2002. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ~:\CA\RESO\Commission Expense allocation.doc Requested City Commission Meeting Dates [] March 19,2002 [--]' April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGEN DA ITEM C.5. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmw 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 [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorizing the Mayor ~nd City Clerk to execute the Law Enforcement Against Child Harm (LEACH) Operational Task Force Memorandum of Understanding. EXPLANATION: Broward County Sheriff's Office is the recipient of a Federal Grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C., to assist law enforcement in investigating and combating exploitation of children which occurs through the use of computers. The City of Boynton Beach would join together with other law enforcement agencies in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity. PROGRAM IMPACT: The task force is to effect dedicated and intensive investigative, proactive, and general law enforcement efforts primarily with regard to the investigation of the criminal exploitation of children committed by or through the use of computers, computer technology, and the Internet. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~d3ULLETINhFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK 'FO EXECUTE A LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING WITH BROWARD COUNTY SHERIFF'S OFFICE, JOINING A MULTI-AGENCY TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Broward County Sheriff's Office is the recipient of a Federal Grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses; and WHEREAS, the City of Boynton Beach will be joining with other agencies to implement the LEACH Task Force; and WHEREAS, the City Commission, upon recommendation of staff has determined that it is in the best interests of the citizens and employees of the City to enter into a Law Enforcement Against Child Harm (LEACH) Operational Task Force Memorandum of Understanding. 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 and direct the Mayor and City Clerk to execute a Law Enforcement Against Child Harm Operational Task Force Memorandum of Understanding between the City of Boynton Beach, Florida and Broward County Sheriff's Office being attached hereto as Exhibit "A" Section 2, This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:ca/reso/agreements/LEACH - Task Force PD LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle orgamzations engaging in such activity; and WItEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture acuons against identified violators, as appropriate; and x, VHEREAS, the Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations, NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement to implement the LEACH Task Force for the purposes and goals indicated below: Parties To This Agreement: The Florida Department of Law Enforcement, The Broward Sheriff's Office, The City of Miami Police Department, The St. Lucie Sheriff's Office, The Bal Harbour Village Police Department, The City of Parkland Public Safety Depamnent, The City of Hollywood Police Department, The Sebastian Police Department, The Coral Springs Police Department, The Monroe County Sheriff's Office The Palm Beach County Sheriff's Office The Boynton Beach Police Depaxianent The Miami-Dade Police Department, The City of Fort Lauderdale Police Department, The City of Miramar Police Department, The Martin County Sheriff's Office The City of Pembroke Pines Police Department, The City of Margate Police Department, The Indian River County Sheriff's Office, The Delray Beach Police Department, The City of Miami Beach Police Department The Indian Creek Village Public Safety Dept. The Boca Raton Police Department The City of West Palm Beach Police Department Additional parties may enter into this Agreement at a later date, upon an affirmative vote of a majority of the LEACH Advisory Board members. The Advisory Board may sign an Agreement reflecting the addition of a new Party to this Agreement. Any party may cancel its participation In this Agreement upon delivery of written notice of cancellation to all Parties to the Agreement. LEACH MISSION The Task Force is to effect dedicated and intensive investigative, proactive, and general law enforcement efforts primarily with regard to the investigation of the criminal exploitation of children committed by or through the use of computers, computer technology, and the Inter'net. Such crimes include, but are limited to, the procuring, collection, transfer or distribution of child pornography, and, the lliring,' seduction or enticement of a child for sexual purposes through computer on-line services, bulletin board services, or Internet services. The principal goals of the task force shall be the successful identification, apprehension and prosecution of child molesters, child pornographers, child pornography collectors or distributors, child abusers, and preferential sexual offenders who target children. The Task Force shall strive to prevent the victimization and sexual exploitation of children and to identify and assist victims and and potential victims of child pornography, computer pornography and chila abuse. Such efforts shall include, but are not limited to, covert undercover operations designed to detect illegal activity and to identify those involved in such activity including :those?directing orotherwise controlling organized child .oomography rings; the collection and maintenance of an intelligence database identifying known and ;uspected child molesters, child pornographers, child pornography collectors or distributors, child abusers and preferential sexual offenders who targe~ children; the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity (utilizing state, and federal forfeiture options, as appropriate); and the referral of investigative leads and intelligence to such other federal, state, or local law enforcement authorities as may be required and appropriate under the Task Force's operations. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with FDLE and BSO and other Task Force members. JURISDICTION The principal sites of Task Force activity shall be Broward County, Miami-Dade County, and Palm Beach County, Florida. Nothing in this Agreement shall be construed as to grant jurisdiction outside a Task Force member's normal territorial boundaries. The appropriate federal and/or state authorities will be contacted should an investigation extend outside the jurisdiction of the participating Task Force agencies. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. COMPOSITION AND SUPERVISION The undersigned agencies agree to the creation of a LEACH Advisory Board, comprised of a member of the Broward Sheriff's Office and the Florida Department of Law Enforcement and other participating agencies as may be decided by FDLE and BSO. The Advisory Board shall act as a governing board for issues before the Task Force but not relating to the day-to-day operations of the participating Agencies. The Advisory Board will also be responsible for determining the equipment, personnel, and mining needs of the Task Force. The day-to-day operational decisions for individual cases will be the responsibility of the originating agency. However, all cases will be monitored by BSO and FDLE. Furthermore, the authorization of overtime, the purchase of equipment and any other expenditures will be the responsibility of B80 (as the grant recipient), to the extent that these costs will be funded - as permitted - by the federal grant disbursed by OJJDP. All personnel participating in Task Force operations and the equipment utilized by such personnel as provided or assigned by the Advisory Board shall be under the supervision, direction and control of a Task Force Supervisor(s), who will be one member of BSO and one member of FDLE. Standard -operating procedures will be further guided by the O J J-DP Internet Crimes Against Children ("ICAC") Guidelines which are attached and incorporated herein as Exhibit "A." In no event will a Task Force member be expected or required to violate or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. Upon written notification to all Parties, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Task Force. However, the Attvisory Board may request that a particular sworn member or support person assigned to the Task Force no longer be: allowed to participate in the Task Force. LIABi,.,/TY AND COST-RELATED [SSb,..S Each Party to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employees while such employees are engaged in Task Force operations. Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, automobile liability insurance and workers' compensation insurance policies or maintain a self-insuring fund or the term of this Agreement in the amounts determined by each Party to adequately insure such Party's liability assumed herein, but in no event shall such coverage be less than the amount of statutory waiver of sovereign immunity. Each Party agrees to provide the other Parties with proof of insurance (comprehensive general liabili:y, professional liability, automobile liability and workers' compensation) or proof that the Party maintatns a self-insurance fund consistent with F.S.S. Chapter 768.28. Each Party (indemnitor) hereby shall, to the extent permitted by law, indemnify from any liability and hold harmless the other Parties (inderrmitees), their employees, agents, or servants against liability including, but not limited to, court costs and attorneys' fees, arising from any actions, causes of actions, suits, trespasses, damages, judgments, executions, claim, and demands of any kind whatsoever, in law or in equity, brought against the indenmitees, 'their employees, agents, and servants ms a result of the indemnitor, its employees, agents or servants' negligent acts or negligent omissions, while acting within the scope of their employment. Each Party will at all times be entitled'to the benefits of sovereign immunity as provided in F.S.S. 768.28 and common law. Nothing contained herein shall be construed as a waiver of sovereign immunity. Each Party to this Agreement agrees to'furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other Party to this Agreement in order to effect the purposes of the Task Force and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources. This provision shall not preclude necessary property, resources or costs being purchased or funded via legally vested Task Force funds, if agreed to by the Parties. Each participating agency shall compensate its employees during the time they participate in Task Force operations and shall defray the actual expenses of its employees while so engaged, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in Task Force operations. The privileges and immunities fi.om liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when performing the .employee's duties shat1 apply to the employee to the same degree, manner, and extent while suer employee acts under this Agreement. This provision shall not preclude payment of compensation (including overtime compensation), if allowed, through the use of legally vested Task Force funds, as agreed to by the Parties. FORFEITURE ACTIONS No funds or other property seized by Task Force operations are to be utilized by any Task Force agency prior to successful forfeiture or, if no forfeiture is pursued, until title or interest in the property otherwise vests in one or more Task Force agencies by operation of law. Forfeiture actions based upon seizures made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The Parties agree that the local Sheriffs offices', which are signatories to this Agreement, by and through their attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court when a seizure occurs in that particular Sheriff's jurisdiction. The Partie~ agree that FDLE, through it's attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions when a seizure occurs outside of the jurisdiction of any of the signatory parties to this Agreement, but within the State of Florida, on behalf of all parties in state court. However, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on Distribution of the proceeds from successful forfeiture actions shall be equitable among this Agreement and shall take into account their relative roles in support of the efforts of the Task Force unless an alternate distribution allocauon among the Parties has been agread to. Any Party to this Agreement may request copies of forfeiture complaints and pleadings filed by reason of Task Force seizures and such copies shall be promptly provided to the requester. All decisions regarding forfeiture proceedings shall remain with the agency (county or state), depending on which agency would be filing for forfeiture if an action is instituted. However, if any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force agency(les) in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. RECORDS AND REPORTS The Parties to this Agreement agree that all Task Force reports will be maintained by BSO and/or FDLE, utilizing case numbers which identify all reports as LEACH Task Force case investigations. All case reports will also be maintained by the lead investigating agency for each individual case. OJJDP INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM GUIDELINES TM Parties to this Agreement acknowledge that they have received and reviewed the attached Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task Force Program Guidelines. The guidelines were promulgated for use in connection with funds dispensed by the Broward Sheriff's Office (BSO) under the 1998 federal OJJDP Internet Crimes Against Children Grant awarded to BSO. The guidelines specify how Task Force investigations may be conducted, and include provisions, on Case Management, Workspace and Equipment, Case Predication and Prioritization, Recordkeeping, Undercover Investigations, Evidence Procedures, Information Sharing, Supervision, Selection of ICAC Personnel, Prevention and Education Activities, Media Releases, and the ICAC Task Force Review Board. The guidelines are specifically incorporated herein by reference and are attached hereto, and by entering this Agreement, the Parties agree to abide by all covenants, restrictions, limitations, and guidelines contained therein and conduct all investigation in accordance thereto. Failure to abide by said guidelines will result in the removal of said Task .Force member by the Task Force LEACH committee members and/or the participating agency from the LEACH Task Force. In the event that a Task Force member's employing agency's own rules, protocols, procedures or guidelines are discovered to be in conflict with, and are more restrictive in application than the OJJDP ICAC Task Force Program Guidelines; that Task Force member shall immediately notify the Task Force supervisor and that Task Force agency shall not be required to aid or assist in the investigation. In no event will a Task Force member be expected or required to violate or' exceed or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. In accordance with the OJJ'DP ICAC grant disbursed to the LEACH Task Force through the Broward Sheriff's Office, the OJJDP may order a review and audit of Task Force operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. INTERPLAY V~ tTH STATE AND FEDERAL AU't rIORITIES The Parties to this Agreement recognize that the United States Department of Justice and the United States Customs Service have requested that the efforts of the Task Force be closely coordinated with federal authorities having interests in child pornography investigations and child exploitation investigations involving the use of computers ~md the Interact. The Parties to this Agreement further recognize that investigations of this nature may involve violations of law in other state 3'urisdictions. In the event that a Task Force member determines that the investigation involves the jurisdictional territory of another state, he/she shall immediately notify the Task FOrce supervisor. The police authority in the sister state and the Child Pornography Pointer System (CPPS) that is maintained by the Federal Bureau of Investigation's Innocent Images Task Force shall then be notified in accordance with OJIDP ICAC policy guidelines and apprised of the facts of the investigation. -COMPLAINTS AGAINST TASK FORCE MEMBERS Whenever a complaint has been lodged as a result of Task Force efforts, the Task Force supervisor shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Task Force participant(s) accused and the employing Agency(ies) of the participant(s) accused. The Task Force supervisor will promptly provide to each affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify all Task Force Advisory Board members of its findings and any actions taken. OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE The principal .goal of this Task Force is the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the .efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated eases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The .Task Force supervisors shall monitor the efforts of Task Force members in support of criminal prosecutions, civil actions, administrative actions and forfeiture eases. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. COPY TO EACH PARTICIPATING TASK FORCE MEMBER When this Agreement is fully executed, a copy shall be provided to each Task Force member so that each member may be fully aware of the powers, limitations, and expectations applicable to Task Force members and operations. TERM OF AGREEMENT,, This Agreement shall be effective as to the executing Parties upon execution by the Florida Department of Law Enforcement and the Broward Sheriff'~s Office and at least one other participating Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. This Agreement shall remain in full force as to all participating Parties until January. I, 2001 unless otherwise terminated as provided herein. This Agreement may be terminated upon the consent of all participating Parties. Any Party may withdraw its individual participation upon notification to all participating Parties. This Agreement may be extended on a year-by year basis, subject to the continuation of all terms and limitations expressed herein, by the execution by participating Parties of written notification of extension of agreement. IN WITNESS WHEREOF, the Parties hereto sign on the date specified. For the Florida Department of Law Enforcement Kenneth~2. Jenne, II, Sheriff,~/ ~ Date: For the City of Miami Police Department Approved as to fo.rm and legal sufficiency subject'to execution by the parties: BY: ~1 Counsel Date: William E. O'Brien, Chief of Police ADDENDUM TO THE LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING THIS ADDENDUM to the agreement by a_nd 1~gtween th,e below listed law enforcement agencies is made and entered into this 2.~"~day of ~t'~ _ 2001. WlTNESSETH: WHEREAS, the below listed law enforcement agencies have entered into a Memorandum of Understanding and have joined together in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the Broward Sheriff's Office continues to be the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to further the multi-agency task force's purposes; and WHEREAS, the parties are desirous of extending the Agreement through July 1, 2002. THEREFORE, in consideration of the mutual terms and conditions herein, the below- listed law enforcement agencies agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. The term of this Agreement is extended through July 1, 2002. 3. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties execute this Addendum on the date(s) set forth below: KENNETH C. JENNE, II Date: Approved as to form and legal sufficiency subject to execution by the parties: Date:~ Alabama Bureau of Investigation Phoenix Police Department Sacramento County Sheriff's Office San Diego Police Department Colorado Springs Police Department Connecticut State Police Broward County (FL)Sheriff's Office Hawaii Dept. of the Attorney General Illinois St-te Police Wichita Police Department Maryland State Police Mass. Dept. of Public Safety Michigan State Police St. Paul Police Department Police Las Vegas Metropolitan Police Dept. Portsmouth (NH) Police Department : Police North Carolina Bureau of Investigation Cuyahoga County (OH') Prosecutor's Office Oklahoma State Bureau of Investigation Delaware County (PA) Criminal Investigation Division South carolina Office of the Attorney General Knoxville Police Department Dallas Police Department Utah Office of the Attorney General Bedford County 0/A) Sheriff's Office Seattle Police Department Wisconsin Department of Justice Wyoming Division of Criminal Investigation and Delinquency Prevention T ~,~' Office of Justice Prc~-arrts · U.S. Department of Justice ICAC TASK FO R. CE PROGRAM STANDARDS OJJDP ICAC Task Force Program In September 1998, with ten awards to State and local law enforcement agencies across the nation, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. DO J, began a national program to counter the emerging threat of offenders using the Intemet or other online technology to Sexually exploit children. Designed to encourage communities to adopt a multidisciplinary, multijurisdictional response to online enticement and child pornography cases, the Intemet Crimes Against Children (ICAC) Task Force Program ensures that participating State and local law enforcement agencies can acquire the necessary knowledge, equipment, and interdict, o~ ' ICAC offenses and par.ents, n issues. Pol ICAC Task Force Units Alabama Bureau of Investigation Phoenix Police Department Sacramento County Shedffs Office San Diego Police Department Colorado Springs Police Department Connecticut State Police Broward County (FL) Sheriff's Office Hawaii Dept. of the Attorney General Illinois State Police Wichita Police Department Maryland State Police Mass. Dept. of Public Safety Michigan State Police St. Paul Police Department Nebraska State Police Las Vegas Metropolitan Police Dept. Portsmouth (NH) Police De0artment New York State Police Ina~t OJ.,rDP lC, AC Task Force Standan~ February, 2o01 cases ' :all of and North Carolina Bureau of Investigation Cuyahoga County (OH) Prosecutor's Office Oklahoma State Bureau of Investigation Delaware County (PA) Criminal Investigation Division South Carolina Office of the Attorney General Knoxville Police Department Dallas Police Department Utah Office of the Attorney General Bedford County (VA) Sheriff's Office Seattle Police Department Wisconsin Department of Justice Wyoming Division of Criminal ln,~estigation Page interagency communication. Much easier said than done, multiagency collaboration, in Cyberspace raises new issues of communication, standardization, and collaboration. Federal, State, and local law enforcement organizations have legitimate indeed understandable concern about initiating cases on information that may have been gathered through inappropriate conduct or investigative techniques by officers of another agenc3~. To answer these concerns, OJJDP's ICAC Task Force Program is administered through a shared management system that melds a national perspective with the local values of participating communities. The Program is administered through the ICAC Task Force Review Board that is comprised of law enforcement managers and prosecutors from participating agencies. While primarily responsible for reviewing undercover operations for compliance with the ICAC Task Force standards, the Board plays a critical role in assessing the needs of the field and for formulating policy for the national program. OJJDP and the Board have established operational and investigative standards for the Program through a collaborative process with the ten original ICAC Task Force agencies and the FBI, U.S. Customs Service, U.S. Postal Inspection Service, Child Exploitation and Obscenity Section, and the National Center for Missing and Exploited Children. These standards were designed to foster information sharing, coordinate investigations, avoid redundant or disruption of ongoing investigations, ensure the probative quality of undercover operations, and facilitate interageney case referrals through the standardization of investigative practices. It is OJJDP's belief that collaborative undercover operations, when properly executed and documented according to the ICAC Task Force Program standards, will collect virtually unassailable evidence, and, most important, allow law enforcement to bring a case before a susPect can viQl;imize a child. These Standards represent minimal standards for participation in this Program. OJJDP encourages law enforcement agencies to view these Standards only as a floor- not a ceiling - as they develop policies and procedures to respond to online enticement and child pornography cases in their communities. Except as otherwise provided by these Standards, existing participating law enforcement agency policies and procedures applicable to criminal investigations, including supervision, recordkeeping, and evidence handling procedures, shall apply to all cases developed by ICAC Task Forces. The standards of the Commission on Accreditation for Law Enforcement Agencies are a helpful reference. OJJ'DP lC. AC Task Fowe Standards February, ICAC Task Force Program . Operational and Investigative Standards DEFINTIONS As used herein, the following definition shall apply: "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention Program Manager. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the United States Attomey's Office, of the Department of Justice. "ICAC" is the Interact Crimes Against Children program composed of the grantee agencies, both regional task forces and satellite task forces selected by OJJDP and NCNfEC. "GRANTEE" is an agency that is recipient of an ICAC grant from OJJDP. "REGIONAL TASK FORCE" is defined as one of the thirty (30) ICAC law enforcement agencies that were selected to receive an OJJDP ICAC task force grant award prior to June 2000 and has voting rights on the ICAC Task Force Review Board. "SATELLITE TASK FORCE" is defined as one of the law enforcement agencies that were selected to receive an OJJ'DP grant to establish a satellite task force. The satellite task force has no voting rights on the ICAC Task Force Review Board. For the purposes of this program, crime is defined as any offense that involves the sexual exploitation of children facilitated by computer or online technology. Investigative interest is established when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a crime. A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive inVestigation invOlves the investigation and prosecution of a knov, m target(S) and where the need to proce~ with the investigation is urgent. . OJIDP ICAC Ttnk Force Standards Fcbl'~, 2001 P~¢3 A-4 o Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individua. 1 or organization is involved in a definable criminal activity. An investigation is deemed to be urgent when there is a reasonable belief that the target presents an imminent threat to the well being of potential victims. Case Management Works_pace and Equipment ICAC Task Force computers and software shall be reserved for the exclusive use by agency designated ICAC Task Force personnel. When possible, undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and ali sol. are shall be properly acquired and licensed. Absent exigent or unforeseen circumstances, all ICAC online investigations shall be conducted in government workspace as designated by the agency. Exceptions must be approved in writing by a Task Force supervisor. Case Predication and Prioritizati0n Cases may be initiated by referrals from the CyberTipline, Irttemet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, Public complaints, or by any other source acceptable under agency policies. ICAC Task Force supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics..The following pdoritization scale was established by the ICAC Task Forces: a) A child is at immediate risk of victimization b) A child is vulnerable to victimization by a known offender c) A known suspect is aggressively soliciting a child(ren) d) Traders of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography traders who either are commercial distributors, repeat offenders, or specialize in sadistic images f) Traders and solicitors involved in high-volume trafficking or belong to an organized child pornography ting that operates as a criminal conspiracy g) Traders in previously known images ' h) Traders in digitally altered images OJJDP ICAC Task Force Stand~'ds Fcbrl. t~. 2001 Page 4 De Record Keeping ICAC Task Force units shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC offense and subsequent reports related to the case filed under that identifier. Additionally, participating agencies will report program accomplishments using the ICAC Task Force Monthly Performance Measures Report. This report is due to OJJDP on the 10th of every month and does not replace the semi-annual progress report required by the Office of Justice Program's Financial Guide. Undercover Investigations Carefully managed undercover operations conducted by well-mined officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and ethical considerations because of concern that inappropriate government conduct may induce an otherwise innocent citizen into committing a crime. All OJJDP-supported ICAC investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. See, for example, Jacobson v. U.S., 503 U.S. 540 (1992); U.S.v. Archer, 486 F.2d (2"a Cir. 1973). Officers should always be aware that their actions, in addition to those of the offender, might be at issue in deciding if charges are brought, whether referrals to other law enforcement agencies are acted upon, and in determining the guilt or innocence of the offender at trial. Therefore, it is critical that ICAC Task Forces work closely with local prosecutors when investigating ICAC offenses. OJJDP ICAC Task Forc~ Standards February, 2oo~ Page $ A..,6 Accordingly' the following minimum standards apply to OJJDP-suppOrted ICAC investigations: . a) Only sworn, On-duty ICAC Task Force personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to · seek out investigative targets, nor shall they be authorized to act as police agents in an online undercover capacity. , b) ICAC Task Force personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no human images shall be uploaded, transmitted, or forwarded by ICAC Task Force personnel. d) Other than authorized above, images considered for uploading shall be approved by an ICAC Task Force. supervisor and reviewed by a local prosecutor. Images uploaded for investigative purposes shall be nonhuman and encrypted/corrupted. Sexually suggestive titles shall not be used. e) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deq, iations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC Task Force supervisor. The storage, security, and destruction of investigative information shall be consistent with agency policy. At a minimum, information should be maintained in locked cabinets and under the control oflCAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that qualified personnel conduct forensic examinations of computers and related evidence. II. InformatiOn Sharing COnVentional boundaries are virtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distance lose their relevance. These factors ' 'increase the possibility of IcAc Task Forces targeting one another, investigating the O. JJDP lC. AC T~sk Fo~ Smgl~rds February, 20o~ P~go 6 A-7 o o same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and coaxmunication, OJJDP requires that each ICAC Task Force contribute basic case information to a common database. The ICAC Task Force Information Sharing Working Group proposed an information sharing system that was approved by representatives from each of the Task Forces. The OJJDP Task Force Review Board reviewed, modified, and adopted the following information sharing system and procedures. ~ Each Task Force shall contribute basic and case update information on all cases (local, interstate, reactive and proactive) to the Child Pornography Pointer System (CPPS), maintained by the FBI Innocent Images Task Force. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation f) Offender screen name(s) g) Identifiers (URL, FTP, newsgroup, IPAddress) h) True name of suspect (if known) i) Other suspect information (if known) Undercover officer screen name(s) J) update information shall include, but is not limited to: Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Date investigation initiated f) Identity of subject(s), including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, search warrant, conviction, etc.) h) Sentencing information (when available) Each ICAC Task Force shall designate a primary and secondary staff contact for the CPPS. Contact will be made by telephone and/or the information can be forwarded to CPPS using the data form. CPPS staffwill verify each caller's identity through a remm telephone call to the Task Force. Once dial-up access capability is achieved, ICAC Task Forces shall use a stand-alone computer to access CPPS. OSJDP ICAC Tssk Force Standards February, 2001 Page 7 Prior to opening an active investigation, each ICAC Task Force shall query CPPS once they have established an investigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of activities that is likely to lead to the sexual exploitation of a child. Assuming no other active investigations are discovered and that reasonable sttspicion is present to initiate an investigation, the agency will submit case information to CPPS, including an indication that there is no known related investigation underway. Each Task Force should submit this information within 24 hours of initiating the case or as soon thereafter as possible. If any duplication is found, the initiating Task Force is responsible for contacting the other law enforcement agency. CPPS personnel are not responsible for notifying the parties of duplication beyond alerting the initiating Task Force to the potential conflict. Additionally, initiating ICAC Task Forces should also consider contacting the U.S. Customs Cyber Smuggling Center (703/293-8005) to ensure there is no duplication with regard to their ongoing investigations. Similarly, once an offender has been identified and associated with a known address, contact should be made with the U.S. Postal Inspector responsible for child sexual exploitation offenses where the offender resides. III. o Supervision Existing agency supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover investigators. Written directives should reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigative reports; b) periodic review of undercover session recordings; c) direct participation in formulating ICAC Task Force investigative plans and establishing investigative priorities; d) development of work schedules, including approval of specific overtime expenditures; e) assessment of equipment and training needs; and f) review and approval of any ICAC Task Force fiscal matters. OJJDP lC, AC Task For~c Standards February, 2001 Page 8 A-9 IV. 1. Selection of ICAC Task For~e Personnel While existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children. '~ Once assigned, agencies should ensure that ICAC Task Force investigators are computer literate, knowledgeable regarding child exploitation issues, and familiar with Federal and State statutory and case law pertaining to ICAC investigations. Ve Prevention and Education Activities Prevention education activities are a critical component of the OJJDP ICAC Task Force Program. OJJDP encourages ICAC Task Forces lead prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned'about child safety issues. Presentations to school staff, parents, and community groups are excellent ways to promote awareness. However, these presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss investigative techniques. OJJDP also encourages ICAC Task Forces to contact the Exploited Child Unit of the National Center for Missing and Exploited Children ('NCMEC) at 800/843-5678 or exploited~ncmec, org for information on developing and delivering awareness and safety education programs. Vim Media Relations and Releases Copies of media releases related to this initiative should be forwarded to the OJJDP ICAC Program Manager. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circulated within the Review Board. Media releases relating to prosecutions, crime alerts or other matters concerning ICAC Task Force operations shall not include information regarding specific investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in' the investigation consistent with sound information management and media relations practices. In each case, copies should be provided to OJJDP in a timely manner. Specific OSJ'DP ICAC Ta~k Fo~oe Smmdatds February, 2001 A-10 VII. 1. investigative techniques shall not be discussed in media releases. ICAC Task Force Review Board There shall be an ICAC Task Force Review Board (Board) composed of one law enforcement executive or prosecutor from each Task Force. The Board's primary responsibility will be to review proposed undercover operations for compliance with these Standards. Additional Board responsibilities are to formulate policy ,~ recommendations, encourage case coordination, and facilitate information sharing on trends, investigative techniques, and prosecution strategies. The Child Exploitation and Obscenity Section of the U.S. Department of Justice will serve as the Board's legal advisor. The FBI, U.S. Customs Service, U.S. Postal Inspection Service, and NCMEC will provide technical advice. Each regional Task Force shall designate a representative and an alternate to the Board. The individual Task Force may change named parties with notice. The Board shall meet quarterly, at such times and locations as designated by OJJDP. Board members shall elect a Chair and Vice Chair who shall conduct Board meetings and coordinate Board activities with OJJDP. OJJDP will be responsible for logistical arrangements relative to agendas and meetings. Effective with the issuance of this policy statement, Task Forces shall operate all undercover operations, ongoing or new, in accordance with the policies and procedures described in this document. Each Task Force shall submit a brief report to the Board that lists all current undercover operations. Regional and satellite Task Forces shall submit all proposed proactive undercover operations to the Board for review. To be eligible for Board review, proposals shall be submitted to OJJDP at least 21 days in advance of the meeting, and be signed by the Project Director and State or County prosecutor indicating prosecutorial support and that the proposed activities comply with existing State law. Proposals should be submitted using the following format and include the following information: a) goals and objectives of the undercover operation; b) personnel assigned and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for investigation; e) investigative targets and limitations on government contact; f) undercover operation scenario and teclmiques (lang~J~ge for contact letters and advertisements must be included with proposal); and g) liaison and/or case referral procedures with Federal law enforcement agencies (include the names of Federal agents when known). OJJDP IC, AC T~sk Forc~ Stand.Is February, 2o01 P~g¢ 10 A-II e 10. Support or nonsupport for propo,sed investigations shall be determined by a simple majority of Board members. Board members may not vote on proposals from their agency. Following due consideration at a meeting of the Board, the Chair shall recommend to OJJDP approval of those investigative proposals that are consistent with the prin~ples of this program, and which are both feasible and worthy of support. The Board, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the approval or disapproval of investigative proposals from satellite task forces will be communicated to the satellite task force representatives by the Board Chair. A Task Force may apply for provisional approval directly to CEOS/OJJDP when the circumstances are not urgent, but there is a timely need to proceed before the next Board meeting. If the proposal is provisionally approved the requesting Task Force remains responsible for forwarding a complete proposal to the next meeting of the Board. Board recommendations for an investigation are subject to approval by OJJDP. Decisions by OJJDP shall be final. Definitions: Inquiries regarding interpretation of this policy or any other matters regarding the ICAC Task Force Program may be directed to Michael Medaris, Senior Program Manager, Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice at (202) 616-8937 or by email medarism~oj p.usdoj.gov. OJJDP ICAC Task Force Sta~.dard~ February, 2oo! Page IEffective Date: Subject 3/08/02 Definitions I Page 1 of 1 As used herein, the following definition shall apply: "OJ3'DP" is the Office of Juvenile Justice and Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the United States Attorney's Office, of the Department of Justice. "ICAC" is the Internet Crimes Against Children program composed of Regional Task Forces and Satellites. "REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency designated by oJJDp to adt ks a Regional Task Force. "SATELLITE" is defmed as a law enforcement agency that was selected to receive an OJJDP grant to establish a satellite program. For the purposes of this program, crime is defined as any offense that involves the exploitation of children facilitated by technology. Investigative interest is established when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a crime. A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation of a complaint of a crime. Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individual or organization is involved in a definable criminal activity. Effective Date: 3/08/02 I lC. AC Program Operational and Investigative Standards ISubject: Workspace and Equipment Page 1 of 1 Case Management Workspace and Equipment ICAC computers and software shall be reserved for the exclusive use by agency designated ICAC personnel. When possible, undercover computers, soft-ware, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. ICAC personnel shall not use ICAC computers, software or online accounts for personal use. o Absent exigent or unforeseen circumstances, all ICAC online investigations shall be conducted in government workspace as designated by the agency. Exceptions must be approved in advance by an ICAC supervisor. ,, IC.4 C Program Operational and Investigative Standards -2- tEffective Date: 3/08/02 Subject: Case Predication and Prioritization Case Management I Page 1 of 1 B. Case Predication and Prioritization Cases may be initiated by referrals from the CyberTipline, Intemet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. o ICAC supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale shall be considered: a) A c~ild is at immediate risk of victimization b) A child is vulnerable to victimization by a known offender c) A known suspect is aggressively soliciting a child(ren) d) Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children e) Aggressive, high-volume child pornography manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images f) Manufacturers, distributors and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy g) Distributors, solicitors and possessors of images of child pornography h) Any other form of child victimization. ICAC Program Operational and Investigative Standards -3- Effective Date: 3/08/02 Subject: Record lSeepin$ Case Management t Page 1 of 1 C. Record Keeping ICAC units shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. o Participating agencies will report program accomplishments using the ICAC Monthly Performance Measures Report. This report is due to the ICAC Coordinator on the 10~ of every month and does not replace the semi-annual progress report required by the Office of Justice Program's Financial Guide. IC~l C Program Operational and Investigative Standards -4- Effective Date: 3/08/02 Subject: I Underco.ver Investigations CaSe Management I Page 1 of 1 Undercover Investigations 1. Carefully managed undercover operations conducted by well-trained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to exploit children. Investigators will be supplied with appropriate training and receive a copy of the ICAC Operational and Investigative Standards ICAC investigati.ons shall be conducted in a manner consistent with the principles of law.bud due process. See, for example, Jacobson v. U.S., 503 U.S. 540 (1992); U.S.v. Archer, 486 F.2d (2n'~ Cir. 1973); U.S.v. Gamache 156 F. 3d 1 (1a Cir. ~998); U.S.v. Poehlman 217 F. 3d 692 (9'~ Cir. 2000). ICAC investigators are encouraged to work in conjunction with their local prosecutors. 4. The following minimum standards apply to ICAC investigations: a) Only sworn, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets, nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC personnel shall not, electronically upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no actual human images shall be uploaded, transmitted, or forwarded by ICAC personnel. d) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. e) Undercover online activity shall be recorded and documented. Any departures from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. Effective Date: 3/08/02 Subject: I Evidence Procedures Page 1 of 1 IC,4 C Program Operational and Investigative Standards -5- Case Ma!!agement Evidence Procedures The storage, security, and destruction of investigative information shall be consistent with agency p(~licy Access to these files should be restricted to authorized personnel. ICAC supervisors should ensure that qualified personnel conduct forensic examinations of computers and related evidence. a. Child pornography is contraband and should be maintained pursuant to each agency's policies regarding such. Absent a court order specifically ordering otherwise, evidence containing child pornography shall not be released to any defendant or representative thereof. b. When providing evidence containing child pornography to another law enforc/'ement agency, such evidence must be hand-delivered, digitally protected or sent via a delivery service which tracks the shipment. 1Cd C Program Operational and Inveatigative Standards Effective Date: 3/08/02 Subject: Page 1 of 1 Information Sharing Conventional boundaries are virtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility oflCAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, each ICAC agency must contribute basic case information to a common database. Each ICAC agency shall contribute case information on all active investigations (local, interstate, reactive and proactive) to a common database as designated by the ICAC Board of Directors. This information should be submitted at the earliest practical opportunity. If any common target is identified, the initiating ICAC agency is responsible for contacting the ottfer law enforcement agency targeting the suspect. Initiating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in similar investigations. IC~4 C Program Operational and Investigative Standards '7- IEffective Date: 3~08~02 Subject: Page lof 1 Supervision Each ICAC agency shall have supervisory systems and procedures, which shall provide for observation, documentation, and periodic review of ICAC activity. Such system should comply with the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Standards. ICAC agencies may submit any proposed operations to the Board for review. To assist the Board in its review, the proposals shall be submitted to the Board Coordinator at least 21 days in advance of the next regularly scheduled meeting. Proposals should be submitted using the following format and .include the following information: a) goals and objectives of the operation; b) personnel assigned and/or responsible for investigation; c) duration of operation, i.e., projected start and stop dates; d) offenses targeted for.investigation; e) investigative targets and limitation on government contact; f) operation scenario: and techniques (language for contact letters and advertisements must be included with proposal); g) liaison and/or with Federal law enforcement agencies agents when known) and; h) other relevant information The Board, at its discretion, may suggest amendments to the original proposal following consultation with the presenting agency. Notice of the results of the review of investigative proposals from satellites will be communicated to the satellite representatives by the Board Chair. 4. The ICAC submitting the proposal for review may seek the support of the Board. ICH C Program Operational and Investigative Standards -8- lEffective Date: 3/08/02 Subject: Page I of 1 Selection of ICAC Task Force Personnel Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children. ICA C Program OperatiOnal and InVestigative Standards Subject: I I Page 1 of I Media Relations and Releases Media releases relating to proseCutions, crime alerts or other matters concerning ICAC operations' shall not include information regarding confidential investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. ICA C Program Operational and InvestigatiVe Standards -11- LAW ENFORCEMENT AGAINST CHILD HARM (LEACH) OPERATIONAL TASK FORCE MEMORANDUM OF. UNDERSTANDING FOR THE CITY OF BOYNTON BEACH GERALD BROENING, MAYOR Date: Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16. 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vl 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 CiO Commission Meefine Dam~ [] 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.) 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: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda. The Commumty Redevelopment Agency Board with a unanimous vote, recommended 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 02-103. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Richardson Duplex (ZNCV 02-006) Burl Gentry Robert Richardson Hathaway Park, Block "E", Lot 19 Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot frontage of 75 feet for a duplex home within the C-3 zoning district, to allow for a variance of 15 feet, and a lot frontage of 60 feet; and Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3. requiring a minimum lot area of 9,000 square feet for a duplex home within the C-3 zoning district, to allow for a variance of 1,800 square feet. and a lot area of 7,200 square feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: · N/A Devel61fm~r[t D[partment Director I Ci~t4q Manager s Signature Planning and Zonin~ Director City Attorney Finance / Human Resources J:\SHRDATA~Planning~SHARED\WPXPROJECTS~ichards°n DuplexXAgenda Item Request Richardson Duplex ZNCV 02-006.dot S:~BULLETIN~FORMS~kGENDA ITEM REQUEST FORM.DOC Meeting Date: File No: Location: Owner: Project: Variance Request: DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #02-103 Staff Report Community Redevelopment Agency Board and City Commission June 11, 2002 ZNCV 02-006 - Lot area and lot frontage. Hathaway Park, Block "E", Lot 19. Robert Richardson Richardson Duplex on a parcel zoned C-3. Request for relief from Chapter 2, Zoning, Section 6, C. 3. requiring a minimum lot frontage of 75 feet, to allow for a variance of 15 feet, and lot frontage of 60 feet; and requiring a minimum lot area of 9,000 square feet, to allow for a variance of 1,800 square feet, and a lot area of 7,200 square foot for a duplex on a parcel zoned C-3. BACKGROUND The subject property consists of a single lot located at 306 SE 10th Avenue and is currently zoned C-3, Community Commercial zoning district (see Exhibit 'W'-location map). The land use designation of the property is Local Retail Commercial. It should be noted that C-3 regulations along with the Local Retail Commercial land use designation do not permit single- family residences. The Hathaway Park Subdivision was platted in 1925 with typical lot frontages varying between 50 feet to 60 feet with lot area varying between 4,500 to 7,500 square feet (see Exhibit "B" -Hathaway Park Subdivision Plat). City records show that the property was rezoned from R-2 to C-3 in 1975; however, it was originally improved with a single-family home. Staff cannot confirm the previous zoning of the property prior to the 1975 rezoning. The applicant's intention is to use the subject property as a duplex, which is a permitted use in the C-3 zoning district. Relief is requested from the City code to allow a single-family dwelling to be used as duplex on a substandard lot within the C-3 zoning district (see Exhibit "C" - Survey and Site Plan). The following is a description of the zoning districts and land uses of surrounding properties: North: Commercial property with a land use designation of Local Retail Commercial, zoned C-3; South: SE 10th Avenue right-of-way, and a vacant parcel with a land use designation of Medium density Residential, zoned R-2; East: Single-family and duplex dwellings with a land use designation of Medium density Residential, zoned R-2; and West: A warehouse building with a land use designation of Local Retail Commercial, zoned Page 2 Richardson Duplex File No. ZNCV 02-006 C-3, and farther west the FEC Railway right-of-way. Staff surveyed the area and it was observed that single-family and two-family dwellings surround the subject property with the exception of the property abutting the north and west property lines of the subject site. ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not appficable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district, d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "D". Staff concurs with the applicant's response to criteria "b' above that there exists special conditions peculiar to the subject parcel, namely lot area and frontage. Staff acknowledges that the City has likely caused the non-conformity by virtue of the previous rezoning action, therefore satisfying criterion "b" above. Furthermore, regardless of what use is ever proposed for the subject property, within the scope of the allowable uses of the C-3 zoning district, the subject variance would be required, unless assembled with adjacent properties, as the minimum variance needed to make possible the reasonable use of the land. It should be noted that if this site were to be converted into a commercial use, additional investment would be necessary in order to satisfy the new code requirements applicable to commercial properties and necessary to bring the site up current code. With respect to the other criteria "c" through "f" above, staff realizes, contrary to other properties in the same district, only the subject property had retained its residential character and occupation since the rezoning action of 1975. Staff feels that the applicant has proven hardship. The structure is legally non-conforming by virtue of the City's rezoning action, which now limits the applicant's use option to single-family. Such option (single-family use) is inconsistent with Page 3 Richardson Duplex File No. ZNCV 02-006 the Local Retail Commercial designation of the Comprehensive Plan. However, duplex residences are permitted within the Local Retail Commercial land use designation. The need for the subject variance is the result of the applicant's desires to use the property as a duplex. The applicant states: "the interior of the residence has been used as a duplex for over 30 years". Staff cannot confirm this because no occupational license records exist for this property, nor permit records for interior renovations. With respect to impacts on the area, and satisfying criterion "f" above, due to the similarity between the proposed use (duplex), nearby single and two-family uses, and given the physical conditions of adjacent commercial properties, the impacts upon the abutting parcels, mainly to the east, are mitigate. The subject request would likely generate no negative impacts upon adjacent properties. Staff acknowledges by re-zoning the property in 1975, the City created certain hardships and non-conformities for owners of older platted lots. The applicant, by claiming the existence of the duplex use within the single-family structure is showing a good faith effort to rectify the non- conforming use situation. The existing structure totals approximately 1,520 square feet, allocating 760 square feet for each unit, which is above the minimum living area required by code. The applicant is applying the requirements of a dup ex dwelling (allowed in the C-3 zoning district) to bring the property to current building and site regulations and complying with the City's regulations with respect to allowable uses, which would be using the property and improvements for a use, which requires the least number of/and lowest magnitude of variances and site modifications. CON CLUSIONS/RECOMMEN DATIO N Based on the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condition exits, and that the applicant is making an attempt to bring the subject parcel and use into conformance with current regulations. Furthermore, staff concludes that the approval of this request will conform to the intent of both the City's Comprehensive Plan and the Land Development Regulations. Therefore, staff recommends that the requested variances be approved, thereby granting a frontage of 60 feet and a lot area of 7,200 square feet in lieu of the 75 foot frontage and 9,000 square feet minimum lot area required by code. This recommendation is conditioned upon the property being used as a duplex dwelling. If this property is converted to a commercial use, the applicant should be required to satisfy all requirements pertaining to commercial properties and that criterion "f" is satisfied. This can be monitored through the City's Occupational License and Building Divisions application processes. The applicant should be required to mitigate any negative impacts to adjacent residential properties through proper site design and buffering, and limitations involving sound mitigation and hours of operation. It shoulC be noted that support of the subject variance does not represent support for any work done without the necessary permit. All improvements are subject to the permitting and inspection requirements. This condition and any other condition of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "E"-Conditions of Approval. MDA/ S:\Planning'~HARED\WPtPROJECTS\Ricflardson Duplex\STAFF REPORT 1~ frontage an~ lot area.(~oc Location Map Richardson Duplex EXHIBIT "A" 200 0 200 400 600 Feet EXHIBIT "BI' BOYNTON ' FI ,A. .%RTHIR D. CRANE- O}~NER AND DEVEZOP~P~ DEING A SUSD~y~0N ~F ~ O~T~0N 0F!HZ NOP, T~-~AST l'6 ~Y~. ~ S.~.~8 EXSTLYIN~EAST 0FAND AD~AC~NT~ Tide EAST ~IGi~T 0F Y~AY LINE 0F TM~ N ~. G. P{AIh~AY SCALE: f'-lOO' THE RIDDLE Z 'N PAh~ETT0 ~TR~?,T. LOT 18 Commercial(C-3) [ LOT 3 N SCALE: i" EXHIBIT "C" 1/2" IRF 89 3 5' 90'56'15' Monument ~ ~ LOT 19 '% ~ GARAOE q, 5~.20' LOT 2 ~ 6' Wood Fer 4.09'_ 24.00' ~ 5'x5' Metet ~ ' P~rking UtiLity Shed 20' ~ 24.85' U anopy o LOT 20 o o Existing ~ One Stow CBS d Duplex Residence Choinllnk Finish Floor El. 14.35 LOT 16.00' 12.06' Fence ~ ~ ~ ~ - ~' Chainklinl ~ ~Plonter Fence 4.84 27.1 O' ~ 9' 89'03'45' ~ 9" 20' Parklng~ ~.~'90'56't5 · ,¢S.E. l O(h Ave (50' R/W) C.L.S.E. 2nd Street 20' Asphalt SITE PLAN for DUPLEX RESIDENCE & PARKING AREAS LEGEND: R/W indicates Right-of-way P.P. indicates Power Pole IoR.F. indicates iron rod found I.R.S. indicates iron rod set ~ indicates not. to scale (~) Number of Parking Stalls LEGAL DESCRIPTION: Lot 19, Block "E", Hathaway Park, A Subdivision as Recorded in Plat Book 13, page 17, in the Public Records of Palm Beach County, Florida. GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 Drawing name: C:~Gentry~Prajects~Rob-Richardson\Duplex'~wg Mar 20, 2002 - 2:57pm EXHIBIT "C" LOT 18 Commercial(C-3) I LOT 3 N ....... ;e '~ SCALE: 1" = Conc ~_,,x '-, ~60.00'i × '~"' 1/2" IR ~ ~C'Found 2x: 4.1,3' ~: 89'3'45' -- 90'56'15' .~.~ _ _ / _ ,,, Monument · ' 3I ./-/24'00' 0 .... ,. -g cbs ~ ~X ..... . GARAGE o 51.20' ~ o ' LOT °5 ~o ~ ~ Cone. Drive. 6' Wood Far 4.09' 24.00' ~ 31.91' x~_ / LOT 19 (0.165 20" 5'x5' Metal_.. utility Shed r~) Cone, P tim t O. . I 4.84' o 0 . , . .. _ 24.85 o k,. ',~ o '~ LOT 20 ,~ b " 18.10' E ~o One Story CBS o ~ Residence C3 ~' Finish Floor Et. 14.35 ~ Chainlink LOT Fence k,._ 16.00' 12.06' ~ I 4' Choinklink ~ ~.Conc. l C~:~ped Fence .~.a' 4.84' 27.1 O' ~d ~ i. or.. Cone. Drive ~o4 89~03'45' od ~ ~'%'90'56'15' 6 . ' ~za 60.00' Dset 5/8" CRC Manhole :~)-~-¢¢~8" SS t Conc.~Drive 8 25.00'[8" Sanitary Sewer ) lq \ \ \ \ \ \ \ S E. 10th Ave (SO' · SS- 2nd Street' 20' Asphalt Pavement Z \ ~ Ex. 6" W ~ 6" Waterline Ex. 6" W LEGEND: R/W indicates Right-of-way I.R.S. indicates iron rod set P.P. indicates Power Pole ~ indicates not to scale I.R.F. indicates iron rod found D & M indicates Deed and Measured NOTES: t. Unless it bears the signature and the original raised seal of a Florida Licensed Surveyor and Mapper, this sketch is for informational purposes only and is not valid. LEGAL DESCRIPTION: Lot 19, Block 'E", Hathaway Park, A Subdivision as Recorded in Plat Book 13, page 17, in the Public Records of Palm Beach County, Florida. CERTIFICATION; ' hereby certify this sketch as shown hereon represents a survey made under my direction and to De true and accurate [o the best of my knowledge and belief, subject to easements and right-of-ways of record and meets the minimum technical standards of ~J:Ce 6101/~-6 ~f the FIc~da Administrative Code. ¢SW,soC¢^. ~entm ~.E.-Tt-~. ~'r;'l / GENTRY ENGINEERING & ~,,.Registered Florida Surveyor t/ ~ · ................. o'rfd Mopper No. 2580 LAND ::iul~vl:¥1Nl.~, INu. L.B. No.2322 Date of Survey: Nov 12, 2001 P.O. BOX243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 ~) Copyri<]ht 2002 Drawing name: C:~Gentry\pn3jectsX, Sab-Rich~rdson\SurveymdWg Mar 20, 2002 - 3:08pm Sheet ~ of 2 ZONING CODE VARIANCE APPLICATION: ROBERT RICHARDSON ~ 306 SE 10th AVENUE ) M 5. STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS OR REASONS JUSTIF!NG THE REQUES%ED VARIA~NCE. A. The existing building was built more than 50 years ago, and the interior of the residence has been used as a duplex for over 30 yrs. ( based on witnesses from the local are). THE LOT IS PLATTED WITH THE FRONTAGE A~ND AREA AS REQUESTED FOR APPROVAL. B. The requeste area and frontage and as platted in the plat of Hathaway Park. C. The owner purchased the property as a duplex ( copy of sales ad attached ) and the grand fathered rights would noc be considered as a special privilege. D. The property has been used as a duplex and the current code ( C-3 ) allows for a duplex, but the owner needs the variance to continue the grand-father rights. E. The granting of this variance will allow the owner to continue the grand-father rights and use the property as advertised when he purchased it. F. This variance will allow the owner to continue using the property as in the past and improve the building to meet curren~ building codes to protect the public. EXHIBIT "E" Conditions of Approval Project name: Richardson Duplex File number: ZNCV 02-006 Reference: DEPARTMENTS INCLUDE I REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None ~ X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Should the subject property be converted to a permitted commercial use X · in the C-3 zoning district, the applicant shall be required to satisfy all code Conditions of Approval DEPARTMENTS [ INCLUDE REJECT requirements pertaining to a change in use/occupancy (i.e. proper site design and buffering involving sound mitigation and hours of operations shall be required to mitigate any impacts on adjacent properties etc.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOAKD CONDITIONS Commerits: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex~ZNCV~Condition of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: Richardson Duplex APPLICANT'S AGENT: Burl Gentry APPLICANT'S ADDRESS: P.O. Box 243 Delray Beach, FL. 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 6.C.3. requiring: 1) a minimum lot frontage of 75 feet to allow for a variance of 15 feet and a lot frontage of 60 feet. 2) a minimum lot area of 9,000 square feet to allow for a variance of 1,800 square feet and a lot area of 7,200 square feet. LOCATION OF PROPERTY: 306 S.E. 10tnAvenue, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "C" 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". 4, The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6, All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex\Develop. Order Forrm2002-Revised.doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM E.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.) Apr/13, 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 CiW 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 June 18, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-113. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Grill (ZNCV 02-010) Joe Peterson, Slattery & Associates Restaurant Holdings, Inc. SE Comer of Woolbright Road & Federal Highway at Riverwalk Plaza Request relief from Chapter 2, Zoning, Section 4.J.8, allowing a maximum encroachment of an awning into the rear setback of 2.5 feet, to allow a 7.5 foot variance, and an awning encroachment of ten (10) feet; and Request relief from Chapter 2, Zoning, Section 4.J.8, allowing a maximum encroachment of an awning into the side setback of 2.5 feet, to allow 5°5 foot variance, and an awning encroachment of eight (8) feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devcq~pr~ent D e a~'fl'~ire ctor City Manager's Signature Planning and Zonil~ Director City Attorney / Finance / Human Resources J:kSHRDATAkPlanningkSHARED\WPkPROJECTS\ Agenda Item Request Woolbnght Grill ZNCV 02-010.dot S:kBULLET1NkFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-113 STAFF REPORT FOR COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION June 5, 2002 Meeting Date: June 11, 2002 File No: ZNCV 02-010 - Awnings. Location: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. Agent/ Owner: Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. Project: Woolbright Grill Variance Request: Request relief from the City of Boynton Beach Land Development Regulations Chapter 2- Zoning, Section 4. J. 8: 1. to allow a cantilevered awning on a building wall projecting ten (10) feet in the required twenty (20)-foot rear setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 7.5 feet for a restaurant in a C-3 zoning district; and 2. to allow a cantilevered awning on a building wall projecting eight (8) feet in the required thirty (30)-foot side setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 5.5 feet for a restaurant in a C-3 zoning district. BACKGROUND The site is located on the south side of Woolbright Road between the Riverwalk Plaza and the Intracoastal Waterway. The subject property, totaling 0.69 acres, is currently zoned C-3, Community Commercial district with a Local Retail Commercial land use designation (see Exhibit "A" - Location Map). The property is also subject of an application for new site plan. Restaurant Holdings, Incorporated proposes to construct a two-story 7,829 square foot "High Quality Sit Down restaurant" with 1,033 square feet of out-door seating area for a total of 8,852 square feet. The subject property is comprised of two irregularly-shaped and shallow parcels (Parcel 1-north and Parcel 2-south), which will be combined in order to accommodate the 210- seat restaurant. Parcel I-north has a triangular shape, it is the area where the restaurant will be built and the subject of these variance applications (see Exhibit "B" - Site Plan). These variance applications are for two (2) awnings; one located on the east side and the other on the north side Page 2 Woolbright Grill-Awnings File No. ZNCV 02-010 of the restaurant building. The east awning would be used to cover an outdoor seating area while the north awning would cover an open servicing area for the proposed restaurant. The location of the project presents a unique situation since it is surrounded by a major road, the Riverwalk Shopping Plaza and the Intracoastal Waterway, and dissected by an existing storm water utility line. The following is a description of the land uses and zoning designation of the properties that surround this site: North: Woolbright Road right-of-way; farther north is developed with multi-family apartments (Gulfstream Apartments) with a High Density Residential (HDR) land use designation and zoned Multi-family Residential (R-3); South: Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use designation and zoned Multi-family Residential (R-3); East: Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge Yacht Club) in the Town of Ocean Ridge zoned Medium Density Multi-family Residential (RMM); and West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Page 3 Woolbright Grill-Awnings File No. ZNCV 02-010 That the granting of the vartance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such vartance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above Criteria contained in Exhibit "C". Staff concurs with the applicant's response to criteria "a" above that there exist special conditions peculiar to the subject parcel, namely location of the lot and site constraints. Staff acknowledges the unique "enclosed" characteristics of the parcel. The site configuration does not leave sufficient room to design a building offering both, an acceptable footprint with an adequate floor plan (to be economically feasible) and to minimize the need of a variance. Furthermore, an existing storm water utility line that dissects the property is proposed to be relocated, and the building shifted southward. The existence of the utility line, and the configuration of the tot prevent full use of the subject parcel. Staff also acknowledges the existence of a bridge ramp abutting the north property line of the subject parcel that separates the parcel from the adjacent multi-family residences to the north. The ramp combined with Woolbright Road right-of-way measures approximately 125 feet in width. With respect to the other criteria "e" above, which relates to the magnitude and necessity of the variance. The subject property has a "triangular" configuration. The east and west property lines run south (along the rear of the Winn Dixie Supermarket) to form the edge of the triangular- shaped parcel. The building is designed to maximize the front (west) and rear (east) setbacks, both measuring twenty (20) feet. The side yard of this property located along the north property line abuts Wootbright Road and the bridge ramp. Furthermore, approximately 12 feet of the eastern portion of the subject property is within the lntracoastal Waterway resulting in a very shallow width. The applicant's proposal includes an open service area (measuring 15 feet by 36 feet) along the north property line abutting the bridge ramp. The ramp combined with the Woolbright Road right-of-way measures approximately 125 feet in width. The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.J.2 requires a 30 foot side setback for buildings located on properties zoned commercial and which abut residential districts, and Section 5. J. 2. limits the encroachment of awnings into the building setback to no more than 2.5 feet. These site limitations along with code requirements represents special conditions and circumstances that limit the typical design flexibility allowed under normal circumstances. These constraints and circumstances also dictate the design of the structure on this irregular-shaped and shallow lot by placing the building at the deepest and northernmost point of the lot which ensures compliance with front and rear setbacks but minimizes design alternatives and full use of the parcel. Options for meeting the overhang limitation for both awnings with the least design impacts appears to be limited to reducing the size of both the east and north awnings to the 2.5 feet overhang required by code, or by reducing building size accordingly. The proposed awnings will be made out of canvas with a Hunter Green color. The proposed north awning over the service area, will provide a visual screening from the line of sight of vehicles traveling on the Page 4 Wootbright Grill-Awnings File No. ZNCV 02-010 Woolbright Road bridge, while the east awning is to provide shade and protection from the elements for the outdoor seating area. With respect to impacts on the area, and criterion "f" above, the project is separated from nearby properties by significant distances and barriers (e.g. the Intracoastal Waterwav and Woolbright Road bridge ramp), and there is not a streetscape with a continuous and consistent building setback pattern against which the proposed setback deviation would conflict. Staff concurs that the proposed awnings will not impede on any views nor jeopardize the safety of the public. Therefore, the impacts upon abutting properties are immeasurable. CONCLUSIONS/RECOMMENDATION In the absence of special hardship criteria used for reviewing simple building appurtenances such as awnings, the general and traditional criteria has been used herein. Staff generally concludes that based on the same lot constraints and features that have justified the variance request for the accompanying building setback, variances for the awnings are also justified. Staff also concludes that the proposed awnings would have no negative impacts upon adjacent properties, would not protrude beyond any other improvement allowed within the setback (i.e. outdoor deck and fenced storage area), and would serve more than a cosmetic purpose. Placement of these awnings in the proposed locations will not impede views nor create any other adverse impacts upon adjacent property. Therefore, staff recommends that this request for relief from Chapter 2. Zoning, Section 4.J.8, to allow two awnings to extend farther into the building setback than the maximum allowed by code-2.~5 feet~be approved. Any conditions of approval recommended by the Board or City Commission will be placed in Exhibit "D"- Conditions of Approval. MDA/MR S 5pfanning~SFLa. ILED\WP\PRO.fECTS\Wootbrigttt GrillXZNCV'x 02-010 LST,a, FF REPORT Awning~.doc PU~ Location IVlap Woolbright Grill EXHIBIT "A" tXORA-WA'I ,) -B 400 0 - Boundary_ 400 Feet WOOLBRIGHT GRILLE 8OYNTQN BEACH. FL 33435 C~"Y ,OF: ~OYNTON BE, ACH, FT.ORt0A t i i t~ :i G EXHIBIT "Ci' ,'"T'" EAST AWNING 5: A. ~ PHYSICAL CONFIGURATION OF THE PROPERTY ON WHICH THIS RESTAUKAKr IS LOCAT'r.D I$ VERY UNUSUAL IN NATURE. IT TAPERS F'ROM NORTH TO SOUTH VERY QUICKLY, CREATING A %~RY SHALLOW EAST TO WEST DIMENSION. THE DESIGN OF A BUILDING ON THIS SITE ALLOWS FOR NO ADDITIONAL ROOM FOR A STRUCURAL CANOPY. B. AS STATED ABOVE, THE SHALLOWNESS OF THE SITE DOES NOT ALLO~N ROOM FOR ADDITIONAL $TP. UCTDqt.E, THER.EFOKE, Tt~iE ADDITION OF A CANTILEVERED AWNINQ CREATED A SOLUTION NOT REQUIRING ANY STP. UCTURAL ELEMENTS VdlTI-tIN THE St~TBACK. C, THIE GJ~N"FJ~G OF IHtS VAKIA.~'CE ~NILL NOT CONFER ANY SPECIAL PKIVELEDOES. TH~$ AWNING WiLL NOT AFFECT OR IMPEDE AN~ VIEWS FROM NqglGHBOR!NG PKOPEI~I/IE$, D, AS STATED iN UA", THE UNIQUENESS OF OUR SITE W~TH TH~ IMPOSED ~ SETBACK DOES NOT ALLOW ANY SF. ADE PP. ODUCrNG STRUCTURES, ALSO, TKE FACT TI-IAT 12' OF OUR SITE [$ OVER WATER DOES NOT ALLOW US TO PROVIDE LANDSCAPING TO SOLVE TI4]$ PROBLEM, E. ~ FEEL THAT SINCE OUI~ SITE ONLY ALLOWS US VERY LIM]IED LANDSCAPING AT TI-IE EAST SIDE OF OUR PROPERTY, A I0' CANT/LEVERED AWNING I$ REQUIRED TO SHADE I'BIE WTNDOWS ON T~ EAST ELEVATION OF OUR BULLD[NG. F. AGAIN, TIq/S AWI~TNG WILL NOT AFFECT OP. IMI:EDE ANY VIEWS FI).OM NEIG.~KBOP. ING PKoFEP-TIES, AND WILL ONLY ADD A PO$IIIVE AESTHETIC ELEMENT TO TI-ES BLrILDING AND THE PP. O3ECT. ~0.6-~5 ,EXHIBIT "C" NORTH AWNING 5 A. THE NOIITI~: SfDE SETBACK.FOR Th.qS PP, Of ECT HAS BEEN INCR.EASED DUE TO IT'S R.ELATIVE ADJACENCY '~O A P,E$IDENTIAL ZONEqO DISTRICT. HOWEVER, IN 1/4/8 CASE TtfE RESiDEnTIAL PKOPEKTY OCCURS TO THE NORTH OF OUR PROPERTY AND ACROSS WOOLBRIGHT ROAD AND TFIE BRrDGE OVER THE INTRACOASTAL. B. THE APPLICANT IS PROPOSINOP.%RTIAL R.ELfEF FROM THIS rNCP, F, ASED SETBACK, BECAUSE OF THE NATURE OF THE SITE AND TH.5 ADJOINI'NO CONDIY1ONS. C. TiKE NATU'R~ OF THE BR_rDOE AN~ IT'S I:LAMP lB UNIQU-~ TO OLq~. SITE'S LOCATION. D. THE FACT THAT OUq~. SITE I$ ADJACENT TO A RESIDENTIAL ZONING DISTRICT DICTATES THE. INCREASED SETBACK. HOWEVER, Ti'{E CODE DOES NOT TAKE INTO ACCOUNT TIlE UlCiQUE PROPEP, ITES OF THE LAND ADJOINING OUP~ SITE. I1425SE PROPERTIES BEIN~ THE SIZE OF TI~ BRIDGE tRAMP AND THE DISTANCE FROM OUR SI'Il3 TO TH~ RESIDENTIAL ZONING D1STR/CT. E. THIS VARIANCE PROPOSAL IS FORA SCREENED SERVICE YAP, D 17 X 36'. THIS IS THE SMALLEST AREA WE FEEL Tf4AT WE I~EED FOR THIS FUNCTION, F. TH~ BRIDGE RAMP ADIACENT TO OUR PROPERTY ALONG ~ NOR.TH SIDE I$ AT AN ELEVATION THAT WILL ALLOW THE VEifflCULAR TRAFFIC TO LOOK DOWN FROM BRIDGE [N~I'O THE SERVICE YARD. BY ALLOWING THIS PROJECT TO CONSTRUCT A MASONRY WALL AND CANVAS AV~NING OVER THIS SERVICE YARD, IT ALLOWS Ui TO ?RO%q-DE A VISUAL SCREEN SI-fIELDING THE SR. VICE YARD AND EQUIPNfEN'T FROM VII~W. IN ADDITION, THE ADJACENT KE$IDENq'IAL APAR~T$ WILL NE',ER HAVE A DI1LECT VIEW OF TI'lIS SERVICE YARD ANT} PROPOSED AWinG. OUP, P, EQUEST IN NO WAY ~qLL BE INUORIOUS TO ThE NEIGI-I~ORING PROPEP, TY OR THE PUBLIC %~LFARE. EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 02-010 (Awnings) Reference: DEPARTMENTS : INCLUDE REJECT PUBLIC WORKS 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 ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD C'ONDITIONS Comments: Conditions of Approval 2 Woolbright Grill ZNCV 02-010 (Awnings) DEPARTMENTS INCLUDE REJECT 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. J:\ S HKDATAkP LANNING\S HARED\~RO~CTS\WooI~ght Grill~ZNCV 02 -010\Conditions of Approval. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA . PROJECT NAME: APPLICANT'S AGENT: Woolbright Grill (ZNCV 02-010) Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Variance requested on awnings. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. 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\Woolbright GrilRZNCW02-010\Develop ,Order Woolbdght Grill 02-010.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CO NSENT AGE N DA ITEM E.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtvl 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 t8,2002 [] July2, 2002 Date Final Form Must be Turned in to CiW 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: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-112. EXPLANATION: PROJECT NAIvlE: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Grill (ZNCV 02-011 ) Joe Peterson, Slattery & Associates Restaurant Holdings, Inc. SE Corner of Woolbright Road & Federal Highway at Pdverwalk Plaza Request relief from Chapter 2, Zoning, Section 6.C.3, requiring a minimum side setback of thirty (30) feet, to allow for a variance of ten (10) feet, and a side setback of twenty (20) feet for a restaurant abutting a residential zone in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Develo~fabnt Dl~pa~e~nt'~'ector - ~t~ Manager's Sign[ture Planning and Zonin~ City Attorney / Finance / Human Resources J:\SHRDATA~PtanningXSHARED\WP~PROJECTSXAgenda Item Request Woolbright Grill ZNCV 02-0t 1 .dot S?d3ULLETIN~ORMSLhGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORAJ~DUM NO. PZ 02-112 STAFF REPORT FOR COMMUNITY REDEVELOPMEN.T BOARD AGENCY AND CITY COMMISSION June 3, 2002 Meeting Date: File No: Location: Agent/ Owner: Project: Variance Request: June 11, 2002 ZNCV 02-011 - Building setback. South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. Woolbright Grill Request relief from the City of Boynton Beach Land Development Regulations Chapter 2- Zoning, Section 6.C.3., requiring a thirty (30) foot side setback to allow for a variance of 10 feet, and a side setback of twenty (20) feet. BACKGROUND The subject site is located on the south side of Woolbright Road, northeast of the Riverwalk Plaza and bounded on the east by the Intracoastal Waterway. The subject property, totaling 0.69 acres, is currently zoned C-3, Community Commercial district with a Local Retail Commercial land use designation (see Exhibit "A" - Location Map). The property is also subject of an application for new site plan approval. Restaurant Holdings, Incorporated, proposes to construct a two-story 7,829 square foot "High Quality - Sit Down restaurant" with 1,033 square feet of out-door seating area for a total of 8,852 square feet. The subject property is comprised of two irregularly-shaped and shallow parcels (Parcel 1-north and Parcel 2-south), which will be combined in order to accommodate the 210-seat restaurant. Parcel 1-north with a triangular shape, is the area where the restaurant will be built and the subject of this variance application (see Exhibit "B" - Site Plan). The location of the project presents a unique situation since it is surrounded by a major road, the Riverwalk Shopping Plaza and the Intracoastal Waterway, and dissected by a storm water utility line. The following is a description of the land uses and zoning designation of the properties that surround this site: North: Woolbright Road right-of-way; farther north is developed with multi-family apartments (Gulfstream Apartments) with a High Density Residential (HDR) land use designation Page 2 Woolbright Grill-Building SetbacK File No. ZNCV 02-011 and zoned Multi-family Residential (R-3); South: Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use designation and zoned Multi-family Residential (R-3); East: Intracoastal Water~vay right-of-way, farther east are developed townhouses (Ocean Ridge Yacht Club) in the ToWn of Ocean Ridge zoned Medium Density Multi-family Residential (P_MM); and West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the sa me zoning district. b. That the special conditions and czrcumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properttes in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". Staff concurs with the applicant's response to criteria "a"and"b" above that there exist special cOnditions peculiar to the subject parcel, namely location of the lot. Staff acknowledges the unique "enclosed" characteristics of the parcel. The site configuration does not leave sufficient room to design a building offering both an acceptable footprint (to be economically feasible) and to minimize the need for a variance. Furthermore, a storm water utility line exists, which is proposed to be relocated so as to not further limit the use of this parcel. Page 3 Woolbright Grill-Building Setback File No. ZNCV 02-011 Staff also acknowledges the existence of a bridge ramp abutting the north property line of the subject parcel. The ramp, combined with the Woolbright Road fight-of-way measures approximately 125 feet in width. Staff believes that the bridge and road fight-of-way has presented special conditions and circumstances, therefore satisfying criterion "b" above. Furthermore, regardless of what use is ever proposed for the subject propertY, within the scope of the allowable uses of the C-3 zoning district, the subject variance would likely be. required, as the fninimum variance needed to make possible the reasonable use of the land. With respect to criteria "e" above, which relates to the mag-nitude and necessity of the variance, the subject property has a "triangular" configuration, which makes compliance with setbacks challenging. The east and west property lines run south (along the rear of the Winn Dixie Supermarket) to form the edge of the triangular-shaped parcel. The building is designed to maximize the fi-ont (west) and rear (east) setbacks, both measuring twenty (20) feet. The side yard of this property located along the north property line abuts Woolbright Road and the bridge ramp. The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.J.2 requires a minimum 30-foot side setback for buildings located on properties zoned commercial that also abut residential districts. The logical design of the structure on this irregular-shaped and shallow lot includes placing the building at the deepest point of the lot. This location is at the northern portion of the property where the parcel offers the greatest depth, allowing the front and rear setbacks to be met. Alternatively, a fifteen (15) foot side setback is required when there is no residential property in the immediate vicinity of a commercial property. The applicant is proposing a twenty (20) foot side setback, which is more than the minimum requirement. Options for meeting the setback with the least design impacts appears to be limited to reducing the size of the structure. With respect to impacts on the area, and satisfying criterion "f" above, the intent of such a stringent side setback is to insure proper separation between residentially-zoned and commercially-zoned properties. The increased distance separation caused by the bridge ramp and Woolbright Road between the proposed restaurant and the residential district is more than adequate to meet the intent of the code. Therefore, the impacts upon the abutting parcels, mainly to the north, would be immeasurable. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condition exits. Therefore, staff recommends that the requested variance be approved, thereby granting a side setback of 20 feet in lieu of the 30 foot side setback required by code. No conditions of approval are recommended; however, any conditions of approval recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "D"- Conditions of Approval. MDA/ S:kPlanning~SHARED\WPkPROJECTS\Woolbnght Orill~NCVk 02-011 kSTAFF RI~PORT Setback. doc Location Map Wooibright Grill EXHIBIT "A" 4OO 0 it~i Bour~_ary_- % 400 Feet .~ ' W E SITE WOOLBRIGHT GRILLE 7O0 WO(3{.~ RIGHT i~OYNTON 0EACH, FL 3343~ CITY OF BOYNTON BF. ACH, FLORIDA tli '"'7 STATEMENT OF SPECIAL CONDITIONS NO. 635 ~B5 EXHIBIT "C" 5: A: TIffE ?ROPERTY IN QUESTION A.l~,.k]~i~e~N E~'MANGROVE' HABITAT, THE PURPOSE OF ~ 0~IN~CE IS TO P~~V~U~ NOISE BA~E~ BETWEEN ~S~IAL AND ~N~ERCI~ PROPERTY. ~E T~'OKO~ FOIST [S ZONED ~SID~IAL, THERE ~ NO PROSPECTS OF ~G HOUSES AT THIS ~. ALSO. THIS S~ V.~NCE ~QU~T WAS G~NT~ FOR ~E SHOPPINO CENTER TO THE B; ~ ~'!QUENE~ OF THE ADJO~G S~E IS AN ~$TINO C: ~ O~NTING OF ~S VALANCE REQUEST OBVIOUSLY ~ NOT O~ ANY SPECIAL P~VILE~E TO T~ ~PLICANT. D: ~ STA~D ABOVE, ~E ~SON$ FOR ~ ~QUEST OF THIS V~NCE 4RE FOR ~ B~E~ OF ~ EX.IST~G COND[~ON. NO~ 0~Y WO~D A P~VACV WALL ~U~ ~NOROVE TREES S~RVE NO PU~FO5~ BUT ~E CONS~UC~ON OF SUCH WALL AND FO~DKTION SYSTEM COUbD D~G~ A S~ATI~ ECOSYS~M. E: THE VALANCE P~QUE~T I$ ONLY .FOR ~iE O~S$tON OF A SIX FOOT fflGff CONC'~TE BL~K WALL. AS SHO~ ON T~ S~MI~ED PLANS, T~ O~R ~LL BE ~STALL~G A VINYL CLAD CHA~ L~K FENCE A~ ALL ~QU!RED LANDSCAP~G. F: ~ O~TING OF THIS V~ANCE WILL iN NO WAY BE DETRkMENTAL TO P~L1C '~LFA~. AS P~E~O'U SLY ~NTION~, T~S SAME VA.~ANCE ~QUEST WAS G~NTED FOR ~ ADJACENT SHOP9~O CENTER. EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 02-011 (Setback) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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 2~ FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: ] I Conditions of Approval 2 Woolbright Grill Setback) DEPARTMENTS INCLUDE REJECT 1. NONE X · ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. MDA/ j:\SHRDATAX~PLANNING-\SHAKED WPWROJECTS\Wooltmght GrillXZNCV 02-01 l\Conditions of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Grill (ZNCV 02-011 ) APPLICANT'S AGENT: Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Variance requesting relief on a building setback. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. 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\Woolbright GrilI~ZNCW02-011\Develop. Order Woolbdght Grill 02-011 .doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM E.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORxvt Date Final Form Must be Turned in to CiW 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 CiW 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: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda. The Commumty Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved subject to staff comments and the requirement that the fence be green vinyl coated. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-107. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Grill (ZNCV 02-012) Joe Peterson, Slattery & Associates Restaurant Holdings, Inc. SE Comer of Woolbright Road & Federal Highway at Riverwalk Plaza Request relief from Chapter 2, Zoning, Section 4.L. - Buffer Walls, requiring a six (6) foot high stucco masonry buffer wall where a commercial district abuts a residential district to allow a six (6) foot high chain link fence with landscaping along the southernmost property line. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eVet6'prl~e nt[15 ep ar tment Director Manager's Signature Planning and~ZoninggD:nt6ctor City Attorney / Finance / Human Resources J:\SHRDATAXPIanningXSHARED\WP~PROJECTS\Woolbright GrillXZNCV\02-012LAgenda Item Request Woolbright Grill ZNCV 02-012.dot S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVIS ION MEMORANDUM NO. PZ 02-10'7 STAFF REPORT FOR COMMUNITY REDEVELOPMENT BOARD AGENCY AND CITY COMMISSION June 4, 2002 Meeting Date: June 11, 2002 File No: ZNCV 02-012 Buffer wall Location: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. Agent/ Owner: Joe Peterson of Slattery & Associates/Riverwalk Plaza Joint Venture Project Name: Woolbright Grill Variance Request: Request relief from Chapter 2 -Zoning, Section 4.L requiring a six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district, to allow a six (6) foot high chain linked fence with landscaping along the southernmost property line. NATURE OF REQUEST Joe Peterson of Slattery & Associates, agent for Restaurant Holdings, Inc., is requesting a zoning code variance to seek relief from constructing a solid masonry buffer wall along the south property line that is abutting a residentially-zoned property. The site is located on the south side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway (see Exhibit "A"-Location Map). Construction of the wall became a requirement in connection with an application for site plan approval for a restaurant. The restaurant will be constructed on a property comprised of two irregularly-shaped parcels (Parcel 1-north and Parcel 2-south), which will be combined in order to plan for a 210-seat restaurant. Parcel 1 will be the area where the restaurant will be built and Parcel 2 will be used as a parking area (see Exhibit "B"-Proposed Site Plan). This request is a prerequisite to placing along the south property line of Parcel 2, a six (6) foot high chain link fence, with landscaping, in place of the six (6) foot high buffer wall that is required by the City's Land Development Regulations, Chapter 2 - Zoning, Section 4.L.. BACKGROUND The subject site is located between the Riverwalk Plaza and the Intracoastal Waterway. The subject property, totaling 0.69 acres, is currently zoned C-3, Community Commercial district with a Local Retail Commercial land use designation. The subject site (specifically Parcel 2) abuts to the south a parcel zoned R-3, Residential Multi-family. The code requires a solid masonry buffer wall, six (6) foot high, bet~veen commercial and residential zoning districts. The following is a description of the land uses and zoning designation of the properties that surround this site: · Page 2 Woolbright Grill Buffer Wall File No. ZNCV 02-012 North: Woolbright Road right-of-way; farther north is developed with multi-family apartments (Gulfstream Apartments)with a High Density Residential (HDR) land use desig-nation and zoned Multi-family Residential (R-3); South: Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use designation and zoned Multi-family Rdsidential (R-3); East: Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge Yatch Club) in the Town of Ocean Ridge zoned Medium Density Multi-family Residential (RiMM); and West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). ANALYSIS The code states that zoning code variances cannot be approved unless the board finds the following: That special conditions and circumstances exist which are pecu?iar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. As part of analyzing this request against the above criteria, staff evaluated the impact upon the character of the existing neighborhood, alternatives to avoid the variance request, and consistency of the construction of a fence versus the required buffer wall. The city's land development regulations require the erection of a masonry wall between commercially-zoned and residentially-zoned properties. The location of the proposed fence is between properties with both designations, hence the requirement for the masonry wall. The applicant states that: "The property in question abuts an existing "Mangrove" habitat. The purpose of this ordinance is to provide a visual and noise barrier between the residential and commercial properties." A six (6) foot high chain link fence supplemented with required landscaping should serve as a reasonable alternative to create the required separation from subject property and the adjacent wetland (see Exhibit "C" - Statement of special conditions, hardships and reasons for variance request). In addition, the applicant also indicates that the construction of this wall and foundation could disturb and damage a sensitive eco-system. With respect to ownership and use potential, the Florida Inland Navigational District (FIND) owns and uses the residentially-zoned property to the south as a spoils site. Furthermore, based on previous staff Page 3 Woolbright Grill Buffer Wall File No. ZNCV 02-012 findings, it has been confirmed that the adjacent property will most likely not be developed, and that there is insufficient room for a wall. It should be noted that the city's comprehensive plan designates this site as High Density Residential (10.8 dwelling-units-per-acre) with a conservation overlay, due to the presence mangroves. As shown on the proposed site plan, the width of the parking area on Parcel 2 totals 65 feet. Within that width the applicant is proposing parking stalls on both sides (parking stall dimensions are 9 feet by 18 feet) with a minimum required driveway width of 24 feet, leaving five (5) feet for landscaping along the south property line of Parcel 2. The code requires a five (5) foot landscape buffer between a common lot line and an off-street parking area when a commercial district abuts a residential district. The code also requires a six (6)-foot high masonry wall setback two (2) feet from the property line. Within that remaining buffer width of five (5) feet, a masonry wall and a landscape strip are required. The strip of land remaining is insufficient to meet both code requirements. Therefore, staff agrees that the applicant has demonstrated that apprOval of this request is the minimum necessary to make possible the reasonable, use of the property. Lastly, it should be noted that in January of 2001 the City approved a similar variance for the Riverwalk Plaza project, to allow a chain link fence with landscaping in lieu of the required solid masonry wall. This previous application included similar justifications to the subject application. RECOMMENDATION The current use of the adjacent residentially-zoned parcel as a Florida Inland Navigational District (FIND) spoils site, and the existence of mangroves on this property represent special conditions and circumstances affecting the requirement for a buffer wall. The FIND site will likely not be developed in the near future, thereby reducing the need for a solid buffer wall. However, given the current residential zoning, the close proximity to the waterfront, and the rising value of, and demand for land, the ultimate development of the land should not be totally disregarded. Similar to the previous wall variance approval for the south buffer of the plaza, staff recommends as a requirement that the requested fence be replaced by the buffer wall if and when the adjacent property is ever developed (see Exhibit "D" - Conditions of Approval). The erection of the stucco masonry wall could contribute further to the disturbance of this fragile eco-system. It should be noted that the City Forester/Environmentalist favors the fence over the wall to minimize impacts upon the adjacent mangroves. Also, it is evident that the remaining five (5) foot strip of land represents a challenge to accommodate both the required landscape buffer and the masonry wall. Therefore, staff recommends approval of this request for a variance fi'om the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain link fence and landscaping along the south property line, in lieu of the required six (6) foot high concrete block buffer wall to separate a commercial district from the abutting residential district to the south. To maintain consistency along the southern property line, it is recommended that the proposed fence be supplemented with the same native hedge material as approved for the Riverwalk Shopping Plaza ZNCV 00-021. Staff conditions and any other condition(s) recommended by the Community Redevelopment Agency Board or the Commission will be included in the Exhibit "D" - Conditions of Approval. J:XSHRDATA\Plannmg~SHARED\W'P\PROJECT$\Woolbright GrilI'~NCV 02-012~staff re'port south buffer wall.doc PU Location Map Woolbright Grill EXHIBIT "A" t-XORA-WA'~ :ity7 Boun-da ry_ 1 400 0 400 Feet W+ E S SITE PLaN WOOLBRIGHT GRILLE 700 W~L.~qlGHT I~OYN"TON EZHIBIT B SLA"Ci'ERY AND ASSOCIATES z 65,"27.'~Z 0~Z5 STATEMENT OF SPECIAL CONDITIONS NO. 635 ~OJ EXHIBIT "C" 5: A.THE NORTH SIDE SETBACK FOR THIS PROJECT HAS BE.~N !NCR.EASED DUE TO ~'$ RELATIVE ADJAC~CY TO A ~SIDENT~L ZON~'G DISTRICT. HO%'E~ ~ THIS CAS~, ~ ~SiDEN~ PROPE~.TY ~S ACROSS WOOLBKIG~ ~AD AND ~ OVER ~ ~COAST~ WATEKWAY. ~: ~.E A?PLICANT 15 PAOPOS~O P~L P~L~F FROM THIS ~C~ASgD S~BACK, BECAUSE OF THE NATU~ OF THE S:~ AND ~E A.D~OIN[NG CO~D~!ONS, t~ CO- OPE~TION ~TH T~ G~ER OF THE ADJOIN/NO P~OPER~, MOVi~'O THE BUILD~Q ~ FEET TO ~ NORTH ALLOWS TENANTS OF ~E ADLO~G SI4OPPINO C~TER A O~ATER V]EW OF T~ WA~RWAY. C: ~ O~O OF ~S VALANCE WILL ~ NO WAY ~NFgR A~' SPECIAL P~L~OES ON ~E APPLICANT. W~THER ~ ~DINO I~ SHIF'rED TEN ~R D~ION ~ES NO DIFFEKENC~ TO HIM WHATSOEVER. D: AS STA~D A~V~ THE ~ASONS FOR THE REQ~S~T OF TH[S VARIANCE ARE FOR ~ BEIT~NT OF AN EXISTING CONDITION. E: ~Q ~ ~ ~W OF ~ ~ATE~ON~ 8Y TEN FEET IS THE DISTANCE TO C~A~ A~Y V{SUAL [~ACT FOR THE AD~O~ING PROPER~ O~E~. F: ~ ~TLNG OF TM!S VARIANCE WILL IN NO WAY BE IN~U~OUS TO ~tE ~A. IT DO~ MO~ ~ BUI~ING T~ ~ORE F~ET AWAY FROM THE RESIDENT~ PROPER~ .ACROSS T~ WATERWAY, ~HILE P~SERVING ~O~ OF THE EXtST~O SHOPP~C' ~TER TE~S ~'IEW OF THE ~A~RWAY. EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 02-012 (Buffer wall) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X I FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Replacement of the six (6) foot high fence with a six (6) foot masonry buffer X wall to take place when residential development occurs on the adjacent property. 2. With respect to consistency with a previous similar approved variance for the X Riverwalk Shopping Plaza, the use of a similar native hedge material shall be Conditions of Approval 2 Woolbright Grill ZNCV 02-012 (Buffer wall) DEPARTMENTS INCLUrDE REJECT required, preferably Cocoplum.. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: The proposed six (6) foot high chain link fence shall have green X vinyl coating. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. J:\SHRDATA~PLANNING~SI-LARED\WP~ROJECTS\Woolbright GriilXZNCV 02-012\Conditions of Approval.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Wooibright Grill (ZNCV 02-012) Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Variance requested on a buffer wall. LOCATION OF PROPERTY: DRAWING(S): X June 18,2002 South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. SEE EXHIBIT "B" A'FFACHED 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 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\PROJECTStWoolbdght Grill~NCV~02-012\Develop. Order Woolbright Grill 02-012.doc Requested Cit~ Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM E.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORxw Date Final Form Must be Turned in to CiW 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 Da~s [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July2,2002 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: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda, as tabled to the August 6, 2002 meeting. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be tabled to its July 9, 2002 meeting, to allow the applicant t/me to modify the proposed project with architectural, landscaping and dumpster access enhancements. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-109. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (NWSP 02-006) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23ra Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request new site plan approval for 17 townhomes on a 1.62-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A _~L T E RNA T IV ES¢,~, ] N/A Devell~rr;~nt i~p~r[a, fient Direc City Manager's Signature Planning and Zoning~ector City Attorney / Finance / Human Resources j:\SHRDATALPlanningXSHARED\WPhOROJECTS\ Kensington Place f.k.a. Showcase TownhomesqqWSP-02-006~genda Item Request Kensington Pl. NWSP 02-006.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FO RM. DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-109 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY ANT) CITY COMMISSION DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant/Agent: Location: Current Land Use/ Zoning: Proposed Land Use/ Zoning: Type of Use: Project size: Adjacent Uses: Proposal: June 11, 2002 Kensington Place / NWSP 02- 006 Vince Zabek, Showcase Contractors. Inc. Vince Zabek, Showcase Contractors, Inc. S.E. 23rd Avenue, east of the F.E.C. Railroad Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) High Density Residential (HDR) / Planned Unit Development (PUD) Multi-family Residential Site Area: No. of Units: Lot Coverage: Density: 1.615 acres (70,340 square feet) 17 0.39 acres (16,687 square feet) 10.53 du/ac (see Exhibit "A" - Location Map) North Developed multi-family residential, zoned C-2; South Los Mangos Patio Villas / Townhomes zoned R-3; East Developed single-family homes, zoned C-2; West F.E.C. Railroad right-of-;vay, farther west is a medical office building under construction, zoned C-2. Vince Zabek, applicant and developer for Kensington Place, proposes to construct 17 townhouse umts in two (2) separate buildings on a 1.62-acre parcel (see Exhibit "B" - Proposed Site Plan). The first building to be located immediately at the end of the entrance drive along the south property line is composed of eleven (11) units. A second building, located along the eastern property line, would contain six (6) units. Each building would be two (2) stories high and contain three-bedroom, two and a half (2 1/2) bathroom units. In addition, since the existing zoning (C-2) or land use does not allow multi-family units, a land-use amendment / rezoning application (LUAR 02-003) is being processed concurrently with this site plan. Page 2 Kensington Place - Site Plan Staff Repor~ Memorandum No. PZ 02-109 Site Characteristics: The subject property is one (1) rectangular-shaped parcel totaling 1.62 acres. It is currently pre-cleared and is predominately vegetated with a variety of overgrown grasses. The southernmost portion of the parcel is bounded by overgrown ficus hedges and trees located on the abutting developed property. Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Conceptual drainage information was provided for the City's revie~v. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. Driveways: There is one (1) main entrance proposed for the development located along the northern border of the sit~ on S.E. 23rd Avenue. The entrance is 24 feet wide and provides one ingress and one egress drive aisle. The applicant is proposing one interior driveway measuring 24 feet in width providing circulation east to west wtthin the project. Since the project is within the Community Redevelopment Agency boundaries, the required backup distance for parking lot drive als les is reduced from 27 feet to 24 feet in width. Parking Facility: A total of 34 parking spaces are required for the proposed use based on the ratio of two (2) spaces per residential unit. The applicant is providing 40 spaces. The additional parking will accommodate guests. The proposed parking area is located in the northern portion o f the site. Each space will be dimensioned nine (9) feet in width by 18 feet in length. No handicap spaces are provided on this site plan, as each of the proposed units will be sold on a fee-simple ownership basis. Fee simple-ownership presents the same characteristics as a single-family dwelling. The Land Development Regulations do not require handicap spaces for single-family dwellings. Landscaping: The landscaping of the site will fully meet code requirements when staff comments are incorporated. The proposed pervious or "green" area is 35,137 square feet or 49.95% of the total site. North and west landscape buffers are provided as required by code. These buffers will be seven (7) feet in width and contain an array of vegetation. This primary landscaped buffer, immediately south of S.E. 23~d Avenue will contain 12 Live Oak trees spaced 30 feet apart with a solid row of Thryallis hedges. A secondary front landscape buffer will separate the proposed parking area from S.E. 23rd Avenue. This landscape buffer will also have eight (8) Coconut Palm trees spaced 30 feet apart with a solid row of Silver Buttonwood hedges. However, the entranceway of the proposed project will have two (2) Coconut Palm trees with Page 3 Kensington Place - Site Plan Staff Report Memorandum No. PZ 02-109 Ixora planted at each tree base. Extensive foundation plantings are proposed for both townhouse buildings. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Only one (1) type of unit layout is proposed for both buildings. The unit will be 1,526 square feet in area. The first floor will include the living room, dining room, kitchen with breakfast area and a master bedroom suite, while the second floor provides the remaining two bedrooms with a loft. Community Design: The proposed two-story buildings will have a maximum height of 25 feet measured to peak of roof. The proposed buildings are traditional design. They will have stucco facades painted Custard (Behr 1Bll-2) as the predominant base color. The accent color, which includes the trim fascia, will be painted Moondrop (Behr lB11-1). The roof will be constructed of white three-dimensional Fiberglass shingles. Staff recommends incorporation of architectural elements such as those found in the other recent residential projects along Federal Highway including the use of a tile roof. Due to the lack of establish architectural character, the proposed project will offer an opportunity to create an architectural style, which will be beneficial and preferable for this redevelopment area of the city. Signage: No project signs are proposed. Any future signage will require separate review and approval. RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the concurrent land use/rezoning requests and all other comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S: ~Plann/ngxSHAP. ED\WP~P ROJECTS~S HOWCAS E C ONTRACTO RS~[.ens/ngxon Place~NWS P 02-006Xstaff reporL doc Location Map Kensington Place (fka Showcase Townhomes) EXHIBIT "A" UD SE-23RD~ A'~/E R3 _ / SE~AVE~ m C1 C3 200 0 200 400 600 Feet EXHIBIT "B" EXHIBIT "B" EXHIBIT "B"I EXHIBIT "B" II II EXHIBIT "B*" ABCHI"TE~I~IBE 2O7 GIL, GENBAC;H & PLANNING LEFT SIDE ELEVATION EXHIBIT "B" EXHIBIT "B"- EXHIBIT "C" Conditions of Approval Project name: Kensington Place File number: NWSP 02-006 Reference: 2nd Review plans with a May 28, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the X water and sewer laterals serving this project (CODE Section 26-12). 2. 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 (CODE Section 26-16(a).) 3. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. One is available at the front-center of the property, a second one will be necessary to satisfy the fire flow condition noted above. Please demonstrate that the plan meets this condition, by showing all hydrants. FIRE Comments: 4. Provide water flow test data (call 742-6600 to schedule test) indicating the X relocated hydrant can provide a minimum of 1500 gpm ~ 20 psi. (LDR Chapter 6, Section 16). 5. The relocated hydrant must be in service before vertical construction can X begin. Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Access to the construction site by emergency vehicles must remain available X at all times. Roadways must be hard-packed and unobstructed. Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. POLICE Comments: NONE X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 7. Per the LDR, Chapter 4, Section 7.A., show north arrow, written and X graphic scale, zoning, land use, and all easements on the site survey. Also depict all existing natural and man-made features. 8. A five (5) foot wide sidewalk is required, and shall be placed one (1) foot X north of the north property line (LDR, Chapter 6, Article W, Section 10.T., and Chapter 22, Article I, Section 5). Provide detail(s) for the sidewalk crossing at the railroad. 9. Show on the site and preliminary site engineering plans the proposed site X lighting (LDR, Chapter 4, Section 7.B.4.). 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 photo-electrical control and are 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. 10. A lighting plan including photo metrics, pole wind loading, and pole details X 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. If possible please provide this information as part of your TRC plan submittals - it is much easier to identify and correct any deficiencies now than while you are waiting on a permit! 11. The grading plan provided does not consider the flow pattern generated by X the existing terrain. The proposed grading plan would direct all overflow off the south side of the property. Existing patterns direct flo~v about equally to the north and the .south. To correct the given plan Staff recommends: a) construction of a swale on the north side of the parking lot; b) move exfiltration system to the east, disconnecting Catch Basin "C"; c) place a new catch basin, connected to the relocated exflttration system, in the north swale; and direct the west building downspouts to the west retention pond and the east building downspouts to the north retention pond. These steps should allow overflow to the north and south in accordance with the historic pattern. 12. Provide a typical section for the drainage swale. X BUILDING DIVISION Comments: DEPARTMENTS INCLUDE REJECT 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building(s). Verify that the proposed elevation is in compliance with regulation of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-of-record for the project shall ad the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 14. At time of permit review, submit signed and sealed and working drawings X of the proposed construction. 15. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 16. The proposed use for this project is not permitted in the C-2 zoning district. X Rezoning and Land Use Amendment is required for PUD designation. 17. The site plan must identify the Future Land Use and Zoning District X designations of the adjacent properties. 18. On the site plan's tabular data, indicate the proposed building setbacks for X the PUD zoning district. 19. The site plan must show the location of fire hydrants X 20. The site plan must include a complete tabular data including the following X elements: a) The maximum height allowed in the zoning district; b) The proposed height of the structure; Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT I 21. Provide a note on the standard parking space detail showing all dimensions X in accordance with drawing No. B-90012. 22. The site plan as proposed does not set forth any provisions in regard to the X location, size, limitation for accessory structures. Provide this information on the site plan. 23. Provide a typical drawing that includes the height and color / material of all X proposed freestanding lighting poles. 24. Site lighting must satisfy the minimum average light level of one (1) foot X candle (Chapter 23, Article II A.1 .a.). 25. Dimension the entrance drive on the landscape plan. X 26. Revise the project name to "Kensington Place" on sheet 2 of 2. Project X name should match on all pages. 27. Include a 24" x 36" color (clipped, not permanently mounted) rendering of X all elevations prior to the Community Redevelopment Board meeting. 28. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 29. Revise the elevation drawings to show all four (4) building sides of each X proposed building. 30. Revise the plant materials tabular data to show that shrubs shall be planted X at a minimum twenty-four (24) inches in height and twenty-four (24) inches in spread. Tree species (excluding signature trees) shall be a minimum of twelve (12) feet overall in height with a minimum caliper of three (3) inches. 31. On the landscape plan label the ten (10) foot site triangles at the X entranceway (Chapter 7.5, Article Il, Section 5.H. 1 .). 32. Label and dimension required landscape buffer on the site plan and X landscape plan. 33. Show the proposed off-street parking area on the landscape plan to match X site plan. 34. Landscaping at project entrance shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article Il, Section 5.N.). Include these on the landscape plan. Note that signature trees do not contribute toward the total number of required perimeter trees. 35. The buildin~ desi~,n shall be comt)atible with the surroundin~ built X DEPARTMENTS INCLUDE REJECT environment. Review the use of the asphalt shingle roof. (Ch.9, Sec. II, A. & B.). Staff believes that the proposed project constitutes an opportunity to develop a great example for this particularly urban area. Staff recommends incorporating architectural elements such as those found in other new residential projects along Federal Highway to enhance the overall character of the proposed building. 36. No signage was submitted with these plans. Any proposed sign will require - X separate review and approval. 37. Revise the site plan show the new 10-foot rear setback for this project. X 38. Adjust the landscaping accordingly, to meet the revised rear setback for this X project. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: Tabled to the Community Redevelopment Agency Board meeting X on July 9, 2002. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/sc S:\Planning\SHARED\WP\PROJECTS\SHOWCASE CONTRACTORS\Kensington Place(ka Showcase Tow~homes)\NWSP-02-006\cond. of approval 2001 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,, FLORIDA PROJECT NAME & ADDRESS: Kensington Place APPLICANT'S AGENT: Vince Zabek, Showcase Contractors, Inc. APPLICANT'S ADDRESS: 505 NE 3r~ Street Delray Beach, FL. 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 11, 2002 TYPE OF RELIEF SOUGHT: New site plan approval for 17 townhouses on a 1.62 acre parcel~ LOCATION OF PROPERTY: SE 23 Avenue, east of F.E.C Railroad 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. o All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\SHOWCASE CONTRACTORS\Showcase Townhornes\NWSP-02-O06\Develoo.Order Form-2002-Revised.doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2OO2 [] April 16, 2OO2 [] May 7. 2002 VII.-CONSENT AGENDA ITEM E.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVl Date Final Form Must be Turned in to CiW 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 [] July2,2002 Date Final Form Must be Turned in to Cie,' 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: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved subject to staff comments, and additional comments ro require articulation and enhancements to the roof and north elevation; add landscaping near service area; to ensure that the service area is kept clean/orderly; to require the sound system be limited to soft background music; and require boardwalk to be connected with future adjacent boardwalks. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-102 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Grill (NWSP 02-004) Joe Peterson, Slattery & Associates Restaurant Holdings, Inc. SE Comer of Woolbright Road & Federal Highway at Riverwalk Plaza Request for a new site plan approval for a 7,820 square foot two-story, sit down, restaurant on a 0.6912-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deve Director ~~M~ger's Sign~~ature Planmng and Zoning ~tirector City Attorney / Finance / Human Resources J:~SHRDATA~lanning~SHARED\WPLPROJECTS\Woolbright GrilI\NWSP 02-004LAgenda Item Request Wootbright Grill NWSP 02-004.dot S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-102 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION June 4,2002 DESCRIPTION OF PROJECT Project Name/No.: Woolbright Grille Restaurant/NWSP 02-004 Property Owner: Restaurant Holdings, Inc, Agent: Joe Peterson / Slattery & Associates Location: South side of Woolbright Road, just east of Riverwalk Plaza and west of the Intracoastal Waterway Land Use: Local Retail Commercial (LRC) Zoning: Community Commercial (C-3) Project size: Site Area: Parcel 1: Parcel 2: Lot Coverage: Building (lS' floor): Buildinq (2nd floor): Total building area: Outdoor seating: 0.69 acres / 30,109 square feet 0.4623 acres / 20,137 square feet 0.2289 acres / 9,970 square feet 6,285 square feet (20.8%) 5,252 square feet 2,577 square feet 7,829 square feet 1,033 square feet Adjacent Uses: North: (see Exhibit "A" - Location Map) Woolbright Road right-of-way; farther north is developed multi-family apartments (Gulfstream Apartments) with a High Density Residential (HDR) land use designation and zoned Multi-family Residential (R-3); South: East: West: Vacant property with a High Density Residential (HDR) / Conservation Overlay District land use designation and zoned Multi-family Residential (R-3); Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge Yacht Club) in the Town of Ocean Ridge zoned Medium Density Multi-family Residential (RMM); Riverwalk Shopping Plaza classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3)~ Proposal: Restaurant Holdings, Incorporated proposes to construct a two-story 7,829 square foot "High Quality - Sit Down restaurant" with 1,033 square feet of outdoor seating area for a total of 8,852 square feet. The subject property is comprised of two parcels (Parcel 1-north and Parcel 2-south), which will be combined in order to accommodate the 210-se.a.t.._ restaurant. Parcel 1 will be the area where the restaurant will be built while Parcel 2 will used as a parking area. Built in the 1960's the Riverwalk Shopping Plaza abuts the subject properties directly to the Page 2 Woolbrig~t Grille Restaurant - Site Plan Review Staff Report Memorandum No. PZ 02-102 Site Characteristics: Concurrency: a. Traffic b. Drainage- Driveways: west. The project will be required to make improvements to the Riverwalk Shopping Plaza, including the relocation of the dumpster(s) and the shared use of drive aisles and parking spaces. In addition, this request for new site plan approval will be contingent upon the approval of four (4) variances (see Exhibit "C" - Conditions of Approval). The requests for variances (ZNCV 02-010, ZNCV 02-011, ZNCV 02-012) will be evaluated in separate staff reports. Both the building and the new parking lot will be developed n one phase. A restaurant is a permitted use in the C-3 zoning district. The subject property is comprised of two (2) irregularly-shaped lots assembled under single ownership for a total of 0.69 acres. Both parcels are directly east of the Riverwalk Shopping Plaza, however, they are not a part of the center and are considered separate lots. A walking inventory by Cotleur & Hearing confirmed the domination of the site by exotic species of plants. The canopy and dominant plant found on this site is the exotic Australian pine tree. Beneath these trees the middle stow contains the exotic Brazilian Pepper. The understory contains the exotics Woman's Tongue, seedlings of Carrotwood, Ragweed, Life plant, Madagascar periwinkle, and the landscape grass Floratam. The only negative plant encountered is Poison: Ivy. There were no mangrove seedlings, nor native vegetation in the vicinity of the seawall. A single limb of a White Mangrove arches over the site. The mangrove is rooted on the property to the south, and hangs over the site by approximately ten (10) feet. According to the report, it is at least 12 feet above the level of the lot and should not pose any problems with the development of the lot. The entire site had been filled many years ago .with clean fill and the seawall appears to have been installed at the same time as the seawall.for the shopping center. All repairs or construction involving the seawall will require Engineering Division review and approval prior to the issuance of a permit (see Exhibit "C" - Conditions of Approval). No endangered / threatened species were found. The Nutting Engineers report revealed that the site contains light brown fine sands with some concrete debris to a depth of 2.8 feet below the existing ground surface. Organics and limestone fragments were encountered to a depth of 4.5 feet below ground surface. Groundwater was found at a depth of 5 feet below ground level. A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division had determined that the project was not part of the previously approved Riverwalk Shopping Plaza and therefore, no related vested trips could be claimed. As a consequence, prior to the issuance of a building permit, an acceptable traffic impact study will be required and it must show that the project will meet the Traffic Performance Standards of Palm Beach County (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit rewew, when more complete engineering documents are required. Comparable to out-parcels located in Planned Commercial Districts, this project will utilize existing access drives of the Riverwalk Shopping Plaza. Currently, the shopping plaza has three (3) ma~n points of ingress / egress. Two (2) of the access drives are located along Woolbright Road and the third is located along U.S. 1. None of the shopping center's access drives will be altered as a result of this project. This project does not propose any Page 3 Woolbright Grille Restaurant - Site Plan Review Staff Report Memorandum No. PZ 02-102 direct connection onto Woolbright Road. The project will share and utilize the drive ais~ located behind the Winn Dixie. Parking Facility: Parking required for a restaurant use is based on either the total number of seats or gross floor area, whichever is more restrictive. For this project, the required parking is based on the ratio of one (1) space per 100 square feet of the restaurant's gross floor area. which includes the planned outdoor seating area. Since 8,852 square feet are proposed (7,829 square feet of building area plus 1,033 square feet of outdoor dining area), a total of 89 parking spaces are required. Parcel 2 will provide 21 new parking spaces. The reconfiguration of the row of parking spaces at the rear of Winn Dixie (on Riverwalk Plaza's property) will increase the new spaces by five (5) spaces for a total of 26 new parking space. These 26 new spaces combined with 63 parking spaces allowed by the 1980 and 1985 Reciprocal Parking Agreements provide enough parking to accommodate a restaurant of this magnitude, therefore, the number of parking spaces provided equals 89 spaces. Of the 89 parking spaces, three (3) spaces are designated for handicap use. All new and reconfigured parking spaces will be 90 degrees. They will be nine (9) feet in width by 18 feet in length, except for the. handicap spaces, which will be 12 feet in width (with 5 feet of striping) bY 18 feet in length. ,Since the project is: within the Community Redevelopment Agency :boundaries, the backup distance: for the new parking spaces may be reduced from 27 feet: to 24 feet in width. The parking proposed on ParCel 2, in essence, will connect and extend the row of parking that currently runs east-west along the southern property line of the RiVerwalk Shopping Plaza. As previously mentioned; the restaurant will share and utilize the drive aisle to the rear of :the Winn Dixie building (east and south) for its patrons. This drive aisle will serve as 1 estaurant. Staff determin~'- the drive aiSle width and commodate two (2) -w vehicular t superma t's anticipated valet Servi, parking spaces to the north and to the northeast of the Winn DiXie building (near Josie's Pizza) will not be altered. Landscaping: As stated earlier, the subject site currently contains an array of existing exotic trees and shrubs. The proposed pervious or "green" area of the two lots will be 8,170 square feet or 27.1% of the total site. The site is afforded the luxury of access to the Intracoastal Waterway; therefore, the "Water" area will encompass 6,898 square feet or 22.9% of the site. North and south landscape buffers are provided as required by code. The north landscape buffer (along Woobright Road) will be at least seven (7) feet in width. The southern landscape: buffer must be at least five (5) feet in width (see Exhibit "C" - Conditions of Approval). Mature and dense landscaping currently exists between the Riverwalk Shopping Plaza's east property line and Parcel l's western property line. This landscaping consists of Ficus trees and Queen palm trees. This landscape material had been installed, in part, to reduce the visibility of the rear of the Winn Dixie building from the residential communities east of the Intracoastal Waterway in the Town of Ocean Ridge. The applicant and the City recognize that the landscaping functions as a visual barrier between the commercial and residential uses, therefore, Staff has attached a condition to the project's approval that this landscaping remain intact. Any alteration or change to this landscape buffer will require review and approval by the City Forester / Environmentalist (see Exhibit "C" - Conditions of APproval). No new Ficus species are permitted to be installed, however, the existing planets.. may remain in their present location. Although the landscaped or pervious area for the two lots is limited, the landscape material proposed within them is extensive. Two (2) Gumbo Limbo trees are proposed to the north Page 4 Woolbright Grille Restaurant - Site Plan Review Staff Report Memorandum No. PZ 02-102 Building / Site: of the loading area along the northern landscape buffer. Aisc, nine (9) Sabal palm and three (3) Geiger trees are proposed within this buffer area. The proposed shrubs will consist of 37 Fire Bush, 30 Green Buttonwood, and three (3) Copper Leaf. Landscaping along the front of the building (facing Riverwalk Plaza) would include five (5) Coconut palms, three (3) Hong Kong Orchid trees, and three (3) Foxtail palms trees. As previously mentioned, the Ficus and Queen palm trees will remain. The front of the building will also receive a copious supply of Crown of Thorns, Copper Leaf, Green Buttonwood, Grand Crinum Lily, and Schefflera Arborcola. A pedestrian path will connect the restaurant from Parcel I to the parking lot proposed on Parcel 2. The pathway will be developed on the surface area of Parcel 1 and then extend into the Intracoastal Waterway in the form of a boardwalk. The majority of the pathway will be proposed on the ground. That portion of the walkway on the ground will receive an abundance of landscaping on both sides. The plant material includes Xanadu, Grand Crinum Lily, Coconut palm trees, Travelers Trees, and a Variegated Screw Pine tree. The landscaping proposed on the west side of the boardwalk will consist of Xanadu and a continuous row of Fire Bush. A portion of the Fire Bush will be planted on the Riverwalk Shopping Plaza property in order to maintain the continuous row. The landscaping proposed on Parcel 2 (new parking lot area) will be typical in appearance to newly developed parking lots. The landscape plan provides rows of Redtip Cocoplum. Spider Lily, five (5) Gumbo Limbo trees, and six (6) Green Buttonwood trees. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The project will require approval of four (4) variances. The first variance will be to allow a cantilevered awning that will extend (10) feet into the required twenty (20) foot rear setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 7.5 feet. The second variance is to allow the building to be setback twenty (20) feet from the side setback. In a Co3 zoning district, the required side setback is 30 feet for a commercial building that abuts a residential zoning district. The third variance request is to allow a cantilevered awning to extend eight (8) feet into the required thirty (30)-foot side setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 5.5 feet. The fourth variance is to allow a six (6) foot high chain link fence in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district (along the southern property line). Approval of this site plan is contingent upon the granting of the four (4) variances (see Exhibit "C" - Conditions of Approval). The analysis of each variance will be described in the accompanying staff report (ZNCV 02-002). The proposed restaurant building will be two-stories in height. The first floor of the restaurant will contain 5,252 square feet of air-conditioned space. It will contain bathrooms, the kitchen, dining areas, and a bar, Outdoor seating (1,033 square feet) is proposed on the first floor to the rear of the restaurant adjacent to the Intracoastal Waterway. The second floor will contain 2,577 square feet of air-conditioned space for dining areas, a smaller bar, and the mechanical room. A portion of the second floor will be open to the first floor. An elevator would be included in order to meet ADA accessibility requirements. Aisc, two (2) different sets of stairways will be located outside the building. Both stories of the restaurant, including the outdoor seating area will have a total of 210 seats, however, the required parking is based on the gross floor area. The maximum height allowed for new buildings in the C-3 zoning district is 45 feet or 4 stories. According to the west elevation, the peak of the proposed sloped roof of the second Page 5 Woolbright Grille Restaurant - Site Plan Review Staff Report Memorandum No. PZ 02-102 stow will be 30 feet in height. The top of the faux chimney will be 34 feet - eight (8) incheo in height. According to the west elevation, the mean height level of the standing seam metal roof will be approximately 25 feet. Community Design: The proposed architectural building style will be a cross between "Floribbean" and Northeastern Seaside. Although the style of the proposed building does not match the style of the adjacent buildings, the design is compatible with the surrounding b)uilt environment and will generally enhance the overall commercial area. The exterior of the first floor of the building will be made of a blue horizontal (Benjamin Moore #1658)"Hardi-Plank Siding". The greater portion of the exterior of the second stow, however, will be a textured spray stucco surface, colored cream: (Benjamin Moore #1108) with white colored trim, fascia, shutters, and window frames (Benjamin Mooore #870), The banding around the windows will be a smooth stucco finish. The principle building and trim colors (cream / white) are compatible with the colors of the buildings found in the Riverwalk Shopping Plaza. The elevations do not indicate the make or style .regarding the material of the windows. Although the windows, will be made of double pane mpact resistant glass, staff recommends every attempt should be made'to install windows that will reduce the noise levels that can be heard, outside of the building (see Exhibit "C" - Conditions of App_roval). White decorative railings are proposed below some: of the windows to give the appearance of outside porch areas on the second floor, The faux chimneys will be made of wood frames with an exterior surface painted the same color as the building. The roof will be a blue standing seam: elevation i trellis is proposed at the front door, The tre rown in color. Aisc, wrought irons gates will enclose the front "patio" area. No seating is proposed in this front "pat; ........ area; Hunter Green canvas awnings are proposed Ce windows on the west and e~ Road at contents from the line awnings that,will req~ proposed .-e for the s e service area at ground level on the ground level of Woolbright 'ice court to conceal its ht cad. This is one of the According to the floor plan, audio speakers for music will be strategically placed on the outside deck area to enhance the ~ining experience of the restaurant's patrons. Staff recommends that the direction of the ,' :he speakers be pointed towards the restaurant and the the north and east of the subject site (,see Exhibit Conditions of pose of the outdoor lighting ~d on the: outdoor .deck) is more for their decorative value rather than for their ; in enhancing:lighting levels. According to the applicant, the relatively Iow footcandle levels of all lighting fixtures, excluding the outdoor freestanding lighting fixtures in the parking lot, are to enhance the restaurant's ambiance. Signage: separate are. area. si( recommends that ~ s~gnage in the signage must meet uirements of Cha ject property is considered ~gnage for the restaurant is maximum allowable wall signage ant. A "Woolbright Grille" wall sign is [he sign will be 96 square feet in as submitted, however, no Since this is unknown, sta,~ff.. )le with the existing ~ I "C" - Conditions of Approval). /-,,, pment Regulations. Page 6 Woolbright Grille Restaurant - Site Plan Review Staff Report Memorandum No. PZ 02-102 RECOMMENDATION: Staff recommends that this site plan request be approved contingent upon the approval of the corresponding requests for four (4) variances and also subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:\PIanning\SHARED\WP~ROJECTS\Woolbright GrillXaNWSP 02-004.\Staff Report.doc Location Map Woolbright Grill EXHIBIT "A" I 400 0 400 Feet .~ ~ W E S EXHIBIT "B" li }{ .WOOLBRIGHT GRILLE R1-VERWALK SHOPPING PLAZA US H~ 1 A~N'D WOOLBRIGHT ROAD BgSCN~I'ON ?~_~%~'~, I~AI.J~ P~C~I COUNTY, .°EXHIBIT "B" I l i WOOLBRIGHT GRILLE 7O0 WOOI..BRIGHT ~ BOYNTON BEACH, FI. 334~ Z :II il i i 'I SLATTERY AND ~IATES ,.., ,iI ii!il ii- EXHIBIT "B" FRONT AND RIGHT $1O~ ~ELEVATION$ ~" !"'~'~ ' 'II EXHIBIT "B" :[ :1 RF_.,AR AND LI~FT SIDE ELEVATIONS ~ ~ d-~ ~. t 1~ .1 I 700 wOOL~RIC, h~r ~ SLA'I'rERY AND ASSOCIATES ~ jjl~lT.l'~J~.-!l I BOYNTO~BEAC~I,R. 334~ . ] j crrY c~ BOYN'mN B~Ca, ~.OR~DA ~ l::l ~:~ J ijJ ~ ~ EXHIBIT "B" FIR~I' FLOOR PI.AN WOOLBRIGHT GRILLE ?00 ~ RQ~D ~ ~ SLA'rTERY AND ASSOCIATES SECOND FLOOR Pt,AN SLATTERY AND ASSOCIATES IBIT "B" FIRST FLOOR SEATING Pt,AN 111tl II WOOLBRIGHTGRILLE -~ ~, 700 WOOI..BRIC-.-.-.-.-.-.-.-.-~T ROAD o~ '";'~1' '1 /i EXHIBIT "B" // // , i !t - Z EXHIBIT "B" SECOND FLOOR SEATII' ~, !'., .~t WOOLBRIGHT GRILLE 7O0 WOOl. BRIGHT ROAD CITY O~ ~:~q, ITON BEACH, FLORIDA SLATTERY AND ASSOCIATES i[i i i ~ EXHIBIT "B" / / / WOOLBRIGHT GRILLE CITY OF BOYNTON BEACH. FLORIDA SLA'FTERY AND ASSOCIATES ~'WgOLJ~I~IGNT F~OA~ EXHIBIT "B'~/ f I T" WOOLBRIGHT GRILLE Crl'~ OF BOYNTON BE,ACH, FLORIDA / / I I ~,~ SLATTERY AN ASSOCIATES EXHIBIT CITY OF BOYNTON 8~.CH, FLORIDA / / EXHIBIT "B': WOOLBRIGHT GRILLE BOYNTON BEACH, R. 3343~ [~ SLA3'TERY AND ASSOCIATES -_-2-L-'T'- ,: EXHIBIT "C" Conditions of Approval Project name: Woolbright Grille Restaurant File number: NWSP 02-004 Reference: 3rd review revised plans identified as NWSP 02-004 a May 10, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. 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. POLICE Comments: None X ENGINEERING DIVISION Comments: 2. At the time of permitting, specify storm sewer diameters, inlets types, etc. X on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer and exfiltration systems. Indicate material specifications for storm sewer (LDR, Chapter 4, Section 7.F.1.). 3. At the time of permitting, provide verification that there are no laterals X tying into the storm sewer noted to be abandoned, preferably by video. If laterals exist the storm sewer must either be sleeved under the building or relocated. If there are no laterals, the storm sewer may be abandoned in place, however, it shall be bulkheaded at each end and grouted, the storm sewer under the restaurant shall be removed. COA 06/07/02 2 DEPARTMENTS INCLUDE REJECT 4. Provide an engineer's certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. 5. At permitting, indicate by note that the catch basin and manhole covers X shall be bicycle proof (LDR, Chapter 6, Article IV, Section 5.A.2.f.). 6. An irrigation plan will be required at the time of permitting. X 7. Show sight triangles graphically on the site plan and landscaping plan. X This should only be necessary at the south parking area. The site triangles shall link with the property line. Show on Sheet L-Z. 8. At the time of perrnitting, on the lighting plan, specify that the light poles X shall withstand a 110 MPH wind load. Add a note that the fixtures shall be operated by photo-electrical 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.)o The lighting plan shall be designed specifically to minimize light intrusion onto residential properties on the east side of the Intracoastat Waterway. 9. A lighting plan including pole wind loading and pole details in X 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 t required at the time of permitting. 10. At the time of permitting, indicate to what standard(s) the project is to be X constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications I are recommended since they contain both English and Metric units. 11. Show signing and how traffic flow will be handled (one-way to two-way X traffic). 12. Due to the requested (by variance) relocation of the restaurant to the X north, it is necessary to reconfigure the proposed retention swale. The new swale shown on the 3rd review plans appears to be smaller than that shown on the 1 st and 2"a review plans. Additionally, the Engineer did not make any changes or corrections to the "Drainage Calculations" shown on this page. Please reflect the changes to the drainage calculations and provide a detail of the proposed retention swales. COA 06/12/02 3 DEPARTMENTS INCLUDE REJECT 13. Indicate how seawall will be repaired and/or replaced. X 14. Provide proof of agreement for dumpster sitting / construction. X BUILDING DIVISION Comments: 15. Add a labeled symbol to the site plan drawing that identifies the location X of the handicap accessible parking spaces. The quantity of the spaces shall be consistent with the regulations specified in the Florida Accessibility Code for Building Construction. The accessible parking spaces that serve a use shall be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance..The Florida Accessibility Code for Building Construction states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. Florida Accessibility Code for Building Construction, Section 4.1.2(5), 4.3, 4.6. 16. Add a labeled symbol to the site plan drawing that represents and X delineates the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to the building. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that is 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 requ/red by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. 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. 17. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 1997 edition of the Standard Building Code. 18. Identify on the site plan drawing the actual distance that the building(s) X (is/are) set back from the north, east, south and west property lines. Please note that overhangs, covered walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered COA 06/07/02 4 DEPARTMENTS INCLUDE REJECT when identifying building setbacks. 'Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified in the Zoning Code or be reduced through variance approval. Identify whether the areas located on the north, east and west sides of the building are covered. Also, indicate the use of the area. 19. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 20. Add to the drawing the calculations that were used to identify the X minimum number of required handicap accessible parking spaces. Also, state the code section that is applicable to the computations. 21. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 22. At the time of permit review, submit an addressing plan for the project. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST 1 Comments: 23. The adjoining property immediately South of the proposed parking lot X area contains State protected mature Mangrove trees. There are limbs of some of these trees that overhang the proposed parking area and may be damaged during site construction. The owner should take the appropriate actions to properly trim these Mangrove trees by an authorized Mangrove tree trimmer. This activity should be completed prior to clearing and grubbing the site. 24. The applicant must meet w/th the City Forester to coordinate the removal X of any existing Ficus trees and / or Queen Palm trees East of the River walk Plaza, as noted to occur on the landscape plan. This would be under the guidelines of providing the same quantity of originally approved trees for replacements along the landscape buffer. PLANNING AND ZONING Comments: 25. Approval of this site plan is contingent upon the granting of the four (4) X COA 06/07/02 5 DEPARTMENTS INCLUDE REJECT requests for variances. Those requests are as follows: · Relief from Chapter 2, Zoning, Section 4. J. 8, to place a cantilevered awning on a building wall projecting ten (10) feet in' the required twenty (20) foot rear setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 7.5 feet for a restaurant in a C-3 zoning district. · Relief from. Chapter 2, Zoning, Section 6.C.3., requiring a minimum side setback of thirty (30) feet, to allow for a variance often (10) feet, and a side setback of twenty (20) feet for a restaurant abutting a residential zone in a C-3 zoning district. · Relief from Chapter 2, Zoning, Section 4. J. 8, to place a cantilevered awning on a building wall projecting eight (8) feet in the required thirty (30) foot side setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 5.5 feet for a restaurant in a C-3 zoning district. · Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high chain link fence with landscaping along the southernmost property line in lieu of the required six (6) foot high stucco masonry buffer wall to separate a commercial district from the abutting residential district. 26. This project will require evidence of a cross access agreement with the X property to the west (Riverwalk Plaza). 27. The applicant must obtain authorization from all applicable governing X bodies (including but not limited to the U.S. Army Corps of Engineers) prior to the issuance of any permits for the construction of a dock and boardwalk that protrudes beyond the seawall. 28. A traffic impact study is required and must be approved by Palm Beach X County Traffic Division prior to the issuance of a building permit. 29. All improvements (such as the construction of a 5-foot wide boardwalk, X the relOcation of dumpster enclosure, the installation of new terminal landscape islands, and the installation of one (1) new handicap parking stall) proposed outside the subject parcels' property line must have consent from Riverwatk Plaza. Provide documentation that these improvements are acceptable to Riverwalk Plaza. Staff will review these through the minor site plan modification review process after this project ('NWSP 02-004) is approved by the City Commission. The owner of Riverwalk Plaza shall initiate the minor site plan modification and it must be approved prior to the issuance of a building permit. 30. Include a color rendering of all four (4) elevations prior to the X Community Redevelopment Agency Board meeting (Chapter 4, Section COA 06/12/02 6 DEPARTMENTS INCLUDE REJECT 7.D.2.). The north elevation should show the CBS wall that hides the loading area. 31o All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers, shall be visually screened (Chapter 9, Section 10.CA.). Equipment placed on the walls of the building shall be painted to match the building color. 32. The three (3) Geiger trees proposed in the north landscape buffer are X required to be installed at minimum 12 feet overall height. In addition, the Fire Bush proposed outside the north property boundary cannot be counted toward meeting minimum landscape requirements on-site and must obtain authorization fi:om the applicable regulatory body to install said plants. 33. Staff recommends that the applicant utilize the most effective method to X ensure that lighting will not face or "spill" onto the residential properties (to the east). Show the location of the lighting fixtures on the site plan or landscape plan. 34. Staff recommends locating the outdo6r speakers and directing the sound X in such a way so that it does not create a nuisance to the residential properties to the north and to the east. 35. Staff recommends that the glass / windows used in the design of the X building be of a variety that reduces the likelihood of outside noise at a . volume that could potentially be heard by the adjacent residential communities. 36. Staff recommends a sign style and sign color that will be compatible with X the existing signage in the Riverwalk Shopping Plaza. 37. A landscape buffer five (5) feet in width shall be required along the south X side of the proposed parking lot on Parcel 2. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS: Comments: 38. Condition #17 shall be revised as follows: Place a note on the elevation X view drawings that the wall openings and wall construction comply with the 2002 Edition of the Florida Building Code. COA 06/12/02 7 DEPARTMENTS INCLUDE REJECT 39. The placement of the proposed signage shall be limited to wall area only X and not the roof as shown on the west elevation. Since a roof sign is not permitted by code, the applicant could place a wall sign on the north elevation to break up the great expanse of wall area on that fa¢ade. If the applicant chooses to not place a sign on the north building facade, then a faux window or other architectural feature shall be used. 40. Since the roof sign will be removed, it should be replaced by X architectural features such as dormers in order to break up the great expanse of roof area. 41. The service area shall always be maintained so that it is clean and orderly. X 42. Sound system limited to soft background music and not for restaurant X announcements nor live amplified music. No outdoor live music. 43. Public access to boardwalk shall be allowed in connection with greater X public system if/when that system is implemented along waterfront. 44. Landscaping at northwest corner of project (located in front of service X area) shall be extended westward. 45. Existing dumpster enclosures on the Riverwalk project shall be gated. X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 46. To be determined. S:\Planning\SHARED\WP\PROJECTS\Woolbright GrilI\NWSP 02-004\COA.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Woolbright Grille Restaurant Joe Peterson / Slattery & Associates 2060 NW Boca Raton BIvd, Suite 2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: South side of Woolbright Road, just east of Riverwalk Plaza and west of the Intracoastal Waterway SEE EXHIBIT "B" ATTACHED HERETO. DRAWING(S): 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 Community Redevelopment Agency, which Agency 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. 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\SHAP, ED\WP\PROJECTS\Woolbdght GdtI\NWSP 02-004\DO.doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM E.7 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 Date Final Form Must be Tumed in to CiW 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 [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 18, 2002 City Commission Agenda under Consent Agenda, as tabled to the August 6, 2002 meeting. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be tabled, due to the absence of the applicant, to its July 9, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-105. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: M&L Roofing (MSPM 02-003) Riza N. Attan, P.E. Mel Lowe 630 Industrial Avenue Request for a major site plan modification to add 8,283 square feet to a 2,275 square foot existing light industrial warehouse building for a total of 10,558 square feet on a 0.64- acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D'~-,~~mcatt~ D e~p a ~rt~e~n-: Director Planning and Zor{m~ Director City Attorney / Finance / Human Resources SSPlanning~SHARED\WPXPROJECTS~VI&L Roofing'xAgenda Item Request M&L Roofing 6-18-02.dot S:X,BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-105 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND cITY COMMISSION May 30, 2002 DESCRIPTION OF PROJECT Project Name/No,: M&L Roofing / MSPM 02-003 Property Owner: Mel Lowe Agent: Riza N. AItan, P.E. / Turquoise Incorporated Location: 630 Industrial Avenue Land Use: Industrial (I) Zoning: Light Industrial (M-l) Project size: Site Area: Lot Coverage: Existing building: Proposed buildinq: Total building area: 27,930 square feet (0.64 acres) 10,558 square feet (37.8%) 2,275 square feet 8.283 square feet 10,558 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North: Developed property (RidgeWay Plumbing) with a Industrial (I) land use designation and zoned Light Industrial (M-l); South: Developed property (Migano Landscaping) with a Industrial (I) land use designation and zoned Light IndUstrial (M-l); East: C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West: Industrial Avenue right-of-way, farther west is developed property (Warehouse) with a Industrial (I) land use designation and zoned Light Industrial (I). Proposal: Mel Lowe proposes to construct a one-stow 8,283 square foot addition to an existing 2,275 square foot one-stow warehouse building for a total of 10,558 square feet. The new addition will be used for warehouse area. Warehouses are permitted uses in the M- I zoning district. Site Characteristics: The subject property is a rectangular shaped lot located on the east side of Industrial Avenue. Currently, the western third (1/3) of the subject lot is developed with a building and its respective parking area. The original building is 2,275 square feet in area and was built in 1984. According to City records, the business is currently licensed as a contractor. The eastern two-third (2/3) of the lot is undeveloped and contains overgrown vegetation. The exterior portions of the property are used for the storage of large amounts of mechanical equipment (strewn across the lot), work trucks, and miscellaneous debris. According to the survey, the highest elevation is 17.2 feet above sea level, located towards the rear (east) of the vacant portion of the lot. Concurrency: a. Traffic- A traffic impact study for this project was submitted and sent to the Palm Beach Page 2 M&L Roofing - Major Site Plan Modification Staff Report Memorandum No. PZ 02-105 b. Drainage- Driveways: Parking Facility: Landscaping: County Traffic Division for their review and approval. The Palm Beach County Traffic Division has not yet determined that the project meets the Traffic Performance Standards of Palm Beach County. This determination will be required prior to the issuance of a building permit for the addition (see Exhibit "C" - Conditions of Approval). Conceptual drainage information was provided for the City's review. The plan will incorporate the use of a French Drain system. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. This project wil use the existing main access point off of Industrial Avenue. This point of ingress / egress will remain intact at 25 feet in width. Also, all existing landscape material will remain in its current condition. Where necessary, all landscape material located within the safe-sight triangles will be cleared, removed, or trimmed according to Ci.ty standards so that the triangles provide unobstructed cross-visibility. Any additional or required signage or striping (stop bar / arrows) at this entranceway will be prepared according to code requirements. According to the plan, seven (7) parking spaces currently exist :at the western portion of the property near Industrial Avenue. Parking required for the project is based on a ratio of one (1) parking space per 500 square feet of gross floor area, which is the minimum required for manufacturing uses. Since 10,558 square feet are proposed (2,275 square feet of existing space plus the 8,283 square foot building addition), a total of 22 parking spaces are required. Of the 22 parking spaces that will be provided, one (1) space is designated for handicap use. All existing and proposed parking spaces will be 90 degrees. They will be dimensioned nine (9) feet in width by 18:feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. Since the project is within the Community Redevelopment Agency (CRA) boundaries, the backup distance for tl~e new parking spaces may be reduced from 27 feet to 24 feet in width (over 41 feet will be provided). The Plan could have provided more spaces but instead, proposes two (2) more interior landscaped islands, in part, because Public Works determined that no dumpster would be required for the project as proposed. However, a space within the proposed row of parking has been designated as reserved for the fire vehicle turn-around area. This element of the plan has been endorsed and approved by the City Fire Department. This space was not included in the proposed number of parking spaces. A chain link fence runs along the perimeter of the property; A security chain link gate is proposed at the front entrance. This gate will have an electronic key pad. The key pad will have 4 or 5 numbers only and the entry code will be approved in advance by the Fire Marshall. if the power fails, the gates will automatically open and remain.open. The rolling chain link gate and fence shall comply with Chapter 2, Section 4.J. of the Land Development Reguations. The width of the existing west landscape buffer adjacent to the Industrial Road right-of- way complies with current landscape code. This landscape buffer currently contains mature trees and overgrown hedges. The Mahogany trees will count toward meeting the minimum number of trees on-site. As previously stated, the landscape material in this buffer will be undisturbed unless the proposed improvements require its alteration. Page 3 M&L Roofing - Major Site Plan Modification Staff Report Memorandum No. PZ 02-105 The north landscape buffer (abutting industrial zoned property) will be two (2) feet - six (6) inches in width. This buffer will contain the existing shrubs at the western portion of the property but proposes Redtip Cocoplum hedges immediately where the improvements begin. Two (2) Dahoon Holly trees are proposed in the interior landscape islands and a cluster of Sabal palm trees are proposed just north of the westernmost part of the building expansion. The M,1 zoning district has no side setback. The existing building is currently two (2) feet from the side (southern) property line. The proposed building expansion will extend from the existing building at the same setback along the soUthern property line. No landscape buffer is proposed along the southern property line, which is not required where there is no vehicular use area. The east buffer (rear) property line will contain only a row of Redtip Cocoplum hedges as it is not wide enough to accommodate shade trees. Building ! Site: Similar to the existing building, the proposed addition will be one-story high. The maximum height allowed for new buildings or additions in the M-1 zoning district is 45 feet or 4 stories. The top of the wall for the proposed addition will be 19 feet - six (6) inches in height, which will match the existing building height. The north side of the building addition will have six (6) overhead bay doors. At this time, the intent of the project is to construct the building addition as a shell with no provision for subdividing into condominiums or leasing out to individual tenants. The applicant understands that converting the building to this type of facility (individual tenants) would necessitate another site plan review. During that review process, the site would need to be upgraded in order to comply with all applicable codes (Land Development Regulations, Florida Building Code, American with Disabilities Act, etc.), such as requiring a trash enclosure(s), the installation of firewalls, designation of appropriate easements, and possibly replatting. Community Design: The existing building and proposed addition will appear like typical warehouse buildings with a simple design and little architectural enhancement features. The color and surface of the exterior walls of the building addition will match the existing building. According to the elevations, the walls will be painted "soft cranberry" (Benjamin Moore #2094-40) on the stucco finish. The majority of new overhead bay doors will face north and not the Industrial Avenue right-Of-way. Signage: No monument sign or new wall signs are proposed. RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. The TechniCal Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:LPlaaning\SHARED\WI~PROJECTS'~/I&L Roofing\Staff Report,doc Location Map M & L ROOFING EXHIBIT "A" 400 0 400 800 1200 1600 Feet EXHIBIT "B" TURQUOISE, Inc. J EXHIBIT "B" --L I TURQUOISE, Inc. EXHIBIT "B"- I 1 TURQUOISE, Inc. EXHIBIT "C' Conditions of Approval Project name: M & L Roofing File number: MSPM 024)03 Reference: 2nd review plans identified as Major Site Plan Modification file # 02~003 with a May 10, 2002 Plannin~ and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. City Ordinance (CODE, Chapter 10) requires that arrangements be made X with the Public Works Department for any waste disposal associated with this site plan. Please contact the Public Works Department (561-742-6200) regarding the storage and handling of refuse. Roll-out trash pickup will be allowed in lieu of a dumpster and enclosure. The applicant represents that use of roll-out pickup is adequate to meet the needs of this commercial establishment now and in the future. No more than two (2) roll-outs will be allowed for this site, to coincide with the one utility service provided. The applicant acknowledges that changes ta this site and building use, resulting in an increase in trash volume and/or building occupancy, will require re- evaluation of the need for a dumpster and enclosure. Should said changes occur in the future it will be the sole responsibility of the applicant to provide the needed facilities (i.e. dumpster and enclosure). Multiple roll- outs for multiple tenants shall not be allowed. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. 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)). Comments: None X POLICE Comments: None X COA 06/04/02 2 DEPARTMENTS INCLUDE REJECT ENGINEERLNG DIVISION I Comments: 3. A lighting plan including photo metrics, pole wind loading, and pole details X in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article 1, Section 5.B.7 and Chapter 23, .&,'ticle II, Section A will be required at the time of permitting. If possible please provide this information as part of your TRC plan submittals - it is much easier to identify and correct any deficiencies now than while you are waiting on a permit. 4. At the time of permitting, specify inlet types, etc. on drainage plan. Indicate X invert elevations for ail structures. Indicated grade of storm sewer segments. Provide details for proposed inlets (LDR, Chapter 6, Article IV, Section 5.A.2.f). BUILDING DIVISION Comments: 5. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking spaces and the accessible entrance doors to each tenant space. The symbol that is required to be installed along the path shall start at the accessible parking spaces and term/nate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessibility Code for Building Construction. 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 lirrfited to, providing finish grade elevations along the path of travel. 6. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 Florida Building Code]: a) The design professional-Of-record for the project shall add the following COA 06/04/02 DEPARTMENTS INCLUDE REJECT text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 7. Indicate on the site plan within the floor area of the new and existing X building the primary use of the structure/faciliW. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At time of permit review, submit for review an addressing plan for the X I project. I 10. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construct/on proposed with the subject request. PARKS AxND RECREATION Comments: None X FORESTER Comments: None X PLANNING AND ZONING Comments: 11. Prior to the issuance of a building permit, the project must receive approval X from the Palm Beach County Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. 12. The designated Future Land Use is Industrial (I) and zoning district for the X subject property is Light Industrial (M-I) and should be indicated as such in the site plan tabular data. COA 06/12/02 4 DEPARTMENTS [NCLUDE REJECT 13. The survey (or site plan) must identify the Official Zoning District and X Furore Land Use designation for the adjacent properties (Chapter 4, Section A.3.). 14. Provide a detail of proposed outdoor lighting structure(s), including the X dimensions, color, and material. 15. Include a color rendering of all elevations prior to the Community X Redevelopment Agency meeting (Chapter 4, Section 7.D.2.). 16. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 17. Tabled to July 9, 2002 meeting. X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 18. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJ ECTS\M&L Rooing\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: M & L Roofing Riza N. Altan, P.E. / Turquoise, Inc. 1253 Okeechobee Road, Suite A-2 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 630 West Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 33401 X THIS MATTER came before the City Commission of the City of Boynton Beach, FIodda appearing on the Consent Agenda on the date above. The City COmmission hereby 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 n accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\S HARE D\WP\PROJ ECTS\M&L Roofing\DO.doc City Clerk Requested City Commission Meetine Dates VII.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned ~n ro Cit3 Clerk's Office [] March 19,2002 March 6, 2002 (5:00 p.mJ) [] May 21, 2002 May 8, 2002 (5:00 p.m.) [] April 2. 2002 [] April 16. 2002 [] May 7, 2002 NATURE OF AGENDA ITEM March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [] June 18. 2002 June 5, 2002 (5:00 [] July 2, 2002 June 19, 2002 (5:00 p~ [] Administrative [] Development Plans .... r [] Consent Agenda [] New Business -- ~_2~'4{ [] Public Heating [] Legal ~: [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of May 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinan~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC ZZ rno Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGEN DA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ~n 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 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 [] Presemafion [] City Manager's Report RECOMMENDATION: Motion to approve URS Corporation as the number one ranked firm and to begin contract negotiations for the PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ# 041-2413-02/KR. EXPLANATION: A "Request for Qualifications" (RFQ) was publicly advertised February 24, 2002. Qualification responses were opened April 1, 2002; respondents are listed below in alphabetical order: · Boyer-Singleton & Assoc., Inc. · CH2M Hill · Glatting, Jackson, Kercher Anglin Lopen Rinehart, Inc. · Greenhome & O-Mara, Inc. · Kimley-Hom & Assoc., Inc. · Land Design Innovations, Inc · PBS&J · The RMPK Group, Inc. · URS Corp A "first-round" public evaluation was conducted April 26, 2002 by a committee consisting of John Wildner, Parks Dkector, Laurinda Logan, P.E., Civil Engineer, Barbara Meacham, R.L.A., Park and Landscape Planner, Kevin Hallahan, Forester/Environmentalist, and Michael Fitzpatrick, Fire Fighter. Also assisting the evaluation committee as advisors were Wilfred Hawkins, Assistant City Manager, Karen Riseley, Purchasing Buyer and Regina Hagger, GIS Coordinator. The RFQ's were reviewed, rated, and averaged (see Attachment A). The top four rated firms, Glattmg, Jackson, Kercher Anglin Lopen Rinehart, Inc., Green_home & O'Mara, Inc. Land Design Innovations, Inc., and URS Corporation were invited to prepare a presentation for the committee and the public, which was done on May 22, 2002. The four fnxns were ranked in this order: 1. URS Corporation 2. Greenhome & O'Mara, Inc. 3. Glatting Jackson Kercher Anglin Lopen Rinehart, Inc. 4. Land Design Innovations, Inc. PROGRAM IMPACT: This project is being initiated as the City desires to prepare a plan to incorporate all aspects of greenway/bikeway planning. The f'mal Master Plan will include a description of its relation to the City's Furore Land Use Map, transportation and recreational facilities, shopping and employment centers, and other regional or local bicycle facilities. It will include recommendations for design guidelines, mapping, parking, and potential funding. Maps generated will be compatible with the City of Boynton Beach's Geographical Information System (GIS). S:LBULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The plan will also address the diversity of users by incorporating both on-street and off-street facilities and will incorporate quality of life, property value, and safety issues related to the development of on- and off-street facilities. The plan will provide detailed strategies and work plans for accomPlishing public land acquisition, public and private land management, re.creation, education and interpretation, information management, and program funding. URS Corporation (LrRS) has perfbrmed in a satisfactory manner on many projects of a similar nature. The selection comrmttee considers URS competent and well qualified to perform this project. The committee is now seeing approval to begin contract negotiations with URS Corporation. FISCAL IMPACT: Funds in the amount of $60,000.00 are available for the proposed Greenway/Bikeway Master Plan in Account Number 302-4902-580.31-30. The assigned project number is Capital Project #0260. Fees will be negotiated with the recommended consultant as near to the budgeted amount as possible. ALTERNATIVES: To date no comprehensive survey and evaluation has been made of open spaces and corridors throughout the City which could be linked to form a cohesive greenway/bikeway system. Preparation of a City-Wide Greenway/Bikeway Master Plan would allow Staff to maximize public participation, land acquisition opporUmities, greenway/bikeway capital improvement prioritization, and the pursuit of grants and alternative funding. Staff does not have the personnel or expertise in all the required areas to perform the desired study. The other alternative, "Do Nothing", does not address the needs and desires of the public and City to expand recreational opportunities, preserve nature, and improve transportation throughout Boynton Beach. ' "' [,~eff~y l~rgood, P.E. R. Public Works Department City Manager's Signature City Attorney / Finance / Human Resources cc: Laurinda Logan, P.E., Civil Engineer Evaluation Comrmttee Members Procurement Services File S:~BULLETINXFORMSkAGENDA ITEM REQUEST FORM.DOC m m Z '-I ITl 0 rtl C= 0 rn Z C~ ITl ITl ITl ITl Z '-'1 ~ ~z _z z ~ ~ ~ × z ~ ~ 0 - o o Om ~ 0 ~ z~ c z m > m c 0 ~ z z m 0 ~ z m ~m ~ _~, , m~ ~ zz ~ ~~, o~ m mO o~ ~ m z m w> m m m m ~ ; -- m z O~ m ~'0 ..~~~ O~ ~m < zz ~ m ~> m m m m ~ m ~z 0 o N 0 Om m 0 ~ - mo ~ ~~. 0 ~ ~ ~ ~ ~ ~ Z ~m m ~ m ~ m m m m ~ m ~ zz m m° z -n-nm '11 000 :~00 ~ZZ ¢oZZ OOO mm ~> ~.~.> m Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16.2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ciw Clerk's Office March 6, 2002 (5:00 p.m:) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m3 April 17.2002 (5:00 p.m.) 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.) 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: Approve Commissioner McCray and Comamissioner Fisher's request to allocate $500c~ch f~m>~ their discretionary fimds to the Boynton Beach CDC. -- EXPLANATION: Commissioner McCray and Comm/ssioner Fisher requested that $500 of their discretionary funds be allocated to the Boynton Beach CDC for a martial arts trainmg camp for youth. PROGRAM IMPACT: FISCAL IMPACT: Funds are available in the 2001-2002 Budget ALTERNATIVES: Not approve allocation of funds. Department Head's Signature City Manager s Slgna e Department Name City Attorney Finance Human Resources S:~BULLETINLFORMS~AGENDA ITEM KEQUEST FORM.DOC Requested City Commission Meeting Dat~.. [] March 19. 2002 ['-]' April 2, 2002 [] April 16,2002 [] May 7, 2002 VIII, - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW 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 Meetin~ 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.) lune 5, 2002 (5:00 p.m.) June 19. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Unf'mished Business [] Presentation Continuation of the discussion concerning water rate chart options. EXPLANATION: The City Commission asked for some additional options. That statistical analysis is attached hereto. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's S[~nature statistical analysis on water rate chart City Manager's Signature UTILITIES Department Name S:,~BULLET1NNFORMS~,AGENDA ITEM RJEQLrEST FORM.DOC City Attorney / Finance / Human Resources CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: June 10, 2002 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Additional Rate Statistics Modification to Water Usage Rate Structure Based upon a discussion by the City Commission at their May 21, 2002 regular meeting, we have put together some additional, detailed statistics on the effects of the rate table modification which were not part of the original Water, Wastewater and Stormwater Rate Study Final Report. Attached are four additional charts. They include: · A comparison of monthly residential water bills, in 1000-gallon increments, for the current rates vs. the three rate alternatives. · A comparison of monthly commercial water bills, in 1000-gallon increments, for the current rates vs. the three rate alternatives. A graphical breakdown of single family dwelling unit usage (during April 2002) as that usage fell within the current rate blocks. · A graphical breakdown of commercial customer usage (during April 2002) as that usage fell within the current rate blocks. [Please keep in mind that Alternative 1 has its highest rate block increasing significantly at the 50,000 gpm level, Alternative 2 has its highest rate block increasing significantly at the 35,000 gpm level, and Alternative 3 has its highest rate block increasing at the 30,000 gpm level]. What we find is that (except at the 3000 and 4000 gallons of usage per month level), even under Alternative 3, the family of 8 that uses 30,000 gallons of water per month, will see their monthly water bill decrease $1.66 per month/ This is because, under all three rate alternatives, the first rate block is at a much lower rate. It is not until usage gets up to 33,000. gallons per month on the Alternate 3 chart that the family of 8 (or any size family for that matter) could actually see their monthly water bill go up. And even then, it is just about one penny per day. As can be seen on the Alternate 3 rate chart, a family of 8, using 33,000 gallons of water per month would pay just $0.35 more per month. It is a similar situation for the commercial customers. The Alternate 3 rate structure does not increase the monthly bill until the commercial user reaches the 33,000 gallons per month usage level. And then, it increases to just $0.36 more per month. The City Commission asked if we could provide a breakdown of the residential and commercial customer usage as it falls within the existing rate blocks. The two attached color graphs provide that information. Please notice the color chart comparing single family dwellings. It shows us that 4.92% of the single family dwellings fall into the 26K-50K usage block, but that they comprise 16.76% of the consumption. It is even more dramatic at the higher usage levels. Just 0.74% of our households fall into the 51K-75K usage block, but they make up 4.66% of the consumption. And just about % of 1% of our households fall in the highest rate block, but they make up nearly 11% of the consumption (10.91%). These are the folks that we are going after to reduce their consumption through the modified rate structure. I hope that this additional information is helpful for you and the City Commission. I will be in attendance at the June 18th meeting to answer any questions that might come up. Dale S. Sugerman Assistant City Manager cc: Members of the Water Resources Leadership Team Water Usage (Gal./Mo.) 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 47 48 49 50 TABLE a CITY Of BOYNTON BEACH, FLORIDA COMPARISON OF MONTHLY RESIDENTIAL WATER BILLS Existing Water Bill $6.65 $6.65 $6.65 $6.65 $8.23 $9.81 $11.39 $13.05 $14 71 $16.37 $18.12 $19.87 $21.62 $23.47 $25.32 $27.17 $29.13 $31 .O9 $33,05 $35.01 $36.97 $38.93 $40.89 $42.85 $44.81 $46.77 $48.85 $50.93 $53.01 $55.09 $57.17 $59.25 $61.33 $63.41 $65,49 $67.57 $69.65 $71.73 $73.81 $75.89 $77.97 $80.05 $82.13 $84.21 $86,29 $88.37 $90.45 $92.53 $94.61 $96.89 $98.77 Alternative Water Bill $4.00 $5.15 $6.30 $7.45 $8.60 $9,75 $10.90 $12.05 $13.20 $14.35 $1'6.31 $18.27 $20.23 $22.19 $24.15 $26.11 $28.07 $30.03 $31.99 $33.95 $35.91 $37.87 $39.83 $41.79 $43.75 $45.71 $47,67 $49.63 $51.59 $53.55 $55.51 $57.47 $59.43 $61.39 $63,35 $65,31 $67.27 $69.23 $71.19 $73.15 $75.11 $77.07 $79.03 $80.99 $82~95 $84,91 $86:87 $88L83 $90~79 $92,75 $64;71 NO. 1 Increase/ (Decrease) ($2.65) ($1.5o) ($0.35) $0.80 $0.37 ($0.06) ($0.49) ($1.00) ($1,51) 52.02) $1:81) ($1.60) ($1.39) ($1.28) ($1.17) ($1 .o6) ($1.06) ($1,o6) ($1.06) ($1.06) ($1.06) ($1 .o6) ($1.06) ($1.06) ($1.06) ($1.06) ($1,181 ($1.301 ($1.42~ ($1.54) ($1.66) ($1.78) ($1.9o) ($2.02) ($2.14) ($2.26) ($2.38) ($2.50) ($2.62) 1 ($2.74)I ($2 ~86) ($3.1o)I ($3,22)1 ($3.34)~ ($3 ($3.58) ($3.70) ($3,82) ($3.94) ($4.06) Alternative No, 2 (2) Water Increase/ I Water Bill (Decrease) I Bill $4.00 ($2.65) 1 $4.00 $5.15 ($1.50) $5.15 $6.30 ($0.35) $6.30 Alternative No. 3 (3) $7.45 $8.60 $9.75 $10.90 $12.05 $13.20 $14.35 $16.31 $18.27 $20.23 $22.19 $24.15 $26.1 $28.07 $30.03 $31.99 $33.95 $35.91 $37.87 $39.83 $41 $43.75 $45.71 ~7.67 $49.63 $51.59 $53.55 $55.51 $57.47 $59.43 $61.39 $63.35 $65.31 68.O6 70.81 $73.56 $76.31 $79,06 $81.81 $84.56 $87.31 $90.06 $92.81 $95.56 $98.31 $101.06 $103.81 $io6156 $0.80 $7.45 $0.37 $8.60 ($0.06) $9.75 ($0.49) $10.90 ($1.00) $12.05 ($1.51) $13.20 ($2.02) $14.35 ($1.81) $16.31 ($1.60) $18.27 ($1.39) $20.23 ($1.28) $22,19 ($1.17) $24.15 ($1,06) $26.11 ($1,06) $28,07 ($1.06) $30.03 ($1.06) $31.99 ($1.06) $33.95 ($1.06) $35.91 ($1.06) $37.87 ($1.06) $39.83 ($1.06) $41.79 ($1,06) $43:75 ($1.06) $45.71 ($1.18) $47167 ($1.30) $49;63 ($1.42) $51.59 ($1.54) $53.55 ($1.66) $55~51 ($1.78) $58.26 ($1.90) $61.01 ($2.02) $63.76 ($2,14) $66.51 ($2.26) $69.26 ($1.591 $72.01 ($04921 $74.76 ($0.25~ $77.51 $0.42 $80.26 $1.09 $83.01 $1.76 $85.76 $2.43 $88.51 $3.10 $91.26 $3.77 $94.01 $4,44 $96.76 $5.11 $99.51 $5.78 $102.26 $6.45 $105.01 $7.12 $107.76 $7.79 $110.51 Increase/ (Decrease) ($2.65) ($1~5o) ($0.35) $0.80 $0.37 ($0.O6) ($0.49) ($1,00) ($1.51) ($2,02) ($1.81) ($1.6o) ($1.39) ($1,28) ($1.17) ($1.06) ($1.06) ($1,06) ($1.06) ($1.o6)~ ($1 ,o6) ($1 .o~ ($1 .o~ ($1 ($1 ($1 ($1 ~18) ($1.30) ($1.42) ($1,54) ($1:66) ($0.99) ($0132) $0.35 $1 .O2 $1.69 $2,36 $3.03 $3.70 $4.37 $6.04 $5,71 $6,38 $? .05 $7.72 $8.39 $9.06 $9.73 $10.40 $11.07 $11.74 (1) Alternative is structured to be most revenue neutral; however, it has the least cushion for effects associated with price elasticity of demand at higher usage levels than shown. (2) Altemative has somewhat increased cushion over Alternative No, I for effects associated with price elasticity of demand at higher usage levels than shown. (3) Alternative has somewhat ,increased cushion over Alternative No. 2 for effects associated with price elasticity of demand at higher usage levels than shown. Family of 8.xls Residential 05130/2002; 3:37 PM TABLE B CITY OF BOYNTON BEACH. FLORIDA COMPARISON OF MONTHLY COMMERCIAL WATER BILLS Water Existing Usage Water (Gal./Mo.~) Bill 0 $10.64 I $10.64 2 $10.64 3 $10.64 4 $12.22 5 $13.80 6 $15.38 7 $17.04 8 $18.70 9 $20.36 10 $22.11 11 $23.86 12 $25.61 13 $27.46 14 $29.31 15 $31.t6 16 $33,12 17 $35.08 18 $37.04 19 $39.00 20 $40.96 21 $42.92 22 $44.88 23 $46.84 24 $48.8O 25 $50.76 26 $52.84 27 $54.92 28 $57.00 29 $59.08 30 $61.16 31 $63.24 32 $65.32 33 $67.40 34 $69.48 35 $71.56 36 $73~64 37 $75,72 38 $77.8O 39 $79.88 4O $81.96 41 $84.04 42 $86,12 43 $88.20 44 $90.28 45 $92.36 46 $94.44 47 $96,52 48 $98.60 49 $100.68 5O $102.76 Alternative No. I (1) Water ncrease/ Bill (Decrease) $8.00 ($2.64) $9.15 ($1,49) $10.30 ($0.34) $11.45 $0.81 $t2.60 $0,38 $13.75 ($0.05) $14.90 ($0.48) $16.05 ($0.99) $17.20 ($1.50) $18.35 ($2,01) $20,31 ($1,80) $22.27 ($1.59) $24.23 ($1.38) $26.19 ($1.27) $28.15 ($1,16) $30.11 ($1,05) $32.07 ($1.05) $34.03 ($1.05) $35.99 ($1.05) $37.95 ($1.05) $39.91 ($1.05) $41.87 ($1.05) $43.83 ($1.05) $45.79 ($1.05) $47.75 ($1.05) $49.71 ($1.05) $51.67 ($1.17) $53,63 ($1.29) $55.59 ($1.41) $57.55 ($1,53) $59~51 ($1.65) $61.47 ($1.77) $63.43 ($1.89) $65.39 ($2.01) $67,35 ($2.13) $69.31 ($2.25) $71;27 ($2.37) $73!23 ($2.49) $75.19 ($2.61) $77,15 ($2.73) $79.11 ($2,85) $81.07 ($2.97) $83,03 ($3.09) $84,99 ($3.21) $86,95 ($3.33) $88.91 ($3.45) $90,87 ($3.57)I $92.83 ($3.69)I $94.79 ($3,81)1 $96.75 ($3.93)[ $98.71 ($4.05) 1 Alternative No. 2 (2) Water Increase/ Bill (Decrease) $8.00 ($2.64) $9.15 ($1.49) $10.30 ($0.34) $11,45 $0.81 $12.60 $O.38 $13.75 ($0.05) $14.90 ($0.48) $16.05 ($0.99) $17.20 ($1.50) $18.36 ($2.01) $20.31 ($1.80) $22.27 ($1.59) $24.23 ($1.38) $26.19 ($1.27) $28.15 ($1.16) $30.11 ($1.05) $32.07 ($1.05) $34.03 ($1.05) $35.99 ($1.05) $37,95 ($1.05) $39,91 ($1.05) $41.87 ($1.05) $43.83 ($1 .O5) $45.79 ($1.05) $47.75 ($1.05) $49.71 ($1.05) $51.67 ($1.17) $53.63 ($1.29) $55.59 ($1.41) $57.55 ($1.53) $59.51 ($1.65) $61.47 ($1.77) $63.43 ($1.89) $65.39 ($2.01) $67.35 ($2.13) $69,31 ($2.25) $72.06 ($1.58) $74.81 ($0.91) $77.56 ($0.24) $80.31 $0.43 $83,06 $1.10 $85.81 $1.77 $88.56 $2.44 $91.31 $3.11 $9~.06 $3.78 $96.81 $4.45 $99.56 $5.12 $102.31 $5.79 $t05.06 $6.46 $107.81 $7.13 $110.56 $7.80 Alternative Water Bill $8.00 $9,15 $10.30 $11.45 $12.60 $13.75 $14.90 $16.05 $17.20 $18.35 $20,31 $22.27 $24.23 $26.19 $28.15 $30.11 $32.07 $34.03 $35,99 $37.95 $39.91 $41.87 $43.83 $45.79 $47.75 $49.71 $51.67 $53.63 $55.59 $57.55 $59.51 $62.26 $65.01 $67.76 $70.51 $73.26 $76,01 $78~76 $81.51 $84.26 $87.01 $89.76 $92.51 $95.26 $98.01 $100.76 $103.51 $106.26 $109.01 $111,76 $114.51 No. 3 (3) Increase/ (Decrease) ($2.64) ($1,49) ($0.34) $0.81 $0.38 ($0.05) ($0,48) ($0.99) ($1.50) ($2.Ol) ($1.80) ($1.59) ($1.38) ($1.27) ($1.16) ($1.o5) ($1 .o5) ($1.o5) ($1.05) ($1.05) ($1.o5) ($1.05) ($1.05) ($1.05) ($1.05) ($1.o5) ($1.17) ($1.29) ($1.41) ($1,53) ($1.65) ($0.98) ($0.31) $0.36 $1.03 $I .7o $2.37 $3.04 $3.71 $4.38 $5.05 $5.72 $6.39 $7.06 $7.73 $8.40 $9.07 $9.74 $10,41 $11.08 $11.75 (1) Alternative is structured to be most revenue neutral; however, it has the least cushion for effects associated with price elasticity of demand at higher usage levels than shown, (2) Alternative has somewhat increased cushiOn over Alternative No. 1 for effects associated with price elasticity of demand at h gher usage levels than shown, (3) Alternative has somewhat increased cushion over Alternative No. 2 for effects associated with price elasticity of demand at higher usage levels than shown, Family of 8~s Commercial 05/30/2002; 3:36 PM Z 0 CD 0 0 CZ) 0 0 CZ) .LN~::)~::Id gL< gL-I,g Og-9Z: 6-Z 2o8,, o I I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 gZ< gL-kg OCj-9~: 6-1_ 8-0 0 J. N30~13cl Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2OO2 [] April 16,2002 [] May 7, 2002 XII, - LEGAL CITY OF BOYNTON BEACH ITEM A. 1 AGENDA ITEM REQUEST FO! Date Final Form Must be Turned in to CiW Clerk's Offic.e. 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 CiW 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 [] Coment Agenda ' [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Keport RECOMMENDATION: Motion to approve an Ordinance amending Chapter 2. Administration Section 2-11 by deleting that section in its entirety and creating a new Section 2-11, which will create specific roles regarding decorum at public -meetings. EXPLANATION: The City Commission deems it necessary and proper to adopt decorum standards which are the least intrusive and least restrictive means of maintaining Control at public meetings. This Ordinance will Prescribe more definitive roles to ensure that decorum is maintained at pubhc meetings. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Do not approve and leave Section as it currently reads. . ~ Department Head's Signature -- City Manager s Signature City Attorney Department Name City Attomey~-'~ce / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION, SECTION 2-11. MAINTAINING ORDER, DECORUM AT COMMISSION MEETINGS BY DELETING SECTION 2-11 D4 ITS ENTIRETY AND IN ITS PLACE AND STEAD CREATING A NEW SECTION 2-11; PROVDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, the City Commission finds it is in the best interests of the public to >rescribe more definitive rules to ensure that decorum is maintained at public meetings; md WHEREAS, specific rules regarding the decorum are necessary to regulate irrelevant debate and disruptive behavior at a public meeting which if unregulated, would cause such meetings to drag on interminably and deny others the oppommity to voice their opinions; and WHEREAS, the City Commission intends to adopt decorum standards which are the least intrusive and least restrictive means of maintaining control at public meetings; and WHEREAS, no restriction adopted by the Commission regarding the expression of opinion at public meetings is intended to limit any member of the public from expressing their opinion in any alternate forum or by written form to the Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clause is hereby ratified as true and orrect and. incorporated herein by this reference. Section 2. That Chapter 2., Administration, Section 2-11 of the Code of ~rdinances is hereby deleted in' its entirety, and in its place and stead a new Section 2-11 is hereby created as follows: Sec. 2-11. Maintaining order, decorum at commission meetings, (a) No erson shall willfull interru t or disturb the roceedin s or meetin~ of the City Commission or any City, board. (b) Onl those individuals reco nized b the residin officer are authorized to s eak to the Commission or to a City board. All other s eech remarks or comments are unauthorized. Unauthorized s eech remarks comments sram in of feet ~ations constitute an interruption to public meetings~ and are prohibited. (c) All ersons attendin an ci meetin shall render' inaudible an. ~c anical or electromc devices while such meeting is in session. (d) The residin officer shall reserve strict order and decorum at all (e) The chief of olice or such member or members of the olice de artment as the chief ma desi nate shall be set eant-at-arms at the re ular and s ecial meetin s of the ci commission or board. The set eant-at-arms shall car out orders and instructions iven ~- commission or ~nin -order and decorum at the city commission meetings. (f) ~he Ci Commission shall allow members of the ublic to address the Commission re ardin items not on the Commission a enda. The time for addressin the Commission with non-a enda comments shall be desi nated "Public Audience". The Commission ma b order of the da limit the time that members of the ublic ma address the Commission. If no orders of the da are established the time limit for addressin the Commission is three (3) minutes. (g) The Ci CommiSsion ma allow members of the ublic to address the Commission on non- ublic hearin a enda items under such rules as are ado ted from time to time b the Commission b motion._ (h) The Ci Commission shall allow members of the ublic to address the Commission on ublic hearin a enda items under such rules S:~CA\OrdinanceskPdrmnistratixekMecting Decorum Ordinance 052~02xt0c (i) O) (l) as are adopted from time to time by the Commission by motion. Any person who causes an interruption of the meeting shall be warned by the Presiding officer that the conduct is interferinf, with the order of the meeting and shall be given the opportuniW, to cease the conduct which constitutes an interruption. If the individual fails to cease the offending conduct and continues interrupting the meeting, the individual shall be removed from the meeting room if the sergeant-at-arms is' so directed by the i~residing officer~ and such person shall be barred from further audience for the remainder of the meeting. In case the presidln~, officer shall fail to act~ any member of the ciW commission may move to require the presiding officer to act to'enforce the rule~ I or act. inte~ Florido ther officers a law Statutes. ordinance violation by issuance of the violator as set forth in Rule 3.125, procedure. a municipal served on of Criminal also limit any member of the tblic meeting directed to the CiW Section 3. All ordinances Or parts of ordinances in conflict herewith be and :he same are hereby repealed, Section 4. Should any section :or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. 5:\CA\Ordinances~dministratixeWIeeting Decorum Ordinance 0523t02 ~loc Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this q ~day of June, 2002. 2002. SECOND, FINAL READING AND PASSAGE this __ day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\OrdinanceskAdministrative'uMeeting Decorum Ordinance 0524502.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw 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 [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the June 18, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission approved this item under First Reading on June 4, 2002, subject to the increase in maximum height to 100 feet within the MU-L district, with corresponding conditions to minimize land use impacts. The Commission discussed at its May 2 ISt meeting the need for landscaping requirements and setback standards to correspond with projects in excess of 75 feet. Staffhas revised the proposed ordinance to allow projects within the MU-L district up to 100 feet as conditional uses (those over 75 feet), including performance criteria to minimize land use incompatibilities. Please note that the draft ordinance already contains provisions for setbacks that vary with building height. Further, it is staffs position that the conditional use process including the objective to "maximize aesthetic and design quality", and "compatibility with adjacent uses", will facilitate the preferable case-by-case review and apphcation of additional needed landscaping. For further details on this request, see attached ordinance. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Mixed Use-Low Zoning District (MU-L) and Mix Use-High Zoning District City of Boynton Beach Request for an amendment to Chapter 2, Zoning, Section 6 to establish the Mixed Use-Low Intensity (MU-L) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment plan and accommodating redevelopment within planning areas #2 and DESCRIPTION: Request for an amendment to Chapter 2, Zoning, Section 6 to establish the Mixed Use-High Intensity (MU-H) zoning disUdct for the purposes of implementing the Federal Highway Corridor Redevelopment plan and accommodating redevelopment within planning area #3. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A S:kBULLETINXFORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~Q~ST FORM Pfanv2m~and- Zoni~irector City Manager's Signature City Attorney / Finance / Human Resources S:~Planning~IUDSON~IXED USE~genda Request CDRV 02-002 MU-L -2nd reading 6-15-02.dot S:~,BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDiNANCE NO. 02- 0 ~ ~( AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDiNG LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. CREATiNG A NEW SUBSECTION "F"; ESTABLISHING MIXED USE LOW INTENSITY (MU-L) AND MIXED USE HIGH iNTENSITY (MU-H) ZONING DISTRICTS FOR THE PURPOSE OF IMPLEMENTING THE FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN; RENUMBERING THE CURRENT SUBSECTION "F' AS SUBSECTION "G"; PROVDiNG FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, the proposed addition of two Mixed Use zoning districts to Part )f the City of Boynton Beach Code of Ordinances is a staff-initiated amendment to the ~and Development Regulations, which is consistent with the recommendations of the 'Federal Highway Corridor Community Redevelopment Plan", adopted by the City on ~,Iay 15, 2001; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in he best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ~tified and confn'm~ by the City Commission. Section 2. That Chapter 2. Zoning, Section 2, Section 6. "F" is hereby mended by adding the words and figures in underlined type, as follows: ?. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning districts allow for a diversity ~f land uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels along the Federal Highway Corridor Redevelopment Area. All development and redevelopment shall be ;uided by an approved plan and through the use of the planned unit development, :onditional use, or other site plan review processes. the obiectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization 'efforts in the City's traditional :ommercial core area; b. Create maior new residential and mixed use areas in planned ocations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments through appropriate ',eparation from, and design of vehicular circulation areas~ d. Allow flexibilitY in architectural design and building bulk; while naximizing compatibility and harmony with adjoining development within the ,~development area; e. Create surrounding areas that complement rather than compete ~,ith the downtown; f. Create higher quality environments for residents, businesses, nployees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to ;elected geographic areas, identified on the City's Future Land Use Map, where a mixture )f uses and building densities is intended to Camrr out elements of the city's :edevelopment plans, including goals in emplownent, population, transportation, housing, ~ublic facilities, and environmental quality. Regulations for the planning areas are mplemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed [se-Low Intensity (MU-L). Permitted uses and associated standards for development ,arg between the zoning districts, each reflecting the importance of the district's location md its relationship to the downtown area. Mixed Use zoning district may be located only on lands designated Mixed Use (MX) Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. Upon adoption the Mixed-Use Core (MX-c) land use classification, this zoning district shall only be tpplied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. ['he MU-H district is appropriate for developments that provide for high density esidential in addition to retail commercial and office uses. The district allows a naximum height of one hundred-flit-y (150) feet and a residential density of 80 dwelling mits per acre, provided that all new developments within this district that front on streets [esi~ated as "arterial rood.q" on the "Functional Class!fication qfRoadwavs Map" ',ontain a mixture of retail, office and residential uses. b. MU-L (Mixed-Use-Low Intensity) Zoning District. In order to :omplement the revitalization efforts in the City's traditional commercial core, the MU-L :oning district shall only be applied to lands peripheral to the downtown area and classified ~s Mixed Use (MX) on the Future Land Use Map. 2 ['he MU-L district is appropriate for low- to mid-rise developments that provide for medium tensity residential uses. The district allows a maximum height of seventy-five (75) feet and a 'esidential density of 40 dwelling units per acre for mixed use projects. Building heights >etween seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a :onditional use. The review of these applications will emphasize aesthetics and design tuality, and physical compatibility with adjacent land uses. All new mixed use developments ~ithin this district shall front on streets designated as "arterial roads" on the "Functional 2lass~fication of Roadways Map" (Federal Highway, Boynton Beach Boulevard, Ocean ~venue and Woolbright Road) and contain a mixture of retail commercial, office and residential uses. Height restrictions and densities may be further limited in certain :eographic areas to further applicable redevelopment plans. 4. Permitted Uses. The following table identifies the permitted, restricted and ~rohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted "P", 2onditional "C" or Not Permitted "N'. Uses permitted with restrictions are followed by a tumeral that corresponds to a footnote below the table. Each footnote explains restrictions ~ssociated with the use. The Planning and Zoning Director or designee shall have the liscretion to approve uses that are not specifically listed but are similar to uses that are ~xpressly permitted provided, however, such uses are not expressly identified as )nditionall¥ permitted or not permitted in any zoning district within the City. TABLE 6F- 1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P_ Home Occupation _P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N Residential, Multi-Family P__ P._~ Boarding and Rooming House N ! N (except where provided by state law) Accessory Unit P__ N Government Office/Civic Center/Library C_. N Recreation (outdoor) _P ___ Museum P_ P_ House of Worship P_~ N Police or Fire-Rescue Station P._~4 P Postal Center (retail sales only) C C Post Office P_P_ P Public Park P P Public Parking Lot or Garage P_ P ,:\CA\OrdinancesXLDR Changes\Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc USE GROUP/USE MU-L ZONE i MU-H ZONE Office Use Group* MU'L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, FinanCial Institutions C9 C9 Medical or Dental Clinic . P_ P Medical or Dental Office P P Physical Therapy Clinic ~ p P Prr~fessional Business Office P · P_ Veterinary Office or Clinic p_.6 N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on maior arterial roadways: Alcoholic Beverage Package Store p6 p6 Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N Animal Grooming la Ia Animal Sales N N Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing P P Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~2 p~2, Bakery, Retail p6 p6 Boat/Marine Sales/Rental N Boat/Marine Accessories p6 p__.~6 Bookstore p6 p_.~6 Building Supplies or Materials N N Bus Terminal N N New Clothing, Shoes or Accessories, p._~.6 p6 Boutique Contractor's Office/Equipment Storage N N Coffee Shop p_.6 p6 Convenience Store p6 p.~6 Custom Furnishings and Antique Stores p_.6 p6 Cyber-caf~ p_.6 p6 .Delicatessen p_.6 p6 Dive shop and Instruction as Accessory Use P__~6 P_ p~ p3 Drug Store or Pharmacy... . Gasoline Sales with/without Vehicle Service C~° N Grocery Store, Supermarket p7 p._~7 :\CA\OrdinancesXLDR ChangesXAmending LDR - Chapter 2 Secuon 6 Mixed Uses Revised MLR. doc USE GROUP/USE MU-L ZONE M-U-H ZONE Florist . p6 p Hardware Store p6 p6 Health Food Store p6_ p6 Home Improvement Centers N N Lumber Yard N N Newsstand p6 pS Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, pi2 p6 Parts or Repair Photographic Studio and Photographic C6 C6 Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down C P Specialty Foods and Confections. Pa Pa Sporting Goods Pa Pa Tobacco Accessories Pa Pa Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental p6 p6 Wholesale/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fi'onting on maior arterial roadways. Barbershop/Beauty Salon/Day Spa Pa p6 Dance Studio Pa pa Dressmaker or Tailor Pa pO Drycleaner p6,S p6,S Fitness Club C Pa Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat Pa N Medical Outpatient Facility C C Nursery., Preschool or Child Daycare p6 N Nursing or Convalescent Home N N Photocopy Center Pa Pa Self-Storage or Mini Warehouse N N Shoe Repair p6 p6 Tattoo Parlor/Body Piercing N N Soup Kitchens,/Substance abuse Centers/ N N Shelters/Half-way Houses ~\CA\OrdinancesXLDR Changes~Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc USE GROUP/USE MU-L ZONE MU-H ZONE Entertainment Use Group MU-L ZONE MU-H ZONE Adult Entertainment N N Bar, Cocktail Lounge C P Billiard Club/Bowling Alley/Indoor C p.~6 Recreation Facility Bingo Hall ___ N Fortune Teller N ' N Movie Theater N C3 Night Club N C Performing Arts Theater N P Private Clubs, Lodges and Fraternal C C Organi 7.ations Accessow Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C9 N use to financial institutions and restaurants) ~estriction Notes: Must be integrated into a mixed-use development that includes a non-residential component compromising a minimum of 30 percent of the gross floor area of the entire development, constructed within the same structure in which the residential component is located. For those with frontage on and arterial road, allowed as a permitted use if the em4ve ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is aconditional use. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. Subject to setback and buffering requirements as recommended by the Technical Review Committee. Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of- way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway.. Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6'}. 2 Indoor storage/display shall not exceed 10,000 square feet. :\CA\Ordinances~LDR Changes~Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doe 113 hq coniunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. 5. Building and site regulations. totel Minimum Parcel Size Residential Or Lodging Use Group ZONE ZONE 3 acres* *or is part of a mixed use development of at least 3 acres. [esidential, Single Family Detached 5,000 sq. ft. [esidential, Single Family Detached w/Accessory Unit [esidential, Single Family Attached ~.esidential, Multi-Family CommumW Facility Use Group 7,500 sq. ft. 7,500 sq. ft. 15,000 sq. ft. 65,000 sq. ft. 20,000 sq. ft. 'ublic Park no minimum no minimum All other Use 10,000 sq. fi 10,000 sq. ft, 4inimum Living Area '.ingle Family Detached ~,11 other Residential ~ccessory Apartment * Size of all units must average 1,000 sq. ft. Minimum Lot Frontage ZONE 1,000 sq. fi. 750 sq. ft. 750 sq. ft. MU-L ZONE 50 ft. 75 ft 25 ft 100 ft. :esidential Or Lodging Use Group :esidential, Single Family Detached :esidential, Single Family Attached (Duplex) :esidential, Single Family Attached (Townhome) ',esidential, Multiple-Family dl Other Uses MU-H ZONE 650* sq. fi. MU-H ZONE 100 ft. 100 ft. 100 ft. Maximum Height Lesidential Or Lodging Use Group Lesidential, Single Family Detached Lesidential, Single Family Attached (Duplex) Lesidential, Single Family Attached (Townhomes) MU-L ZONE 35ft. 35ft 35 ff MU-H ZONE :\CA\OrdinancesXLDR Changes~,mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc All Other Uses 75 fr. t,2 t50 ft. ~ IMaximum height at front property line is 45 ft. Add a minimum 10 ft. of stepback for every additional 50 ft. of height. ZMay increase to a maximum height of 100 ft. subject to conditions to minimize design and land use incompatibilities. V~inimum Height [ 35 fr.t [ 35 ft. 2 Applies to any facade with "arterial roadway" frontage. Applies to any faqade with street frontage. Multiple story buildings are encouraged within the Federal Highway Corridor District, >articularly along arterial roadways. The intent of this provision is to create the appearance, )r simulate the intensity of, a minimum two (2)-story building. AREA Use Residential Or Lodging Use Group Detached Other Uses MU-L ZONE 40% 30% 20% MU-H ZONE 15% MU-H ZONE YARD SETBACK Or ~ Detached build to line ~uild to line line Other Uses including mixed use with a single-family line MU-L ZONE lO fr. lOft. lOft. 0 ft or 0-15 ft. 0 fror 10 fr.4 Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Pomhes shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Proiecting feature(s) such as awnings, balconies, porches and/or stoops shall be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance fi'om any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Where intent is to widen pedestrian walkway. :\CA\OrdinanceshLDR Changes'Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc SIDE YARD Residential Or Lodging Use Group Residential, Single Family Detached, MU-L ZONE Interior 6 ft. Comer 15 ft End 10 ft. MU-H ZONE ~sidential, Single Family Attached (Duplex) Comer Residential, single Family Attached (Townhomes) End Comer Residential, Multi-Family All Other Uses ~.djacent to Residential Single Family Attached or Detached in the MU-L Zone a, djacent to Other Uses 15ft. 10ft 15ft. 20 ffl 25ff.t Oft.1 0 ft~ Oft. Off:. plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway Residential, Single Family Detached Residential, Single Family Attached Residential, Multi-Family 25ft. 7.5 ft. 7.5 ft. 25 ft. 2 25 ft. Oft.! All Other Uses Where Yard is Adiacent to Intracoastal Waterway Where Yard is Adjacent to Residential Single Family Attached or Detached Where yard is Adjacent to All Other Uses 25 ft. 25 ft.2 0ft.2 Oft.! 25 fl. 2 0ft.3 subiect to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Mixed Uses. Buildings containing residential and non-residential uses are ;quired within the MU-H zoning district for all properties fi'onting on arterial roadways, and ~ermitted and encouraged, within the MU-L zoning district and subject to the same [evelopment standards as "all other uses." Residential uses within mixed-use structures shall ot be located on the ground floor, which shall be reserved for nonresidential uses. \CA\OrdinanceskLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc qonresidential uses within mixed residential/nonresidential structures shall be evaluated for heir compatibility with residential uses located on upper floors, and shall demonstrate :ompatibility based upon use-type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 7. Building Placement, Massing & Orientation. Structures fronting on arterial · oadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed fOr a drive that may be required to access the rear of the property. 8. Landscaping ao MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative mean.q of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. Co Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. do Sidewalks · All new construction in the MU-H District shall provide new sidewalks. · Sidewalks shall be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. $:\CA\Ordinances~LDR ChangeskAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc Flower Containers To add color and soften sidewalk paving with plants, flower containers containing blooming ~i//'~ils or perennials are encouraged to be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 9. Parking Requirements. Parking requirements for both the MU-H and MU-L toning districts shall be as set forth by Chapter 2, Section 1 IH, of the Bovnton Beach Land Development Code. Chapter 2, Section 11I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, aotwithstanding other provisions of these regulations that require a specific residential ~utomobile garage setback, and paragraphs 8d. and Se. below, permitting understorv parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order ro emphasize buildings and pedestrian features and de-emphasize )arking facilities. In order to best achieve this obiective, rear parking is preferable to side ~ard parking. Access to parking shall be from side streets not serving as the principal ;tructure's main frontage when possible in order to minimize vehicle/pedestrian conflicts dong sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking :equirements based upon shared parking with different hours of use. The total requirement ~'or off-street parking spaces shall be the highest of the requirement of the various uses :omputed for the following five (5) separate time periods: weekdays (daytime, evening), ~eekends (daytime, evening) and nighttime. For the purpose of calculating the requirement )f the various uses for the various separate time periods, the percent of parking required shall Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5_ 5 Retail 75 75 100 70 5_ Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10__ Entertainment 40 100 90_ 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) c. Freestanding parking garages as part of a mixed use development are ~rmitted within the MU-H Zone only. Within the MU-H Zone, freestanding parking garages ~all not exceed 75 feet in height; and shall not have direct frontage on Boynton Beach ~ulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said feets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. 'he intent is to border or wrap the garage in storefronts and other permitted habitable floor ;:\CA\OrdinanceskLDR Changes~mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc 'ea, so as to disguise the garage and create continuity in street-level activity by maintaining tterest for pedestrians and passing, automobile traffic. Principal structures that include parking arages shall be designed to blend the architecture of the garage with the remainder of the .ructure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on first floor of a structure) is permitted throughout the MU-H and MU-L Zones for buildings. Such.first floor parking areas shall be screened fi.om view by a articulated fagade designed to the parking area. e. In order to increase the efficiency of parking provision and vehicle :irculation, parking facilities shall be interconnected whenever possible. Parking facilities wherever feasible, be designed for furore connection to an adjoining parcel where an ,t be established. 10. Dumpster Location. Dumpsters shall be adequately screened from view in a with the surrounding environment. 11. Circulation. Development sites with frontage on Federal Highway, Ocear~.. tvenue and Boynton Beach Boulevard shall be designed to discourage mid-block street on these streets. 12. Signage. Chapter 21 shall govern signage within the Federal Highway ,~orridor District, Signs, of the Bow~ton Beach Land Development Code. 13. Density. The Comprehensive Plan shall regulate maximum density. 14. Definitions. The following are supplement definitions applicable only to the Districts, and therefore take precedence over definitions in other portions ~f the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single- basic for living, sleel~ing, eating, cooking, and Accessory apartments shall comprise no more than twenty-five percent (25%) of total floor area of the single-family dwelling and shall in no case be more than 750 square Antique shops: any premises used for the sale or trading of articles of which eighty are old or have collectible value. Antique shop does not .,lude "secondhand store". Child Care: an establishment that provides care, protection and supervision for on a regular basis away from their primary residence for less than 24 hours per day. tetYn does not include facilities operated in coniunction with an employment use or othei are cared for while parents or custodians are occupied on 'ses or in the immediate vicinity. Coffee house: an informal caf~ or restaurant primarily offering coffee, tea, and other.. :\CA\Ordinances~&DR Changes\Arnending LDR - Chapter 2 Secuon 6 Mixed Uses Revised MLR. doc Old. alcoholic beverages, and where light refreshments and limited menu meals may also be Convenience Store: a small store near a residential area that stocks food and general and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's ~ecifications. Cyber caf& a coffee house that provides patrons with computer terminals for the Internet for a fee. Day Spa: spa facilities that have no overnight accommodations, but offer (an array of treatments administered by licensed and certified spa technicians) beauty, wellness and programs that may last fi.om a few minutes up to a full day. Fortune,teller/Psychic: somebody who makes predictions about the future through including, but not limited to, astrology, palm reading, psychic abilities, crystal balls, cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned or other institutional custody back into the larger soCiety. Hotel: a building, or part thereof, in which sleeping accommodations are offered to with no cooking facilities for use by the occupants, and in which there is a public room for the convenience of the guests. Access to the sleeping rooms shall be through inside lobby and corridors. Landscaped Area: Open space area not occupied by any structures or impervious and landscaped with vegetative material and ground covers pursuant to the Boynton Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged admitted for examination and treatment by a group of physicians, dentists, or )ther health care professionals. Mixed Use Development: a combination of two or more uses on ~ single parcel. In ,~ Mixed Use-High zoning district this shall consist of a structure or series of structures retail commercial with office uses and/or housing above. In the Intensity zoning district, mixed-use can refer not only to uses within single different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping for transient or overnight guests. Each building shall contain a minimum of residential units or rooms, which generally have direct access to a parking lot, street, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. uor store: an establishment where alcoholic beverages are dispensed or sold in containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and ;:\CA\OrdinanceskLDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc mtertainment to the general public within an enclosed building. Such uses include movie :heaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, :omputer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units hat cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached 9y common vertical firewalls, whereby each unit has its own front and rear access to the ~utside, and no unit is located over another unit. Examples of single-family attached :lwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or /cry low-cost pre-packaged foodstuffs to the public as part of a charitable activity, program )r organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for lcohol or drug abuse. Section 3. Each and every other provision of the Land Development Regulations hot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in ',onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not tffect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this z//"~day of June, 2002. ;:\CA~OrdinanceskLDR Changes'Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc SECOND, FINAL READING AND PASSAGE this __ day of lune, 2002, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ;:\CA\OrdinancesLLDR Changes~Amending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEAC] AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be rumed~=~ in to City Clerk's Office March 6, 2002 (5:00 p.~.) [] 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 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 June 18, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission approved this request under Public Hearing on May 21, 2002 and under First Reading on June 4, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-091. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT PLAN Infill Planned Unit Development District (IPUD) City of Boynton Beach Request for an amendment to ChapTer 2, Zoning, Section 5 to establish the Infill Planned Unit Development (IPUD) zoning district for the purposes of implementing the Federal Highway Corridor Redevelopment plan and accommodating redevelopment within planning areas #1 and #5. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A - Develop~er~t D~partment~'~irector "r C~.t~a/a~g[r"s Signature Planning and Zoning Dffector j-' City Atto~/~U~inance, Human Resources S :~'lanningffIUDSON~UD RegsXAgenda Request C DRV 02-002 IPUD 2nd rea'fling 6-18-02.dot S:~BULLET1N~FORMSLAGENDA ITEM REQUEST FORaM.DOC ORDIN "4CE NO. 02- 0?,5-' AN OP,.DINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDLNG LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING. SECTION 5. CREATING A N'EW SUBSECTION "L"; ESTABLISHING THE INFTLL PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT FOR THE PURPOSE OF EVIPLEMENTING THE FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the current Land Development Regulations do not address the development of single-family attached dwellings, and WHEREAS, the current PUD regulations are based on the Urban Land Institute's Use Intensity (LUI) design methodology, which may preclude small (i.e. infill) parcels developed as a PUD; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 2, Section 5. "L" is hereby amended adding the words and figures in underlined type, as follows: Sec. 5.. Residential district regulations and use provisions. Unit ~ose of normal Planned Unil [pUD where new development or in th~: "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to th~; extent that no land use conflicts will result and the basic intent of the Zoning Code and Comprehensive Plan will be followed, ;:\CA\OrdmancesLLDR Changes~a, rndending LDR - Chapter 2 - Sec 5 - [PUD.doc Sec 5 - [PUD It is a basic public expectation that landowners requesting the use of the [PUD district will develop desie;n standards that exceed the standards of the basic development standards in /terms of site design, buildina architeCture and construction materials, amenities and. llandscape design. The extent of variance or exception to basic design standards, including ~out not limited to requirements for parking spaces, parking lot and circulation design, and Isetbacks, will be dependent on how well the-above stated planning expectations are expressed in the proposeddevelopment plan. APPLICATION PROCESS. The procedures and requirements for applying for rezoning to : the same as those for rezoning to the PUD district as stated in Chapter ection 10 of the Land Development Regulations. When the [PUD is to be developed in Site Plan for the development may also represent the Master Plan. 3. DEVELOPMENT STANDARDS. inimum lot area: 1 acre area 5 acres 45 ft. (lesser height may be with adjacent development) 'mum lot coverage (Building): 50% 10.8 du/ac for lands ctas.qified High Density_ Residential (HDR) or 100 sq. ft.. ADDITIONAL STANDARDS. a. SCREENING AND BUFFERING. Appropriate screening and buffering will from any should also acent uses. automobile headlights on b. PEDESTRIAN CIRCULATION. Pedestrian circulation should be carefully of vehicular ways and parking spaces. In all cases, c. REQUIRED OPEN SPACE. The usable open space, such as recreation areas and passive common-ownership areas, required for residential development prolects and. mixed-use residential projects shall be designed to be available to every dwelling unit. proposed. This required usable open space shall be desired to maximize privacy and usability to the residents. Private courtyards, natural areas and water bodies shall not count oward required open space. ;:\CA\Ordinances~LDR ChangesXAmdending LDR - Chapter 2 - Sec 5 - [PUD.doc Sec 5 - [PUD >oints. d. TRASH COLLECTION. Special emphas~s shall be placed on trash collection Trash containers or dumpsters shall be screened and designed so as to be :onvenientty accessible to their users and collectors. e. MLXED LAND USE. Within the [PUD, mixed land uses may be proposed. Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan; however, such development must be found compatible with adiacent. uses and established design characteristics. Compatibiliw will also be iudged on how well the proposed development fits within the context of the neighborhood and abutting >roperties. Any commercial uses shall be small-scale retail and services, primarily to serve :he residents of the [PUD, and not the public in general. f. VEHICULAR CIRCULATION. Privately owned streets providing secondar~ vehicular circulation internal to the [PUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations; however, in no case shall health, safety and/or welfare be jeopardized. Roadways providing external connections to the CiW's street network shall meet all :equirements contained in the Ciw's Land Development Regulations. g. EXTERIOR LIGHTING. Lighting of the exterior and parking areas of the planned development shall be of the lowest intensiW and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. h. NATURAL FEATURES. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4.: All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5... Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ~hay of June, 2002. S:\CA\OrdinancesXLDR Changes~Arndending LDR - Chapter 2 - Sec 5 - [PUD.doc Sec 5 - IPUD SECOND, FINAL READING AND PASSAGE this day of June, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk ;:\CA\OrdinancesXLDR ChangeskA. rrdendin8 LDR - Chapter 2 - Sec 5 - IYUD.doc Sec 5 - IPUD DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-091 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Community Redevelopment Agency Board Michael W, Rumpf Director of Planning and Zoning.... //] ~... Dick Hudson, Senior Planner May 5, 2002 CODE REVIEW CDRV 02-003 Infill Planned Unit Development (IPUD) Zoning District Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Infill Planned Unit Development in response to recommendations for Study Areas I and V of the "Federa/Hic/hway Corridor Community Redeve/opment P/an" Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the north City Limits and the Boynton (C-16) Canal on the north (Study Area 1) and Woolbright Road and the south City Limits on the south (Study Area V), and lying generally between the Intracoastat Waterway on the east and the right-of-way of the Flodda East Coast (FEC) Railway on the west. NATURE OF REQUEST The proposed addition of regulations governing the development of an Infill Planned Unit Development is a staff-initiated amendment to the Land Development Regulations. The proposed district is consistent with the recommendations of the "Federal Highway Corridor Community Redevelopment Plan", adopted by the City on May 15, 2001. The specific locations where these districts may first be applied are generally described as lands within Study Areas I and V of the "Federal Hiqhway Corridor Community Redevelopment Plan'; and are designated as High Density Residential, Special High Density Residential or Local Retail Commercial on the Future Land Use Map. (See Exhibit "B" -Location). ANALYSIS The current Land Development Regulations do not address the development of single-family attached dwellings, and in fact due to setback requirements, make it impossible for fee simple townhomes to be developed in anything other than a Planned Unit Development (PUD). Further, the current PUD regulations are based on the Urban Land Institute's Land Use Intensity (LUI) design methodology, which may preclude small (i.e. infilt) parcels from being developed as a PUD. The need for regulations to fill this gap has become apparent through discussions with numerous developers who have presented a vadety of proposals to city staff. Page 2 CB RV 02-002 Mixed Use Zoning Districts (MU-H & MU-L) Staff has also determined that one of the primary incentives for infill development and redevelopment in the Federal Highway Corridor will be to accommodate innovative projects that meet market demands, particularly a broader range of housing types and innovative developments that are not contemplated when regulations are adopted. The proposed regulations are intentionally ~ritten to encourage developers to present innovative infill and redevelopment proposals for the City's consideration. By the same token, they provide the City's development review team with a high level of control on the types of developments that are approved. This control will ensure compatibility with existing surrounding development, as well as adequate screening and buffering, vehicular and pedestrian circulation systems and amenities. RECOMMENDATION It is staff's opinion that the existing Planned Unit Development regulations do not provide for the development of small infill and redevelopment projects that have become increasingly more important to the revitalization of the City's redevelopment area. It is also the opinion of staff that the proposed Infill Planned Unit Development regulations will allow a broader range of housing types and encourage innovative development proposals than currently allowed. Therefore, staff recommends the approval of the proposed addition of the Infill Planned Unit Development district and corresponding development standards to the Land Development Code. If there are changes or additions recommended by the Community Redevelopment Agency Board, they will be attached to this report as "Exhibit C". Exhibits j:\SHRDATA\PLANNING\HUDSON\PUD REGS\CDRVSTAFFREPT.DOC CHAPTER 2 - ZONING Sec. 5 Residential district regulations and use provisions EXHE3IT A L. IN'FILL PLANNED UNIT DEVELOPMENT (IPUD). The [nfii1 Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment. The IPUD regulations are to be applied to new development or redevelopment proposed' on parcels less than five (5) acres in size located within the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. The areas are generallY described as follows: · Study Area £ is bounded on the north by the northern City Limits; on the south by the Boynton (C-16) Canal; on the east by the Intracoastal Warer~vay; and on the west by the centerline ofN.E. 4th Street. · Study Area V is bounded on the north by the centerline of Woolbright Road; on the south by the southern City Limits; on the east by the Intracoastal Waterway; and on the west by the Florida East Coast Railroad right-of-way. Parcets five or more acres in size shall comply with the Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations, with the exception that the mixed-use provision described in paragraph "4.e." below, shall apply. A mixture of uses, including residential, retail commercial and office, may be allowed contingent upon compliance with the basic intents of the Zoning Code and the Comprehensive Plan with respect to land use compatibility. It is the intent of the IPUD district to provide flexibility in land uses and housing types in exchange for project design that exceeds current development standards applicable to site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to current design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, land area, and setbacks, will be dependent upon project quality and the magnitude that current regulations are exceeded. 2. APPLICATION PROCESS. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. When the IPUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. " 3. DEVELOPMENT STA_NDARDS. Minimum lot area: Maximum lot area Maximum height Maximum lot coverage (Building): 1 acrc 5 acres 45 ft. (lesser height may be required for compatibility with adjacent development) 50% Maximum density Minimum usable open space per dwelling unit: 10.8 du/ac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC). 20 du/ac for lands classified Special High Density Residential. 100 sq. ft. 4. ADDITIONAL STANDARDS. a. SCREENING AND BUFFERhNG. Appropriate screening and buffering will be required. Such screening should be intended to shield neighboring properties from any adverse external effects of the proposed development. Screening and buffering should also be used to shield the proposed development from the negative impacts of adjacent uses. Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. b. PEDESTRIAN CIRCULATION. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walk-ways. c. REQUISLED OPEN SPACE. The usable open space, such as recreation areas and passive common-ownership areas, required for residential development projects and mixed-use residential projects shall be designed to be available to every dwelling unit proposed. This required usable open space shall be designed to maximize privacy and usability to the residents. Private courtyards, natural areas and water bodies shall not count toward required open space. d. TRASH COLLECTION. Special emphasis shall be placed on trash collection points. Trash containers or dumpsters shall be screened and designed so as to be conveniently accessible to their users and collectors. e. MIXED LAND USE. Within the IPUD, mixed land uses may be proposed. Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan; however, such development must be found compatible with adjacent uses and established design characteristics. Compatibility will also be judged on how well the proposed development fits within the context of the neighborhood and abutting properties, and with current development trends. Any commercial uses shall be small-scale retail and services, intended'to serve the residents of the IPUD, and not just the public in general. f. VEHICULAR CIRCULATION. Privately-owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations; however, in no case shall health, safety and/or welfare be jeopardized. Roadways providing external connections to the City's street network shall meet all requirements contained in the City's Land Development Regulations. g. EXTERIOR LIGHTE'qG. Lighting of the exterior and parking areas of the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. h. NATURAL FEATURES. The physical attr/butes of the site shall be respected with particular concern for preservation ofnaturaI features, tree growth and open space. j:k.qHI~ATA~l~lanning~Hud~otf~PUD R~Infill Planned Unit D~¥elopmtm:.r~f City of Boynton Beach EXHIBIT "B" 8000 0 8OOO I/ 16000 24000 Feet ,i -- CRA Boundary , Area City Boundary CRA line PBC Major Roads ,N'ea I .N'ea V City of Boynton Beach EXHIBIT "B" 800.0 GOLF 0 8000 t / 16000 C-16 CA~,IAL 24000 / Feet ,i Boundary City Boundary CRA line PBC Major Roads ~ea ! ~ea V Requested City Commission Meeung Dates [] March 19.2002 ~]. April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI .. 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 Meet~n a Dates [] May 21, 2002 , ~ June 4, 2002 June t8.2002 [] July 2. 2002 Date Final Form Must be Turned in to City Clerk's Office May 8. 2002 (5:00 p.m3 May 22, 2002 (5:00 p.mA June 5, 2002 (5:00 p.md 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: Motion to approve an Ord. inance amending Chapter 18, Article II, Division 4 of the Code to provide a supplemental benefit to the retirees of the General Employees' Pension Plan. EXPLANATION: The General Employees Pension Board of Trustees has recommended the provision of a supplemental benefit to be provided to the retirees of the Plan equal to a portion of any investment return the Plan experienced m any given year; and by approving this amendment, the Retirees may be eligible to receive a supplemental pension distribution. PROGRAM IMPACT: FISCAL IMPACT: An actuarial report shall determine the rate of investment remm during the twelve month period ending each September 30t~ and shall determine the actuarial present value of future pension payments to current retirees, based on certain other criteria, as outlined in the proposed Ordinance. ALTERNATIVES: Do not adopt Ordinance and leave plan status quo. Department Head's Signature City Manager's Signature City Attorney Department Name _ !'I.,,%.? .~: City Attoq~dy YTCFinance, Human Resources S:q3ULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO PROVIDE A SUPPLEMENTAL BENEFIT TO THE RETIREES OF THE GENERAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-111, ENTITLED "NORMAL RETIREMENT"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in lieu of providing a cost of living increase to the retirees under the General Employees' Pension Plan (the "Plan") each year, the General Employees' Pension Board of Trustees ("Board") has recommended the provision of a supplemental benefit to be provided to the retirees of the Plan equal to a portion of any investment return the Plan experienced in any given year; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article Iii Division 4, Section 18-111 of the City Code of Ordinance of the City of Boynton Beach, entitled "Normal Retirement", as follows: Page 1 of 4 IFK: 11-19-2001 2-19-2002~ 5-25-2002 Cg,Documents and Senin qamannar,,Local Settm s\Tem or Intemet Fites\OLKB0\Generat Em Io 'ecs Pension - 13th checkl.doq'~:'.'-' - · ~' ] ' - ' "'- ' ; " 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 ORDINANCE NO. Section 18-111. Normal Retirement. (e) Commencing October 1, 2001, in lieu of receiving a cost of living ~ncrease retirees may be eligible to receive a supplemental pension distribution payable by the following July 1st, the amount of which shall be determined as of September 30th of each year. The amount of the distribution is equal to the amount the net investment return exceeds the assumed rate of investmem return divided equally among all participants whose benefit was in pay status as of the previous October 1st. The amount of the distribution shall be the same for all eligible retired members regardless of years of service, age, years retired or amount of monthly benefit. In no event shall the supplemental benefit exceed the average monthly benefit of those retirees receiving a monthly benefit calculated as of the previous October 1st. (1) The actuary for the Pension Fund shall determine the rate of investment return earned on the Pension Fund assets during the twelve (12) month period ending each September 30th and shall be the rate reported in the most recent actuarial report. (2) The actuary for the Pension Fund shall, as of September 30th, determine the actuarial present value of future pension pa~rrnents to current retirees. (3) The supplemental benefit shall not be paid in any year that the net investment remm does not exceed the assumed rate of investment retunl. (4) If there shall be a supplemental distribution, the Board of Trustees shall authorize a supplemental pension distribution, unless the administrative expenses of distribution exceed the amount available for distribution. (5) The eligible persons to receive a supplemental distribution are retirees, including participants in the DROP, and their beneficiaries. (6'} For members who participate in the DROP as provided in § 18- 127 of the Plan, the supplemental pension distribution, if distributed, shall be deposited in the member's DROP account during their term of participation in the DROP. Page 2 of 4 JFK: 11-19-2001 ~ 2-19-2002 I 5-25-2002 S:\CA\OrdinanceskPension\General Employees Pension- 13th check.docH21999L ~"/~ ! ~2.~E',@-~-D~,G:.'.:ra: 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 ORDINANCE NO. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4., All Ordinances or pans of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section $... If any clause, section, or other pan or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; and Page 3 of 4 JFK: 11-19-2001 12-19-2002 15-25-2002 ch ck doc .................... ~' ....-4 ~=;!c7::: ?:.-.:!,n - S:\CA\OrdinanceshOension\General Employees ?ens~on - 13th e ............................... 1 2 3 4 ORDIN.a2qCE NO. a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING this ¢'P~'. day of ~'-~ U.-~lq ~.. , 2002. day of READING and PASSAGE this SECOND, FINAL ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: CITY CLERK (CORPORATE SEAL) Commissioner Commissioner Commissioner Page 4 of 4 S:\CA\Ordinanccs\Pens~on\Gcncra111'19'2001 1 Employees Pension - 13th ¢n¢c~ ...................... Requested City Commission Meeting Dates ] March 19. 2002 [] April 2, 2002 [] April [6,2002 [] May 7, 2002 XII. - LEGAL CITY OF BOYNTON BEAC ITEM A.5 AGENDA ITEM REQUEST FC Date Final Form Must be Turned in to CiW 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 XJune 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 15:00 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: Pre-Retirement Death Benefit under Boynton Beach General Employees' Pension Plan EXPLANATION: Provide a definition for a method for choosing and calculating a survivor benefit under Section 18- 115. "Death Before Retirement Date". PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Department Head's Signature City Manager's Signature Pension Administration Department Name City Attorney / Finance / Human Resources S:~BULLETIN'~FORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 ORDIN CS NO. &; 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE 11, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE PRE-RETIREMENT DEATH BENEFIT OF THE GENERAL EMPLOYEES' PENSION PLAN; SPECIFICALLY AMENDING SECTION 18-115, ENTITLED "DEATH BEFORE RETIREMENT DATE", TO PROVIDE A METHOD FOR CHOSING AND CALCULATING A SURVIVOR BENEFIT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 2, 2001, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 00-75 providing enhanced benefits to the members of the General Employees' Pension Plan ("Plan"); and WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to amend the terms of the Pre-Retirement Death Benefit provided in §18-115 of the City of Boynton Beach Code of Ordinances in order to clarify the intentions of the method of applying this benefit within the Plan; and WHEREAS, the Board has approved and recommended to the City Commission the adoption of this amendment to the Plan as more particularly set forth hereinbelow; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 1 of 5 JFK: 11-19-2001 1 2-19-2002 I 5-25-2002 S:\CA\OrdinanceS~ension\General Emoloyees Pension - death benefit.doc .............................. r , ......... d.=*~ b:,'x.:St.dec 6 7 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-115 of the City Code of Ordinance of the City of Boynton Beach, entitled "Death Before Retirement Date", as follows: Section 18-115. Death before retirement date. (a) Prior to January 2, 2000, in the event of death of an employee prior to the receipt by such employee of any of the bene fits under the provisions of this article, then the total amount of contributions by said employee to the fund, up to the time of his death, shall be paid to the beneficiary of the deceased employee, together with interest thereon at the rate of three percent (3%) per annum to January 1, 1977 and five percent (5%) thereafter, computed in the manner provided in section 18-117, unless the employee has reached normal retirement age and the retirement annuity option provided in section 18- l 18 has been elected by the employee, in which case pension payments will be made as though the employee had retired on the date before he died. (b) On or after January 2, 2000, in the event of the death of an employee prior to the receipt by such employee of any of the benefits under the provisions of this article, then the beneficiary of the deceased employee who was not vested, may receive the total amount of contributions by said employee to the fund, up to the time of his or her death, together with the interest thereon at the rate of five percent (5%) per annum thereafter, computed in the manner provided in section 18-117. The beneficiary of an employee who became vested prior to their death may receive the pension benefit earned by the employee aa though the employee had retired on the date before (s)he died payable either as an immediate lump sum payment or as a monthly survivor benefit for the remainder of the survivor's life. (1) The immediate lump sum payment is equal to the greater of the employee's contributions together with the interest thereon at the rate of five percent {5%) per annum or the lump sum value of the actuarial calculation of the employees' accrued pension payable at the earliest date the employee could have retired. Page 2 of 5 JFK: 11-19-2001 I 2-19-2002 t 5-25-2002 S:\CA\OrdinancesXPension\General Employees Pension -death benefit.docH:\!990',9Ly2~ [ ~2.EE\O?-D~,Gzn--r:! Em~cyzzz P:n::cn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. {2) The monthly survivor benefit would be the actuarial calculation of the employee's accrued pension starting at the earliest date the member could have retired. If the beneficiary's age ~s more than fifteen (15) years less than the employee's age at the time of death, then the monthly benefit will be reduced as though the beneficiary was fifteen (15) years younger than the employee. The monthly survivor benefit is payable at the earliest date the employee could have retired. (3) If the earliest date that the employee could have retired is before the normal retirement date, then the accrued death benefit will be subiect to the early retirement penalty of three percent (3%) for each year prior to what would have been the employee's normal retirement date. (4) If the beneficiary selects to receive the monthly survivor benefit but predeceases the date such payments commence, the employee's estate shall receive a refund of the employee's contributions together with the interest thereon at the rate of five percent (5%) per Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a pan of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. All Ordinances or pans of Ordinances, Resolutions or pans of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section $. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as Page 3 of IFK: 11-19-2001 ~ 2-19-2002 i 5-25-2002 benefit S:\CA\OrdinanccskPcnsion\General Emt)loyees Pension - death I 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. eliminated and so not effecting the validity Of the remaining portions or applications remaining in full force and effect. This Ordinance shall become effective when the following have the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; and (c) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective and retroactive to the effective date of Ordinance No. __ or Section 6. occurred: (a) THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 4 of IFK: 11-19-2001 12-19-2002 ~ 5o25-2002 death benefit S:\CA\Ordinances~Pension\General Employees Pension ................................ ORDINANCE NO. FIRST READING this day of SECOND, FINP-,L READING ,2002, and PASSAGE ,2002. this day of CITY OF BOYNTON BEACH, FLORIDA ATTEST: CITY CLERK (CORPORATE SEAL) Mayor Vice Mayor Commissioner Commissioner Commissioner Page 5 o f 5 JFK: 11-19-2001 2-19-2002~5'25'2002 .... S:\CA\Ordinances\Pens~on\General Employees Pension ...................... death benefit doc Requested City Commission Meeting Dates [] March 19,2002 ] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEH A.6 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FI5 .... Date Final Form Must be Turned in to CiW 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 ,_~ June 4, 2002 ~ June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned tn 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: Motion to approve an Qrdinance amending Chapter 18, Article II, Division 4 of the Code to amend the Deferred Retirement Option Plan to modify the investment options available to DROP members. EXPLANATION: The General Employees Pension Board of Trustees has recommended an amendment to the General Employees DROP plan to amend the investment options available for members, by eliminating option 3 of the current plan. PROGRAM IMPACT: FISCAL IMPACT: . ALTERNATIVES: Do not adopt Ordinance and leave plan stares quo. Department Head's Signature Ci~ Manager's Signature City Attorney Department Name City Attorney/(/(/~{n~ce / Human Resources S:~,BULLETINWORMS',AGENDA ITEM REQUEST FORM. DOC ORDINANCE 4 5 6 7 '8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND THE DEFERRED RETIREMENT OPTION PLAN ("DROP") OF THE GENERAL EMPLOYEES' PENSION pLAN; SPECIFICALLY AMENDING SECTION 18-127 TO MODIFY THE INVESTMENT OPTIONS AVAILABLE TO DROP MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 2, 2001, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 00-75 providing a Deferred Retirement Option Plan ("DROP") for the members of the General Employees' Pension Plan ("Plan"); and WHEREAS, the General Employees' Pension Board of Trustees ("Board") has determined the necessity to amend the investment options available for the DROP members; and WHEREAS, the Board has approved and recommended to the City Commission the adoption of this amendment to the Plan as more particularly set forth hereinbelow; and WHEREAS, it is the desire of the City Commission to amend the Plan as recommended by the Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING: Words in ~ type are deletion from existing law. Words in underscored type are additions. Page I of 3 IFK: 2-19-2002 I 5-2-2002 5-25-2002 S:\CA\Ordinances\Pension~General Employees Penston- amend DROP investment policy doc 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. The foregoing "WHEREAS" clauses Section 1. are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits anached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-127 of the City Code of Ordinance of the City of Boynton Beach, entitled "Deferred Retirement Option Plan", as follows: Section 18-127. Deferred Retirement Option Plan. (f) An employee's account in the DROP program shall earn interest in one (1) of ~ two (2) ways. The selection of the earnings program shall be irrevocable and shall be made prior to the first deposit in the DROP account. The options are: (1) Gain or lose interest at the same rate as the Plan; or (2) At an annual fixed rate of seven percent (7%); zr. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in~,. ....,.....t' ,t.~.~...~....,t,anet. are deletion fi:om existing law, Words in underscored type are additions. Page 2 of 3 JFK: 2-19-2002 15-2-2002 5-25-2002 SSCA\Ordinanccs~Penslon\General Eml~loyees Pension - amend DROP investment oolicv flocu'~ ' 1 2 3 4 5 6 7 8 9 10 ORDINANCE NO. Section 4. All Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.- Section $. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. adoption. FIRST READING this . SECOND, FINAL ,2002. This Ordinance shall become effective immediately upon READING and PASSAGE ,2002. this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: Commissioner Commissioner CITY CLERK Commissioner CODING: Words in smi~q~q~-oq*~ type are deletion from existing law. Words in underscore_ d type are additions. Page 3 of 3 J-FK: 2-19-2002 5-2-2002 5-25-2002 " doc ............ S:\CA\Ordinanccs',Pension\General Employees Pension - amend DROP investmem poucv. _, Requested City Commission Meeting Dates [] March 19, 2002 [] April 2.2002 [] April 16, 2002 [] May 7, 2002 XlI. - LEGAL ITEM B. 1 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOkt,1 Date Final Form Must be Turned m to Cit5 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 [] July2,2002 Date Final Form Must be Turned in to Ciw Clerk's Office May 8, 2002 (5:00 p.m.~ May 22, 2002 (5:00 p.m3 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 June 18, 2002 City Commission Agenda under Public Hearing and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23~a Avenue between Federal Highway and the Florida East Coast Raikoad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ / N/A Deve~ent D ep~'r t'~'n~ ~'~ 15 ir e c t or City Manager's Signature Planning and ~oning D'irSctor City Attorney / Finance / Human Resources JSSHRDATA~Ianning~SHARED\WP~ROJECTS~SHOWCASE CONTRACTORS~Kensington Place f.k.a. Showcase TownhomesXLUAR 02-003~Agenda Item Request Kensington Place LUAR 02-003.dot SABULLETIN~ORMSXa~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO, O2- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY LOCATED ON THE SOUTH SDE OF SE 23RD AVENUE BETWEEN FEDERAL HIGHWAY _ad'q-D THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY; 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 LOCAL RETAIL COMMERCIAL (LRC) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Furore Land Use Element by Ordinance No. 89-3 8in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes., has been followed; and WItEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as HDR (High Density Residential). Said land is more particularly described as follows: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East right of way line of the Florida East Coast Raikoad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be 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) s:ca\ord Land Use- Showcase DEVELOPMENT DEPARTMENT PLANLNING & ZONING DIVISION MEMORANDUM NO. PZ 02-111 TO: Chairman and Ivlembers Community Redevelopment Agency Board FROM: Dick Hudson. Senior Planner THROUGH: Michael W, Rumpf Director of Planning and Zoning DATE: June 3, 2002 Project/Applicant: PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Agent: Owner: Location: Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23,a Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way File No: Land Use Amendment/Rezoning (LUAR 02-003) Property Description: Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23rd Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Multi-family Residential. The property nearest the subject parcel is developed with four-plex/townhome units; other property within the development contains a combination of townhomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2< Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR C~2~003 Kensington Place Townhomes pROJECT ANALYSIS The subject parcel totals +1.62 acre Because of the size of the property under consideration, the Flor/da Department of Community Affairs classifies th/s amendment as a "small scale" amendment. A "small~scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in .Krtlc le 2. Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive ptan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permit only residen rial or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located west of South Federal Highway and therefore is not in the humcane evacuation area. It is, however, in the City-designated Coastal Planning Area and in the City's Commumty Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corr/dor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion. The proposed land use amendment and rezoning are compatible with policies in the Future Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezomng would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serving commercial development, the converston from the older residential development to commercial uses has occurred only in spots along the portion of SE 23~d Avenue east of the railroad. c. Whether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, prowide excellent opportunities for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensin~on Place Townhomes d. Whether the proposed use would be compatible with utilio' systems, roadways, and other public facilities. The combined increase in demand for water and sewer ser~'ices by the proposed development would be less than 300 gallons per day above the potential demand under the present land use designauon and zoning. The Palm Beach County Traffic Engineering Divi sion has reviewed the application and has determined that the project will generate no more the 200 additional trips per day, and there fore meets the County's Traffic Performance Standards. With respect to solid waste, the SWA has stated within a letter dated December 18,2001 that adequate capacity exists to accommodate the County's municipalities throughout the l O-year planning period. Lastly, drainage will also be reviewed in detail as par~ of the review of the site plan use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of ad. jacem and nearby properties, or would affect the property values of adjacem or nearby properaes. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a malority of the adjacent property fronting on SE 23~a Avenue remains in residential use, it ~vould not be incompatible with those uses. f. Whether the property is physically and economically developable under the existing zoning. The property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develop as a small snap center or medical offices. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the variety of types and styles to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use. in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. ~NS/RECOMME~WDATIONS 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 antxcipated in the Comprehensive Plan; wilt be compatible with adjacent land uses and will contribute to the overall econormc development of the City. Therefore, staff recommends that the subject request be approved. If condinons of approval are recommended by the Community Redevelopment Agency Board or required by the City Commxsslon, they will be included as Exhibit "B". ATTACHMENTS ..... ~, .eu · o ;D\W~,PROJECTS~HOWCASE CONTIL~CTORS'~Kensm~°n Place f k'a' Sh°wcase T°wnhomestkUAR 02'00~taff r~ ~c ~,,Ch\ I, 4 AI'N~ H.F,.IJ Al,~-"r .ann m g~rw'r'~ Location Map SHOWCASE TOWNHOMES R3 C1/ -R3 m C3 400 4OO 8OO 1200 Feet Requested City Commission Meetm~ Dates [] March 19.2002 April 2. 2O02 [] April 16.2002 [] May '7. 2002 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw Clerk's Office March 6. 2002 (5:00 p.m,i 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 2l, 2002 [] June4. 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned m 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 [] 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 June 18, 2002 City Commission Agenda under Public Hearing and under Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-111. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Raikoad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' - ' 'l~i['y Manager's ~gnarure Planning and Zonm'g Director City Attorney / Finance / Human Resources j:\SHRDATALPlanningXSHARED\WPhOROJECTSKSHOWCASE CONTRACTORS\Kensington Place f.k.a. Showcase Townhomes\LUAR 02-003kAgenda Item Request Kensington Place-rezone LUAR 02-003.dot S:~BULLETINZFORMS'xAGENDA ITEM REQUEST FORuM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION FOR REZONING BY SHOWCASE REALTY AND CONTRACTING, INC; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZON[NG A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-2 (NEIGHBORHOOD COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT); PROVDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Vince Zabik, as agent for Showcase Realty and Contracting, 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, Florida, for the purpose of rezoning a certain tract of land consisting of 1.62 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE 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: A portion of the Southwest Quarter of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida. The South 180 Feet of the North 245 Feet of the Southeast Quarter of Section 33 lying East of the East fight of way line of the Florida East Coast Raikoad and West of the Westerly boundary of the Plat of Robinson Addition as recorded in Plat Book 23 at page 144 of the Public Records of Palm Beach County, Florida. Subject to easements of record. be and the same is hereby rezoned from C-2 (Neighborhood Commercial) to PUD (Planned Unit Development). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 2: accordingly. SectiOn 3: !repealed. Section 4: That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion thereof i[be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the I iremainder 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, FLOKIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\OrdXRezoning Showcase 061002 DEVELOPMENT DEPARTMENT PLAN~NI'NG & ZONING DIVISION MEMORANDL~I NO. PZ 02-111 TO: FRO M: THROUGH: DATE: Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: Chairman and Members Community Redevelopment Agency Board Dick Hudson. Senior Planner Michael W, Rumpf Director of Planning and Zoning June 3, 2002 PROJECT DESCRIPTION Kensington Place f..k.a.. Showcase Townhomes/Showcase Contracting, Inc. Vince Zabik Showcase Realty and Contracting, Inc. South side of SE 23rd Ave. (Golf Road) between Federal Highway and the Florida East Coast Railroad right-of-way Land Use Amendment/Re~oning (LUAR 02-003) Vacant property consisting of 1.64 acres, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial To reclassify the subject property from Local Retail Commercial (LRC) to High Density Residential (10.8 du/ac), and rezone from C-2, Neighborhood Commercial to Planned Unit Development (PUD). Adjacent North: South: East: West: Land Uses and Zoning: Right-of-way of SE 23rd Ave. (Golf Road) then property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. The property is developed with a mixture of office, commercial and residential uses. Farther north, is property designated High Density Residential (HDR) and zoned R-3, Multi-family Residential and developed with a mixture of one and two-story single family, duplex and multi-family dwelling units. Developed residential property (Los Mangos) designated High Density Residential (HDR) and zoned R-3, Ivlulti-family Residential. The property nearest the subject parcel is developed with four-plex/town.home units; other property within the development contains a combination of towrthomes and duplexes. Developed property designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A dental lab occupies the adjacent parcel and farther east are single-family homes. Florida East Coast Railway right-of-way, then the right-of-way of SE 2"~ Street, then developed property) classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial. A medical office is under construction on the property. Page 2 File Number: LUAR 02-003 Kensington Place To~vnhomes PROJECT ANALYSIS The subject parcel totals + 1.62 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted pr/or to forwarding to the Florida Department of Community Affairs and ts not reviewed for compliance with the state and regional plans prior to adopnon. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9. Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. g, Tzether the proposed rezoning wo,dd be consistent with applicable comprehensive plan policies including but not limited to. a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which wot, ld have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.7 of the Future Land Use Element reads: "The City shall continue to change the land use and zoning to permir only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The 'subject property is located west of South Federal Highway and therefore is not in the hurricane evacuanon area. It is, however, in the City-designated Coastal Planning Area and in the City's Community Redevelopment Area. The adopted "Federal Highway Corridor Community Redevelopment Plan" includes goals for the redevelopment of each of five planning areas in the corridor. The subject property is in Planning Area V. A specific goal for that area reads: "Encourage a variety of housing. Develop intensity standards that allow for a varzety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion. The proposed land use amendment and rezoning are compatible with policies in the Furure Land Use Element of the Comprehensive Plan and with goals in the Federal Highway Corridor Community Redevelopment Plan. grhether the proposed rezomng would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare: The proposed rezonmg would not create an isolated district, but would relate to the adjacent lands to the south occupied by the Los Mangos residential development. Although other surrounding property is designated and zoned for neighborhood-serv/ng commercial development, the conversion from the older residential development to commercial uses has occurred only in spots along the portion of SE 23~ Avenue east of the railroad. c. ?/hether changed or changing conditions make the proposed rezoning desirable. The South Florida housing market has experienced a growing popularity of townhouse developments as a residential unit of choice. Developments similar to the proposed, with a small number of units, provide excellent oppormmties for infill development and redevelopment in the Coastal Area of the City. Page 3 File Number: LUAR 02-003 Kensington Place Townhomes d. Vghether the proposed use would be compatible with utility systems, roadways, and other public facilities. The combined increase m demand for water and sewer services by the proposed development would be less than 300 gallons per day above the potential demand under the present land use designation and zoning. The Palm Beach County Traffic Engineering Division has reviewed the application and has determined that the project will generate no more the 200 additional trips per day, and therefore meets the County's Traffic Performance Standards. With respect to solid waste, the SWA has stated within a letter dated December 18, 2001 that adequate capacity exists to accommodate the County's munmipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan use application, and must satisfy all reqmrements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property would be a continuation of existing uses to the south, and because a majority of the adjacent property fronting on SE 23r~ Avenue remains in residential use, it would not be incompatible with those uses. f. Whether the property is physically and economically developable under the existing zoning. Th~ property is physically developable under the existing zoning. Given the location, size and configuration of the parcel, it would possibly develo, p as a small strip center or medical offices. g. V~hether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is an excellent example of the types of redevelopment and infill projects that will help to underpin the redevelopment efforts in the Federal Highway Corridor and will also increase the var/ery of types and styles to support general economic expansion. h. Whether there are adequate sites elsewhere in the city for the proposed use. in districts where such use is already allowed. There are very few residentially designated sites in the City that would provide opportunities for a small to medium-sized developer to build a project of this size. CONCLUSIONS/R COi~M:ENDATIONS 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 Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS ~Ch~MAIN~HI:tDATAWlanmng~HAR~D~WI~PROJEC"i'~SHOWCAS{: CON'I'I~..ACTORSXKcmington Pl,~:e f.k.x Showe-~t,~ To~mes~rdAR 02-003~'tifff reoosx, acc Location Map SHOWCASE TOWNHOMES R3 / SE - C1 -R3 C3 C3 400 400 800 1200 Feet Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May7,2002 XII. - LEGAL ITEM D,1 CITY OF BOYNTON BEAC} 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 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: Authorize the City Attorney to draft ordinance(s) to submit charter amendments to referendum vote. EXPLANATION: Periodically the City Charter should be reviewed to determine if the most efficient procedures for providing local government services are reflected in the Charter; to conform the Charter to. changes in Florida law that have been enacted by the Legislature or the Courts; to identify issues which have generated local interest or debate; and to identify issues which might operate to inhibit qualified citizens from seeking election to local office. The attached chart summarizes the City Charter and offers commentary by the City Attorney on provisions of the Charter that are redundant, unnecessary, or timely for review. The City Attorney has highlighted several articles for Commission consideration with the following additional commentary: Sec. 17. This provision of the Charter establishes a City-wide one year residency requirement for candidates for office. There is currently no district residency requirement. See. 21. This provision of the Charter requires the Mayor to sign all contracts, with no authority for delegation. Authority and accountability for signing contracts may be more efficiently handled by the City Manager. Sec. 49. This provision of the Charter has been the frequent subject of inquiry and debate. It is clear that the City Manager and City Attorney serve at the pleasure of the Commission, but at issue is which other offices (management level employees) are subject to Commission action when they are hired or fired. A specific list of officers, if any, that can be retained or released only with Commission ratification would be beneficial. Sec. 50 This provision has been the subject of public debate many times in the last decade. Depending on one's point of view, it either prohibits qualified and competent elected officials from remaining in office or inhibits non-incumbents from reaching office. S:~BULLETIN'xFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Sec. 54. This Section of the Charter requires the Mayor to participate in judicial sales. It is a provision more likely found in Charters that create strong mayor forms of government. The acts required of the Mayor could be handled administratively. Sec. 55 This Charter provision requires a referendum vote to modify Commission and Mayor salaries. Salaries could be established and be modified by ordinance and a public hearing process. The National Civic League's model city charter provides for salary adjustment by ordinance. Sec. 72.3 This section of the Charter refers to the position of "Personnel Director". No such position exists. The responsibilities of the personnel director have been merged into the responsibilities of the Human Resource Director. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: No action. Department Head's Signature Department Name S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC KEY CHARTER PROVISIONS SECTION TITLE PROVISION/COMMENT 6 Boundaries Originally set forth boundaries of City. Boundaries are now established and modified by ordinance 6A Greater Boynton Origin unclear. May have described City limits Boundaries and further annexation area. Serves no legal purpose 12 Subdivision Maps Sets forth requirement for subdividing land Serves no legal purpose. Subdivision of land controlled by state statute. 15 When Commission Provides for assumption of office at first regular or Members and Mayor special meeting following election. to Assume Office Serves only a ceremonial purpose. State law provides for assumption of office on election. 16 Qualifications of Provides for forfeiture of office if residency Commission requirement as set forth in Sec. 17 is lost. Could be consolidated with provisions of Sec. 17 17 Composition, Describes number of elected seats and election, terms, qualifications fOr office holding. vacancies Sets residency requirement~ Establishes runoffrule Sets forth provision for district bound~ amendments. Residency requirement does' not require one year of residency in district, only City. 18 Judges of Own Provides for rules of procedure for meeting and Qualifications quorum. Provides for expulsion, fines and penalties Expulsion provision preempted by state law. 19. Committee Require's appointment of standing committees by delegation Resolution Not required. Commission has a general power to appoint committees and boards under Home Rule Powers C:kDocuments and Settings\cherof]kLocal Settings\Temporary Intemet Files\OLK4kKey Charter. doc 20 Salaries to be fixed Requires salaries of officers and employees to be by Resolution established by Resolution. Not required. Procedure for establishing salaries set forth in state statute in budget adoption process. 20.1 Pension and Establishes provisions for City employee pension. Retirement System Several provisions of this section are covered by state statute and Home Rule Powers. 21 Authority to contract Sets forth Cgmmissions' rote in approving . contracts and requ~ement that Mayor execute same. : Not required: Power to. enter into contracts exists under Home Rule Powers. Mayor's role in signing contracts is more ceremonial than practical 22 Frequency, date of Establishes meeting Schedule regular meeting ShouM be consolidated with Sec. 56. 23 Authority to create Limits COmmissions ability to abolish offices and abolish offices created by Charter Reflects what are now Home Rule Powers. creation or abolishment of offices could handled by ordinance. Also covered in Sec. 49: 27 General Ordinance Establishes Commission power to enact enactment power ordinanceS, and to prescribe fines and forfeitures. Although generally established by Home Rule Powers, references to fines and penalties may be required 31 Effective annexation Requires Provision in franchise agreements for on franchises automatic:inclusion of newly annexed areas May conflict with provisions of state law. Could otherwise be established by Ordinance rather than charter provision 32 Rights of City when Generic right of franchise provision. franchises granted Could be consolidated with 31 35 Fire limits Establishes Commission power to fix and establish the fire limit. Unnecessary preempted by state law 37 Borrowing money Sets forth Commission authority to borrow money and issue notes Unnecessary. Covered under Home Rule Powers C:kDocuments and Settings\cherof~kLocal SettingsXTemporary Internet Files\OLK4kKey Charter. doc 49 General Describes role of Commission in relation to City administration Manager, City Attorney and employees. provisions This provision establishes the City Manager~Commission form of government. Reference to officers created by Commissioner, without a specific list unclear and potentially conflicts with City Manager's power ofapP oin tment. 50 Terms of office Establishes terms of office This provision establishes the term limit restrictions on holding office. This has been the most frequently reviewed ~ provision of the Charter. Operates to prevent mayor from running for , commission seat or commissioner running for mayor seat in consecutive terms. 51 Filling vacancies Sets procedure for filling vacancy on the Commission 52 Qualifications General provision for qualification and oath of office Redundant with other provisions of charter and state statute 53 Vice Mayor election Provides for procedure for election of Vice Mayor and special election if seat of Mayor is vacated 54 Powers of Mayor Sets out role of Mayor and power to execute documents, also establishes Mayor's role in bidding on judicial sales Role in judicial sales couM be better handled administratively 55 Compensation of Establishes salary of Mayor and Commission. Mayor and Council CouM be addressed by ordinance. 56 Special and Regular Sets procedure for calling special meetings meetings Provisions regarding record keeping covered by state statute 57 City Attorney Requires appointment of City Attorney by Commission action. 58 City Attorney/duties Describes general responsibilities of City Attorney 59 City Attorney Compensation of City Attorney to be established compensation by Resolution Not required. Provisions for compensation established through budget process 62 Power and Authority Establishes power and authority of Police Chief of police Provisions regarding Municipal Court are obsolete 66 Duties of Clerk Describes general responsibilities/duties of City C:kDocuments and Settings\cherof~kLocal Settings\Temporary Intemet Files\OLK4LKey Charter.doc Clerk. Could be addressed by ordinance. 68 Duties of City Describes general responsibilities/duties of City Treasurer Treasurer. Budget and financial requirements l~rovided for by statute. Could be addressed by ordinance 70 Bond requirement Establishes authority of city commission to require any officer to post bond and set the amount 72 Establishment of Establishes procedure for appointments and merit and fitness promotions. system Remnant of civil service system. 72.1 Classified and Sets out exemptions to classified service. unclassified service Remnant of civil service system. 72.2 Status of present Language protectect/transitioned employees when employees 1961 charter provision enacted. Remnant of civil service system. Has no current application. 72.3 Personnel director Establishes duties and authority of Human Resource Director as charter office. Terminology has changed to Human ReSource Director. Could be handled by ordinance. 72.9 Personnel rules Establishes procedure governing of the merit system for employees Remnant of civil service system 72.10 Rules to incorporate Sets forth =rUles to incorporate merit and principal principal of merit and of merit and fitness fitness Remnant of civil service system 72.11 Causes' for Sets forth causes for demotion, suspension or suspension and dismissal for civil service employees dismissal Remnant of civil service system 72.13 Absence of City Shifts reSponsibility, duties and functions to Manager County Council in absence of City Manager Language apparently predates creation of position of Assistant City Manager, who assumes duties of Manager. 73 Fiscal Year Establishes fiscal year of City to commence on the first day of October and end on the 30th day of September each year. Preempted by state statute 74 Property subject to Establishes authority of municipality to tax all taxation property, real and personal in the City Preempted by state statute 75 Authority to levy, Establishes authority of City Council to raise taxes purposes; sinking and make levies upon taxable property in the City fund for bonds as necessary C:kDocuments and Settings\cherofjkLocal Settings\Temporary Intemet Files\OLK4kKey Charter.doc Covered by Home Rule Powers 76 Excise and license Establishes authority of City Council to levy and taxes, authority impose license, excise and other taxes for municipal purposes Covered by Home Rule Powers and other statutes authorizing taxes 77 Publicity and Authorizes the levy of a special tax annually, not advertising, purposes, to exceed two mills on real and personal property authority to levy for advertisement and publicity of municipality special tax Covered by Home Rule Powers and other statutes authorizing taxes 84 Determination of Authorizes the City Commission to determine the necessary revenue; amount needed for purposes of operation and to certification of levy levy taxes Covered by Home Rule Powers and other statutes authorizing taxes 138 Call by Mayor, Establishes procedure for calling a general/special publication, election; qualifications and filing procedures qualifications, filing by candidates, notification of Supervisor of Elections 139 General and mn-off Establishes procedure for general and mn-off elections elections 141 Regular municipal Establishes dates for elections; qualifications; election, date; procedure for holding elections/special elections qualification of electors for councilmen; method of holding elections, special elections 142 Registration officer Authorizes City Clerk to be registration officer for and registration voter registration 143 Arrangements by Authorizes City Commission to make Council; inspectors arraignments for municipal elections; appoint and clerks, inspecto, rs and declare results appointments 144 Polls, opening and Establishes procedure for voting and certification closing; voting results, certification, canvass of returns, , declarations of results; the vote 147-153 Initiative petition of Establishes procedure for initiative petitions C:kDocuments and Settings\cherofjkLocal Settings\Temporary Internet Files\OLK4kKey Charter.doc proposed ordinances Procedure covered by statute - required signatures, etc. 155 Officers hold until Authorizes extension of office until successor successors qualify; takes office. ordinances continued C:kDocuments and Settings\cherof~kLocal Settings\Temporary Intemet Files\OLK4LKey Charter.doc